111ANational broadcaster must apply for variation in certain circumstances

111A National broadcaster must apply for variation in certain circumstances

(1) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s approved implementation plan if:

(a) the Minister has determined that a specified area within the remote coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and

(b) the national broadcaster:

(i) has increased the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area since the commencement of Schedule 4 to the Act and before the day the Minister makes the determination; or

(ii) increases the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area on or after the day the Minister makes the determination.

(2) A national broadcaster must apply to the Minister for approval of a variation of the national broadcaster’s implementation plan if:

(a) the Minister has determined that a specified area within the remote coverage area for the national broadcaster is a local market area that will become a digital‑only local market area; and

(b) the determination results in, or is likely to result in, the national broadcaster not being able to comply with the national broadcaster’s approved implementation plan.

(3) The national broadcaster must apply to the Minister using the approved application form and must apply:

(a) if subparagraph (1) (b) (i) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister; or

(b) if subparagraph (1) (b) (ii) applies — within 30 days of the national broadcaster increasing the level of coverage and potential reception quality of the national broadcaster’s service in analog mode in the specified area or within such longer period as is notified in writing by the Minister; or

(c) if subsection (2) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the Minister.

(4) Subsections 111 (2) and (3) apply to an application under this section.

(5) To avoid doubt, a reference in this section to a national broadcaster’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.