37Application for approval of variation

37 Application for approval of variation

(1) If, for subclause 20 (9) of Schedule 4 to the Act, a national broadcaster gives the Minister a variation of an approved implementation plan, the national broadcaster must use the approved application form.

(2) To avoid doubt:

Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that it is permissible for a person to use a prescribed form, or to comply substantially with the prescribed form.

(3) The national broadcaster’s application must deal with 1 approved implementation plan only.

37AA 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 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 approved implementation plan if:

(a) the Minister has determined that a specified area within the 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.