102AEConsolidating transmitter licences for certain broadcasting services

#### 102AE Consolidating transmitter licences for certain broadcasting services Consolidation requests (1) The licensee of a transmitter licence issued under subsection 102(1) and the licensee of another such licence (together the relevant licences) may request, by written notice given to the ACMA, that the ACMA make a declaration under subsection (3) of this section in relation to the relevant licences. (2) The licensee of each of the relevant licences may be the same licensee. Consolidation declarations (3) If the ACMA is satisfied that it is appropriate in all the circumstances to do so, the ACMA may make a declaration under this subsection providing that: (a) the transmitter licence (the consolidated licence) specified in the declaration, being one of the relevant licences, is taken to authorise: (i) the operation of the one or more radiocommunications transmitters specified in the consolidated licence; and (ii) the transmission, using those transmitters, of the broadcasting service or services concerned in accordance with each of the broadcasting services bands licences to which either of the relevant licences relates; and (b) the consolidated licence is taken to be held: (i) if the licensee of each of the relevant licences is the same licensee—by that licensee; or (ii) if the licensee of each of the relevant licences is different—jointly by those licensees; and (c) the consolidated licence is taken to continue to be issued under section 102 and each of the broadcasting services bands licences mentioned in paragraph (a) of this subsection are taken to be the related licences, as referred to in section 102, of the consolidated licence; and (d) the other of the relevant licences is taken to have been surrendered, and the ACMA is taken to have accepted that surrender, at the time the declaration is made. Transfer of related licences (4) If one of the related licences referred to in paragraph (3)(c) is transferred by the licensee (the first licensee) of that related licence to another person (the second licensee), then: (a) unless the first licensee holds one of the other related licences—the first licensee is taken to cease to hold the consolidated licence; and (b) the consolidate licence is taken to be held: (i) if the licensee of each of the related licences is the second licensee—by the second licensee; or (ii) if the licensee of each of the related licences is different—jointly by the second licensee and each licensee of the other related licences. Rules (5) The ACMA may, by legislative instrument, make rules prescribing the following matters: (a) the types of licensees that may make a consolidation request; (b) the information that must be included in a consolidation request; (c) the circumstances in which a consolidation request or consolidation declaration may be made; (d) the matters that may be provided for in a consolidation declaration; (e) the effects of making a consolidation declaration; (f) the circumstances in which a consolidation declaration may be varied or revoked, and the effects of such a variation or revocation; (g) any other matters that the ACMA considers necessary or convenient to give effect to this section. (6) The Minister may, by legislative instrument, give directions to the ACMA in relation to the exercise of the ACMA’s powers in making rules under subsection (5). > Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to directions given under this subsection (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). (7) The ACMA must comply with a direction given under subsection (6). Definitions (8) In this section: > consolidation declaration means a declaration made under subsection (3). > consolidation request means a request made under subsection (1).