Broadcasting Legislation Amendment (Digital Radio) Act 2008 (Cth)

Broadcasting Legislation Amendment (Digital Radio) Act 2008

No. 114, 2008

An Act to amend the law relating to broadcasting, and for other purposes

Contents 1 Short title 2 Commencement 3 Schedule(s)

Schedule 1—Amendments Broadcasting Services Act 1992 Radiocommunications Act 1992

Broadcasting Legislation Amendment (Digital Radio) Act 2008

No. 114, 2008

An Act to amend the law relating to broadcasting, and for other purposes

[Assented to 31 October 2008]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Broadcasting Legislation Amendment (Digital Radio) Act 2008.

2 Commencement

This Act commences on the day after it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Broadcasting Services Act 1992

1 Paragraph 8AC(3)(a) Omit "1 January 2009", substitute "1 July 2009".

2 Subsection 8AC(8) (paragraph (e) of the definition of metropolitan licence area) Omit "Australia; or", substitute "Australia.".

3 Subsection 8AC(8) (paragraph (f) of the definition of metropolitan licence area) Repeal the paragraph.

Radiocommunications Act 1992

4 At the end of section 109D Add:

Issue of shares to digital community radio broadcasting representative company

(3) The licence is subject to the condition that, if: (a) there is a digital community radio broadcasting representative company (the representative company) for the designated BSA radio area; and (b) the representative company gives the licensee a written request under this paragraph to be issued with shares in the licensee; and (c) the request is made: (i) before the digital radio start‑up day for the designated BSA radio area; or (ii) within 12 months after the digital radio start‑up day for the designated BSA radio area; and (d) if an invitation was made to the representative company under whichever of paragraph 102C(5)(a) or 102D(5)(a) applied in relation to the formation of the licensee—no shares were issued to the representative company in connection with the invitation; the licensee must: (e) by written notice given to the representative company, offer to issue to the representative company a number of shares in the licensee such that, if the offer were accepted, the representative company would hold two‑ninths of the shares in the licensee; and (f) ensure that the offer is made within 30 days after the licensee receives the request; and (g) keep the offer open for at least 120 days after the offer is made; and (h) ensure that the rights and restrictions (if any) attached to the shares the subject of the offer are the same as the rights and restrictions (if any) attached to the shares held by existing shareholders in the licensee; and (i) ensure that the offer price per share does not exceed the amount worked out using the formula: where: number of pre‑offer shares is the number of shares in the licensee (the pre‑offer shares) that were issued before the offer was made. total price of pre‑offer shares is the total amount paid or payable to the licensee as consideration for the issue of the pre‑offer shares.