Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 26

             (1)  The ACMA must, by legislative instrument, prepare licence area plans that determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with the use of the broadcasting services bands, and those plans must be consistent with the relevant frequency allotment plan.

          (1A)  To the extent to which a licence area plan deals with:

                     (a)  digital commercial radio broadcasting services; or

                     (b)  digital community radio broadcasting services; or

                     (c)  digital national radio broadcasting services;

the licence area plan is not required to determine the technical specifications of those services.

             (2)  The ACMA may, by legislative instrument, vary a licence area plan.

             (3)  If:

                     (a)  a review is conducted under section 35A; and

                     (b)  after the completion of the report of the review, the Minister is satisfied that a licence area plan should be varied in accordance with the recommendations in the report;

the Minister may give the ACMA a written direction requiring the ACMA to vary the licence area plan as specified in the direction.

             (4)  Subsection (3) does not limit subsection (2).

             (5)  The ACMA must comply with a direction under subsection (3).

             (6)  Sections 23 and 27 do not apply in relation to anything done by the ACMA in compliance with a direction under subsection (3).