Online Safety and Media Regulation Act 2022

Amendment of section 134 of Principal Act

42. The Principal Act is amended by the substitution of the following subsections for subsections (1) to (6):

“(1) Where the Commission invites applications for a sound broadcasting multiplex contract under section 136, it may—

(a) identify as ‘relevant incumbents’ sound broadcasting contractors who, under sound broadcasting contracts have the right and duty to establish, maintain and operate sound broadcasting transmitters in part or all of the coverage area (specified under section 136(3)) to which the contract relates, and

(b) offer to any relevant incumbents it considers appropriate an amendment to its relevant sound broadcasting contract (‘a simulcasting amendment’) for the purpose of ensuring simulcasts of sound broadcasting contract services on sound broadcasting multiplexes.

(2) In identifying relevant incumbents the Commission may use whatever procedures it considers necessary, including consultation with the Communications Regulator.

(3) A relevant incumbent shall have 60 days in which to accept in full or reject in full the offer of a simulcasting amendment.”.