Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT 1990 No. 102 of 1990 - SECT 11

11. Section 89DH of the Principal Act is amended:

   (a)  by omitting from subsection (1) "subsection (2)" and substituting
        "subsections (2) and (3)";

   (b)  by adding at the end the following subsections:

"(3) Subsection (1) does not apply to a temporary transmission permit granted
to a person to whom subsection (4) applies.

"(4) This subsection applies to a person if:

   (a)  a temporary transmission permit is granted to the person; and

   (b)  the person is:

   (i)  the holder of a public licence; or

   (ii) an applicant or potential applicant for a public licence; and

   (c)  the permit is granted for the purposes of conducting broadcasts
        connected with the public licence or an application or intended
        application for the public licence.

"(5) Where a temporary transmission permit is granted to a person to whom
subsection (4) applies:

   (a)  subsection 119AB (2) applies to the person; and

   (b)  subsections 119AB (3), (3A) and (3B) apply to the person subject to
        any conditions imposed under subsection 89df (9);
as if references in those subsections to a public radio licence were
references to the temporary transmission permit.

"(6) It is a condition of a temporary transmission permit granted to a person
to whom subsection (4) applies that any money derived by the person from
broadcasting activities conducted pursuant to the permit is not to be spent
otherwise than:

   (a)  for or in connection with the conduct of broadcasting activities
        pursuant to the temporary transmission permit; or

   (b)  if the person is the holder of a public licence - for or in connection
        with the provision, maintenance or improvement of the broadcasting
        services provided pursuant to the licence; or

   (c)  if the person is an applicant or potential applicant for a public
        licence - for or in connection with the preparation or making of an
        application for the licence; or

   (d)  for the benefit of public broadcasting generally.

"(7) For the purposes of this section:

   (a)  a person is an applicant for a public licence if:

   (i)  the Minister has published a notice under subsection 82 (1) inviting
        applications for the grant of a public licence; and

   (ii) the person has applied for the grant of the licence; and

   (b)  a person is a potential applicant for a public licence if the Minister
        is satisfied, on reasonable grounds, that:

   (i)  the person intends to apply for a public licence; or

   (ii) the person is a member of a body which intends to form a corporation
        to apply for the grant of a public licence.".