Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SECT 17

17. (1) After section 81 of the Principal Act the following section is
inserted: Purpose of public licence

"81A. (1) A public licence shall be granted for:

   (a)  general community purposes; or

   (b)  a special interest purpose.

"(2) In setting out, in a notice under subsection 82 (1) in relation to the
grant of a public licence, the outline of the service specifications to which
it is proposed the licence is to be subject, the Minister shall specify that
the licence is to be:

   (a)  granted either for general community purposes or for a special
        interest purpose;

   (b)  granted for general community purposes; or

   (c)  granted for a special interest purpose.

"(3) Where, under paragraph (2) (c), the Minister specifies in a notice under
subsection 82 (1) that a public licence is to be granted for a special
interest purpose, the Minister may also specify in that notice the particular
special interest or interests to be served pursuant to the licence.

"(4) Where the Minister publishes a notice under subsection 82 (1) in relation
to the grant of a public licence, the following provisions have
effect:   (a) where, under paragraph (2) (a), the Minister specifies that the
licence is to be granted either for general community purposes or for a
special interest purpose-the Tribunal shall determine whether the licence is
to be granted for general community purposes or for a special interest purpose
and, if the Tribunal determines that the licence is to be granted for a
special interest purpose, determine the particular special interest or
interests to be served pursuant to the licence;

   (b)  where, under paragraph (2) (c), the Minister specifies that the
        licence is to be granted for a special interest purpose but does not
        specify the particular special interest or interests to be served
        pursuant to the licence-the Tribunal shall determine the particular
        special interest or interests to be served pursuant to the licence.

"(5) The purpose for which a public licence is granted shall be ascertained by
reference to:

   (a)  the service specifications of the licence; and

   (b)  the conditions (if any) imposed by the Tribunal on the licence
        pursuant to paragraph 84 (3) (b) or subsection 85 (1) or 86 (12).

"(6) For the purposes of this Part, a public licence is granted for general
community purposes if the licence is granted for the purpose of serving the
general interests of the community that is located within the service area of
the licence.

"(7) For the purposes of this Part, a public licence is granted for a special
interest purpose if the licence is granted for the purpose of serving a
particular special interest, or particular special interests, of the
community, or of a section of the community, that is located within the
service area of the licence.".

(2) Subject to subsection (3), the amendment made by subsection (1) applies
only in relation to the grant of a public licence after the commencement of
this section.

(3) The amendment made by subsection (1) does not apply in relation to:

   (a)  the grant by way of renewal of a licence that was granted before the
        commencement of this section; or

   (b)  the grant of a licence under section 99 or 99A of the
        Broadcasting and  Television Amendment Act 1985 .