Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 34

34. Section 85 of the Principal Act is amended-

   (a)  by omitting from sub-section (2) "the broadcasting and television
        stations in the area served in pursuance" and substituting "the
        broadcasting services provided pursuant to other licences having
        service areas that overlap the service area";

   (b)  by omitting sub-section (3) and substituting the following
        sub-section:



"(3) Subject to this section, the Tribunal shall not vary, revoke or impose a
condition relating to a matter referred to in the definition of 'service
specification' in sub-section 80 (1).";

   (c)  by omitting from sub-section (4) "specification" and substituting
        "service specification";

   (d)  by omitting sub-section (5) and substituting the following
        sub-section:



"(5) Before the Minister gives a direction to the Tribunal under sub-section
(4)-

   (a)  the Minister, or an officer authorized by the Minister in writing for
        the purposes of this paragraph, shall give the licensee notice in
        writing-

        (i)    specifying the direction proposed to be given by the Minister;
               and

        (ii)   informing the licensee that the licensee may, not later than a
               specified date (being a date not earlier than 14 days after the
               date of the notice), make representations to the Minister
               relating to the proposed direction;

   (b)  in the case of a direction to vary the service area of the licence-the
        Minister, or an officer authorized by the Minister in writing for the
        purposes of this paragraph, shall also publish, in the Gazette and in
        a newspaper or newspapers (if any) circulating in the service area of
        the licence and in the proposed new service area, a notice-

        (i)    specifying the direction proposed to be given by the Minister;
               and

        (ii)   notifying interested persons that they may, not later than a
               specified date (being a date not earlier than 21 days after the
               date of publication of the notice in the Gazette), make
               representations to the Minister relating to the proposed
               direction; and

   (c)  the Minister shall have regard to any representations so made."; and

   (e)  by adding at the end the following sub-section:



"(7) In this section, 'condition' does not include a condition relating to a
matter referred to in the definition of 'technical condition' in sub-section
80 (1).".