Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 44

44. Section 89C of the Principal Act is repealed and the following sections
are substituted: Commencement of service

"89C. (1) The holder of a licence other than a re-transmission licence-

   (a)  shall commence the service in pursuance of the licence on such date as
        is determined by the Tribunal; and

   (b)  where the technical conditions of the licence warrant are varied so as
        to authorize the use of an additional radiocommunications transmitter
        or additional radiocommunications transmitters to provide the service
        pursuant to the licence-shall commence to provide the service from
        that additional transmitter or those additional transmitters on such
        date as is determined by the Tribunal.



"(2) Notwithstanding sub-section (1), where the service pursuant to the
licence is to be provided by means of 2 or more radiocommunications
transmitters, or a variation of the technical conditions of a licence warrant
authorizes the use of one or more additional radiocommunications transmitters
to provide the service pursuant to the licence, the Tribunal may permit the
transmission of programs by means of those transmitters to commence on such
respective dates as are determined by the Tribunal.

"(3) The holder of a re-transmission licence shall commence to provide the
service in pursuance of the licence in the service area, or a part of the
service area, of the licence on such date as is determined by the Tribunal.
Licence warrants

"89D. (1) Before the grant of a licence, the Minister shall determine the
technical conditions of the licence warrant.

"(2) Technical conditions determined under sub-section (1) may include
conditions that are to be applicable only in specified circumstances.

"(3) Upon the grant of the licence, the Minister shall grant to the licensee a
licence warrant in respect of the licence that-

   (a)  in the case of a licence other than a re-transmission licence or a
        remote licence-authorizes the operation, in accordance with the
        warrant and by a person or persons specified in the warrant, of a
        particular radiocommunications transmitter or transmitters (other than
        a transmitter in an Aussat satellite) for the purpose of the
        transmission to the general public of radio programs or television
        programs, as the case requires;

   (b)  in the case of a remote licence-authorizes the operation, in
        accordance with the warrant and by a person or persons specified in
        the warrant, of a particular radiocommunications transmitter or
        transmitters, being a transmitter that is in, or transmitters that
        include a transmitter that is in, an Aussat satellite, for the purpose
        of the transmission to the general public of radio programs or
        television programs, as the case requires;

   (c)  in the case of a re-transmission licence-authorizes the transmission,
        across telegraph lines, in accordance with the warrant and by a person
        or persons specified in the warrant, of programs broadcast by the
        Corporation, the Service or another licensee; and

   (d)  specifies the technical conditions that are to be complied with.



"(4) The authorizations under licence warrants in respect of 2 or more
licences may relate to the same radiocommunications transmitter.

"(5) A licence warrant-

   (a)  subject to paragraph (b), continues in force while the licence
        (including any renewal) remains in force;

   (b)  does not have effect while the licence is suspended; and

   (c)  upon the transfer of the licence, passes to the new licensee.



"(6) Subject to sub-sections (7) and (8), the Minister may, during the
currency of a licence warrant, by notice in writing to the licensee, vary or
revoke any of the technical conditions of the licence warrant or determine
further technical conditions to be applicable to the licence warrant.

"(7) The Minister, in a licence warrant, shall not, without the consent of the
licensee, authorize the operation of a radiocommunications transmitter by a
person other than the licensee.

"(8) Before the Minister varies or revokes a technical condition of a licence
warrant, or determines that a further technical condition is to be applicable
to a licence warrant, the Minister, or an officer authorized by the Minister
in writing for the purposes of this sub-section, shall give the licensee
notice in writing specifying the proposed variation or revocation or the
proposed new technical condition, as the case may be, and informing the
licensee that the licensee may make representations to the Minister not later
than a specified date (being a date not earlier than 14 days after the date of
the notice), and the Minister shall have regard to any representations so
made.".