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BROADCASTING AND TELEVISION AMENDEMTN ACT 1985 No. 66 of 1985 - SECT 5

Interpretation
5. Section 4 of the Principal Act is amended-
(a) by inserting after the definition of "associate member" in sub-section (1)
the following definition:



" 'Aussat satellite' has the same meaning as in the Satellite  Communications
Act 1984 ;";

   (b)  by omitting from sub-section (1) the definitions of "broadcast
        receiver", "broadcasting station", "broadcasting translator station",
        "broadcasting translator station licence", "commercial broadcasting
        station", "commercial broadcasting translator station", "commercial
        television station" and "commercial television translator station" and
        substituting the following definitions:



" 'broadcast' means broadcast by radio or televise;
'broadcast by radio' means to operate a radiocommunications transmitter for
the purpose of the transmission to the general public of radio programs;
'category of licence' means a category of licence referred to in any of the
paragraphs of the definition of 'licence';
'commercial licence' means a commercial radio licence or commercial television
licence;
'commercial radio licence' means-

   (a)  a licence granted as a commercial radio licence under section 81; or

   (b)  a licence deemed by section 86C to be a commercial radio licence,
including such a licence as renewed or further renewed;
'commercial television licence' means-

   (a)  a licence granted as a commercial television licence under section 81;
        or

   (b)  a licence deemed by section 86C to be a commercial television licence,
including such a licence as renewed or further renewed;";

   (c)  by omitting from sub-section (1) the definition of "licence" and
        substituting the following definitions:



" 'licence' means-

   (a)  a commercial radio licence;

   (b)  a commercial television licence;

   (c)  a supplementary radio licence;

   (d)  a supplementary television licence;

   (e)  a public radio licence;

   (f)  a public television licence;

   (g)  a remote radio licence;

   (h)  a remote television licence;

   (j)  a re-broadcasting licence; or

   (k)  a re-transmission licence;
'licence warrant' means a licence warrant granted under section 89D;";

   (d)  by omitting from sub-section (1) the definitions of "national
        broadcasting station", "national broadcasting translator station
        licence", "national television station", "national television
        translator station licence", "public broadcasting licence" or "public
        television licence", "public broadcasting station" or "public
        television station", "public broadcasting translator station" or
        "public television translator station" and "public broadcasting
        translator station licence" or "public television translator station
        licence" and substituting the following definitions:

" 'metropolitan service area' means a service area in which is situated the
General Post Office of the capital city of a State;
'metropolitan television area' means a metropolitan service area that is the
service area of a commercial television licence;
'public licence' means a public radio licence or public television licence;
'public radio licence' means a licence granted as a public radio licence under
section 81 including such a licence as renewed or further renewed;
'public television licence' means a licence granted as a public television
licence under section 81 including such a licence as renewed or further
renewed;
'radio licence' means a commercial radio licence, a supplementary radio
licence, a public radio licence or a remote radio licence;
're-broadcasting licence' means a licence granted as a re-broadcasting licence
under section 81 including such a licence as renewed or further renewed;
'remote licence' means a remote radio licence or remote television licence;
'remote radio licence' means a licence granted as a remote radio licence under
section 81 including such a licence as renewed or further renewed;
'remote television licence' means a licence granted as a remote television
licence under section 81 including such a licence as renewed or further
renewed;
're-transmission licence' means a licence granted as a re-transmission licence
under section 81 including such a licence as renewed or further renewed;";

   (e)  by omitting from sub-section (1) the definitions of "supplementary
        broadcasting licence", "supplementary broadcasting station",
        "supplementary licence", "supplementary television licence",
        "supplementary television station", "telegraph line", "television
        receiver", "television repeater station", "television repeater station
        licence", "television station", "television translator station",
        "television translator station licence" and "the Board" and
        substituting the following definitions:



" 'service area' means-

   (a)  in relation to a licence or the holder of a licence-the area to be
        served pursuant to the licence; or

   (b)  in relation to the Corporation or the Service-an area in which the
        Corporation or Service, as the case may be, provides a broadcasting
        service, being an area determined by the Minister to be a service area
        for the purposes of this paragraph;
'supplementary licence' means a supplementary radio licence or supplementary
television licence;
'supplementary radio licence' means a licence granted as a supplementary radio
licence under section 81 including such a licence as renewed or further
renewed;
'supplementary television licence' means a licence granted as a supplementary
television licence under section 81 including such a licence as renewed or
further renewed;
'telegraph line' means a line within the meaning of the
Telecommunications Act 1975;
'televise' means to operate a radiocommunications transmitter for the purpose
of the transmission to the general public of television programs;
'television licence' means a commercial television licence, a supplementary
television licence, a public television licence or a remote television
licence;";

   (f)  by omitting from sub-section (1) the definition of "wireless
        telegraphy";

   (g)  by omitting sub-section (2) and substituting the following
        sub-section:



"(2) In this Act, unless the contrary intention appears, an expression that is
used in the definition of 'broadcast by radio' or 'televise' in sub-section
(1) and is also used in the Radiocommunications Act 1983
has the same meaning as in that Act."; and

   (h)  by adding at the end the following sub-sections:



"(4) For the purposes of this Act, an area shall be taken to overlap another
area if the first-mentioned area is wholly or partly co-extensive with, or is
within, the other area.



"(5) A reference in this Act to the area served or to be served pursuant to a
licence includes a reference to an area that consists of 2 or more separate
areas served or to be served pursuant to the licence.



"(6) A reference in this Act (other than section 18A) to the provision by a
licensee of an adequate and comprehensive service pursuant to a licence shall
be read as a reference to the provision by the licensee of an adequate and
comprehensive service, having regard to-

   (a)  the technical conditions of the licence warrant;

   (b)  the requirements of this Act and the regulations;

   (c)  the nature of the community to be served pursuant to the licence;

   (d)  the diversity of the interests of that community; and

   (e)  the nature of any other broadcasting services (including broadcasting
        services provided by the Corporation or the Service) having service
        areas that overlap the service area of the licence.". 


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