Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 96

96. (1) In this Part, unless the contrary intention appears-

"amended Act" means the Principal Act as amended by this Act;

"broadcasting station" has the same meaning as in the previous Act;

"commencement date" means 1 January 1986;

"commercial broadcasting station" has the same meaning as in the previous Act;

"commercial radio licence" has the same meaning as in the amended Act;

"commercial television licence" has the same meaning as in the amended Act;

"commercial television station" has the same meaning as in the previous Act;

"licence for a commercial broadcasting station" has the same meaning as in the
previous Act;

"licence for a commercial television station" has the same meaning as in the
previous Act;

"Licence Fees Acts" means the Broadcasting Licence Fees Act 1964 and the
Television Licence Fees Act 1964;

"licence warrant" has the same meaning as in the amended Act;

"main corresponding old system licence", in relation to a new system licence,
means-

   (a)  in a case to which paragraph (b) does not apply-the old system licence
        that corresponds to the new system licence; and

   (b)  where-

        (i)    a licence for a commercial broadcasting station, a licence for
               a commercial television station, a public broadcasting licence
               or an old public television licence; and

        (ii)   a translator station licence or licences,
together correspond to a new system licence-the old system licence to which
sub-paragraph (i) applies;

"national broadcasting translator station licence" has the same meaning as in
the previous Act;

"national television translator station licence" has the same meaning as in
the previous Act;

"new public television licence" means a public television licence within the
meaning of the amended Act;

"new re-transmission licence" means a re-transmission licence within the
meaning of the amended Act;

"new supplementary television licence" means a supplementary television
licence within the meaning of the amended Act;

"new system licence" means a licence within the meaning of the amended Act;

"old public television licence" means a public television licence within the
meaning of the previous Act;

"old re-transmission licence" means a licence to which section 130A of the
previous Act applies;

"old specification" means a specification within the meaning of Part IIIB of
the previous Act;

"old supplementary television licence" means a supplementary television
licence within the meaning of the previous Act;

"old system licence" means a licence within the meaning of Part IIIB of the
previous Act;

"previous Act" means the Principal Act as in force immediately before the
commencement date;

"public broadcasting licence" has the same meaning as in the previous Act;

"public broadcasting station" has the same meaning as in the previous Act;

"public television station" has the same meaning as in the previous Act;

"re-broadcasting licence" has the same meaning as in the amended Act;

"service area" means-

   (a)  in relation to a new system licence-the area to be served pursuant to
        the licence;

   (b)  in the case of an old system licence in respect of which the
        specifications determined for the purposes of Part IIIB of the
        previous Act include a specification of the area served pursuant to
        the licence-that area; and

   (c)  in the case of an old system licence to which paragraph (b) does not
        apply-the area that the Minister intends to be served pursuant to the
        licence;

"service specification" has the same meaning as in Part IIIB of the amended
Act;

"supplementary broadcasting licence" has the same meaning as in the previous
Act;

"supplementary radio licence" has the same meaning as in the amended Act;

"technical condition" has the same meaning as in Part IIIB of the amended Act;

"television station" has the same meaning as in the previous Act;

"translator station licence" means-

   (a)  a commercial broadcasting translator station licence;

   (b)  a commercial television translator station licence;

   (c)  a public broadcasting translator station licence; or

   (d)  a public television translator station licence;

"unrelated commercial broadcasting translator station licence" means a
commercial broadcasting translator station licence that is not related to a
licence for a commercial broadcasting station or to a supplementary
broadcasting licence;

"unrelated commercial television translator station licence" means a
commercial television translator station licence that is not related to a
licence for a commercial television station or to a supplementary television
licence;

"unrelated public broadcasting translator station licence" means a public
broadcasting translator station licence that is not related to a public
broadcasting licence;

"unrelated public television translator station licence" means a public
television translator station licence that is not related to an old public
television licence.

(2) For the purposes of this Part-

   (a)  a commercial broadcasting translator station licence shall be taken to
        be related to a licence for a commercial broadcasting station if, and
        only if-

        (i)    one of the conditions of the commercial broadcasting translator
               station licence is that the station is operated only for the
               reception and re-transmission of the programs of a specified
               commercial broadcasting station; and

        (ii)   the holder of the commercial broadcasting translator station
               licence is also the holder of the licence for that specified
               commercial broadcasting station;

   (b)  a commercial television translator station licence shall be taken to
        be related to a licence for a commercial television station if, and
        only if-

        (i)    one of the conditions of the commercial television translator
               station licence is that the station is operated only for the
               reception and re-transmission of the programs of a specified
               commercial television station; and

        (ii)   the holder of the commercial television translator station
               licence is also the holder of the licence for that specified
               commercial television station;

   (c)  a public broadcasting translator station licence shall be taken to be
        related to a public broadcasting licence if, and only if-

        (i)    one of the conditions of the public broadcasting translator
               station licence is that the station is operated only for the
               reception and re-transmission of the programs of a specified
               public broadcasting station; and

        (ii)   the holder of the public broadcasting translator station
               licence is also the holder of the licence for that specified
               public broadcasting station; and

   (d)  a public television translator station licence shall be taken to be
        related to a public television licence if, and only if-

        (i)    one of the conditions of the public television translator
               station licence is that the station is operated only for the
               reception and re-transmission of the programs of a specified
               public television station; and

        (ii)   the holder of the public television translator station licence
               is also the holder of the licence for that specified public
               television station.