Commonwealth Numbered Acts

BROADCASTING LEGISLATION AMENDMENT ACT 1988 No. 146 of 1988 - SECT 23

23. After section 81A of the Principal Act the following sections are
inserted: Purpose of limited licence

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

   (a)  information purposes;

   (b)  special event purposes;

   (c)  remote Aboriginal community purposes;

   (d)  special interest purposes; or

   (e)  a purpose specified by the regulations in accordance with section 81C.

"(2) In setting out, in a notice under subsection 82AB (3) or (5), the service
specifications to which a limited licence is to be subject, the Minister shall
specify that the licence is to be:

   (a)  granted for particular purposes; or

   (b)  granted for purposes within a particular range of purposes.

"(3) Where the Minister specifies, in a notice under subsection 82AB (3) or
(5), that the licence is to be granted for purposes within a particular range
of purposes, the Tribunal shall determine the particular purposes within that
range for which the licence is granted.

"(4) The purpose for which a limited 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 under
        paragraph 84 (4) (b) or subsection 85 (1) or 86 (6).

"(5) A limited licence is granted for information purposes if the licence is
granted for the purposes of providing:

   (a)  an information service that is relevant to the interests of people
        living or working in or visiting the service area of the licence; or

   (b)  an information service that presents data solely or primarily in the
        form of alphanumeric text or graphics (including diagrams, tables or
        images).

"(6) A limited licence is granted for special event purposes if the licence is
granted for the purpose of providing a service that has a substantial
connection with a festival, exhibition, exposition, sporting event or other
special event.

"(7) A limited licence is granted for remote Aboriginal community purposes if
the licence is granted for the purpose of serving the cultural, linguistic,
educational, recreational or other needs of a remote Aboriginal community.

"(8) A limited licence is granted for special interest purposes if the licence
is granted for the purpose of enabling a person to use broadcasting facilities
of the Corporation or the Service to transmit programs in order to serve a
particular special interest, or particular special interests, of the
community, or a section of the community, that is located within the service
area of the licence.

"(9) The Minister for Aboriginal Affairs, or an authorised Aboriginal Affairs
officer, may declare that a community is a remote Aboriginal community for the
purposes of this section.

"(10) A declaration under subsection (9) shall be made by notice published in
the Gazette.

"(11) In this section:
'authorised Aboriginal Affairs officer' means a person who is performing the
duties of an office in the Department administered by the Minister for
Aboriginal Affairs and is authorised by that Minister, in writing, to make
declarations under subsection (9). Regulations may add new categories of
limited licence

"81C. (1) The regulations may specify a purpose as a purpose for which a
limited licence may be granted.

"(2) Where regulations are made for the purposes of subsection (1), the
regulations:

   (a)  may specify additional matters of which the Tribunal must be satisfied
        before granting a limited licence that has that purpose; and

   (b)  may specify additional conditions that are to apply to a limited
        licence that has that purpose.".