Commonwealth Numbered Acts

BROADCASTING LEGISLATION AMENDMENT ACT 1988 No. 146 of 1988 - SCHEDULE 5

SCHEDULE 5
Section 49
CONSEQUENTIAL AMENDMENTS OF OTHER LEGISLATION
Copyright Act 1968 Subsection 10 (1) (definitions of "holder of a radio
licence" and "holder of a television licence"):
Omit the definitions. Section 91:
Omit the section, substitute the following section: Television broadcasts and
sound broadcasts in which copyright subsists

"91. Subject to this Act, copyright subsists:

   (a)  in a television broadcast made from a place in Australia by:

        (i)    the Australian Broadcasting Corporation;

        (ii)   the Special Broadcasting Service; or

        (iii)  any prescribed person, being a person who is, at the time when
               the broadcast is made, the holder of a transmitter licence or a
               temporary permit in force under the
               Radiocommunications Act 1983;

   (b)  in a television broadcast made from a place in Australia pursuant to a
        licence or permit granted under the Broadcasting Act 1942 by the
        holder of the licence or permit;

   (c)  in a sound broadcast made from a place in Australia by:

        (i)    the Australian Broadcasting Corporation;

        (ii)   the Special Broadcasting Service; or

        (iii)  any prescribed person, being a person who is, at the time when
               the broadcast is made, the holder of a transmitter licence or a
               temporary permit in force under the
               Radiocommunications Act 1983; and

   (d)  in a sound broadcast made from a place in Australia pursuant to a
        licence or permit granted under the Broadcasting Act 1942 by the
        holder of the licence or permit.". Paragraph 99 (b):

   (a)  Omit "a television licence, a holder of a radio licence", substitute
        "a licence or permit granted under the Broadcasting Act 1942".

   (b)  Omit "91 (b) (iii)", substitute "91 (c) (iii)". Subsection 152 (1)
        (definition of "broadcaster"):

   (a)  Omit paragraphs (b) and (c), substitute the following paragraph:

"(b) the holder of a licence or permit granted under the Broadcasting Act
1942; or".

   (b)  Omit "91 (b) (iii)", substitute "91 (c) (iii)". Subsection 152 (8):
Omit "radio licence", substitute "radio licence granted under the Broadcasting
Act 1942". Subsection 152 (9):

   (a)  Omit "radio licence", substitute "radio licence granted under the
        Broadcasting Act 1942".

   (b)  Omit "Broadcasting Act 1942", substitute "that Act". Paragraph 184 (1)
        (f):

   (a)  Omit "television licence, by a holder of a radio licence", substitute
        "licence or permit granted under the Broadcasting Act 1942".

   (b)  Omit "91 (b) (iii)", substitute "91 (c) (iii)". Paragraph 199 (7) (a):
Omit "television licence", substitute "licence or permit granted under the
Broadcasting Act 1942". Paragraph 199 (7) (b):

   (a)  Omit "radio licence", substitute "licence or permit granted under the
        Broadcasting Act 1942".

   (b)  Omit "91 (b) (iii)", substitute "91 (c) (iii)".
Telecommunications Act 1975 Paragraph 94 (2) (f):
Omit "(other than a re-transmission licence under that Act)". After paragraph
94 (2) (f):
Insert the following paragraphs:

"(faa) by the holder of an MCS permit under Part IIIC of the Broadcasting Act
1942 in accordance with the technical conditions of the MCS permit warrant;

   (fab) by the holder of a temporary transmission permit under the
        Broadcasting Act 1942 in accordance with the technical conditions of
        the permit;

   (fac) by the holder of a retransmission permit under the Broadcasting Act
        1942 (other than a permit authorising the use of telegraph lines to
        transmit programs) in accordance with the technical conditions of the
        permit;".