Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 5

5. (1) Without prejudice to its effect apart from this sub-section, this Act
also has, by force of this sub-section, the effect it would have if the
reference in the definition of ''radiocommunication'' in sub-section 3 (1) to
things and things were a reference to parts of things and the same or other
parts of the same things.

(2) Without prejudice to its effect apart from this sub-section, this Act also
has, by virtue of this sub-section, the effect it would have if each reference
in any or all of the prescribed provisions to radiocommunications were a
reference to prescribed radio transmissions-

   (a)  made in the course of, or in relation to-

        (i)    trade and commerce between Australia and places outside
               Australia;

        (ii)   trade and commerce among the States;

        (iii)  trade and commerce within a Territory, between a State and
               Territory or between 2 Territories;

        (iv)   any relevant activity of a trading corporation or of a
               financial corporation;

        (v)    the operation of lighthouses, lightships, beacons or buoys; or

        (vi)   the making of astronomical or meteorological observations;

   (b)  made by or on behalf of the Commonwealth, an authority or
        instrumentality of the Commonwealth, a foreign corporation or a
        corporation incorporated in a Territory; or

   (c)  made in a Territory, or subject to section 6, a place outside
        Australia.

(3) Without prejudice to its effect apart from this sub-section, this Act also
has, by force of this sub-section, the effect it would have if each reference
in any or all of the prescribed provisions to radiocommunications were a
reference to prescribed radio transmissions made by a trading corporation or
financial corporation.

(4) Without prejudice to its effect apart from this sub-section, this Act also
has, by force of this sub-section, the effect it would have if each reference
in any or all of the following provisions, namely, sections 22 to 25
(inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93
(2) (g) to a radiocommunications transmitter were a reference to a prescribed
transmitter-

   (a)  used in the course of, or in relation to-

        (i)    trade and commerce between Australia and places outside
               Australia;

        (ii)   trade and commerce among the States;

        (iii)  trade and commerce within a Territory, between a State and a
               Territory or between 2 Territories;

        (iv)   any relevant activity of a trading corporation or of a
               financial corporation;

        (v)    the operation of lighthouses, lightships, beacons or buoys; or

        (vi)   the making of astronomical or meteorological observations;

   (b)  used by or on behalf of the Commonwealth, an authority or
        instrumentality of the Commonwealth, a foreign corporation or a
        corporation incorporated in a Territory; or

   (c)  in a Territory or, subject to section 6, a place outside Australia.

(5) Without prejudice to its effect apart from this sub-section, this Act also
has, by force of this sub-section, the effect it would have if each reference
in any or all of the following provisions, namely, sections 22 to 25
(inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93
(2) (g) to a radiocommunications transmitter were a reference to a prescribed
transmitter used by a trading corporation or a financial corporation.

(6) Without prejudice to its effect apart from this sub-section, this Act also
has, by force of this sub-section, the effect it would have if each reference
in any or all of the following provisions, namely, sections 22 to 25
(inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93
(2) (g) to a radiocommunications transmitter were a reference to a prescribed
transmitter.

(7) Without prejudice to its effect apart from this sub-section, this Act also
has, by force of this sub-section, the effect it would have if each reference
in any or all of the prescribed provisions to radiocommunications were a
reference to prescribed radio transmission.

(8) Without prejudice to its effect apart from this sub-section, this Act also
has, by force of this sub-section, the effect it would have if each reference
in any or all of the prescribed provisions to radiocommunications were a
reference to radio transmission in connection with the making of astronomical
or meteorological observations.

(9) Without prejudice to its effect apart from this sub-section, this Act also
has, by force of this sub-section, the effect it would have if each reference
in any or all of the prescribed provisions to radiocommunications were a
reference to radio transmission in connection with the operation of
lighthouses, lightships, beacons or buoys.

(10) In this section-

         ''prescribed provisions'' means sub-section 3 (16), paragraphs 9 (5)
(e) and 9 (6) (c), sub-section 9 (13), section 17, paragraph 24 (2) (d),
sub-paragraph 25 (1) (b) (i), sub-sections 25 (9), 38 (2) and 41 (2),
paragraph 46 (1) (a), sub-section 55 (1), paragraphs 55 (2) (a) and (3) (c),
sub-sections 65 (1), (4), (6), (9) and (11) and paragraph 93 (2) (a);

         ''relevant activity'' means-


   (a)  in relation to a trading corporation-

        (i)    any trading activity of the corporation; or

        (ii)   any other activity of the corporation carried on for the
               purposes of its trading activities; and

   (b)  in relation to a financial corporation-

        (i)    any financial activity of the corporation; or

        (ii)   any other activity of the corporation carried on for the
               purposes of its financial activities.