BROADCASTING SERVICES ACT 1992 - SECT 212A Self - help providers

BROADCASTING SERVICES ACT 1992 - SECT 212A

  (1)   For the purposes of the application of section   212 to a particular re - transmission of programs, a self - help provider is:

  (a)   one of the following that provides the re - transmission for the sole or principal purpose of obtaining or improving reception in a small community:

  (i)   an entity that is registered under the Australian Charities and Not - for - profits Commission Act 2012 ;

  (ii)   a not - for - profit entity that is not an ACNC type of entity; or

  (b)   a local government body which provides the re - transmission for the sole or principal purpose of obtaining or improving reception in a community located in the area served by the body; or

  (c)   a company which operates a mine and/or related infrastructure at an isolated location and which provides the re - transmission for the sole or principal purpose of obtaining or improving reception in a community:

  (i)   that is located in the vicinity of the mine or infrastructure, as the case may be; and

  (ii)   that accommodates the whole or a part of the workforce for the mine or infrastructure, as the case may be; or

  (d)   a company which operates a petroleum, oil or gas installation and/or related infrastructure at an isolated location and which provides the re - transmission for the sole or principal purpose of obtaining or improving reception in a community:

  (i)   that is located in the vicinity of the installation or infrastructure, as the case may be; and

  (ii)   that accommodates the whole or a part of the workforce for the installation or infrastructure, as the case may be; or

  (e)   a person who provides the re - transmission within a building or structure for the sole or principal purpose of obtaining or improving reception for persons in the building or structure, as the case may be; or

  (f)   a person who provides the re - transmission within one or more places that are all in the same area (within the meaning of section   36 of the Telecommunications Act 1997 ) for the sole or principal purpose of obtaining or improving reception for persons in those places; or

  (g)   a person who is a declared self - help provider in relation to the re - transmission;

other than:

  (h)   a subscription television broadcasting licensee; or

  (i)   a related body corporate of a subscription television broadcasting licensee; or

  (j)   a person who is an excluded provider in relation to the re - transmission.

  (2)   Nothing in subsection   (1) limits the generality of anything else in subsection   (1).

  (3)   Subsection   (1) does not limit the generality of anything in section   212B.

  (4)   In this section:

"declared self-help provider" has the meaning given by section   212B.

"excluded provider" has the meaning given by section   212B.

"isolated location" means a place in a State or Territory that is not at a location in, or adjacent to, an eligible urban area (within the meaning of section   140 of the Fringe Benefits Tax Assessment Act 1986 ).

"non-profit body" means an incorporated body that:

  (a)   is not carried on for the purposes of profit or gain to its individual members; and

  (b)   is prohibited by its constituent document from making any distribution of money or property to its individual members.

"related body corporate" has the same meaning as in the Corporations Act 2001 .