Commonwealth Consolidated Acts

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 - SECT 10

             (1)  A licence warrant granted under the Broadcasting Act in relation to a former licence continued in force under subsection 5(1) ( the related licence ) continues in force as a transmitter licence under section 102 of the Radcom Act as if such a licence had been granted under that section to the licensee of the related licence.

             (2)  A transmitter licence to which subsection (1) applies is a licence to operate and to possess a radiocommunications transmitter or transmitters for the purpose of transmitting a broadcasting service in accordance with the related licence.

             (3)  A licence warrant granted under the Broadcasting Act in relation to a former limited licence to which subsection 5(2) applies continues in force as a transmitter licence under section 100 of the Radcom Act as if such a licence had been granted under that section to the licensee of the former limited licence.

             (4)  A transmitter licence to which subsection (3) applies is a licence to operate and to possess a radiocommunications transmitter or transmitters for the purpose of transmitting the open narrowcasting service referred to in subsection 5(2).

             (5)  A former retransmission permit that related to the retransmission of programs continues in force as a transmitter licence under section 100 of the Radcom Act as if such a licence had been granted under that section to the holder of the former retransmission permit.

             (6)  A transmitter licence to which subsection (5) applies is a licence to operate and to possess a radiocommunications transmitter or transmitters for the purpose of transmitting the same service as was provided immediately before the commencement of this Act under the former retransmission permit.

             (7)  Subject to subsection (10), the conditions of a transmitter licence referred to in subsection (1) or (3) are:

                     (a)  the conditions that applied to the former licence warrant under the Broadcasting Act; and

                     (b)  a condition that the holder of the licence must comply with the provisions of the Radcom Act.

             (8)  Notwithstanding anything contained in the Radcom Act but subject to subsection (10), the conditions of a transmitter licence referred to in subsection (5) are:

                     (a)  the conditions of the former retransmission permit; and

                     (b)  a condition that the holder of the licence must comply with the provisions of the Radcom Act.

             (9)  A transmitter licence to operate and to possess a radiocommunications transmitter or transmitters for the purpose of transmitting a broadcasting service in accordance with a community broadcasting licence referred to in subsection 6(2) is taken to have been granted, on the commencement of this Act, under section 102 of the Radcom Act to the incorporated body referred to in that subsection.

           (10)  The Minister may, by notice in writing given to the holder of a transmitter licence referred to in subsection (1), (3) or (5):

                     (a)  impose one or more further conditions to which the licence is subject; or

                     (b)  revoke or vary any condition of the licence, other than the condition specified in paragraph 7(b) or 8(b).

           (11)  The Minister must not impose a condition which is inconsistent with the new Act or with a condition of the relevant licence or class licence under that Act.

           (12)  A transmitter licence referred to in subsection (1) or (9):

                     (a)  subject to paragraph (b), continues in force while the related licence remains in force; and

                     (b)  does not have effect while the related licence is suspended; and

                     (c)  upon the transfer of the related licence, is taken to be granted to the person to whom the related licence is transferred.

           (13)  Subject to any action taken under the Radcom Act:

                     (a)  a transmitter licence referred to in subsection (3) remains in force for the remainder of the former term of the former limited licence; and

                     (b)  a transmitter licence referred to in subsection (5) remains in force for the remainder of the former term of the former retransmission permit.

           (14)  For the purposes of the application of this section to a licence referred to in subsection 5(3), any specifications in force in relation to that licence under the Broadcasting Act are taken to be a licence warrant granted under that Act.

           (15)  Subsections (1), (3), (5) and (9) do not apply in relation to an instrument that is no longer in force immediately before 1 July 1993.