Commonwealth Consolidated Acts

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 - SECT 9

             (1)  The conditions applicable to a licence to which subsection 5(1) applies are:

                     (a)  the conditions applicable to the licence under Schedule 2 of the new Act and any additional conditions imposed by the ABA under the new Act; and

                     (b)  in the case of a former public radio licence to which a matter referred to in paragraph (a) of the definition of service specification in subsection 4(1) of the Broadcasting Act applied immediately before the commencement of this Act—a condition that the licensee will comply with that matter; and

                     (c)  if:

                              (i)  the Tribunal had, under section 81 or 85 of the Broadcasting Act, imposed or varied a condition on the former licence; and

                             (ii)  that condition applied to the former licence immediately before the commencement of this Act; and

                            (iii)  that condition is not inconsistent with the new Act or with an additional condition imposed by the ABA under the new Act;

                            a condition that the licensee will comply with that condition; and

                     (d)  if the Minister had approved an implementation plan in relation to the licence under section 94N or 94P of the Broadcasting Act and that plan was in force immediately before the commencement of this Act—a condition that the licensee will comply with the plan as in force at that time.

             (2)  A condition referred to in paragraph (1)(b) or (c) is, for the purposes of the new Act, taken to be a condition determined in writing by the ABA under that Act.

             (3)  The Minister may vary the condition referred to in paragraph (1)(d) in the same manner as the Minister could have varied the implementation plan under section 94Q of the Broadcasting Act.