Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"AAT" means the Administrative Appeals Tribunal.
"ACCC" means the Australian Competition and Consumer Commission.
"ACMA" means the Australian Communications and Media Authority.
"advisory guideline" means an advisory guideline made under section 262.
"aircraft" includes a balloon.
"apparatus licence" means an apparatus licence issued under Part 3.3.
"apparatus licence tax" means a tax imposed under the Radiocommunications (Receiver Licence Tax) Act 1983 or the Radiocommunications (Transmitter Licence Tax) Act 1983 .
"apply" , in relation to a label, has a meaning affected by section 9A.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian aircraft" means an aircraft that is in Australian control or is registered in accordance with the Civil Aviation Regulations as an Australian aircraft.
"Australian space object" means a space object that the ACMA determines in writing to be an Australian space object for the purposes of this Act. A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
"Australian vessel" means a vessel that is in Australian control or:
(a) not being an air‑cushion vehicle--is an Australian boat within the meaning of the Fisheries Management Act 1991 ; or
(b) being an air‑cushion vehicle--would be an Australian boat within the meaning of that Act if it were a boat within the meaning of that Act.
"authority" , in relation to the Commonwealth, a State or a Territory, means:
(a) a Department; or
(b) a body (whether incorporated or unincorporated) established for a public purpose by or under the law of the Commonwealth, the State or the Territory, as the case may be; or
(c) any other body corporate in which:
(i) the Commonwealth, the State or the Territory, as the case may be; or
(ii) a body corporate referred to in paragraph (b);
has a controlling interest.
"broadcasting services bands licence" has the same meaning as in the Broadcasting Services Act 1992 .
"broadcasting station" means a transmitter that is operating for the purposes of:
(a) a broadcasting services bands licence; or
(b) the provision of a national broadcasting service within the meaning of the Broadcasting Services Act 1992 .
(a) sections 54A and 56A of the Broadcasting Services Act 1992 ; and
(b) clause 41 of Schedule 6 to the Broadcasting Services Act 1992 .
"BSA datacasting licence" means a datacasting licence under Schedule 6 to the Broadcasting Services Act 1992 .
"BSA exempt re-transmission service" means a service that, under subsection 212(1) of the Broadcasting Services Act 1992 , is exempt from the regulatory regime established by that Act.
"BSA licence area" means licence area within the meaning of the Broadcasting Services Act 1992 .
category 1 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting any or all of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services;
(c) one or more restricted datacasting services.
category 2 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting any or all of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services;
(c) one or more digital national radio broadcasting services;
(d) one or more restricted datacasting services.
category 3 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting either or both of the following services in a designated BSA radio area:
(a) one or more digital national radio broadcasting services;
(b) one or more restricted datacasting services, where each relevant restricted datacasting licence is held by a national broadcaster.
(i) a certificate of proficiency; or
(ii) a compliance certificate; or
(iii) a frequency assignment certificate referred to in subsection 100(4A); or
(iv) any other kind of certificate that may be issued under this Act.
"certificate of proficiency" means a certificate of proficiency issued under section 121.
"change" , in relation to information in the Register, means any one or more of the following:
(a) the addition of matter to the information;
(b) the alteration of matter included in the information;
(c) the deletion of matter from the information.
"channel A datacasting transmitter licence" has the meaning given by section 98A.
"channel B datacasting transmitter licence" has the meaning given by section 98B.
"class licence" means a class licence issued under Part 3.4.
"commercial broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"commercial radio broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"commercial television broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"community television broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
(a) a Minister; or
(b) a person who, whether on a full‑time or a part‑time basis, and whether in a permanent capacity or otherwise:
(i) is in the service or employment of the Commonwealth, the Administration of a Territory or an authority of the Commonwealth; or
(ii) holds or performs the duties of any office or position established by or under a law of the Commonwealth or a Territory; or
(c) a member of the Defence Force; or
(d) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ); or
(e) a member of the police force of a Territory.
"community broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"conciliator" means a person appointed under section 202.
"conciliator's report" means a report by a conciliator under section 208.
"conversion plan" means a plan prepared under section 38.
"core condition" means a condition included in a spectrum licence under section 66.
"datacasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"datacasting transmitter licence" means a transmitter licence for a transmitter that is for use for transmitting a datacasting service, but does not include:
(a) a transmitter licence issued under section 101B, 101C, 102 or 102A; or
(aa) a digital radio multiplex transmitter licence; or
(b) an NBS transmitter licence; or
(c) a prescribed transmitter licence.
"datacasting transmitter licence fee" means a fee imposed under the Datacasting Transmitter Licence Fees Act 2006 .
(a) in relation to the Commonwealth--an Agency within the meaning of the Public Service Act 1999 ; or
(b) in relation to a State or Territory--a body that, in relation to that State or Territory, is a body of such a kind.
"designated BSA radio area" means:
(a) the BSA licence area of a commercial radio broadcasting licence; or
(b) the BSA licence area of a community radio broadcasting licence, where that BSA licence area is the same as the BSA licence area of a commercial radio broadcasting licence.
Note: See also section 8AD of the Broadcasting Services Act 1992 , which deals with deemed radio broadcasting licence areas.
"designated community radio broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"designated teletext service" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"device" has the meaning given in subsection 9(1).
"digital commercial radio broadcasting licence" means a commercial radio broadcasting licence that authorises the provision of one or more digital commercial radio broadcasting services.
"digital commercial radio broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"digital community radio broadcasting licence" means a designated community radio broadcasting licence that authorises the provision of one or more digital community radio broadcasting services.
"digital community radio broadcasting representative company" , in relation to a designated BSA radio area, has the meaning given by section 9C.
"digital community radio broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"digital national radio broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"digital radio channel plan" means a plan under section 44A.
"digital radio moratorium period" has the same meaning as in the Broadcasting Services Act 1992 .
"digital radio multiplex transmitter licence" means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence; or
(c) a category 3 digital radio multiplex transmitter licence.
"digital radio start-up day" has the same meaning as in the Broadcasting Services Act 1992 .
"disputed conduct" means conduct (including any act and any refusal or omission to act) of a kind referred to in paragraph 205(1)(a).
"domestic digital television receiver" means domestic reception equipment that:
(a) is not a hand‑held device; and
(b) is capable of receiving television programs transmitted in:
(i) SDTV digital mode; or
(ii) HDTV digital mode; and
(c) has such other characteristics (if any) as are specified in a legislative instrument made by the ACMA under this paragraph.
For the purposes of paragraph (b), disregard clause 6 of Schedule 6 to the Broadcasting Services Act 1992 .
"EMC standard" means a standard made solely for the purposes of either or both of the following:
(a) paragraph 162(3)(b);
(b) paragraph 162(3)(e).
"environment" means the physical environment.
"Federal Court" means the Federal Court of Australia.
"foreign aircraft" means an aircraft that is not an Australian aircraft.
"foreign space object" means a space object that is not an Australian space object.
"foreign vessel" means a vessel that is not an Australian vessel.
foundation category 1 digital radio multiplex transmitter licence has the meaning given by section 98C.
foundation category 2 digital radio multiplex transmitter licence has the meaning given by section 98D.
"foundation digital radio multiplex transmitter licence" means:
(a) a foundation category 1 digital radio multiplex transmitter licence; or
(b) a foundation category 2 digital radio multiplex transmitter licence.
"frequency band" means any contiguous range of radio frequencies.
"frequency band plan" means a plan prepared under section 32.
"HDTV digital mode" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"import" means import into Australia.
"in Australian control" means in the control or possession of one or more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(b) an authority of the Commonwealth;
(c) an authority of a State;
(d) an authority of a Territory.
"incumbent digital commercial radio broadcasting licensee" has the meaning given by subsection 9D(1).
"incumbent digital community radio broadcasting licensee" has the meaning given by subsection 9D(2).
"inspector" has the meaning given in section 267.
(a) in relation to radiocommunications--interference to, or with, radiocommunications that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by a device; or
(b) in relation to the uses or functions of devices--interference to, or with, those uses or functions that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by a device.
"international broadcasting licence" means an international broadcasting licence under the Broadcasting Services Act 1992 .
"international broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"label" has a meaning affected by section 9A.
"licence" means a spectrum licence, an apparatus licence or a class licence.
(a) in relation to a spectrum licence--the person specified in the licence as the licensee, whether the licence was originally issued to that person or subsequently assigned to him or her; or
(b) in relation to an apparatus licence--the person who holds the licence;
and, in Part 2 of the Schedule, includes the person from whom the spectrum licence in question, or the part of the spectrum licence in question, was resumed.
"marketing plan" means a plan prepared under section 39 or 39A.
"member" , in relation to the Australian Federal Police, includes a special member of the Australian Federal Police.
"member of the crew" , in relation to an vessel, aircraft or space object, includes the person in charge of the vessel, aircraft or space object.
"national broadcaster" has the same meaning as in the Broadcasting Services Act 1992 .
"national broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"NBS transmitter licence" means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service, but does not include a digital radio multiplex transmitter licence.
"newspaper" means a newspaper that is in the English language and is published on at least 4 days in each week, but does not include a publication if less than 50% of its circulation is by way of sale.
"non-foundation digital radio multiplex transmitter licence" means a digital radio multiplex transmitter licence that is not a foundation digital radio multiplex transmitter licence.
"non-standard device" has the meaning given in subsection 9(2).
"non-standard transmitter" has the meaning given in subsection 9(3).
"open narrowcasting television service" has the same meaning as in the Broadcasting Services Act 1992 .
"part" , in relation to a spectrum licence, means:
(a) a specified portion of the frequencies at which operation of radiocommunications devices is authorised under the licence; or
(b) a specified portion of the area within which operation of radiocommunications devices is so authorised; or
(c) a specified portion of the frequencies at which operation of radiocommunications devices is so authorised in a specified portion of the area within which operation of radiocommunications devices is so authorised.
"period of emergency" means a period declared to be a period of emergency under subsection 219(1).
"permit" means a permit issued under section 167.
"pre-acquisition declaration means a declaration published in the Gazette" under clause 1 of Part 1 of the Schedule.
"provisional international broadcasting certificate" means a provisional international broadcasting certificate issued under section 131AF.
"public or community service" has the meaning given in section 10.
"qualified company" means a company that:
(a) is formed in Australia; and
(b) has a share capital.
"qualified operator" means a person who holds a certificate of proficiency.
"radiocommunication" has the meaning given in section 6.
"radiocommunications device" has the meaning given in subsection 7(1).
"radiocommunications receiver" has the meaning given in subsection 7(3).
"radiocommunications transmitter" has the meaning given in subsection 7(2).
"radio emission" has the meaning given in subsection 8(1).
"re-allocation deadline" , in relation to a spectrum re-allocation declaration, has the meaning given by section 153B.
"re-allocation period" , in relation to a spectrum re-allocation declaration, has the meaning given by section 153B.
"receiver licence" means an apparatus licence of the kind referred to in subsection 97(3).
"reception" , in relation to radio emission, includes interception.
"Register" , except in section 183, means the Register of Radiocommunications Licences established under section 143.
"restricted datacasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"restricted datacasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"restrictive order" means an order made under subsection 222(1).
"resumption notice means a notice published in the Gazette" under clause 3 of Part 1 of the Schedule.
"SDTV digital mode" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"space object" means an object (whether artificial or natural) that is beyond, has been beyond or is intended to go beyond the major portion of the Earth's atmosphere, or any part of such an object, even if the part is intended to go only some of the way towards leaving the major portion of the Earth's atmosphere.
Note: Under section 10A, the ACMA may determine that a particular object is not a space object for the purposes of this Act.
"spectrum" means the range of frequencies within which radiocommunications are capable of being made.
"spectrum access charge" means a spectrum access charge fixed under section 294.
"spectrum licence" means a spectrum licence issued under Part 3.2.
"spectrum licence tax" means a tax imposed under the Radiocommunications (Spectrum Licence Tax) Act 1997 .
(a) in relation to a time before the first plan prepared under section 30 comes into effect--the last plan prepared under section 18 of the Radiocommunications Act 1983 ; and
(b) in relation to a time after the first plan prepared under section 30 comes into effect--a plan prepared under section 30.
"spectrum re-allocation declaration" means a declaration under section 153B.
"standard" means a standard made under section 162.
"State officer" means a person who, whether on a full-time basis or a part-time basis, and whether in a permanent capacity or otherwise:
(a) is in the service or employment of a State or an authority of a State; or
(b) holds or performs the duties of any office or position established by or under a law of a State;
and includes a member of the police force of a State.
"subscription television broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"supply" includes supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase.
"television program" includes so much of a television program as consists only of sounds or images.
"temporary community broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"this Act" includes the regulations.
"transmitter" has the meaning given in subsection 8(2).
"transmitter licence" means an apparatus licence of the kind referred to in subsection 97(2).
"vessel" means a vessel or boat of any description, and includes:
(a) an air‑cushion vehicle; and
(b) any floating structure.
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