Commonwealth Numbered Acts

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 136, 1983 - SCHEDULE

                                    SCHEDULE                         Section 3

CONSEQUENTAL AMENDMENTS
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Acts                          Amendments

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Australian Shipping           Schedule -

Commission Act 1956           Omit "Wireless Telegraphy Act 1905-1950"

Broadcasting and Television   After Part I, insert the following Part:

Act 1942                      "PART IA - PROHIBITION OF UNAUTHORIZED OPERATION

OF TRANSMITTERS FOR BROADCASTING AND
TELEVISION
Unauthorized operation of certain transmitters
prohibited

"6A. (1) A person shall not, without reasonable
excuse, operate a radiocommunications transmitter
for the purpose of the transmission to the general
public of broadcasting programs or television
programs except as authorized by or under this Act
or the Australian Broadcasting Corporation Act 
1983 .

"(2) Without limiting the generality of the
expression 'reasonable excuse' in sub-section (1),
it is a reasonable excuse if a person operated a
radiocommunications transmitter in the honest
belief that that operation was reasonably
necessary for the purpose of -

   (a)  securing the safety of a vessel or aircraft
that was in danger;

   (b)  dealing with an emergency involving a serious
threat to the environment; or

   (c)  dealing with an emergency involving risk of
death of, or injury to, persons, or risk of
substantial loss of, or substantial damage to,
property.

"(3) The Radiocommunications Act 1983 applies in
relation to an offence against sub-section (1) by
virtue of sub-section 132 (1) (in this sub-section
referred to as a 'relevant offence') as if a
reference in that Act (other than section 83)
to an offence against that Act were a reference to
a relevant offence.

"(4) An expression used in this section and in the
Radiocommunications Act 1983 has the same meaning
in this section as in that Act.".
Sections 89D and 112 -
Repeal the sections.
Sub-section 126 (7) -
Omit "Wireless Telegraphy Act 1905", substitute

" Radiocommunications Act 1983".
Section 130 -
Repeal the section.
Sub-section 134(1) -

(1) Add at the end of paragraph (c) "and".

(2) Omit from paragraph (d) "and" (last
occurring).

(3) Omit paragraph (e). Copyright Act 1968 . . . . . .Section 10 -
Omit from sub-section (1) the definition of

"holder of a wireless telegraphy licence".
Section 91 -
Omit from sub-paragraphs (a) (iii) and (b) (iii)

"holder of a wireless telegraphy licence",
substitute "holder of a transmitter licence or a
temporary permit in force under the
Radiocommunications Act 1983". Crimes Act 1914 . . . . . . . Section 30FB -
Repeal the section. Navigation Act 1912 . . . . . Section 269A -

(1) Omit from sub-section (2) "Every person in
charge of a wireless telegraph station which is
within the jurisdiction of the Commonwealth
(including a station in a Territory), or which is
established or installed under licence granted
under the Wireless
Telegraphy Act 1905-1919", substitute "A person in
charge of a radiocommunications transmitter that
is within the jurisdiction of the Commonwealth
(including a transmitter in a Territory) or that
is operating by virtue of a transmitter licence or
a temporary permit granted under the
Radiocommunications Act 1983"

(2) Omit sub-section (3).
Overseas Telecommunications   Section 34 -

Act 1946                      Omit from paragraph (c) "in pursuance of the

Wireless Telegraphy Act 1905-1936", substitute

"under the Radiocommunications Act 1983"
Section 42 -
Repeal the section, substitute the following
section:
Limitation of powers and application of
Radiocommunications and Telecommunications Acts
and regulations

"42. Nothing in this Act shall be construed to
confer on the Commission any powers which, for the
time being, are exercisable by the Minister for
the time being administering the
Radiocommunications Act 1983 and the
Telecommunications Act 1975 and the regulations
under those Acts (not being powers that the
Commission may exercise in pursuance of a licence,
permission or approval granted or given under
those Acts or regulations), and those Acts and
regulations shall, so far as applicable, apply to
and in relation to the Commission in like manner
as they apply to and in relation to other
persons.".
Section 74 -
Omit from sub-section (1) "Wireless Telegraphy Act
1905-1936 all licences, permits or approvals",
substitute " Radiocommunications Act 1983 all
licences".
Section 79 -
Omit "Wireless Telegraphy Act 1905-1973" (wherever
occurring), substitute " Radiocommunications Act 
1983 ".
Sales Tax (Exemptions and     First Schedule -

Classifications) Act 1935     Omit from sub-item 81 (2) "Wireless Telegraphy

Regulations", substitute Radiocommunications Act 
1983 ".
Telecommunications Act        Sub-section 3 (1) -

1975                          (1) After the definition of "part-time

Commissioner", insert the following definitions:

"'radiocommunication' and 'radiocommunications
transmitter' have the same respective meanings as
they have in the Radiocommunications Act 1983;
'receiver' has the same meaning as in the
Radiocommunications Act 1983;".

(2) Omit the definition of "Wireless Telegraphy
Act".
Section 8 -
Repeal the section, substitute the following
section:
Radiocommunications

"8. Nothing in this Act shall be taken to
authorize the Commission to do anything that, if
done by any other person, would be in
contravention of the Radiocommunications Act 
1983 .".
Sub-section 13 (1) -
Omit from paragraphs (a) and (b) "transmitting or
receiving messages by means of wireless
telegraphy", substitute "radiocommunications".
Section 94 -

(1) Omit paragraph (2) (d).

(2) Insert after sub-section (2) the following
sub-section:

"(2A) Sub-section (1) does not apply to the
erection, maintenance or operation of a
telecommunications installation, being a receiver
or a radiocommunications transmitter.".
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