Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 121FLD

Effect of nominated broadcaster declaration

                   If:

                     (a)  a nominated broadcaster declaration is in force in relation to an international broadcasting service; and

                     (b)  the provision of the international broadcasting service is authorised by an international broadcasting licence; and

                     (c)  the holder of the declaration is the licensee of a transmitter licence that authorises the operation of a transmitter for transmitting the international broadcasting service; and

                     (d)  the licensee of the transmitter licence transmits the international broadcasting service on behalf of the licensee of the international broadcasting licence;

then:

                     (e)  for the purposes of the Radiocommunications Act 1992 , the licensee of the international broadcasting licence is taken not to operate the radiocommunications transmitter for any purpose in connection with that transmission; and

                      (f)  for the purposes of this Act:

                              (i)  the licensee of the international broadcasting licence is taken to provide the international broadcasting service; and

                             (ii)  the licensee of the transmitter licence is taken not to provide the international broadcasting service; and

                     (g)  for the purposes of this Act, any programs that are transmitted by the licensee of the transmitter licence on behalf of the licensee of the international broadcasting licence:

                              (i)  are taken to be programs transmitted by the licensee of the international broadcasting licence; and

                             (ii)  are not taken to be programs transmitted by the licensee of the transmitter licence; and

                     (h)  for the purposes of this Part (other than section 121FLG), the ACMA is taken to have given a written notice to the licensee of the international broadcasting licence if the ACMA gives the notice to the licensee of the transmitter licence.



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