Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p54
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 132199–135233

of national interest
39. Section 104 of the Principal Act is amended by inserting "given by telegram or otherwise" after "notice".

Commercial broadcasting translator station licences
40. Section 105ad of the Principal Act is amended—
     (a) by omitting from sub-section (2) "sub-sections (2a) and (3)" and substituting "this section"; and
     (b) by omitting sub-section (7) and substituting the following sub-sections:

    "(5) Sub-sections (2) and (4) do not apply in relation to the grant or renewal of a licence for a commercial broadcasting translator station for the sole purpose of the re-transmission of the programs of a specified supplementary broadcasting station or specified supplementary broadcasting stations.
    "(6) One of the conditions of the licence for a commercial broadcasting translator station shall be that the station is operated only for the reception and re-transmission, without alteration, of the programs of any one or more of the following:
         (a) a specified commercial broadcasting station;
         (b) a specified supplementary broadcasting station;
         (c) specified commercial broadcasting stations;
         (d) specified supplementary broadcasting stations.".
41. After Division 5b of Part IV of the Principal Act the following Division is inserted:

"Division 5c—Supplementary Licences

Interpretation
"105m. Except in so far as the contrary intention appears, an expression that is used in this Division and in Part IIIB has, in this Division, the same meaning as in that Part.

Application of Division
     "105n. This Division applies to a supplementary licence.

Application of Act
"105p. (1) The provisions of this Act apply, except in so far as the contrary intention appears and with such exceptions and subject to such modifications and adaptations as are prescribed, in relation to supplementary broadcasting stations, supplementary licences and the holders of such licences as they apply in relation to commercial broadcasting stations, licences for commercial broadcasting stations and the holders of such licences.
"(2) Nothing in sub-section (1) enables regulations to be made that would affect the application of any provision of this Act to the extent that it requires the holding of an inquiry.

Use of facilities of commercial stations by supplementary licensees
"105q. For the purposes of this Act, the holder of a supplementary licence shall not be taken not to operate a broadcasting station by virtue of the licence by reason only that any or all of the facilities (other than the transmitter) of a commercial broadcasting station are used in the provision of a broadcasting service in pursuance of the licence.

Programs of supplementary stations
"105r. (1) The holder of a supplementary licence may, with the approval of the Tribunal, but not otherwise—
     (a) regularly broadcast from the supplementary broadcasting station programs of a broadcasting station operated by virtue of a related commercial licence; or
     (b) make arrangements for the