Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_46
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 46
Character Range: 159016–160205

46  Effect of nominated datacaster declaration

  If:
 (a) a nominated datacaster declaration is in force; and
 (b) the licensee of the datacasting transmitter licence transmits the datacasting service on behalf of the licensee of the datacasting licence;
then:
 (c) for the purposes of the Radiocommunications Act 1992, the licensee of the datacasting licence is taken not to operate the radiocommunications transmitter for any purpose in connection with that transmission; and
 (d) for the purposes of this Act:
 (i) the licensee of the datacasting licence is taken to provide the datacasting service; and
 (ii) the licensee of the datacasting transmitter licence is taken not to provide the datacasting service; and
 (e) for the purposes of this Act (other than Schedule 1 or clause 60 of this Schedule) and the Tobacco Advertising Prohibition Act 1992, any content that is transmitted by the licensee of the datacasting transmitter licence on behalf of the licensee of the datacasting licence:
 (i) is taken to be content transmitted by the licensee of the datacasting licence; and
 (ii) is not taken to be content transmitted by the licensee of the datacasting transmitter licence.