Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_144:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 144 (pt 1/2)
Character Range: 182776–185366

144  Transitional—validation of digital channel plans

(1) If, before the commencement of this item, the ABA purported to make a scheme under clause 6 of Schedule 4 to the Broadcasting Services Act 1992 that included provisions relating directly or indirectly to digital channel plans:
 (a) those provisions are as valid, and are taken to have been as valid, as they would have been; and
 (b) anything done under those provisions (including the making or variation of a digital channel plan) is as valid, and is taken to have been as valid, as it would have been; and
 (c) anything done under a digital channel plan is as valid, and is taken to have been as valid, as it would have been;
if clause 7A of Schedule 4 to the Broadcasting Services Act 1992 had:
 (d) been in force at the time the scheme was made; and
 (e) contained an additional subclause that authorised the scheme to provide that a digital channel plan may deal with the allotment of channels to national broadcasters.

(2) If, before the commencement of this item, the ABA purported to make a scheme under clause 19 of Schedule 4 to the Broadcasting Services Act 1992 that included provisions relating directly or indirectly to digital channel plans:
 (a) those provisions are as valid, and are taken to have been as valid, as they would have been; and
 (b) anything done under those provisions (including the making, adoption or variation of a digital channel plan) is as valid, and is taken to have been as valid, as it would have been; and
 (c) anything done under a digital channel plan is as valid, and is taken to have been as valid, as it would have been;
if:
 (d) clause 22A of Schedule 4 to the Broadcasting Services Act 1992 had been in force at the time the scheme was made; and
 (e) clause 7A of Schedule 4 to the Broadcasting Services Act 1992 had:
 (i) been in force at the time the commercial television conversion scheme was made; and
 (ii) contained an additional subclause that authorised the commercial television conversion scheme to provide that a digital channel plan may deal with the allotment of channels to national broadcasters.

(3) Section 13 of the National Television Conversion Scheme 1999 has effect, and is taken to have had effect, as if the reference in that section to a digital channel plan made by the ABA under subsection 12(1) of the Commercial Television Conversion Scheme 1999 were, by express words, confined to so much of the digital channel plan as relates to national broadcasters.

(4) A notice published in the Gazette on 16 February 2000 purporting to be in accordance with