Document ID: chunk:federal_register_of_legislation:F2006B00135:body:0:p1
Version: federal_register_of_legislation:F2006B00135
Segment Type: other
Provision Reference: 
Character Range: 0–3114

COMMONWEALTH OF AUSTRALIA

Australian Communications Authority Act 1997

AUSTRALIAN COMMUNICATIONS AUTHORITY (LPON TRANSMITTER LICENCES) DIRECTION NO. 2 OF 2000

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, give the following Direction to the Australian Communications Authority under subsection 12(1) of the Australian Communications Authority Act 1997.

Dated 20 December 2000

RICHARD ALSTON

Minister for Communications, Information Technology and the Arts

1. Name of Direction

This Direction may be cited as the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000.

2. Commencement

This Direction commences on 1 March 2001.

3. Definitions

In this Direction:

apparatus licence has the same meaning as in the Radiocommunications Act 1992.

associate in relation to a person, means:

    (a) for a body corporate:

       (i) a director or secretary of the body; or

       (ii) a related body corporate; or

            (iii)       a director or secretary of a related body corporate; or

            (iv)        a business partner of the body; or

           (v) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or

    (b) for an individual:

       (i) a business partner of the individual; or

           (ii) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or

       (iii) a body corporate of which the individual is a director or secretary; or

           (iv) a body corporate that is related to a body corporate of which the individual is a director or secretary.

authorised person means a person authorised by the licensee under section 114 of the Radiocommunciations Act 1992 to operate the radiocommunications devices under the licence.

licensee has the same meaning as in the Radiocommunications Act 1992.

low power open narrowcasting service means an open narrowcasting service operated under a transmitter licence which authorises the operation of a transmitter at:

       (a) a carrier frequency within the range 87.5 to 88.0 MHz (inclusive); and

    (b) a maximum power which does not exceed:

       (i) if the transmitter is operated in a residential area – 1 watt;

       (ii) if the transmitter is operated in a non-residential area – 10 watts.

open narrowcasting service has the same meaning as in the Broadcasting Services Act 1992.

related body corporate has the meaning given by the Corporations Law.

relative in relation to a person, means any of the following, namely:

       (a)          the person's:

           (i)            spouse; or

           (ii)         parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child; or

       (b)          the spouse of any person specified in subparagraph (a)(ii).

spouse in relation to a person, includes a person who, although not legally married to the individual, lives with the