Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p41
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 101985–104711

the powers or authorities granted by the licence, this Act applies as if every reference in this Act (except in subsection (3)) to a licensee or to the holder of a licence included a reference to that person.
"(3) The performance by the licensee or the other person referred to in subsection (2) of an obligation imposed upon the licensee by the licence or by this Act shall, to the extent of that performance, be deemed to release both the licensee and that person from the obligation.".
(2) Where the Tribunal had, before the commencement of this subsection, given a consent under section 89a of the Principal Act, the consent has effect, after the commencement of this subsection, as if it had been given:

     (a) where the consent relates to a commercial licence—under section 89a of the amended Act;
     (b) where the consent relates to a supplementary radio licence—under section 89b of the amended Act;
     (c) where the consent relates to a public licence—under section 89c of the amended Act; or
     (d) where the consent relates to a remote licence—under section 89ca of the amended Act.
(3) In subsection (2):
     "amended Act" means the Principal Act as amended by subsection (1).

Licence warrants
35. Section 89d of the Principal Act is amended:
     (a) by omitting subsections (1) and (2);
     (b) by omitting from subsection (3) "Upon the grant of the licence, the Minister shall grant to the licensee" and substituting "Where the Tribunal has determined that a licence should be granted to a person, the Minister shall grant the person";
     (c) by inserting after subsection (3) the following subsections:
    "(3a) Technical conditions specified under subsection (3) may include conditions that are to be applicable only in specified circumstances.
    "(3b) If, at the time when the licence warrant is granted, the licence itself has not been granted, the licence warrant has effect from the time when the licence is granted.".

36. After section 89d of the Principal Act the following heading and sections are inserted:

"Division 2—Retransmission permits and temporary transmission permits

Retransmission permits
"89da. (1) A person may apply to the Minister for the grant of a permit under this section.
"(2) The reference in subsection (1) to the grant of a permit includes a reference to the grant of a permit by way of renewal.
"(3) The application must be made in the form approved by the Minister.
"(4) A permit under this section shall only be granted to a corporation that is formed within the limits of the Commonwealth or a Territory.
"(5) Where a person (who may be a licensee) applies for a permit under this section, the Minister may grant the person:
     (a) a permit authorising