Document ID: chunk:federal_register_of_legislation:F2025C00141:body:0:p3
Version: federal_register_of_legislation:F2025C00141
Segment Type: other
Provision Reference: 
Character Range: 5856–8929

(b) there is no international broadcasting licence in force that authorises the provision of that service.

       (4) For paragraph 115 (c) of the Act, the ABC or the SBS, as licensee of an apparatus licence providing a broadcasting service to locations outside Australia, must not authorise another person to operate a radiocommunications device under the licence if:
               (a) the person intends to provide an international broadcasting service using the device; or
               (b) the person intends to provide a broadcasting service within Australia using the device.

       (5) For paragraph 115 (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate a radiocommunications device under the licence if:
               (a) the licence authorises the licensee to operate a radiocommunications device that is used in the provision of an exempt broadcasting service; and
               (b) the person intends to use the device for a purpose other than the provision of an exempt broadcasting service.

      6 Circumstances in which apparatus licences are not transferable (paragraph 131AC(b) of the Act)

       (1) For paragraph 131AC (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:
               (a) the licensee is an exempt person; and
               (b) the proposed transferee is not an exempt person.

       (2) For paragraph 131AC (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:
               (a) the licensee is an eligible person; and
               (b) the proposed transferee is not:
                  (i) an eligible person; or
                  (ii) an exempt person.

       (3) For paragraph 131AC (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:
               (a) the licence authorises the operation of a radiocommunications device for the provision of an international broadcasting service; and
               (b) there is no international broadcasting licence in force that authorises the provision of that service.

       (4) For paragraph 131AC (b) of the Act, an apparatus licence that authorises the ABC or the SBS to operate a radiocommunications device to provide a broadcasting service to locations outside Australia is not transferable under Division 8 of Part 3.3 of the Act if:
               (a) the proposed transferee intends to operate a radiocommunications device under the licence to provide an international broadcasting service; or
               (b) the proposed transferee intends to operate a radiocommunications device under the licence to provide a broadcasting service within Australia.

       (5) For paragraph 131AC (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:
               (a) the licence authorises the licensee to operate a radiocommunications device that is used in an exempt broadcasting service; and
               (b) the proposed transferee