Document ID: chunk:federal_register_of_legislation:C2004A00765:clause:1_36
Version: federal_register_of_legislation:C2004A00765
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 45541–47359

36  Transitional—existing providers of international broadcasting services

(1) If a person was providing an international broadcasting service immediately before the commencement of this item, sections 121FG and 121FH of the Broadcasting Services Act 1992 and paragraph 108(2)(da) of the Radiocommunications Act 1992 do not apply to the provision of the service by the person at any time during the period:
 (a) beginning at the commencement of this item; and
 (b) ending at whichever of the following times is applicable:
 (i) if the person does not apply for an international broadcasting licence for the service within 30 days after the commencement of this item—the end of 30 days after the commencement of this item;
 (ii) if the person applies for an international broadcasting licence for the service within 30 days after the commencement of this item, but an international broadcasting licence is not allocated to the person—the time when the person receives the relevant notification under subsection 121FB(3) or (7) or 121FD(6) of the Broadcasting Services Act 1992;
 (iii) if the person applies for an international broadcasting licence for the service within 30 days after the commencement of this item and such a licence is allocated to the person—the time when the licence is allocated.

(1A) For the purposes of subitem (1), if an application for an international broadcasting licence is made on behalf of a person (the content provider) under subsection 121FA(1A) of the Broadcasting Services Act 1992, the content provider is taken to have made the application.

(2) If a person was providing an international broadcasting service immediately before the commencement of this item, sections 121FB and 121FD of the Broadcasting Services Act 1992 have effect as if the service were a proposed service.