Document ID: chunk:federal_register_of_legislation:C2004A01057:clause:2_12:p1
Version: federal_register_of_legislation:C2004A01057
Segment Type: clause
Provision Reference: sch 2 cl 12 (pt 1/2)
Character Range: 11836–14664

12  Transitional provision relating to items 6 and 7

(1) After the commencement of this Act, the code of practice (the existing code) that was, immediately before the commencement of this Act:
 (a) applicable to the broadcasting operations of all community radio broadcasting licensees; and
 (b) included in the Register of codes of practice under section 123 of the Broadcasting Services Act 1992;
continues to be applicable to the broadcasting operations of each community radio broadcasting licensee until it ceases to be applicable to that licensee under subitem (2) or (3).

(2) The existing code ceases to be applicable to the broadcasting operations of community radio broadcasting licensees whose services are not targeted, to a significant extent, to one or more remote Indigenous communities when the earlier of the following occurs:
 (a) a code of practice applicable only to those licensees is first included in the Register of codes of practice;
 (b) a replacement code of practice (see subitem (7)) is first included in the Register of codes of practice.

(3) The existing code ceases to be applicable to the broadcasting operations of community radio broadcasting licensees whose services are targeted, to a significant extent, to one or more remote Indigenous communities when the earlier of the following occurs:
 (a) a code of practice applicable only to those licensees is first included in the Register of codes of practice;
 (b) a replacement code of practice (see subitem (7)) is first included in the Register of codes of practice.

(4) If a replacement code of practice is included in the Register of codes of practice, the replacement code of practice is applicable to all community radio broadcasting licensees as if the amendments made by items 6 and 7 had not been made.

(5) The replacement code of practice continues to be applicable to the broadcasting operations of community radio broadcasting licensees whose services are not targeted, to a significant extent, to one or more remote Indigenous communities until a code of practice applicable only to those licensees is first included in the Register of codes of practice.

(6) The replacement code of practice continues to be applicable to the broadcasting operations of community radio broadcasting licensees whose services are targeted, to a significant extent, to one or more remote Indigenous communities until a code of practice applicable only to those licensees is first included in the Register of codes of practice.

(7) In this item:
replacement code of practice, means a code of practice:
 (a) developed under section 123 of the Broadcasting Services Act 1992, either before or after the commencement of this Act, which is applicable to the broadcasting operations of all community radio broadcasting licensees; and
 (b) included in