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BROADCASTING SERVICES ACT 1992 - SECT 121FLD

Effect of nominated broadcaster declaration

    If:

  (a)   a nominated broadcaster declaration is in force in relation to an international broadcasting service; and

  (b)   the provision of the international broadcasting service is authorised by an international broadcasting licence; and

  (c)   the holder of the declaration is the licensee of a transmitter licence that authorises the operation of a transmitter for transmitting the international broadcasting service; and

  (d)   the licensee of the transmitter licence transmits the international broadcasting service on behalf of the licensee of the international broadcasting licence;

then:

  (e)   for the purposes of the Radiocommunications Act 1992 , the licensee of the international broadcasting licence is taken not to operate the radiocommunications transmitter for any purpose in connection with that transmission; and

  (f)   for the purposes of this Act:

  (i)   the licensee of the international broadcasting licence is taken to provide the international broadcasting service; and

  (ii)   the licensee of the transmitter licence is taken not to provide the international broadcasting service; and

  (g)   for the purposes of this Act, any programs that are transmitted by the licensee of the transmitter licence on behalf of the licensee of the international broadcasting licence:

  (i)   are taken to be programs transmitted by the licensee of the international broadcasting licence; and

  (ii)   are not taken to be programs transmitted by the licensee of the transmitter licence; and

  (h)   for the purposes of this Part (other than section   121FLG), the ACMA is taken to have given a written notice to the licensee of the international broadcasting licence if the ACMA gives the notice to the licensee of the transmitter licence.



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