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NATIONAL TRANSMISSION NETWORK SALE ACT 1998 - SECT 3

Definitions

  (1)   In this Act:

"ABC" means the Australian Broadcasting Corporation.

"ACCC" means the Australian Competition and Consumer Commission.

"access seeker" has the same meaning as in Part   XIC of the Competition and Consumer Act.

"ancillary service" means a service that is ancillary to a national broadcasting service and is carried by means of an analog main carrier signal that is used for the transmission of the national broadcasting service.

"Archives Act" means the Archives Act 1983 .

"asset" means:

  (a)   any legal or equitable estate or interest in real or personal property, including a contingent or prospective one; and

  (b)   any right, privilege or immunity, including a contingent or prospective one.

"broadcasting service" has the same meaning as in the Broadcasting Services Act.

"Broadcasting Services Act" means the Broadcasting Services Act 1992 .

"carrier licence" has the same meaning as in the Telecommunications Act.

"commercial broadcasting licensee" means:

  (a)   the holder of a commercial television broadcasting licence (within the meaning of the Broadcasting Services Act); or

  (b)   the holder of a commercial radio broadcasting licence (within the meaning of the Broadcasting Services Act).

"Commonwealth asset" means an asset of the Commonwealth.

"Commonwealth liability" means a liability of the Commonwealth.

"community broadcasting licensee" means the holder of a community broadcasting licence (within the meaning of the Broadcasting Services Act).

"community broadcasting service" has the same meaning as in the Broadcasting Services Act.

"company" means a body corporate.

"Competition and Consumer Act" means the Competition and Consumer Act 2010 .

"declared remote area" means an area specified by the Minister under subsection   (2) for the purposes of this definition.

"declared successor" means a person declared under section   22 to be a declared successor.

"emergency service organisation" means:

  (a)   any of the following organisations (including those consisting wholly or partly of volunteers):

  (i)   a police force or service;

  (ii)   a fire service;

  (iii)   an ambulance service;

  (iv)   a coast guard service, rescue service or emergency service; or

  (b)   any other organisation specified by the Minister under subsection   (2) for the purposes of this paragraph.

"exempt re-transmission" means a re - transmission covered by section   212 of the Broadcasting Services Act.

"government body" means:

  (a)   a State or Territory; or

  (b)   an authority of a State or Territory; or

  (c)   a local government body of a State or Territory.

"instrument" includes a document.

"land registration official" , in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.

"liability" means a liability, duty or obligation, including a contingent or prospective one.

"national broadcasting service" has the same meaning as in the Broadcasting Services Act.

"NBS transmitter licence" means a transmitter licence (within the meaning of the Radiocommunications Act) for a transmitter that is for use for transmitting a national broadcasting service to the public.

"nominated customer" has the meaning given by section   15.

"nominated purpose" , in relation to a person who is a nominated customer, means a purpose specified in section   15 as a purpose for which the person is a nominated customer.

"nominated service" has the meaning given by section   14.

"non-profit body" means an incorporated body that:

  (a)   is not carried on for the purposes of profit or gain to its individual members; and

  (b)   is prohibited by its constituent document from making any distribution of money or property to its individual members.

"NTC" or National Transmission Company means a company to which assets or liabilities are transferred under section   9.

"open narrowcasting television service" has the same meaning as in the Broadcasting Services Act.

"original asset" means an asset transferred from the Commonwealth under section   9.

"radiocommunication" has the same meaning as in the Radiocommunications Act.

"Radiocommunications Act" means the Radiocommunications Act 1992 .

"replacement asset" means an asset that is a replacement for:

  (a)   an original asset; or

  (b)   an asset that is a replacement asset because of a previous application of this definition.

"SBS" means the Special Broadcasting Service Corporation.

"share" , in relation to a company, means a share in the company's share capital.

"site" has the same meaning as in Part   5 of Schedule   1 to the Telecommunications Act.

"specified" , in relation to an asset, liability or instrument, means specified or identified (whether by reference to a class or by any other means).

"telecommunications access regime" means:

  (a)   Part   XIC of the Competition and Consumer Act (as in force immediately before the commencement of Division   1 of Part   2 of Schedule   1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 ); and

  (b)   any other provisions of the Competition and Consumer Act (as in force immediately before the commencement of Division   1 of Part   2 of Schedule   1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 ) that relate to the operation of that Part; and

  (c)   sections   62 and 68, subsection   70(5) and Parts   30, 31 and 32 of the Telecommunications Act; and

  (d)   any other provisions of the Telecommunications Act that relate to the operation of the provisions specified in paragraph   (c).

"Telecommunications Act" means the Telecommunications Act 1997 .

"telecommunications carrier rules" means:

  (a)   Part   1 of Schedule   3 to the Telecommunications Act; and

  (b)   any other provisions of the Telecommunications Act that relate to the operation of that Part.

"telecommunications facility" means a facility within the meaning of the Telecommunications Act.

"telecommunications transmission tower" has the same meaning as in Part   5 of Schedule   1 to the Telecommunications Act.

  (2)   The Minister may, by legislative instrument, specify:

  (a)   an area for the purposes of the definition of declared remote area in subsection   (1); or

  (b)   an organisation for the purposes of paragraph   (b) of the definition of emergency service organisation in subsection   (1).



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