Broadcasting Legislation Amendment Act 1988 (Cth)

Broadcasting Legislation Amendment Act 1988 No. 146 of 1988 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE AUSTRALIAN BROADCASTING CORPORATION ACT 1983 3. Principal Act 4. Interpretation 5. General powers of the Corporation 6. Insertion of new section: 25b. Hedging contracts etc. 7. Insertion of new section: 29a. Broadcasting facilities may be made available to limited licensees 8. Repeal of Part V and substitution of new Part: PART V—EMPLOYEES 32. Employment of staff 33. The Corporation is to achieve and maintain high standards as an employer 9. Application and investment of money 10. Insertion of new sections: 70a. Borrowing from Commonwealth 70b. Borrowings otherwise than from Commonwealth 70c. Guarantee of borrowings by Corporation 70d. Corporation may give security 70e. Borrowings not otherwise permitted 70f. Delegation by Treasurer 11. Consequential amendments of the Australian Broadcasting Corporation Act 1983 12. Transitional provisions TABLE OF PROVISIONS—continued Section PART III—AMENDMENTS OF THE BROADCASTING ACT 1942 13. Principal Act 14. Interpretation 15. Unauthorised operation of certain transmitters prohibited 16. Repeal of section 6b and substitution of new section: 6b. Use of telegraph lines for retransmission of programs 17. Functions and powers of Tribunal 18. Insertion of new section: 26a. Money of the Tribunal 19. Application of money 20. Insertion of new section: 79ea. Broadcasting facilities may be made available to limited licensees 21. Responsibility for programs 22. Insertion of new sections: 81aa. Who is eligible for the grant of a licence? 81ab. Licence held by a consortium 23. Insertion of new sections: 81b. Purpose of limited licence 81c. Regulations may add new categories of limited licence 24. Applications for grant of certain licences 25. Applications for grant of supplementary radio licences 26. Insertion of new sections: 82ab. Applications for grant of limited licences 82ac. Tribunal may request outline of program content and format 82ad. Tribunal may request applicant to give copy of constituent documents 27. Repeal of section 83 and substitution of new sections: 83. Undertaking 83a. Criteria for grant of commercial licence 83b. Criteria for grant of supplementary radio licence 83c. Criteria for grant of public licence 83d. Criteria for grant of remote licence 83e. Criteria for grant of limited licence 83f. Minister may revise service specifications before grant of licence 28. Imposition of licence conditions 29. Variation of licence conditions 30. Repeal of section 86 and substitution of new sections: 86. Renewal of licences—general 86aa. Renewal of commercial licence 86ab. Renewal of supplementary radio licence 31. Insertion of new sections: 86e. Renewal of public licence 86f. Renewal of remote licence 86g. Renewal of limited licence 86h. Minister may recommend non-renewal of limited licence 32. Duration 33. Repeal of section 88 and substitution of new sections: 88. Suspension and revocation of commercial licence 88a. Suspension and revocation of supplementary radio licence 88b. Suspension and revocation of public licence 88c. Suspension and revocation of remote licence 88d. Suspension and revocation of limited licence 88e. Suspension and revocation—general 34. Repeal of sections 89a, 89b and 89c and substitution of new sections: 89a. Transfer of commercial licences 89b. Transfer of supplementary radio licences 89c. Transfer of public licences 89ca. Transfer of remote licences 89cb. Transfer of limited licence 89cc. Effect of transfer etc. of licence 35. Licence warrants 36. Insertion of new heading and sections: TABLE OF PROVISIONS—continued Section Division 2—Retransmission permits and temporary transmission permits 89da. Retransmission permits 89db. Duration of retransmission permit 89dc. Technical conditions for retransmission permit 89dd. Variation of retransmission permit 89de. Suspension and cancellation of retransmission permit 89df. Temporary transmission permit 89dg. Duration of temporary transmission permit 89dh. Advertising not allowed pursuant to temporary transmission permit 89di. Cancellation of temporary transmission permit 37. Insertion of new section: 92ua. Interpretation 38. Orders relating to ownership, control etc. of remote licences 39. Insertion of new section: 92va. Orders relating to ownership, control etc. of limited licences 40. Repeal of section 99a 41. Special provisions relating to advertisements 42. Broadcasting or televising of political matter or controversial matter 43. Insertion of new section: 119ac. Special provisions relating to limited licences 44. Licensee to keep accounts etc. 45. Penalty for unpaid licence fees 46. Insertion of new section: 125g. Delegation by Minister 47. New Schedule 48. Consequential and minor amendments of the Broadcasting Act 1942 49. Consequential amendments of other legislation 50. Conversion of re-broadcasting and re-transmission licences PART IV—AMENDMENTS OF THE RADIO LICENCE FEES ACT 1964 51. Principal Act 52. Interpretation PART V––AMENDMENTS OF TRANSITIONAL LEGISLATION 53. Amendments of the Broadcasting and Television Act 1942 as in force immediately before 1 January 1986 for the purpose of its continued application to old system licences 54. Amendments of the Broadcasting and Television Amendment Act 1985 55. Amendments of the Broadcasting Amendment Act (No. 3) 1987 SCHEDULE 1 CONSEQUENTIAL AMENDMENTS OF THE AUSTRALIAN BROADCASTING CORPORATION ACT 1983 SCHEDULE 2 NEW SCHEDULE TO THE BROADCASTING ACT 1942 SCHEDULE 3 CONSEQUENTIAL AND MINOR AMENDMENTS OF THE BROADCASTING ACT 1942 SCHEDULE 4 CONSEQUENTIAL AND MINOR AMENDMENTS OF THE BROADCASTING ACT 1942 SCHEDULE 5 CONSEQUENTIAL AMENDMENTS OF OTHER LEGISLATION Broadcasting Legislation Amendment Act 1988 No. 146 of 1988 An Act to amend the Australian Broadcasting Corporation Act 1983 and the Broadcasting Act 1942, and for related purposes [Assented to 26 December 1988] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Broadcasting Legislation Amendment Act 1988. Commencement 2. (1) Subject to subsections (2), (3), (4) and (5), this Act commences on the twenty-eighth day after the day on which it receives the Royal Assent. (2) Sections 8, 11 and 12 and Schedule 1 commence on a day to be fixed by Proclamation. (3) Sections 15, 16 and 36, subsection 48 (2), section 49 and Schedules 2, 4 and 5 commence on 1 March 1989. (4) Sections 51 and 52 are deemed to have commenced on 16 December 1987. (5) Paragraph 54 (1) (b) is deemed to have commenced on 4 August 1987. PART II—AMENDMENTS OF THE AUSTRALIAN BROADCASTING CORPORATION ACT 1983 Principal Act 3. In this Part, "Principal Act" means the Australian Broadcasting Corporation Act 19831. Interpretation 4. Section 3 of the Principal Act is amended: (a) by inserting the following definitions: " 'dealing', in relation to securities, has the meaning given by subsection (2); 'interest', in relation to money, includes interest on interest payable on that money; 'securities' includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents;"; (b) by adding at the end the following subsection: "(2) A reference in this Act to dealing with securities includes a reference to: (a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities; (b) creating, selling, purchasing or re-selling rights or options in respect of securities; and (c) entering into agreements or other arrangements relating to securities.". General powers of the Corporation 5. Section 25 of the Principal Act is amended by omitting subsection (2). 6. After section 25a of the Principal Act the following section is inserted: Hedging contracts etc. "25b. (1) Subject to subsection (3), the Corporation may enter into or deal with contracts, and make other arrangements, in relation to financial futures or foreign currency (including foreign currency futures) for the purpose of reducing or eliminating risks of adverse financial consequences to the Corporation in relation to: (a) any contract (including a contract that may be entered into under this section), or proposed contract, involving the payment or receipt of money by the Corporation; or (b) a borrowing or raising of money by the Corporation or a proposed borrowing or raising of money by the Corporation (including a borrowing or raising of money by the Corporation by dealing with securities); being risks that may arise from variations in the rate of currency exchange or rate of interest applicable to the contract or proposed contract, or to the borrowing or raising of money or proposed borrowing or raising of money, as the case may be, referred to in paragraph (a) or (b). "(2) The Minister may, by determination in writing: (a) set guidelines for the purpose of the exercise by the Corporation of its power under subsection (1); and (b) revoke or vary guidelines set for that purpose or set new guidelines for that purpose; and shall give to the Corporation a copy of each determination made under this subsection. "(3) The Corporation shall not enter into a contract, dealing or other arrangement under subsection (1) otherwise than in accordance with the guidelines having effect from time to time under subsection (2). "(4) A contract, dealing or other arrangement under subsection (1) does not require the approval of the Minister under subsection 70 (1). "(5) In this section: 'proposed borrowing or raising of money' means a proposed borrowing or raising of money that has been approved by the Treasurer under section 70b.". 7. After section 29 of the Principal Act the following section is inserted: Broadcasting facilities may be made available to limited licensees "29a. Where a person holds a limited licence granted under the Broadcasting Act 1942, the Corporation may make broadcasting facilities and staff available to the person so that the person can transmit programs to the general public pursuant to the licence.". 8. (1) Part V of the Principal Act is repealed and the following Part is substituted: "PART V—EMPLOYEES Staff of Corporation "32. (1) The Corporation may engage such employees as are necessary for the performance of its functions and the exercise of its powers. "(2) The terms and conditions of employment shall be determined by the Corporation. The Corporation is to achieve and maintain high standards as an employer "33. The Corporation shall endeavour to achieve and maintain high standards as an employer in relation to terms and conditions of employment, occupational health, industrial safety, industrial democracy, nondiscriminatory employment practices and other matters.". (2) Where a person is, immediately before commencement, an officer or a temporary employee of the Corporation, the person shall, upon commencement, be taken to be employed by the Corporation under section 32 of the amended Act. (3) A person to whom subsection (2) applies shall be taken to be employed on the terms and conditions that were applicable to the person immediately before commencement. (4) Subsection (3) does not apply to a person if the Corporation makes a determination under subsection 32 (2) of the amended Act and that determination: (a) applies to the person; and (b) takes effect on the day of commencement. (5) Subsection (3) continues to apply to a person until the Corporation makes a determination under subsection 32 (2) of the amended Act and that determination applies to the person. (6) In this section: "amended Act" means the Principal Act as amended by this section; "commencement" means the commencement of this section. Application and investment of money 9. Section 68 of the Principal Act is amended: (a) by omitting "The moneys" and substituting "Subject to subsection (2), the money"; (b) by adding at the end the following subsections: "(2) Money of the Corporation that is not immediately required for the purposes of the Corporation may be invested: (a) on fixed deposit with an approved bank; (b) in securities of the Commonwealth; or (c) in any other manner approved by the Treasurer. "(3) In subsection (2): 'approved bank' means the Reserve Bank of Australia or a bank approved by the Treasurer for the purposes of this section.". 10. After section 70 of the Principal Act the following sections are inserted: Borrowing from Commonwealth "70a. (1) The Minister for Finance may, on behalf of the Commonwealth, lend money to the Corporation. "(2) The money shall be lent on the terms and conditions determined by the Minister for Finance. "(3) A determination under subsection (2) shall be in writing. "(4) The money shall be lent out of money appropriated by the Parliament for that purpose. Borrowings otherwise than from Commonwealth "70b: (1) The Corporation may, with the approval of the Treasurer: (a) borrow money from someone other than the Commonwealth; or (b) raise money otherwise than by borrowing it. "(2) An approval under subsection (1) shall be in writing. "(3) The Corporation may borrow or raise money under subsection (1) only on terms and conditions that are specified in, or are consistent with, the approval under that subsection. "(4) Without limiting subsection (1), the Corporation may borrow or raise money under that subsection by dealing with securities. "(5) Without limiting subsection (1), the Corporation may borrow or raise money under that subsection in the currency of a foreign country. "(6) The Treasurer may give an approval under subsection (1) either: (a) in relation to a particular transaction; or (b) in relation to all transactions in a particular class of transactions. "(7) For the purposes of this section, if: (a) the Corporation issues an instrument that acknowledges a debt; (b) the instrument is issued in consideration of the payment or deposit of money; and (c) the instrument is issued in relation to a transaction that is not a routine operational transaction; the Corporation shall be taken to raise money otherwise than by borrowing and the amount of money raised shall be taken to be the amount of the money paid or deposited. "(8) For the purposes of this section, if: (a) the Corporation issues an instrument that acknowledges a debt; (b) the instrument is issued in consideration of the provision of credit; and (c) the instrument is issued in relation to a transaction that is not a routine operational transaction; the Corporation shall be taken to raise money otherwise than by borrowing and the amount of money raised shall be taken to be the amount of the value of the credit provided. "(9) For the purposes of this section, if: (a) the Corporation obtains credit; and (b) the credit is obtained in relation to a transaction that is not a routine operational transaction; the Corporation shall be taken to raise money otherwise than by borrowing and the amount of money raised shall be taken to be the amount of the value of the credit obtained. "(10) In subsections (7), (8) and (9): 'routine operational transaction' means a transaction that is carried out in the ordinary course of the day-to-day operations of the Corporation. Guarantee of borrowings by Corporation "70c. (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract that: (a) guarantees the repayment of money borrowed under paragraph 70b (1) (a) and the payment of interest on that money; or (b) guarantees the payment of an amount that the Corporation is liable to pay in relation to money raised under paragraph 70b (1) (b). "(2) The Treasurer may determine: (a) that the Commonwealth guarantees the repayment of money borrowed under paragraph 70b (1) (a) and the payment of interest on that money; or (b) guarantees the payment of an amount that the Corporation is liable to pay in relation to money raised under paragraph 70b (1) (b); and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth. "(3) A determination under subsection (2) shall be in writing. "(4) The amounts referred to in paragraphs (1) (b) and (2) (b) may be amounts of interest. "(5) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), either: (a) in relation to a particular transaction; or (b) in relation to all transactions in a particular class of transactions. "(6) A contract entered into under subsection (1) may include a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a foreign country. "(7) A contract entered into under subsection (1) may include a provision waiving the immunity of the Commonwealth from suit in the courts, or a specified court, of a foreign country in relation to any proceedings under the contract. Corporation may give security "70d. The Corporation may give security over the whole or any part of its land or other assets for: (a) the repayment of money borrowed under section 70a or paragraph 70b (1) (a) and the payment of interest on that money; (b) the payment of amounts (including any interest) that the Corporation is liable to pay in relation to money raised under paragraph 70b (1) (b); or (c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under: (i) a contract entered into under subsection 70c (1); or (ii) a determination made under subsection 70c (2). Borrowings not otherwise permitted "70e. The Corporation may borrow money, or raise money otherwise than by borrowing, only in accordance with sections 70a and 70b. Delegation by Treasurer "70f. The Treasurer may by signed instrument delegate to a person performing the duties of an office in the Department of the Treasury all or any of the Treasurer's powers under sections 70b and 70c.". Consequential amendments of the Australian Broadcasting Corporation Act 1983 11. The Principal Act is amended as set out in Schedule 1. Transitional provisions 12. A delegation to a person that was in force under section 23 or 24 of the Principal Act immediately before the commencement of this section continues in force, after the commencement of this section, as if the delegation had been made to the person under section 23 or 24 as amended by section 11 and Schedule 1 to this Act. PART III—AMENDMENTS OF THE BROADCASTING ACT 1942 Principal Act 13. In this Part, "Principal Act" means the Broadcasting Act 19422. Interpretation 14. Section 4 of the Principal Act is amended: (a) by inserting in subsection (1) the following definitions: " 'adequate and comprehensive service' has the meaning given by subsections (6), (7) and (12); 'Fees Act' means the Radio Licence Fees Act 1964, the Television Licence Fees Act 1964 or the Broadcasting (Limited Licences) Fees Act 1988; 'planning grounds' means grounds relating to the planning or development of broadcasting services or radiocommunications; 'radiocommunication' has the same meaning as in the Radiocommunications Act 1983; 'related corporation' has the same meaning as in the Companies Act 1981; 'relevant special event', in relation to a limited licence that is granted for special event purposes, means the festival, exhibition, exposition, sporting event or other special event in relation to which the licence is granted; 'remote Aboriginal community' means a community declared under subsection 81b (9) to be a remote Aboriginal community for the purposes of section 81b; 'service specification', in relation to a licence, means a specification of service area of the licence and includes: (a) in the case of a public licence—the specification of the purpose for which the licence is granted, to the extent that that purpose is specified by the Minister in accordance with Part IIIb; and (b) in the case of a limited licence—the specification of: (i) whether the service to be provided pursuant to the licence is to be one involving: (a) the broadcasting of radio programs; or (b) the broadcasting of television programs; and (ii) the purpose for which the licence is granted, to the extent that that purpose is specified by the Minister in accordance with Part IIIb; 'technical condition' means: (a) in relation to a licence warrant in respect of a licence (other than a re-transmission licence) or an MCS permit warrant—a condition relating to: (i) the design, siting, installation, maintenance or operation (including operating power, constancy and frequency) of the radiocommunications transmitter or transmitters to be used for the transmission of programs pursuant to the licence or MCS permit; (ii) the design, siting, installation, maintenance or operation of facilities (not including studios or studio equipment or facilities) to be used in association with the radiocommunications transmitter or transmitters; or (iii) the siting of the studio or studios to be used in connection with the transmission of programs pursuant to the licence or MCS permit; or (b) in relation to a licence warrant in respect of a retransmission licence—a condition relating to the design, siting, installation, maintenance or operation of the telegraph lines and other equipment or facilities to be used for or in connection with the transmission of programs pursuant to the licence; 'technical grounds' means grounds relating to technical matters;"; (b) by omitting from paragraph (6) (d) "and"; (c) by inserting after paragraph (6) (d) the following paragraph: "(da) the extent (if any) to which the licensee broadcasts different programs from different radiocommunications transmitters pursuant to the licence; and"; (d) by inserting after paragraph (7) (d) the following paragraph: "(da) the extent (if any) to which the licensee broadcasts different programs from different radiocommunications transmitters pursuant to the permit;". Unauthorised operation of certain transmitters prohibited 15. Section 6a of the Principal Act is amended: (a) by omitting subsection (1) and substituting the following subsection: "(1) A person shall not, without reasonable excuse, operate a radiocommunications transmitter to transmit radio programs or television programs to the general public except as authorised by: (a) a licence warrant; (b) an MCS permit warrant; (c) a retransmission permit; or (d) a temporary transmission permit."; (b) by omitting from subsection (1a) "licence warrant" (wherever occurring) and substituting "warrant or permit"; (c) by omitting subsection (5). 16. Section 6b of the Principal Act is repealed and the following section is substituted: Use of telegraph lines for retransmission of programs "6b. (1) A person shall not use a telegraph line to transmit a program broadcast or transmitted by the Corporation or the Service unless: (a) the telegraph line is erected upon private land or within a private building; (b) the transmission is made for the purpose of broadcasting the program; (c) the transmission is made in the course of a telephone call between that person and another person; or (d) the transmission is authorised by a retransmission permit. "(2) A person shall not use a telegraph line to transmit a program broadcast or transmitted by a licensee unless: (a) the telegraph line is erected upon private land or within a private building; (b) the transmission terminates at a place within the licence's service area; (c) the transmission is made for the purpose of broadcasting the program; (d) the transmission is made in the course of a telephone call between that person and another person; or (e) the transmission is authorised by a retransmission permit. "(3) Examples of the operation of this section and section 89da are set out in the Schedule.". Functions and powers of Tribunal 17. Section 16 of the Principal Act is amended by inserting after subsection (6a) the following subsections: "(6b) The Tribunal may do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions and, in particular, may: (a) produce, publish or distribute documents; (b) conduct or arrange for conferences or seminars; (c) provide information services; (d) otherwise publish or distribute information; (e) impose charges, subject to subsection (6c), in relation to a matter or activity referred to in paragraph (a), (b), (c) or (d); and (f) do anything incidental to any of its powers. Note: "document" is defined by section 25 of the Acts Interpretation Act 1901 as including, among other things, any article or material from which sounds, images or writing can be reproduced. "(6c) The Tribunal shall not impose a charge in relation to the publication of a document in a particular manner or form if the Tribunal is required by this Act to publish the document in that manner or form. "(6d) Subsection (6c) is subject to subsection 124 (3) (which requires the Tribunal to make information assembled under section 124 available, whether gratis or otherwise, as the Tribunal thinks fit, to any person upon request).". 18. After section 26 of the Principal Act the following section is inserted: Money of the Tribunal "26a. The money of the Tribunal consists of: (a) money paid to the Tribunal under section 26; and (b) money received by the Tribunal in connection with the performance of its functions or the exercise of its powers.". Application of money 19. Section 27a of the Principal Act is amended by inserting in paragraph (a) "or the exercise of its powers" after "functions". 20. After section 79e of the Principal Act the following section is inserted: Broadcasting facilities may be made available to limited licensees "79ea. (1) Where a person holds a limited licence, the Service may make broadcasting facilities and staff available to the person so that the person can transmit programs to the general public pursuant to the licence. "(2) Subsection (1) does not limit the power of the Service to provide facilities for the transmission of programs by other persons.". Responsibility for programs 21. Section 79f of the Principal Act is amended by adding at the end the following subsection: "(2) Subsection (1) does not apply in a case where the Service makes broadcasting facilities available to a person under section 79ea.". 22. After section 81 of the Principal Act the following sections are inserted: Who is eligible for the grant of a licence? "81aa. (1) A commercial licence shall only be granted to a company that is formed within the limits of the Commonwealth or a Territory and has a share capital. "(2) A public licence shall only be granted to a corporation that is formed within the limits of the Commonwealth or a Territory. "(3) A public licence shall not be granted to: (a) a corporation whose objects include the acquisition of profit or gain for the benefit of its individual members; (b) a government corporation; or (c) a political party. "(4) A remote licence shall only be granted to: (a) a company that is formed within the limits of the Commonwealth or a Territory and has a share capital; or (b) a consortium of companies to which paragraph (a) applies. "(5) A limited licence shall only be granted to a corporation that is formed within the limits of the Commonwealth or a Territory. Licence held by a consortium "81ab. Where a remote licence or a supplementary radio licence is granted to the members of a consortium: (a) the persons to whom the licence is granted take the licence in equal undivided shares as owners in common; (b) references in the licence, in this Act and in any other law to the licensee or to the holder of the licence shall be read as references to each co-owner of the licence; and (c) the performance by a co-owner of the licence of an obligation imposed by the licence, by this Act or by any other law on the licensee or the holder of the licence shall, to the extent of that performance, be deemed to release that co-owner and each other co-owner of the licence from that obligation.". 23. After section 81a of the Principal Act the following sections are inserted: Purpose of limited licence "81b. (1) A limited licence shall be granted for: (a) information purposes; (b) special event purposes; (c) remote Aboriginal community purposes; (d) special interest purposes; or (e) a purpose specified by the regulations in accordance with section 81c. ''(2) In setting out, in a notice under subsection 82ab (3) or (5), the service specifications to which a limited licence is to be subject, the Minister shall specify that the licence is to be: (a) granted for particular purposes; or (b) granted for purposes within a particular range of purposes. "(3) Where the Minister specifies, in a notice under subsection 82ab (3) or (5), that the licence is to be granted for purposes within a particular range of purposes, the Tribunal shall determine the particular purposes within that range for which the licence is granted. "(4) The purpose for which a limited licence is granted shall be ascertained by reference to: (a) the service specifications of the licence; and (b) the conditions (if any) imposed by the Tribunal on the licence under paragraph 84 (4) (b) or subsection 85 (1) or 86 (6). "(5) A limited licence is granted for information purposes if the licence is granted for the purposes of providing: (a) an information service that is relevant to the interests of people living or working in or visiting the service area of the licence; or (b) an information service that presents data solely or primarily in the form of alphanumeric text or graphics (including diagrams, tables or images). "(6) A limited licence is granted for special event purposes if the licence is granted for the purpose of providing a service that has a substantial connection with a festival, exhibition, exposition, sporting event or other special event. "(7) A limited licence is granted for remote Aboriginal community purposes if the licence is granted for the purpose of serving the cultural, linguistic, educational, recreational or other needs of a remote Aboriginal community. "(8) A limited licence is granted for special interest purposes if the licence is granted for the purpose of enabling a person to use broadcasting facilities of the Corporation or the Service to transmit programs in order to serve a particular special interest, or particular special interests, of the community, or a section of the community, that is located within the service area of the licence. "(9) The Minister for Aboriginal Affairs, or an authorised Aboriginal Affairs officer, may declare that a community is a remote Aboriginal community for the purposes of this section. "(10) A declaration under subsection (9) shall be made by notice published in the Gazette