Commonwealth of Australia

 

 

Acts Interpretation Act 1901

 

Class exemption (No. 1 of 2000)

 

I, IAN GORDON CAMPBELL, Parliamentary Secretary to the Minister for Communications,  Information Technology and the Arts, under subsection 18(5) of the National Transmission Network Sale Act 1998 (the Act) and subsection 46(2) of the Acts Interpretation Act 1901, exempt assets of a class specified in the Schedule from the operation of  section 18 of the Act.

In this instrument:

broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

broadcasting transmission tower has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

nominated customer has the same meaning as in the National Transmission Network Sale Act 1998.

original asset has the same meaning as in the National Transmission Network Sale Act 1998.

relevant local government authority, for land in a State or Territory, means an authority of the State or Territory responsible for the local government of the area where the land is located.

replacement asset has the same meaning as in the National Transmission Network Sale Act 1998.

site has the same meaning as in Part 5 of Schedule 4 to the Broadcasting Services Act 1992.

 

SCHEDULE

Minor portions of land forming part of an original asset or a replacement asset (where that asset is a site of a broadcasting transmission tower) that are transferred to a relevant local government authority for the land for the purposes of that authority where the transfer does not jeopardise:

(a)              the provision of broadcasting services from the site; or

(b) continued access to the site by:

(i)           the owner or occupier of the site; or

(ii)         a nominated customer.

 

Note: For this instrument, the purposes of a relevant local government authority include road widening and the creation of footpaths. 

 

 

Dated 3 October 2000.

 

IAN CAMPBELL

Parliamentary Secretary to the Minister for Communications,

Information Technology and the Arts