Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992

An Act to make transitional arrangements and consequential amendments as a result of the enactment of the Broadcasting Services Act 1992

Part 1—Preliminary

1 Short title

This Act may be cited as the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992.

2 Commencement

This Act commences on the day fixed under subsection 2(2) of the Broadcasting Services Act 1992 or on the day applicable under subsection 2(3) of that Act, as the case requires.

3 Interpretation—expressions used in the Broadcasting Services Act

In this Act, unless the contrary intention appears, expressions that are defined in section 6 of the Broadcasting Services Act 1992 have the same meaning when used in this Act.

Part 2—Transitional provisions

Division 1—Preliminary

4 Interpretation

In this Part, unless the contrary intention appears:

Broadcasting Act means the Broadcasting Act 1942.

Tribunal means the Australian Broadcasting Tribunal formerly constituted under the Broadcasting Act 1942.

Division 3—Directorships and control

17 Special provision for certain directorships

If:

(a) immediately before the commencement of this Act, a person was a director of a company; and

(b) the holding by the person of that directorship was not a contravention of the Broadcasting Act; and

(c) apart from this section, the holding by the person of that directorship would, immediately after the commencement of this Act, be a contravention of the new Act;

the holding by the person of that directorship (including a holding on re‑election) is not a contravention of the new Act.

19 Grandfathering of existing interests relevant to control

(1) If:

(a) a person was not, immediately before the commencement of this Act, in contravention of a provision of Part IIIBA of the Broadcasting Act because the person was taken not to be, by reason of the application of the provisions of that Part, in a position to exercise control of a former commercial radio licence, a former commercial television licence, a newspaper or a company; and

(b) the person would, but for this section, be in contravention of a provision of Part 5 of the new Act on that commencement because the person would be taken to be in a position to exercise control of the corresponding commercial radio broadcasting licence or commercial television broadcasting licence, or that newspaper or company, as the case may be;

the person is not taken to be in a position to exercise control of the licence, newspaper or company, as the case may be, for the purposes of the new Act while the circumstances of that person relevant to deciding under the new Act whether that person is in a position to exercise control of that licence, newspaper or company remain unchanged.

(2) In this section:

corresponding commercial radio broadcasting licence, in relation to a former commercial radio licence, means the commercial radio broadcasting licence to which paragraph 5(1)(a) refers in relation to that former licence.

corresponding commercial television broadcasting licence, in relation to a former commercial television licence, means the commercial television broadcasting licence to which paragraph 5(1)(b) refers in relation to that former licence.

newspaper has the same meaning as in Part IIIBA of the Broadcasting Act.

25 Continuation of secrecy provision

(1) The ABA is entitled to possession of documents in the possession of the Tribunal immediately before the commencement of this Act.

(2) Notwithstanding the repeal of section 125 of the Broadcasting Act, that section continues to apply to:

(a) former members, acting members, associate members and acting associate members of the Tribunal; and

(b) former members of the staff of the Tribunal; and

(c) members, acting members, associate members, acting associate members and members of the staff of the ABA in relation to documents referred to in subsection (1).

(3) Section 38 of the Freedom of Information Act 1982 applies to a document, or information contained in a document, to which subsection (2) relates by the application of paragraph 125(2)(a) of the Broadcasting Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub‑Ch = Sub‑Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992	105, 1992	9 July 1992	5 Oct 1992 (see s. 2 and Gazette 1992, No. GN38)
Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992	167, 1992	11 Dec 1992	1 July 1993	—
Transport and Communications Legislation Amendment Act (No. 3) 1992	216, 1992	24 Dec 1992	ss. 64–66: 24 Dec 1992	—
Broadcasting Services Legislation Amendment Act 1997	143, 1997	8 Oct 1997	8 Oct 1997	—
Broadcasting Legislation Amendment Act (No. 2) 2002	120, 2002	2 Dec 2002	Schedules 1 and 2: 30 Dec 2002 Remainder: 2 Dec 2002	—
Statute Law Revision Act 2006	9, 2006	23 Mar 2006	Schedule 2 (item 8): 5 Oct 1992 (s 2(1) item 25)	—
Statute Law Revision Act 2013	103, 2013	29 June 2013	Schedule 1 (item 29): 29 June 2013	—
Omnibus Repeal Day (Autumn 2014) Act 2014	109, 2014	16 Oct 2014	Sch 2 (items 184–186): 17 Oct 2014 (s 2(1) item 2)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 2
Division 1
s. 4.....................	am. No. 167, 1992; No 109, 2014
Division 2
s 5.....................	rep No 109, 2014
s 6.....................	rep No 109, 2014
s 7.....................	rep No 109, 2014
s 8.....................	rep No 109, 2014
s 9.....................	rep No 109, 2014
s. 10....................	am. No. 167, 1992
	rep No 109, 2014
s 11....................	rep No 109, 2014
s. 12....................	am. No. 216, 1992
	rep No 109, 2014
s 13....................	rep No 109, 2014
s 14....................	rep. No. 143, 1997
s 15....................	rep No 143, 1997
s 16....................	rep No 109, 2014
s 18....................	rep No 109, 2014
s 20....................	rep No 109, 2014
s 21....................	rep No 109, 2014
s. 22....................	am. No. 216, 1992
	rep. No. 143, 1997
s 23....................	rep No 109, 2014
s 24....................	rep No 109, 2014
s 26....................	rep No 109, 2014
s 27....................	rep No 109, 2014
s 28....................	rep No 109, 2014
s 29....................	rep No 109, 2014
s 30....................	rep No 109, 2014
Heading to Div. 5 of Part 2.....	rep. No. 103, 2013
Division 6
s. 27....................	am. No. 167, 1992
s. 28....................	am. No. 120, 2002
Schedule 1
Sch 1...................	rep No 109, 2014
Schedule 2
Sch 2...................	am. No. 9, 2006
	rep No 109, 2014

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]