Federal Register of Legislation - Australian Government

Primary content

Broadcasting (Ownership And Control) Act 1987

Act No. 68 of 1987 as made
An Act to amend the Broadcasting Act 1942, and for related purposes
Administered by: Communications
Date of Assent 05 Jun 1987
 

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68, 1987

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART I - PRELIMINARY

Section

1. Short title

2. Commencement

PART II - AMENDMENTS OF THE BROADCASTING ACT 1942

3. Principal Act

4. Consideration of licence applications by Tribunal

5. Renewal of licences

6. Transfer of licences

7. Subdivision heading

8. Insertion of new sections:

90AAA. Meaning of control of licence

90AAB. Meaning of control of company

9. Tracing of shareholding interests through a series of companies

10. Subdivision heading

11. Repeal of sections

12. Changes in ownership of shares etc.

13. Approval of transactions

14. Subdivision heading

15. Articles to contain certain provisions

16. Condition as to statutory declarations

17. Subdivision heading

18. Interpretation

19. Insertion of new sections:

91AAA. Meaning of control of licence

91AAB. Meaning of control of newspaper

91AAC. Meaning of control of company

91AAD. Minister may notify population figures

91AAE. Newspapers associated with commercial television licence
service areas

20. Tracing of shareholding interests through a series of companies

21. Subdivision heading

22. Limitation of interests in commercial television licence

23. Repeal of sections

24. Directors

25. Changes in ownership of shares etc.

26. Approval of transactions

27. Insertion of Subdivision:

Subdivision C - Cross media rules

92FAB. Limitations on cross media interests that may be held by a
person having prescribed interest in a commercial television
licence

92FAC. Person having prescribed interest in commercial television
licence to notify Tribunal of prescribed interest in associated
newspaper

92FAD. Limitations on cross media directorships

28. Articles to contain certain provisions

29. Condition as to statutory declarations

30. Powers of Federal Court of Australia

31. Defences

32. Penalties

PART III - AMENDMENTS OF THE BROADCASTING AND TELEVISION
AMENDMENT ACT 1985

33. Principal Act

34. Interpretation

PART IV - AMENDMENTS OF THE BROADCASTING AMENDMENT ACT
1987

35. Principal Act

36. Limitation of interests in commercial television licences

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - LONG TITLE

An Act to amend the Broadcasting Act 1942, and for
related purposes

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - PART I
PART I - PRELIMINARY

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 1
Short title

1. This Act may be cited as the Broadcasting (Ownership and Control) Act 1987.

(Minister's second reading speech made in- House of Representatives on 29 April 1987 Senate on 26 May 1987)

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 2
Commencement

2. (1) Section 1 and this section shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

(2) Sections 33 and 34 shall be deemed to have come into operation on 1 January 1986.

Back to Top

(3) Sections 35 and 36 shall come into operation, or shall be deemed to have come into operation, immediately after the commencement of the Broadcasting Amendment Act 1987.

(4) The remaining provisions of this Act shall come into operation on a day or days fixed by Proclamation.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - PART II
PART II - AMENDMENTS OF THE BROADCASTING ACT 1942

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 3
Principal Act

3. The Broadcasting Act 1942*1* is in this Part referred to as the Principal Act. *1*No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No. 64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33, 65 and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82, 1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47, 1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49, 1972; No. 50, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 55, 1974; No. 56, 1975; Nos. 89, 157 and 187, 1976; No. 160, 1977; Nos. 36, 52 and 210, 1978; Nos. 143 and 177, 1980; Nos. 61, 113 and 153, 1981; No. 154, 1982; Nos. 7, 37, 39, 91 and 136, 1983; Nos. 10, 63, 72, 163 and 165, 1984; Nos. 66 and 191, 1985; Nos. 2 and 76, 1986; and No. 00, 1987.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 4
Consideration of licence applications by Tribunal

4. Section 83 of the Principal Act is amended:

(a) by omitting from subparagraph (6) (f) (i) "or 92" and substituting ", 92 or 92FAB";
(b) by omitting from subparagraph (6) (f) (ii) "or 92C" and substituting ", 92C or 92FAD"; and
(c) by omitting from subsection (7) "or 92" and substituting ", 92 or 92FAB".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 5
Renewal of licences

5. Section 86 of the Principal Act is amended:

(a) by omitting from subparagraph (11B) (d) (i) "or 92" and substituting ", 92 or 92FAB";
(b) by omitting from subparagraph (11B) (d) (ii) "or 92C" and substituting ", 92C or 92FAD"; and
(c) by omitting from subsection (11C) "or 92" and substituting ", 92 or 92FAB".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 6
Transfer of licences

6. Section 89A of the Principal Act is amended:

(a) by omitting from subparagraph (1D) (d) (i) "or 92" and substituting ", 92 or 92FAB";
(b) by omitting from subparagraph (1D) (d) (ii) "or 92C" and substituting ", 92C or 92FAD"; and
(c) by omitting from subsection (1E) "or 92" and substituting ", 92 or 92FAB".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 7 Subdivision heading

7. After the heading to Division 2 of Part IIIB of the Principal Act the following Subdivision heading is inserted:

"Subdivision A - Preliminary".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 8

8. After section 90 of the Principal Act the following sections are inserted:

Meaning of control of licence
"90AAA. (1) For the purposes of sections 90 and 90F, a person shall be deemed to be in a position to exercise control of a licence if the person is:

(a) the holder of the licence;
(b) in a position to exercise control of the company that holds the licence; or
(c) in a position to exercise control of:

(i) the operations of the licensee in providing the service pursuant
to the licence; or
(ii) the selection or provision of the programs to be broadcast
pursuant to the licence.

"(2) Paragraph (1) (c) does not apply to a person in relation to a licence:

(a) in the case of an advertiser or other person sponsoring a program or programs under an agreement made in the ordinary course of business - by reason only of his or her rights in respect of that program or those programs or of the fact that he or she has, under a contract relating to his or her sponsorship of that program or those programs, rights that are reasonably necessary to ensure to him or her the full commercial benefit of that sponsorship; or
(b) in the case of a person carrying on the business of supplying radio programs - by reason only of his or her rights under a contract for the supply by him or her of programs to be broadcast pursuant to the licence, being rights created in good faith in the ordinary course of that business for the purpose only of protecting his or her commercial interests as a supplier of

Back to Top

programs.

Meaning of control of company
"90AAB. (1) For the purposes of this Division, other than subsections 90G (2), (5) and (6), a person who:

(a) is in a position to exercise control of more than 15% of the maximum number of votes that could be cast on a poll at, or arising out of, a general meeting of a company, whether he or she is in such a position as regards all questions that could be submitted to such a poll or as regards one or more only of such questions;
(b) has shareholding interests in a company, being shareholding interests in respect of shares of a kind carrying voting rights on all questions at general meetings of the company, exceeding in amount 15% of the total of the amounts paid on all shares in the company of a kind carrying such voting rights; or
(c) has shareholding interests in a company exceeding in amount 15% of the total of the amounts paid on all shares in the company;
shall be deemed (but not to the exclusion of any other person) to be in a position to exercise control of that company, of any votes, in respect of another company, of which that company is in a position to exercise control and of all acts and operations of that company.

"(2) For the purposes of this section, where a person is deemed, by any application or applications of this section, to be in a position to exercise control of a company that has a shareholding interest in another company, that person shall be deemed (but not to the exclusion of any other person) to have that shareholding interest.

"(3) For the purposes of this section:

(a) in ascertaining the votes, in respect of a company, of which a person is in a position to exercise control, there shall be included any votes in respect of that company of which that person is deemed, by any application or applications of this section, to be in a position to exercise control; and
(b) in ascertaining the shareholding interests of a company in another company, there shall be included any shareholding interest that the first-mentioned company is deemed, by any application or applications of this section, to have in that other company.".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 9
Tracing of shareholding interests through a series of companies

9. Section 90B of the Principal Act is amended by omitting from subsection (1) "90E" and substituting "90AAB".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 10 Subdivision heading

10. After section 90B of the Principal Act the following Subdivision heading is inserted:

"Subdivision B - Limitations on ownership and control of commercial
radio licences".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 11
Repeal of sections

11. Sections 90D and 90E of the Principal Act are repealed.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 12
Changes in ownership of shares etc.

12. Section 90J of the Principal Act is amended:

(a) by inserting in subparagraph (3) (a) (v) "or 92FAD" after "section 90F"; and
(b) by omitting from subsection (9) "90E" and substituting "90AAB".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 13
Approval of transactions

13. Section 90JA of the Principal Act is amended:

(a) by omitting from subparagraph (4) (b) (ii) "90E" and substituting "90AAB"; and
(b) by omitting from paragraph (4) (c) "90E" and substituting "90AAB".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 14 Subdivision heading

14. After section 90JA of the Principal Act the following Subdivision heading is inserted:

"Subdivision C - Miscellaneous".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 15
Articles to contain certain provisions

15. Section 90L of the Principal Act is amended by inserting in subparagraph (1) (a) (i) "or 92FAB" after "section 90C".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 16
Condition as to statutory declarations

16. Section 90M of the Principal Act is amended:

(a) by inserting in paragraph (a) "or her" after "his";
(b) by inserting after paragraph (a) the following paragraph:

"(aa) whether, to the best of his or her knowledge or belief,
there has been, at any time during that period, any contravention of section 92FAB by a person by virtue of holding:

(i) a prescribed interest in the licence; and
(ii) a prescribed interest in a commercial television
licence;
and the particulars of any such contravention;";
(c) by inserting in paragraph (b) "or her" after "his";

Back to Top

(d) by inserting in paragraph (c) "or her" after "his"; and
(e) by inserting in paragraph (d) "or she" after "he".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 17
Subdivision heading

17. After the heading to Division 3 of Part IIIB of the Principal Act the following Subdivision heading is inserted:

"Subdivision A - Preliminary".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 18
Interpretation

18. Section 91 of the Principal Act is amended:

(a) by inserting before the definition of "control" in subsection (1) the following definition:

"'Associated Newspaper Register' means the register maintained
under section 91AAE;";
(b) by inserting after the definition of "debentures" in subsection (1) the following definition:

"'declared population of Australia' means the number specified,
in a notice in force under section 91AAD, as the declared population of Australia;";
(c) by inserting after the definition of "interest" in subsection (1) the following definitions:

"'joint venture' means an enterprise carried on by 2 or more
persons in common otherwise than as partners;
'joint venturer', in relation to a joint venture, means a person
who is a party to the joint venture;";
(d) by inserting after the definition of "metropolitan commercial television licence" in subsection (1) the following definition:

"'newspaper' means a publication that:

(a) is in the English language;
(b) is published on at least 4 days in each week; and
(c) is sold as a newspaper;";
(e) by inserting after the definition of "non-metropolitan commercial television licence" in subsection (1) the following definition:

"'publisher', in relation to a newspaper, means:

(a) if the newspaper is published by a company - the
company;
(b) if the newspaper is published by a partnership - a
member of the partnership;
(c) if the newspaper is published by a joint venture - a
joint venturer; or
(d) if the newspaper is published by a natural person -
the person.";
(f) by inserting after the definition of "non-metropolitan commercial television licence" in subsection (1) the following definition:

"'service area population', in relation to a licence, means the
number specified, in a notice in force under section 91AAD, as the population of the service area of the licence;";
(g) by inserting after subsection (2) the following subsection:

"(2A) For the purposes of this Division, a person has a prescribed
interest in a newspaper if the person is:

(a) where the newspaper is published by a company:

(i) in a position to exercise control of more than 15% of
the maximum number of votes that could be cast on a poll at, or arising out of, a general meeting of the company publishing the newspaper, whether the person is in such a position as regards all questions that could be submitted to such a poll or as regards one or more only of such questions; or
(ii) the holder of shareholding interests in the company
publishing the newspaper exceeding in amount 15% of the total of the amounts paid on all shares in that company;
(b) in any case - the publisher of the newspaper; or
(c) in any case - in a position to exercise control, either directly or indirectly, of the newspaper.";
(h) by inserting after subsection (6) the following subsections:

"(6A) For the purposes of this Division, a newspaper shall be
taken to be associated with the service area of a commercial television licence if, and so long as, the name of the newspaper is entered in the Associated Newspaper Register as a newspaper that is associated with the service area of the licence.

"(6B) For the purposes of this Division, a commercial television
licence shall be taken to be a non-competitive licence if:

(a) the licence is in an approved market and an MCS permit is
in force in respect of the licence; or
(b) the licence is not in an approved market and the service
area of the licence is not wholly, or almost wholly, within the service area of another commercial television licence."; and
(j) by adding at the end the following subsections:

"(11) Where less than 50% of the circulation of a publication is
by way of sale, the publication shall be taken not to be a newspaper for the purposes of this Division.

"(12) Where, having regard to the ownership, editorial control

Back to Top

and style of 2 or more publications, it is reasonable to conclude that the publications should be treated as a single publication, the publications shall be taken to constitute a single publication for the purposes of this Division.".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 19

19. After section 91 of the Principal Act the following sections are inserted:

Meaning of control of licence
"91AAA. (1) For the purposes of sections 91, 92C and 92FAD, a person shall be deemed to be in a position to exercise control of a licence if:

(a) that person is the holder of the licence;
(b) that person is in a position to exercise control of the company that holds the licence; or
(c) that person is in a position to exercise control of:

(i) the operations of the licensee in providing the service pursuant
to the licence; or
(ii) the selection or provision of the programs to be broadcast
pursuant to the licence.

"(2) Paragraph (1) (c) does not apply to a person in relation to a licence:

(a) in the case of an advertiser or other person sponsoring a program or programs under an agreement made in the ordinary course of business - by reason only of his or her rights in respect of that program or those programs or of the fact that he or she has, under a contract relating to his or her sponsorship of that program or those programs, rights that are reasonably necessary to ensure to him or her the full commercial benefit of that sponsorship; or
(b) in the case of a person carrying on the business of supplying television programs - by reason only of his or her rights under a contract for the supply by him or her of programs to be televised pursuant to the licence, being rights created in good faith in the ordinary course of that business for the purpose only of protecting his or her commercial interests as a supplier of programs.

Meaning of control of newspaper
"91AAB. For the purposes of sections 91 and 92FAD, a person shall be deemed to be in a position to exercise control of a newspaper if the person is:

(a) where the publisher is a company - in a position to exercise control of the company;
(b) in any case - the publisher of the newspaper; or
(c) in any case - in a position to exercise control, either directly or indirectly, of:

(i) the operations of the publisher in publishing the newspaper;
or
(ii) the selection or provision of the material to be published in
the newspaper.

Meaning of control of company
"91AAC. (1) For the purposes of this Division, other than subsections 92D (2), (5) and (6), a person who:

(a) is in a position to exercise control of more than 15% of the maximum number of votes that could be cast on a poll at, or arising out of, a general meeting of a company, whether he or she is in such a position as regards all questions that could be submitted to such a poll or as regards one or more only of such questions;
(b) has shareholding interests in a company, being shareholding interests in respect of shares of a kind carrying voting rights on all questions at general meetings of the company, exceeding in amount 15% of the total of the amounts paid on all shares in the company of a kind carrying such voting rights; or
(c) has shareholding interests in a company exceeding in amount 15% of the total of the amounts paid on all shares in the company;
shall be deemed (but not to the exclusion of any other person) to be in a position to exercise control of that company, of any votes, in respect of another company, of which that company is in a position to exercise control and of all acts and operations of that company.

"(2) For the purposes of this section, where a person is deemed, by any application or applications of this section, to be in a position to exercise control of a company that has a shareholding interest in another company, that person shall be deemed (but not to the exclusion of any other person) to have that shareholding interest.

"(3) For the purposes of this section:

(a) in ascertaining the votes, in respect of a company, of which a person is in a position to exercise control, there shall be included any votes in respect of that company of which that person is deemed, by any application or applications of this section, to be in a position to exercise control; and
(b) in ascertaining the shareholding interests of a company in another company, there shall be included any shareholding interest that the first-mentioned company is deemed, by any application or applications of this section, to have in that other company.".

Minister may notify population figures
"91AAD. (1) The Minister may, by notice in writing published in the Gazette:

(a) specify a number as the declared population of Australia for the purposes of this Division; or

Back to Top

(b) specify a number as the population of the service area of a licence for the purposes of this Division.

"(2) Where the Minister specifies the service area population of a licence, the Minister shall include in the notice a specification of the percentage of the declared population of Australia constituted by the service area population of the licence.

"(3) Where an area (in this subsection referred to as the 'overlap area') within the service area of a licence is also within the service area of another licence, the notice specifying the service area population of the first licence shall specify the percentage of the service area population of the first licence that is attributable to the overlap area.

"(4) Where an area (in this subsection referred to as the 'overlap area') within the service area of a licence is also within the service area of 2 or more other licences, a notice specifying the service area population of the first licence shall specify the percentage of the service area population of the first licence that is attributable to the overlap area.

"(5) Where:

(a) a person has a prescribed interest in 2 or more licences; and
(b) the service areas of those licences overlap;
then, for the purposes of determining whether the person is contravening section 92, any population in an area of overlap shall only be counted once in determining the aggregate of the service area populations of the licences.

"(6) In exercising powers under subsection (1), the Minister shall:

(a) as soon as practicable after the commencement of this section, publish notices under that subsection in relation to the population of Australia and the population of the service area of each licence;
(b) ensure that when a census count is taken of the Australian population new notices under that subsection are published in relation to the Australian population and the population of the service areas of each licence as soon as practicable after the Australian Statistician publishes the results of that census count;
(c) ensure that when a licence is granted a notice in relation to the population of the service area of the licence is published as soon as practicable after the grant;
(d) ensure that when the service area of a licence is varied a new notice in relation to the population of the service area of the licence is published as soon as practicable after the variation; and
(e) ensure that notices under subsection (1) are published having regard to the most recently available official census count results.

"(7) Paragraph (6) (c) does not apply to:

(a) the grant of a licence by way of renewal;
(b) the grant of a licence in substitution for another licence under section 99 of the Broadcasting and Television Amendment Act 1985 where the Minister is not required to give a notice of the kind referred to in paragraph 99 (3) (c) of that Act in relation to the grant; or
(c) the grant of a licence in substitution for another licence under section 99A of that Act.

"(8) In this section, 'most recently available official census count results', in relation to a notice, means the results, as published by the Australian Statistician, of the most recent census count of the Australian population:

(a) that has been taken; and
(b) whose results have been published by the Australian Statistician.

Newspapers associated with commercial television licence service areas
"91AAE. (1) The Tribunal shall establish and maintain a register to be known as the Associated Newspaper Register.

"(2) Where the Tribunal is satisfied that not less than 50% of the circulation of a newspaper is within the service area of a licence, the Tribunal shall enter the name of the newspaper in the Associated Newspaper Register as a newspaper that is associated with the service area of that licence.

"(3) A person may:

(a) on payment of a prescribed fee (if any), inspect the Associated Newspaper Register; and
(b) on payment of a prescribed fee (if any), is entitled to be given a copy of, or an extract from, any entry in the Associated Newspaper Register.

"(4) The Tribunal shall review the Associated Newspaper Register on a quarterly basis and shall make any alterations to the Register that the Tribunal considers necessary as a result of any such review.

"(5) The Tribunal may supply copies of or extracts from the Associated Newspaper Register certified by the Chairman and a copy or extract so certified is admissible in evidence in all courts and proceedings without further proof or production of the original.".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 20
Tracing of shareholding interests through a series of companies

20. Section 91A of the Principal Act is amended by omitting from subsection (1) "92B" and substituting "91AAC".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 21 Subdivision heading

21. After section 91D of the Principal Act the following Subdivision heading
Back to Top

is inserted:

"Subdivision B - Limitation on ownership and control of commercial
television licences".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 22
Limitation of interests in commercial television licence

22. (1) Section 92 of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsections:

"(1) A person contravenes this section if, and so long as, the
person has a prescribed interest in:

(a) a licence whose service area population exceeds, or each of
2 or more commercial television licences the aggregate of whose service area populations exceeds, 60% of the declared population of Australia;
(b) each of 2 or more commercial television licences in the same
Territory; or
(c) each of 2 or more metropolitan commercial television licences
in the same State.

"(1AA) A person contravenes this section if, and so long as the
person has a prescribed interest in:

(a) a commercial television licence (in this subsection called
'licence A') that is in an approved market and in respect of which an MCS permit is in force; and
(b) another commercial television licence (in this subsection called
"licence B") that is a non-competitive licence;
unless:

(c) licence B is not in an approved market; and
(d) all the person's interests in licence B are interests of one or
more of the following kinds:

(i) interests in the company holding licence B of which
the person became the holder before the day on which the Minister gave notice under section 94J that the approved market referred to in paragraph (a) was proceeding towards aggregation via multi-channel services;
(ii) interests in licence B due to other circumstances that
came into existence before that day;
(iii) interests in the company holding licence B resulting
from the allotment or issue, on or after that day, of shares in, or debentures of, a company to a person where:

(A) the person, immediately before that day, held
shares in, or debentures of, that company; and
(B) the person received or receives the shares or
debentures so allotted or issued in accordance with rights of a kind enjoyed by the person in common with other holders of shares or debentures of the same class as the shares or debentures that were so held.

"(1AB) Where:

(a) an approved market is declared on a particular day (in this
section called the 'declaration day');
(b) a commercial television licence is within the approved market;
(c) before the declaration day an MCS permit had been granted
in respect of the licence; and
(d) before the declaration day a person had a prescribed interest
in the licence;
in determining whether the person contravenes this section by virtue of subsection (1AA) the following shall be disregarded:

(e) if the person held the licence immediately before the
declaration day - the holding by the person of that licence (including the licence as renewed);
(f) the holding by the person of interests in the company holding
the licence, being interests of which the person became the holder before the declaration day, or other circumstances that came into existence before that day;
(g) the holding by the person of interests in the company holding
the licence, being interests resulting from the allotment or issue, on or after the declaration day, of shares in, or debentures of, a company to a person who, immediately before that day, held shares in, or debentures of, that company, where that person received or receives the shares or debentures so allotted or issued in accordance with rights of a kind enjoyed by the person in common with the holders of shares or debentures of the same class as the shares or debentures that were so held.

"(1AC) Subsection (1AB) does not apply in relation to a person
at any time when that person is the holder of any interest (other than an interest referred to in paragraph (1AB) (g) in the company holding the licence of which the person became the holder on or after the declaration day.

"(1AD) The operation of subsection (1AC) is not affected by the
fact that, on or after the declaration day, there had been a reduction in the amount of the interest held by the person in the company."; and
(b) by omitting from paragraph (4B) (b) "or section 92FAB".

(2) Paragraph 92 (1) (a) of the Principal Act does not apply in relation to the holding of prescribed interests in commercial television licences on or after 28 November 1986 and before the commencement of this section.

(3) A person shall not be taken to be in contravention of section 92 of the Principal Act (being a contravention by virtue of the operation of subsection

Back to Top

92 (1AA) of that Act) in relation to any licences by reason only of one or more of the following:

(a) if the person held any of the licences immediately before 2 June 1987 and the holding of that licence did not, immediately before that day, result in a contravention by that person of section 92 of the Principal Act - the holding by the person of that licence (including that licence as renewed);
(b) the holding by the person of interests in any of the companies holding the licences, being interests of which the person became the holder before that day, or other circumstances that came into existence before that day, where:

(i) the holding of those interests or the existence of those
circumstances did not, immediately before that day, result in a contravention by that person of section 92 of the Principal Act; or
(ii) on or after that day action has been taken which, if it had
been taken before that day, would have caused the holding of those interests or the existence of those circumstances not to result in such a contravention;
(c) the holding by the person of interests in any of the companies holding the licences, being interests resulting from the allotment or issue, on or after that day, of shares in, or debentures of, a company to a person who, immediately before that day, held shares in, or debentures of, that company, where the person received or receives the shares or debentures so allotted or issued in accordance with rights of a kind enjoyed by the person in common with other holders of shares or debentures of the same class as the shares or debentures that were so held.

(4) Subsection (3) does not apply in relation to a person at any time when the person is the holder of any interest (other than an interest referred to in paragraph (3) (c) in the company holding any of the licences concerned if the person became the holder of the interest on or after 2 June 1987.

(5) The operation of subsection (4) is not affected by the fact that, on or after 2 June 1987 and before the person became the holder of the interest, there has been a reduction in the amount of the interest held by the person in the company.

(6) Subsection (3) ceases to apply in relation to a person if at any time the person has a prescribed interest in 3 or more licences that are in an approved market or approved markets and in respect of which MCS permits are in force.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 23
Repeal of sections

23. Sections 92A and 92B of the Principal Act are repealed.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 24
Directors

24. (1) Section 92C of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

"(1) A person contravenes this section if, and so long as, the person is a director of 2 or more companies that are, between them, in a position to exercise control of licences the aggregate of whose service area populations exceeds 60% of the declared population of Australia.

"(1AA) A person contravenes this section if, and so long as, the person:

(a) is a director of a company that is in a position to exercise control of a licence that is in an approved market and in respect of which an MCS permit is in force; and
(b) is a director of another company that is, or 2 or more other companies that, between them, are, in a position to exercise control of another commercial television licence that is a non-competitive licence;
unless;
(c) the licence referred to in paragraph (b) is not in an approved market; and
(d) the person has continued to hold the directorships from a time before the day on which the Minister gave notice under section 94J that the approved market referred to in paragraph (a) was proceeding towards aggregation via multi-channel services.

"(1AB) Where:

(a) an approved market is declared;
(b) a commercial television licence is within the approved market;
(c) before the approved market was declared an MCS permit had been granted in respect of the licence; and
(d) before the approved market was declared a person was a director of a company that was in a position to exercise control of the licence;
in determining whether the person contravenes this section by virtue of subsection (1AA) the holding by the person of the directorship referred to in paragraph (d) shall be disregarded.

"(1AC) Where:

(a) a person ceases to hold a directorship in a company; and
(b) immediately after the termination of that directorship (including that directorship as affected by a previous application of this subsection) the person commences to hold another directorship in that company;
then, for the purposes of subsections (1AA) and (1AB), the second directorship shall be taken to be part of the first directorship.".

(2) Where:

Back to Top

(a) a person holds directorships the holding of which would, but for this subsection, constitute a contravention of section 92C of the Principal Act by virtue of the operation of subsection (1AA) of that section; and
(b) the person has continued to hold the directorships from a time before 2 June 1987;
the person shall not be taken to be in contravention of that section by reason only of the holding of the directorships.

(3) Subsection (2) ceases to apply to a person if at any time the person is a director of 2 or more companies that, between them, are in a position to exercise control of 3 or more licences that are in an approved market or approved markets and in respect of which MCS permits are in force.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 25
Changes in ownership of shares etc.

25. Section 92F of the Principal Act is amended:

(a) by inserting after subparagraph (3) (a) (v) the following subparagraphs:

"(va) whether or not the prescribed party has a prescribed
interest in a newspaper associated with the service area of the licence and, if so, setting out particulars of each such prescribed interest;
(vb) whether or not, by reason of the interests to be held as a
result of the transaction, together with any other interest, the prescribed party will have a prescribed interest in a newspaper associated with the service area of the licence and, if so, setting out particulars of each such prescribed interest;";
(b) by inserting in subparagraph (3) (a) (vi) "or 92FAD" after "section 92C"; and
(c) by adding at the end the following subsection:

"(10) Where:

(a) a person acquired a prescribed interest in a commercial
television licence on or after 28 November 1986 and before the commencement of this subsection; and
(b) at the time when the person acquired that interest the person had a prescribed interest in a newspaper associated with the service area of the licence;
the person shall give the Tribunal notice in writing, within 28 days after the commencement of this subsection, setting out particulars of the person's prescribed interest in that newspaper.".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 26
Approval of transactions

26. Section 92FAA of the Principal Act is amended:

(a) by omitting from subparagraph (4) (b) (ii) "92B" and substituting "91AAC"; and
(b) by omitting from paragraph (4) (c) "92B" and substituting "91AAC".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 27

27. (1) After section 92FAA of the Principal Act the following Subdivision and heading are inserted:

"Subdivision C - Cross media rules".

Limitations on cross media interests that may be held by a person having
prescribed interest in a commercial television licence
"92FAB. (1) A person contravenes this section if, and so long as:

(a) the person has a prescribed interest in a commercial television licence; and
(b) the person has a prescribed interest in:

(i) a commercial radio licence that is an area of monopoly
within the service area of the commercial television licence; or
(ii) a newspaper that is associated with the service area of the
commercial television licence.

"(2) For the purposes of subsection (1), a commercial radio licence in which a person has a prescribed interest shall be taken to have an area of monopoly within the service area of a commercial television licence in which the person has a prescribed interest if:

(a) an area (in this subsection referred to as the 'overlap area') within the service area of the commercial radio licence is within the service area of the commercial television licence; and
(b) one of the following provisions applies:

(i) the overlap area is not within the service area of any other
commercial radio licence;
(ii) the overlap area is within the service area of another
commercial radio licence or other commercial radio licences and the person has a prescribed interest in that other licence or in each of those other licences.

"(3) A person who contravenes this section otherwise than as a result of a transaction in relation to which section 90J or 92F or subsection (8) applies to the person is guilty of a separate offence in relation to each day (including the day of a conviction under this subsection or any subsequent day) during which the contravention continues.

"(4) Where a person contravenes this section as a result of a transaction in relation to which section 90J applies to the person, subsections 90C (5B), (5C), (5D) and (5E) apply in relation to the contravention as if references in those subsections to section 90C were references to this section.

"(5) Subsections 90C (5B), (5C), (5D) and (5E) apply, for the purposes of

Back to Top

subsection (4) of this section, in relation to a transaction that took place before the commencement of this section as if:

(a) references in those subsections to the period of 6 months after the transaction takes place were references to the period of 6 months after the commencement of this section; and
(b) references to an offence against subsection 90J (7E) or (7F) or 90JA (10) in relation to the transaction were references to such an offence committed after the commencement of this section.

"(6) Where a person contravenes this section as a result of a transaction in relation to which section 92F applies to the person, subsections 92 (4B), (4C), (4D) and (4E) apply in relation to the contravention as if references in those subsections to section 92 were references to this section.

"(7) Subsections 92 (4B), (4C), (4D) and (4E) apply, for the purposes of subsection (6) of this section, in relation to a transaction that took place before the commencement of this section as if:

(a) references in those subsections to the period of 6 months after the transaction takes place were references to the period of 6 months after the commencement of this section; and
(b) references in those subsections to an offence against subsection 92F (7E) or (7F) or 92FAA (10) were references to such an offence committed after the commencement of this section.

"(8) This subsection applies to a person in relation to a transaction (whether or not the person is a party to the transaction) if:

(a) the transaction is in respect of shares in a company that publishes a newspaper, or shares in a company that has an interest in a company that publishes a newspaper; and
(b) the person is required by section 92FAC to give the Tribunal notice of an acquisition by the person of a prescribed interest in the newspaper, being an acquisition arising from the transaction.

"(9) Where a person contravenes this section as a result of a transaction, being a transaction in relation to which subsection (8) applies to the person, the person is guilty of a separate offence in respect of each day (including the day of a conviction under this subsection or any subsequent day) during which the contravention continues:

(a) if the person is guilty of an offence against subsection 92FAC (3) in relation to the transaction - after the day in respect of which the offence, or the first such offence, is committed and until the day in respect of which the person ceases to be guilty of any further offence against that subsection; or
(b) in any other case (including a case where the person is guilty of an offence against subsection 92FAC (3) in relation to the transaction but has subsequently ceased to be guilty of any further offence against that subsection - after the end of:

(i) if the transaction took place before the commencement of
this section - the period of 6 months after the commencement of this section; or
(ii) if the transaction takes place after the commencement of
this section - the period of 6 months after the transaction takes place;
or such further period as the Tribunal, on application, allows by notice in writing served on the person.

"(10) A person may apply to the Tribunal for an extension of the period referred to in subsection (9):

(a) if the person is a party to the relevant transaction - before the end of that period; or
(b) if the person is not a party to the relevant transaction - before the end of that period unless the Tribunal is satisfied that:

(i) the person's failure to apply before the end of that period
was due to circumstances beyond the person's control or occurred through the person's inadvertence; and
(ii) the person gave notice under section 92FAC as soon as
practicable after becoming aware of the contravention.

"(11) Where a single transaction results in a person having a prescribed interest in:

(a) both a commercial television licence and a commercial radio licence; or
(b) both a commercial television licence and a newspaper;
the person shall be taken, for the purposes of subsections (4), (6), (8) and (9), to have acquired the prescribed interest in the commercial television licence after acquiring the other interest.

Person having prescribed interest in commercial television licence to
notify Tribunal of prescribed interest in associated newspaper
"92FAC. (1) A person who has a prescribed interest in a commercial television licence shall give the Tribunal notice in writing of the acquisition by the person of a prescribed interest in a newspaper associated with the service area of the licence.

"(2) The notice under subsection (1) shall be given:

(a) if the acquisition occurs on or after 28 November 1986 and before the commencement of this section - not less than 28 days after the commencement of this section; or
(b) if the acquisition occurs after the commencement of this section - not less than 28 days after the acquisition occurs.

Back to Top

"(3) A person who fails to comply with subsection (1) is guilty of a separate offence in respect of each day (including the day of a conviction under this subsection or any subsequent day) during which the failure continues.

Limitations on cross media directorships
"92FAD. (1) A person contravenes this section if, and so long as:

(a) the person is a director of a company that is in a position to exercise control of a commercial television licence; and
(b) the person is also:

(i) a director of a company that is in a position to exercise
control of a commercial radio licence that has an area of monopoly within the service area of the commercial television licence;
(ii) a publisher of a newspaper that is associated with the service
area of the commercial television licence; or
(iii) a director of a company that is in a position to exercise
control of a newspaper that is associated with the service area of the commercial television licence.

"(2) A person who contravenes this section is guilty of a separate offence in respect of each day (including a day of a conviction under this subsection or any subsequent day) during which the contravention continues.

"(3) For the purposes of subsection (1), where:

(a) a person is a director of a company that is in a position to exercise control of a commercial television licence; and
(b) the person is also a director of a company that is in a position to exercise control of a commercial radio licence;
the commercial radio licence shall be taken to have an area of monopoly within the service area of the commercial television licence if:

(c) an area (in this subsection referred to as the 'overlap area') within the service area of the commercial radio licence is within the service area of the commercial television licence; and
(d) one of the following provisions applies:

(i) the overlap area is not within the service area of any other
commercial radio licence;
(ii) the overlap area is within the service area of one other
commercial radio licence and the person is a director of a company that is in a position to exercise control of that other commercial radio licence;
(iii) the overlap area is within the service areas of 2 or more
other commercial radio licences and the person is a director of a company that is, or 2 or more companies that between them are, in a position to exercise control of those other commercial radio licences.

"Subdivision D - Miscellaneous".

(2) A person shall not be taken to be in contravention of section 92FAB of the Principal Act in relation to:

(a) a commercial television licence and a commercial radio licence; or
(b) a commercial television licence and a newspaper;
by reason only of one or more of the following circumstances:

(c) if the person held the commercial television licence or commercial radio licence immediately before 28 November 1986 - the holding by the person of that licence (including that licence as renewed);
(d) if the person were the publisher of the newspaper immediately before 28 November 1986 - the person's continuing to be the publisher of the newspaper;
(e) the holding by the person of interests in the company holding the commercial television licence or the commercial radio licence, being interests of which the person became the holder before 28 November 1986, or other circumstances that came into existence before that day;
(f) the holding by the person of interests in a company that is a publisher of the newspaper, being interests of which the person became the holder before 28 November 1986, or other circumstances that came into existence before that day;
(g) the holding by the person of interests in the company holding the commercial television licence or the commercial radio licence, being interests resulting from the allotment or issue, on or after 28 November 1986, of shares in, or debentures of, a company to a person who, immediately before that day, held shares in, or debentures of, that company, where that person received or receives the shares or debentures so allotted or issued in accordance with rights of a kind enjoyed by the person in common with the holders of shares or debentures of the same class as the shares or debentures that were so held;
(h) the holding by the person of interests in a company that is a publisher of the newspaper, being interests resulting from the allotment or issue, on or after 28 November 1986, of shares in, or debentures of, a company to a person who, immediately before that day, held shares in, or debentures of, that company, where that person received or receives shares or debentures so allotted or issued in accordance with rights of a kind enjoyed by the person in common with other holders of shares or debentures of the same class as the shares or debentures that were so held;
where the existence of those circumstances immediately before 28 November 1986 would, had section 92FAB of the Principal Act been in force at that time, have constituted a contravention against that section.

(3) Subsection (2) does not apply in relation to a person at any time when that person is the holder of any interest (other than an interest referred to

Back to Top

in paragraph (2) (g) or (h)) in a company holding the licence, or publishing the newspaper, of which the person became the holder on or after 28 November 1986.

(4) The operation of subsection (3) is not affected by the fact that, on or after 28 November 1986 and before the person became the holder of the interest, there had been a reduction in the amount of the interest held by the person in the company.

(5) Where:

(a) immediately before 28 November 1986, a company (in this subsection called the "holding company") was in a position to exercise significant control over the company (in this subsection called the "licensee company") holding a commercial television licence; and
(b) on or after 28 November 1986, the holding company became or becomes the holder of a loan interest in the licensee company;
the following provisions have effect:

(c) subject to paragraph (d), the loan interest shall be disregarded for the purposes of the application of subsections (3) and (4) in relation to the holding company;
(d) paragraph (c) does not apply in relation to the holding company if:

(i) the holding company ceased or ceases, at any time on or
after 28 November 1986, to be in a position to exercise significant control of the licensee company; or
(ii) subsection (2) ceased or ceases, at any time on or after
28 November 1986, to apply in relation to the holding company;
(e) subject to paragraph (f), if immediately before 28 November 1986, a person, by reason of being in a position to exercise control of the holding company, held an interest in the licensee company, the loan interest shall be disregarded for the purposes of the application of subsections (3) and (4) in relation to the person;
(f) paragraph (e) does not apply in relation to the person if:

(i) the holding company ceased or ceases, at any time on or
after 28 November 1986, to be in a position to exercise significant control of the licensee company;
(ii) the person ceased or ceases, at any time on or after
28 November 1986, to be in a position to exercise control of the holding company; or
(iii) subsection (2) ceased or ceases, at any time on or after
28 November 1986, to apply in relation to the holding company or in relation to the person.

(6) For the purposes of subsection (5), a company shall be deemed to be in a position to exercise significant control of another company if, had the references in section 92B and 91AAC of the Principal Act to 15% been references to 50%, the first company would, in accordance with that section, be deemed to have been in a position to exercise control of the second company.

(7) Where:

(a) a licence (in this subsection referred to as the "new system licence") is granted, pursuant to section 99 or 99A of the Broadcasting and Television Amendment Act 1985, in substitution for another licence or licences (in this subsection referred to as the "old system licence or licences"); and
(b) but for subsection (2), a person would, immediately before the grant of the new system licence, have been in contravention of section 92FAB of the Principal Act as a result of being the holder of the old system licence or licences;
subsection (2) applies in relation to the holding by the person of the new system licence as if the person had held that licence immediately before 28 November 1986.

(8) Section 91A of the Principal Act applies for the purposes of subsections (2), (3) and (4) as if those subsections were included in Division 3 of Part IIIB of the Principal Act.

(9) Where:

(a) a person holds directorships the holding of which would, but for this subsection, constitute a contravention of section 92FAD of the Principal Act;
(b) the person held the directorships immediately before 28 November 1986; and
(c) the holding of those directorships would, if section 92FAD had been in force at that time, have constituted a contravention of that section;
the person shall not be taken to be in contravention of section 92FAD of the Principal Act by reason only of the holding of the directorships.

(10) Where:

(a) a person is the publisher of a newspaper;
(b) the person was the publisher of the newspaper immediately before 28 November 1986;
(c) the person holds a directorship or directorships, the holding of which, in conjunction with the person's being the publisher of the newspaper, would, but for this subsection, constitute a contravention of section 92FAD of the Principal Act;
(d) the person held the directorships immediately before 28 November 1986; and
(e) the holding of the directorship or directorships, in conjunction with

Back to Top

the person's being the publisher of the newspaper, would, if section 92FAD had been in force at that time, have constituted a contravention of that section;
the person shall not be taken to be in contravention of section 92FAD of the Principal Act by reason only of one or more of the following:

(f) the person's continuing to be the publisher of the newspaper;
(g) the holding by the person of that directorship or directorships.

(11) Where:

(a) a person holds a directorship in a company; and
(b) immediately after the termination of that directorship (including that directorship as affected by a previous application of this subsection) the person commences to hold another directorship in that company;
then, for the purposes of subsections (9) and (10), the second directorship shall be taken to be part of the first directorship.

(12) Where:

(a) a person contravenes section 92FAD of the Principal Act; and
(b) if section 92FAD of the Principal Act had come into operation on 28 November 1986, the contravention would have arisen on or after that date and before the commencement of this section;
the contravention is not an offence against section 92FAD of the Principal Act unless it continues after the end of the period of 6 months after the commencement of this section.

(13) As soon as practicable after the commencement of this section, the Tribunal shall, by notice in writing published in the Gazette, specify, in relation to each commercial television licence, the newspaper or newspapers (if any) that is or are to be treated, for the purposes of subsections (2) to (12), as having been associated, immediately before 28 November 1986, with the service area of that licence.

(14) The Tribunal shall not specify a newspaper, in the notice under subsection (13), as having been associated, immediately before 28 November 1986, with the service area of a licence unless the Tribunal is satisfied that not less than 50% of the circulation of the newspaper was, at that time, within that service area.

(15) Where a newspaper is specified in the notice under subsection (13) as a newspaper that is to be treated, for the purposes of subsections (2) to (12), as having been associated, immediately before 28 November 1986, with the service area of a commercial television licence, the newspaper shall, for the purposes of those subsections, be taken to have been associated with that service area at that time.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 28
Articles to contain certain provisions

28. Section 92G of the Principal Act is amended by inserting in subparagraph (1) (a) (i) "or 92FAB" after "section 92".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 29
Condition as to statutory declarations

29. Section 92H of the Principal Act is amended:

(a) by inserting in paragraph (a) "or her" after "his";
(b) by inserting after paragraph (a) the following paragraph:

"(aa) whether, to the best of his or her knowledge and belief,
there has been, at any time during that period, any contravention of section 92FAB by a person by virtue of holding a prescribed interest in the licence and:

(i) a prescribed interest in a commercial radio licence;
or
(ii) a prescribed interest in a newspaper;
and the particulars of any such contravention;";
(c) by inserting in paragraph (b) "or her" after "his";
(d) by inserting in paragraph (c) "or her" after "his"; and
(e) by inserting in paragraph (d) "or she" after "he".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 30
Powers of Federal Court of Australia

30. Section 92P of the Principal Act is amended:

(a) by omitting from paragraph (1) (a) ", 92FAA or 92FAB" and substituting "or 92FAA";
(b) by omitting from paragraph (1) (a) "or" (last occurring); and
(c) by inserting after paragraph (a) the following paragraph:

"(aa) for the purpose of preventing, or of preventing a
continuation of, a contravention of section 92FAB; or".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 31
Defences

31. Section 92Q of the Principal Act is amended by omitting "or 92FAB" and substituting ", 92FAB, 92FAC or 92FAD".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 32
Penalties

32. Section 92S of the Principal Act is amended:

(a) by omitting from subsection (1) "or 92" and substituting ", 92 or 92FAB"; and
(b) by omitting from subsection (2) "92FAB" and substituting "92FAC, 92FAD".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - PART III
PART III - AMENDMENTS OF THE BROADCASTING AND
TELEVISION AMENDMENT ACT 1985

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 33
Principal Act

33. The Broadcasting and Television Amendment Act 1985*2* is in this Part referred to as the Principal Act.

*2*No. 66, 1985, as amended. For previous amendments, see No. 191, 1985.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 34
Interpretation

34. Section 96 of the Principal Act is amended by omitting "as amended by this Act" from the definition of "amended Act" in subsection (1) and substituting "as in force at any time after the commencement date".

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - PART IV
PART IV - AMENDMENTS OF THE BROADCASTING
AMENDMENT ACT 1987

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 35
Principal Act

35. The Broadcasting Amendment Act 1987*3* is in this Part referred to as the Principal Act.

*3*No. 00, 1987.

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987 No. 68 of 1987 - SECT 36
Limitation of interests in commercial television licences

36. Section 13 of the Principal Act is amended by inserting after subsection (5) the following subsection:

"(5A) Section 91A of the Principal Act applies for the purposes of subsections (2), (3), (4) and (5) as if those subsections were included in Division 3 of Part IIIB of the Principal Act.".