Federal Register of Legislation - Australian Government

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Act No. 183 of 1987 as made
An Act to amend the Broadcasting Act 1942, the Broadcasting Amendment Act 1987 and the Broadcasting (Ownership and Control) Act 1987, and for related purposes
Date of Assent 26 Dec 1987
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015

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Broadcasting (Ownership and Control) Act (No. 2) 1987

No. 183 of 1987

 

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1.       Short title

2.       Commencement

PART II—AMENDMENT OF THE BROADCASTING ACT 1942

3.       Principal Act

4.       Limitation of interests in commercial television licences

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

6.       Limitations on cross media directorships

PART III—AMENDMENT OF THE BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987

7.       Principal Act

8.       Limitation of interests in commercial television licences

9.       Amendment of section 27

PART IV—AMENDMENT OF THE BROADCASTING AMENDMENT ACT 1987

10.     Principal Act

11.     Limitation of interests in commercial television licences

 


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Broadcasting (Ownership and Control) Act (No. 2) 1987

No. 183 of 1987

 

An Act to amend the Broadcasting Act 1942, the Broadcasting Amendment Act 1987 and the Broadcasting (Ownership and Control) Act 1987, and for related purposes

[Assented to 26 December 1987]

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 (Ownership and Control) Act (No. 2) 1987.


 

Commencement

2. (1) Section 1, this section and sections 3 and 5 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Part IV shall be deemed to have come into operation immediately after section 13 of the Broadcasting Amendment Act 1987 came into operation.

(3) The remaining provisions of this Act shall be deemed to have come into operation immediately after section 27 of the Broadcasting (Ownership and Control) Act 1987 came into operation.

 

PART II—AMENDMENT OF THE BROADCASTING ACT 1942

Principal Act

3. In this Part, “Principal Act” means the Broadcasting Act 19421.

Limitation of interests in commercial television licences

4. Section 92 of the Principal Act is amended:

(a) by omitting from subsection (1ac) “at any time when” and substituting “if and so long as”;

(b) by inserting after subsection (1ad) the following subsections:

“(1ae) Where:

(a) immediately before the declaration day, a person (in this subsection called the ‘shareholder’) held a shareholding interest in the company (in this subsection called the ‘licensee company’) holding the commercial television licence;

(b) the shareholder held that interest because the shareholder held a direct shareholding interest in a company (in this subsection called the ‘intervening company’) other than the licensee company;

(c) the intervening company became or becomes, on or after the declaration day, the holder of a further interest (whether a direct or indirect interest and whether a shareholding interest or another interest) in the licensee company; and

(d) the shareholder became or becomes, because of the circumstances referred to in paragraph (c), the holder of a further interest (whether a shareholding interest or another interest) in the licensee company;

subsection (1ac) does not apply in relation to the shareholder by reason only of the holding by the shareholder of the interest referred to in paragraph (d) if and so long as:

(e) the shareholder’s shareholding interest percentage in the licensee company is not greater than:

(i) the percentage that was the shareholder’s shareholding interest percentage in the licensee company immediately before the declaration day; or

(ii) if, at any time on or after the declaration day, the shareholder’s shareholding interest percentage in the licensee company has fallen below the percentage referred to in subparagraph (i)—that lower percentage or the lowest such percentage; and

(f) the shareholder is not in a position to exercise greater control of the licensee company than the shareholder was able to exercise immediately before the declaration day.

“(1af) Section 91a applies in calculating a person’s shareholding interest percentage in a company for the purposes of subsection (1ae), but section 91aac does not apply in calculating that percentage.

“(1ag) Where:

(a) a licence (in this subsection called the ‘consolidated licence’) is granted, pursuant to section 94zc or 94zg, as part of the consolidation of 2 or more other licences (in this subsection called the ‘former licences’);

(b) a person held a prescribed interest in one of the former licences immediately before the declaration day and has continued to hold a prescribed interest in that licence from that time until immediately before the grant of the consolidated licence; and

(c) immediately after the grant of the consolidated licence the person holds a prescribed interest in the consolidated licence;

subsection (1ab) applies in relation to the circumstances giving rise to the prescribed interest referred to in paragraph (c) as if those circumstances had existed immediately before the declaration day.”; and

(c) by adding at the end the following subsections:

“(5) A reference in this section to a person being the holder, before a particular day, of interests in a company holding a licence is a reference to the person being the holder of those interests in that company before that day whether or not, before that day, the company held the licence.

“(6) A reference in this section to a person’s shareholding interest percentage in a company is a reference to the percentage of the total amounts paid on all shares in the company represented by the person’s shareholding interests in the company.”.

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

5. Section 92fac of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

“(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 subsection—not more than 28 days after the commencement of this subsection; or

(b) if the acquisition occurs after the commencement of this subsection— not more than 28 days after the acquisition occurs.”.

Limitations on cross media directorships

6. Section 92fad of the Principal Act is amended by omitting from paragraph (1) (b) “a company” (wherever occurring) and substituting “another company”.

 

PART III—AMENDMENT OF THE BROADCASTING (OWNERSHIP AND CONTROL) ACT 1987

Principal Act

7. In this Part, “Principal Act” means the Broadcasting (Ownership and Control) Act 19872.

Limitation of interests in commercial television licences

8. Section 22 of the Principal Act is amended:

(a) by omitting from subsection (4) “at any time when” and substituting “if and so long as”;

(b) by inserting after subsection (5) the following subsections:

“(5a) Where:

(a) immediately before 2 June 1987, a person (in this subsection called the ‘shareholder’) held a shareholding interest in the company (in this subsection called the ‘licensee company’) holding a commercial television licence;

(b) the shareholder held that interest because the shareholder held a direct shareholding interest in a company (in this subsection called the ‘intervening company’) other than the licensee company;

(c) the intervening company became or becomes, on or after 2 June 1987, the holder of a further interest (whether a direct or indirect interest and whether a shareholding interest or another interest) in the licensee company; and

(d) the shareholder became or becomes, because of the circumstances referred to in paragraph (c), the holder of a further interest (whether a shareholding interest or another interest) in the licensee company;

subsection (4) does not apply in relation to the shareholder by reason only of the holding by the shareholder of the interest referred to in paragraph (d) if and so long as:

(e) the shareholder’s shareholding interest percentage in the licensee company is not greater than:

(i) the percentage that was the shareholder’s shareholding interest percentage in the licensee company immediately before 2 June 1987; or

(ii) if, at any time on or after 2 June 1987, the shareholder’s shareholding interest percentage in the licensee company has fallen below the percentage referred to in subparagraph (i)—that lower percentage or the lowest such percentage; and

(f) the shareholder is not in a position to exercise greater control of the licensee company than the shareholder was able to exercise immediately before 2 June 1987.

“(5b) Section 91a of the Principal Act applies in calculating a person’s shareholding interest percentage in a company for the purposes of subsection (5a), but section 91aac of the Principal Act does not apply in calculating that percentage.

“(5c) Where:

(a) a licence (in this subsection called the ‘consolidated licence’) is granted, pursuant to section 94zc or 94zg of the Principal Act, as part of the consolidation of 2 or more other licences (in this subsection called the ‘former licences’);

(b) a person held a prescribed interest in one of the former licences immediately before 2 June 1987 and has continued to hold a prescribed interest in that licence from that time until immediately before the grant of the consolidated licence; and

(c) immediately after the grant of the consolidated licence the person holds a prescribed interest in the consolidated licence;

subsection (3) applies in relation to the circumstances giving rise to the prescribed interest referred to in paragraph (c) as if those circumstances had existed immediately before 2 June 1987.”; and

(c) by adding at the end the following subsections:

“(7) Where:

(a) a licence (in this subsection called 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 called the ‘old system licence or licences’); and

(b) but for subsection (3), a person would, immediately before the grant of the new system licence, have been in contravention of section 92 of the Principal Act (being a contravention by virtue of the operation of subsection 92 (1aa) of that Act) as a result of being the holder of the old system licence or licences;


subsection (3) applies in relation to the holding by the person of the new system licence as if the person had held that licence immediately before 2 June 1987.

“(8) A reference in this section to a person being the holder, before 2 June 1987, of interests in a company holding a licence is a reference to the person being the holder of those interests in that company before 2 June 1987 whether or not, before 2 June 1987, the company held that licence.

“(9) A reference in this section to a person’s shareholding interest percentage in a company is a reference to the percentage of the total amounts paid on all shares in the company represented by the person’s shareholding interests in the company.”.

Amendment of section 27

9. Section 27 of the Principal Act is amended:

(a) by omitting from subsection (3) “at any time when” and substituting “if and so long as”;

(b) by inserting after subsection (4) the following subsections:

“(4a) Where:

(a) immediately before 28 November 1986, a person (in this subsection called the ‘shareholder’) held a shareholding interest in:

(i) the company (in this subsection called the ‘licensee company’) holding a commercial television licence or commercial radio licence; or

(ii) a company (in this subsection called the ‘publishing company’) that is the publisher of a newspaper;

(b) the shareholder held that interest because the shareholder held a direct shareholding interest in a company (in this subsection called the ‘intervening company’) other than the licensee company or publishing company;

(c) the intervening company became or becomes, on or after 28 November 1986, the holder of a further interest (whether a direct or indirect interest and whether a shareholding interest or another interest) in the licensee company or publishing company; and

(d) the shareholder became or becomes, because of the circumstances referred to in paragraph (c), the holder of a further interest (whether a shareholding interest or another interest) in the licensee company or publishing company;

subsection (3) does not apply in relation to the shareholder by reason only of the holding by the shareholder of the interest referred to in paragraph (d) if and so long as:

(e) the shareholder’s shareholding interest percentage in the licensee company or publishing company is not greater than:


(i) the percentage that was the shareholder’s shareholding interest percentage in that company immediately before 28 November 1986; or

(ii) if, at any time on or after 28 November 1986, the shareholder’s shareholding interest percentage in that company has fallen below the percentage referred to in subparagraph (i)—that lower percentage or the lowest such percentage; and

(f) the shareholder is not in a position to exercise greater control of the licensee company or publishing company than the shareholder was able to exercise immediately before 28 November 1986.

“(4b) Sections 90b and 91a of the Principal Act apply in calculating a person’s shareholding interest percentage in a company for the purposes of subsection (4a), but sections 90aab and 91aac of the Principal Act do not apply in calculating that percentage.

“(4c) Where:

(a) a licence (in this subsection called the ‘consolidated licence’) is granted, pursuant to section 94zc or 94zg of the Principal Act, as part of the consolidation of 2 or more other licences (in this subsection called the ‘former licences’);

(b) a person held a prescribed interest in one of the former licences immediately before 28 November 1986 and has continued to hold a prescribed interest in that licence from that time until immediately before the grant of the consolidated licence; and

(c) immediately after the grant of the consolidated licence the person holds a prescribed interest in the consolidated licence;

subsection (2) applies in relation to the circumstances giving rise to the prescribed interest referred to in paragraph (c) as if those circumstances had existed immediately before 28 November 1986.”;

(c) by inserting after subsection (6) the following subsection:

“(6a) Where the service area of a licence is or was altered (whether pursuant to section 94s or 94zh of the Principal Act or otherwise) at any time after 28 November 1986, subsection (2) applies in relation to the licence as if the alteration of the service area had occurred immediately before 28 November 1986.”;

(d) by inserting after subsection (8) the following subsection:

“(8a) Where, but for subsection (2), a company would contravene section 92fab of the Principal Act, a person does not contravene section 92fad of the Principal Act by reason only of holding a directorship in that company together with a directorship or directorships in a company that is a subsidiary, or companies that are subsidiaries, of the first company.”;


 

(e) by inserting after subsection (10) the following subsection:

“(10a) Where the service area of a licence is or was altered (whether pursuant to section 94s or 94zh of the Principal Act or otherwise) at -any time after 28 November 1986, subsections (9) and (10) apply in relation to the holding of a directorship of a company that is in a position to exercise control of the licence as if the alteration of the service area had occurred immediately before 28 November 1986.”;

(f) by adding at the end of subsection (12) “, or after the end of such further period as the Tribunal, on application to it made by the person before the end of the 6 month period, allows by notice in writing served on the person”; and

(g) by adding at the end the following subsections:

“(16) A reference in this section to a person being the holder, before 28 November 1986, of interests in a company:

(a) holding a commercial television licence or commercial radio licence; or

(b) that is a publisher of a newspaper;

is a reference to the person being the holder of those interests in that company before 28 November 1986 whether or not, before 28 November 1986, the company:

(c) held the commercial television licence or commercial radio licence; or

(d) was a publisher of the newspaper;

as the case requires.

“(17) A reference in this section to a person’s shareholding interest percentage in a company is a reference to the percentage of the total amounts paid on all shares in the company represented by the person’s shareholding interests in the company.

“(18) A reference in this section to a subsidiary of a company has the same meaning as it would have in the Companies Act 1981 if, in section 7 of that Act, references to corporations were references to companies.”.

 

PART IV—AMENDMENT OF THE BROADCASTING AMENDMENT ACT 1987

Principal Act

10. In this Part, “Principal Act” means the Broadcasting Amendment Act 19873

Limitation of interests in commercial television licences

11. Section 13 of the Principal Act is amended:

(a) by omitting from subsection (3) “at any time when” and substituting “if and so long as”;

(b) by inserting after subsection (4) the following subsections:

“(4a) Where:

(a) immediately before the commencement day, a person (in this subsection called the ‘shareholder’) held a shareholding

interest in the company (in this subsection called the ‘licensee company’) holding a licence;

(b) the shareholder held that interest because the shareholder held a direct shareholding interest in a company (in this subsection called the ‘intervening company’) other than the licensee company;

(c) the intervening company becomes, on or after the commencement day, the holder of a further interest (whether a direct or indirect interest and whether a shareholding interest or another interest) in the licensee company; and

(d) the shareholder became or becomes, because of the circumstances referred to in paragraph (c), the holder of a further interest (whether a shareholding interest or another interest) in the licensee company;

subsection (3) does not apply in relation to the shareholder by reason only of the holding by the shareholder of the interest referred to in paragraph (d) if and so long as:

(e) the shareholder’s shareholding interest percentage in the licensee company is not greater than:

(i) the percentage that was the shareholder’s shareholding interest percentage in the licensee company immediately before the commencement day; or

(ii) if, at any time on or after the commencement day, the shareholder’s shareholding interest percentage in the licensee company has fallen below the percentage referred to in subparagraph (i)—that lower percentage or the lowest such percentage; and

(f) the shareholder is not in a position to exercise greater control of the licensee company than the shareholder was able to exercise immediately before the commencement day.

“(4b) Where:

(a) a licence (in this subsection called the ‘consolidated licence’) is granted, pursuant to section 94zc or 94zg of the Principal Act, as part of the consolidation of 2 or more other licences (in this subsection called the ‘former licences’);

(b) a person held a prescribed interest in one of the former licences immediately before the commencement day and has continued to hold a prescribed interest in that licence from that time until immediately before the grant of the consolidated licence; and

(c) immediately after the grant of the consolidated licence the person holds a prescribed interest in the consolidated licence;

subsection (2) applies in relation to the circumstances giving rise to the prescribed interest referred to in paragraph (c) as if those

circumstances had existed immediately before the commencement day.”; and

(c) by inserting after subsection (5) the following subsections:

“(5a) a reference in this section to a person being the holder, before the commencement day, of interests in a company holding a licence is a reference to the person being the holder of those interests in that company before the commencement day whether or not, before the commencement day, the company held that licence.

“(5b) a reference in this section to a person’s shareholding interest percentage in a company is a reference to the percentage of the total amounts paid on all shares in the company represented by the person’s shareholding interests in the company.”.

 

NOTES

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 (as amended by No. 191, 1985 and Nos. 68 and 79, 1987), 166 and 191, 1985; Nos. 2 and 76, 1986; and Nos. 68, 79 and 80, 1987.

2. No. 68, 1987.

3. No. 79, 1987, as amended. For previous amendment, see No. 68 of 1987.

[Minister’s second reading speech made in—

Senate on 28 October 1987

House of Representatives on 10 December 1987]