BROADCASTING ACT 1942
- Reprinted as at 30 June 1990 (HISTACT CHAP 66 #DATE 30:06:1990)
*1*The Broadcasting Act 1942 as shown in this reprint comprises Act No. 33,
1942 amended as indicated in the Tables below.
The Broadcasting Act 1942 was modified by the A.C.T. Self-Government
(Consequential Provisions) Regulations as amended. (See Note 2)
(A Table showing renumbered Parts, Divisions and sections follows the
Table
of Amendments for the reader's convenience.)
Table of Acts
Act
Number Date of Date of commencement Application,
and year Assent saving or
transitional
provisions
Australian Broadcasting Act 1942
33, 1942 12 June 1 July 1942 (see Gazette
1942 1942,
p. 1505)
Australian Broadcasting Act 1946
39, 1946 14 Aug 1946 Ss. 3, 4, 6, 7 and 19: 27 S. 19
Feb 1947 (see Gazette 1947,
p. 453)
Remainder: 1 Oct 1946 (see
Gazette 1946, p. 2634)
Australian Broadcasting Act 1948
64, 1948 6 Dec 1948 15 Mar 1949 (see Gazette Ss. 6 (2)
1949, and 13 (2)
p. 375)
Statute Law Revision Act 1950
80, 1950 16 Dec 1950 31 Dec 1950 S. 16
Broadcasting Act 1951
41, 1951 5 Dec 1951 1 Jan 1952 (see Gazette S. 6
1951,
p. 3203)
Commonwealth Bank Act 1953 (a)
12, 1953 1 Apr 1953 29 Apr 1953 -
Broadcasting Act 1954
82, 1954 18 Nov 1954 6 Jan 1955 (see Gazette 1955, -
p. 43)
Broadcasting and Television Act 1956
33, 1956 20 June 1956 Ss. 53-55 and 58: Ss. 4, 14(2)
1 Jan 1957 and (3)
(see Gazette 1956, p.1897)
Remainder: 1 July 1956 (see
Gazette 1956, p. 1897)
as amended by
65, 1956 28 Sept 28 Sept 1956 S. 2 (2) and
1956 (3)
Broadcasting and Television Act (No. 2) 1956
65, 1956 28 Sept 28 Sept 1956 S. 2 (2) and
1956 (3)
Broadcasting and Television Act (No. 3) 1956
92, 1956 15 Nov 1956 1 Sept 1957 (see s. 2 and -
Gazette 1957, p. 2631)
Broadcasting and Television Act 1960
Ss. 17, 19-23, S. 30 (2)
32-34, 35 and (3)
(a), (b), 36, 37 and 38 (a):
3 July 1961 (see Gazette
1961,
p. 2531)
Remainder: Royal Assent
as amended by
32, 1961 2 June 1961 30 June 1961< -
Broadcasting and Television Act 1962
96, 1962 14 Dec 1962 28 May 1963 (see s. 2 and -
Gazette 1963, p. 1869)
Broadcasting and Television Act 1963
82, 1963 31 Oct 1963 28 Nov 1963 -
Broadcasting and Television Act 1964
67, 1964 30 Sept Ss. 1, 2, 7 (1) and (2): Ss. 5 (2),
1964 1 Oct 1964 6 (2), (3)
Remainder: 1 Apr 1965 (see and 7 (2)
Gazette 1965, p. 1259)
Broadcasting and Television Act (No. 2) 1964
121, 1964 24 Nov 1964 24 Nov 1964 -
Broadcasting and Television Act 1965
38, 1965 2 June 1965 2 June 1965 S. 11 (2)
Broadcasting and Television Act (No. 2) 1965
120, 1965 18 Dec 1965 18 Dec 1965 -
Broadcasting and Television Act 1966
57, 1966 29 Oct 1966 29 Oct 1966 -
Broadcasting and Television Act 1967
47, 1967 26 May 1967 26 May 1967 S. 4 (2)
Broadcasting and Television Act 1968
69, 1968 3 Oct 1968 3 Oct 1968 S. 2 (2)
Broadcasting and Television Act 1969
21, 1969 4 June 1969 4 June 1969 -
Broadcasting and Television Act (No. 2) 1969
31, 1969 4 June 1969 4 June 1969 S. 19
Broadcasting and Television Act 1971
8, 1971 29 Mar 1971 29 Mar 1971 S. 2 (2) and
(3)
Broadcasting and Television Act (No. 2) 1971
72, 1971 30 Sept 1 Oct 1971 -
1971
Salaries (Statutory Offices) Adjustment Act 1971 (b)
136, 1971 16 Dec 1971 16 Dec 1971 S. 2 (2)
Broadcasting and Television Act 1972
49, 1972 7 June 1972 7 June 1972 -
Broadcasting and Television Act 1973
50, 1973 14 June S. 5: 3 July 1973 -
1973 Remainder: Royal Assent
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1)
and 10
as amended by
20, 1974 25 July 31 Dec 1973
1974 -
Broadcasting and Television Act 1974
55, 1974 27 Sept 18 Sept 1974 Ss. 10 and
1974 11
Postal and Telecommunications Commissions (Transitional Provisions)
Act 1975
56, 1975 12 June Ss. 4 and 38: -
1975 1 July 1975 (see
s. 2 (1) and Gazette 1975,
No. S122)
Remainder: Royal Assent
Broadcasting and Television Amendment Act 1976
89, 1976 31 Aug 1976 Ss. 4, 15 and 18: -
1 July 1976
Ss. 5 and 6: 1 Sept 1976
Remainder: Royal Assent
Federal Court of Australia (Consequential Provisions) Act 1976
157, 1976 9 Dec 1976 1 Feb 1977 (see -
s. 2 and Gazette 1977, No. S3)
Broadcasting and Television Amendment Act (No. 2) 1976
187, 1976 15 Dec 1976 Ss. 3-13 and 15-18: 1 Jan Ss. 18-20
1977
S. 14: 22 Nov 1977 (see Gazette
1977, No. S259)
Remainder: Royal Assent
Broadcasting and Television Amendment Act 1977
160, 1977 10 Nov 1977 1 Jan 1978 (see Gazette S. 32 S. 33
1977, No. S259) (am. by 52,
1978, s. 3;
210
1978, ss. 8
and
9; 143, 1980,
s. 33; 113,
1981, s. 49)
as amended by
52, 1978 12 June 1978 12 June 1978 -
210, 1978 6 Dec 1978 6 Dec 1978 Ss. 9 and 10
143, 1980 19 Sept 1980 (see 143, 1980 below) Ss. 35 and 36
113, 1981 24 June (see 113, 1981 below) (see 113,
1981 No. S259) 1981 below)
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 12 June 1978 -
1978
Broadcasting and Television Amendment Act (No. 2) 1978
210, 1978 6 Dec 1978 6 Dec 1978 Ss. 9 and
10
Broadcasting and Television Amendment Act 1980
143, 1980 19 Sept S. 19 (a): 1 Jan 1978 Ss. 35 and
1980 Remainder: 1 Jan 1981 (see 36
Gazette 1980, No. S282)
Public Service and Statutory Authorities Amendment Act 1980
177, 1980 17 Dec 1980 Part III (ss. 49-51): Royal -
Assent (c)
Statute Law Revision Act 1981
61, 1981 12 June S. 115: Royal Assent (d) -
1981
Broadcasting and Television Amendment Act 1981
113, 1981 24 June S. 30: 10 Aug 1981 (see Gazette Ss. 48 and
1981 1981, No. S158) 51
Remainder: Royal Assent S. 52 (rep.
by 154, 1982,
s. 22)
as amended by
Statute Law
(Miscellaneous
Amendments) Act 1981
176, 1981 2 Dec 1981 Part XIX (s. 68): 30 -
Dec 1981 (e)
Broadcasting and Television Amendment Act 1982
154, 1982 31 Dec 1982 31 Dec 1982 -
Companies and Securities Legislation (Miscellaneous Amendments) Act
1981
153, 1981 26 Oct 1981 Part XI (s. 100): 1 July -
1982 (see Gazette 1982, No. S124)
(f)
Broadcasting and Television Amendment Act 1982
154, 1982 31 Dec 1982 31 Dec 1982 S. 24
Australian Broadcasting Corporation (Transitional Provisions and
Consequential
Amendments) Act 1983
7, 1983 1 June 1983 Ss. 1, 2, 15 (1) and 24: -
Royal Assent
Remainder: 1 July 1983 (see
s. 2 and Gazette 1983, No.
S124)
Broadcasting and Television Amendment (Election Blackout) Act 1983
37, 1983 19 June 19 June 1983 -
1983
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983
39, 1983 20 June S. 3: 18 July 1983 (g) -
1983
Statute Law (Miscellaneous Provisions) Act (No. 2) 1983
91, 1983 22 Nov 1983 S. 3: 20 Dec 1983 (h) S. 6 (1)
Radiocommunications (Transitional Provisions and Consequential Amendments)
Act 1983 136, 1983 22 Dec 1983 27 Aug 1985 (see s. 2 and -
Gazette 1985, No. S322)
Australian Government Solicitor (Consequential Amendments) Act 1984
10, 1984 10 Apr 1984 S. 3: 1 July 1984 (see Gazette -
1984, No. S231)
(j)
Public Service Reform Act 1984
63, 1984 25 June S. 151 (1): 1 July 1984 (see S. 151 (a)
1984 Gazette 1984, No. S245,
p. 2) (k)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984
72, 1984 25 June S. 3: 23 July 1984 (l) S. 5 (1)
1984
Broadcasting and Television Amendment Act 1984
163, 1984 25 Oct 1984 Ss. 1, 2, 5-7, 9 (a), 10, Ss. 3 (2)
12 (c), 15 (a), 18 (c), 16, and 22
20 and 22: Royal Assent Ss.
8, 9 (b)-(d), 11, 12 (a),
(b), (d)-(f), 13, 14, 15
(b)-(d), 17, 18 (a), (b),
(d)-(f) and 19: 19 July 1984
Ss. 3, 4 and 21: 1 Dec 1984
(see Gazette 1984, No. S507)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
165, 1984 25 Oct 1984 S. 3: 13 Dec 1984 (see Gazette Ss. 2 (32)
1984, No. S519) (m) and 9
Broadcasting and Television Amendment Act 1985
66, 1985 5 June 1985 Ss. 9 (2) and 14: 3 July Ss. 14 (2),
1985 (3), 65 (2),
Remainder: 1 Jan 1986 (3), 95 (6),
97 and
103-105
S. 96 (am.
by 68, 1987,
s. 34)
S. 98 (am.
by 191, 1985,
s. 19; 79,
1987, s. 31;
184, 1987,
s. 40; 146,
1988, s.
54) S.99 (am.
by 184, 1987,
s. 41) S. 99A
(ad. by 79,
1987, s. 32;
am. by 184, 1987,
s. 42) S. 100
(am. by 146,
1988, s. 54)
S. 101 (am.
by
56, 1988,
S.15)
S. 102 (am.
by
191, 1985,
s.20) as amended by
Broadcasting and
Television
Legislation Amendment Act 1985
191, 1985 16 Dec 1985 (see 191, 1985 -
Broadcasting
(Ownership and
Control) Act 1987
68, 1987 5 June 1987 (see 68, 1987 below) -
Broadcasting
Amendment Act 1987
79, 1987 5 June 1987 4 Aug 1987 -
Broadcasting
Amendment Act
(No. 3) 1987
184, 1987 30 Dec 1987 (see 184, 1987 below) -
Broadcasting
(Ownership and
Control) Act 1988
56, 1988 15 June 1988 (see 56, 1988 below) -
Broadcasting Legislation
Amendment Act 1988
146, 1988 26 Dec 1988 S. 54 (1) (a) and -
(2): 23 Jan 1989 (n)
S. 54 (1) (b):
4 Aug 1987 (n)
Public Service and Statutory Authorities Amendment Act 1985
166, 1985 11 Dec 1985 Part VI (s. 45): S. 45 (2)
8 Jan 1986 (p)
Broadcasting and Television Legislation Amendment Act 1985
191, 1985 16 Dec 1985 Ss. 4 (2), 6 (2), 7, 15 (2) Ss. 13 (2),
and 17-21: 14 (2) and
1 Jan 1986 (see 16
s. 2 (2))
Remainder: 31 Dec 1985
Broadcasting and Television Legislation Amendment Act 1986
2, 1986 19 Feb 1986 19 Feb 1986 S. 21 (ad.
by 76, 1986,
s. 3)
as amended by
Statute Law
(Miscellaneous
Provisions) Act (No. 1) 1986
76, 1986 24 June S. 3: (q) S. 9
1986
Broadcasting (Ownership and Control) Act 1987
68, 1987 5 June 1987 Ss. 1 and 2: 3 July 1987 S. 22 (2)
Ss. 15 and 28: 1 Oct 1987 S. 22 (3),
(see Gazette 1987, No. S136) (5) and (6)
Ss. 33 and 34: 1 Jan 1986 (rep. by 56,
Ss. 35 and 36: 4 Aug 1987 1988, s. 15)
(see s. 2 (3)) S. 22 (4)
Remainder: 1 July 1987 (see (am. by 183,
Gazette 1987, No. S136) 1987, s. 8;
rep. by 56,
1988, s. 15)
S. 22
(5A)-(5C)
and (7)-(9)
(ad. by 183,
1987,
s. 8; rep. by
56, 1988, s.
15) S. 24(2)
and (3) (rep.
56, 1988,
s. 15) S.
27(2)
(4), (5),
(6),
(7), (8), (9)
(10), (11)
and
(13)-(15)
(rep.
56, 1988,
s.15)
S. 27 (3) and
(12) (am.
183,
1987, s. 9;
rep. 56,
1988,
s. 15) S. 27
(4A)-(4C),
(6A), (8A), (10A) and
(16)-(18)
(ad.
183, 1987,
s.9;
rep. 56,
1988,
s. 15)
as amended by
183, 1987 26 Dec 1987 (see 183, 1987 below) -
56, 1988 15 June (see 56, 1988 below) S. 19
1988
Broadcasting Amendment Act 1987
79, 1987 5 June 1987 4 Aug 1987 S. 33
S. 13 (2),
(5) and (6)
(rep. by 56,
1988, s. 15)
S. 13 (3)
(am. by 183,
1987, s. 11;
rep. by 56,
1988, s.
15)
S.13 (4A),
(4B) and (5B)
(ad. by 183,
1987, s.11;
rep. by 56,
1988, s.15)
S. 13 (5A)
(ad. by 68,
1987, s. 36;
ad. by 183,
1987, s. 11;
rep. by 56,
1988, s. 15)
as amended by
Broadcasting
(Ownership and
Control) Act 1987
68, 1987 5 June 1987 (see 68, 1987 above) -
183, 1987 26 Dec 1987 (see 183, 1987 below) -
56, 1988 15 June (see 56, 1988 below) S. 19 (2)
1988
Broadcasting Amendment Act (No. 2) 1987
80, 1987 5 June 1987 14 Sept 1987 (see Gazette Ss. 6 and
1987, No. S231) 7
Broadcasting Amendment Act (No. 4) 1987
134, 1987 18 Dec 1987 18 Dec 1987 S. 6 (2)
Broadcasting (Ownership and Control) Act (No. 2) 1987
183, 1987 26 Dec 1987 Ss.1-3 and 5: Royal Assent -
Part IV (ss. 10 and 11) 4
Aug 1987 (see s. 2 (2))
Remainder: 1 July 1987 (see
s. 2 (3) and Gazette 1987,
No. S136)
Broadcasting Amendment Act (No. 3) 1987
184, 1987 30 Dec 1987 S. 34 (8): 4 Aug 1989 (see Ss. 14 (2),
Gazette 1989, No. S259) 16 (2), (3),
S. 40: 1 Jan 1986 (see s. 17 (2), (3),
2 (2)) 20 (2), (3),
Remainder: 27 Jan 1988 22 (2),
(3), 24 (2),
30 (2) and
33 (2)
S. 23 (2),
24 (3) and
34 (6) (am.
by 146, 1988,
s. 55)
S. 36 (am.
by 56, 1988,
s. 15)
as amended by
Broadcasting (Ownership and Control) Act 1988
56, 1988 15 June (see 56, 1988 below) Ss. 16-19
1988
Broadcasting
Legislation
Amendment Act 1988
146, 1988 26 Dec 1988 S. 55: 23 Jan 1989 (r) -
Broadcasting (Ownership and Control) Act 1988
56, 1988 15 June Ss. 6 (2), 7 (2), 12 and Ss. 16-19
1988 14 (2) (in part): 8 Dec 1988
(see Gazette 1988, No. S373)
S. 14 (2) (in part): 8 June
1987 (see Gazette 1988, No.
S373)
Remainder: Royal Assent
Statutory Instruments (Tabling and Disallowance) Legislation Amendment
Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
A.C.T. Self-Government (Consequential Provisions) Act 1988
109, 1988 6 Dec 1988 S. 32: 7 Dec 1988 (s) -
Broadcasting Legislation Amendment Act 1988
146, 1988 26 Dec 1988 Ss. 13, 14, 17-35, 37-46, Ss. 24 (2),
48 (1), 50 and 53: 23 Jan 25 (2), 28
1989 (t) (2), 30 (2),
Ss.15, 16, 36, 47, 48 (2) 33 (2), 34
and 49: 1 Mar 1989 (t) (2), (3),
46 (2), 50
and 53
as amended by
Transport and
Communications
Legislation
Amendment Act (No. 2) 1989
23, 1990 17 June Part 8 (ss. 20 and -
1990 21): Royal Assent (u)
Broadcasting (National Metropolitan Radio Plan) Act 1988
147, 1988 26 Dec 1988 26 Dec 1988 -
Transport and Communications Legislation Amendment Act 1989
29, 1989 22 May 1989 22 May 1989 -
Broadcasting (Ownership and Control) Act 1989
31, 1989 24 May 1989 24 May 1989 -
Telecommunications and Postal Services (Transitional Provisions and
Consequential Amendments) Act 1989
63, 1989 19 June Ss. 1 and 2: Royal Assent -
1989 Part 5 (ss. 17 and 18): 30
June 1989 (see s. 2 (3) and
Gazette 1989, No. S216)
Remainder: 1 July 1989 (see
Gazette 1989, No. S230)
Transport and Communications Legislation Amendment Act (No. 2) 1989
23, 1990 17 Jan 1990 Part 7 (ss. 17-19): Royal -
Assent (v)
______________________________________________________________________________
__ (a) The Commonwealth Bank Act 1953 was repealed by section 4 of the Reserve
Bank Act 1959. Subsection 4 (2) of that Act provides as follows:
'(2) The last preceding subsection does not affect the operation of any
amendment of an Act made by an Act referred to in that subsection or any
provision for the citation of an Act as so amended.'
(b) The Salaries (Statutory Offices) Adjustment Act 1971 was repealed by
section 7 of the Statute Law Revision Act 1973. Subsection 7 (2) of that Act
provides as follows:
'(2) The repeal of an Act by this section does not affect the operation of:
(a) any amendment of another Act made by the repealed Act; or
(b) any provision for the citation of that other Act as amended by the
repealed Act.'
(c) The Broadcasting Act 1942 was amended by Part III (sections 49-51) only
of the Public Service and Statutory Authorities Amendment Act 1980, subsection
2 (1) of which provides as follows: '(1) Sections 1, 2, 3 and 4, subsections
5 (2) and 7 (2), (5), (6) and (7), sections 8, 9, 10, 11, 12, 13, 16, 17, 18
and 19, subsections 21 (1) and 37 (5), sections 38, 43 and 44, subsection 45
(10) and sections 46 to 66 (inclusive) shall come into operation on the day on
which this Act receives the Royal Assent.'
(d) The Broadcasting Act 1942 was amended by section 115 only of the Statute
Law Revision Act 1981, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the day
on which it receives the Royal Assent.'
(e) The Broadcasting and Television Amendment Act 1981 was amended by Part
XIX (section 68) only of the Statute Law (Miscellaneous Amendments) Act 1981,
subsection 2 (12) of which provides as follows:
'(12) The remaining provisions of this Act shall come into operation on the
twenty-eighth day after the day on which this Act receives the Royal Assent.'
(f) The Broadcasting Act 1942 was amended by Part XI (section 100) only of
the Companies and Securities Legislation (Miscellaneous Amendments) Act 1981,
subsection 2 (4) of which provides as follows:
'(4) Parts VII, VIII, IX, X and XI shall come into operation on the day on
which the Companies Act 1981 comes into operation.'
(g) The Broadcasting Act 1942 was amended by section 3 only of the Statute
Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2 (1) of which
provides as follows:
'(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent.'
(h) The Broadcasting Act 1942 was amended by section 3 only of the Statute
Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2 (1) of which
provides as follows:
'(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent.'
(j) The Broadcasting Act 1942 was amended by section 3 only of the
Australian Government Solicitor (Consequential Amendments) Act 1984, section 2
(1) of which provides as follows:
'(1) Subject to subsection (2), this Act shall come into operation, or shall
be deemed to have come into operation, as the case requires, on the day on
which section 7 of the Judiciary Amendment Act (No. 2) 1984 comes into
operation.'
(k) The Broadcasting Act 1942 was amended by subsection 151 (1) only of the
Public Service Reform Act 1984, subsection 2 (4) of which provides as
follows:
'(4) The remaining provisions of this Act shall come into operation on such
day as is, or on such respective days as are, fixed by Proclamation.'
(l) The Broadcasting Act 1942 was amended by section 3 only of the Statute
Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2 (1) of which
provides as follows:
'(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent.'
(m) The Broadcasting Act 1942 was amended by section 3 only of the Statute
Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (29) of which
provides that section 9 and the amendments made to the Broadcasting Act 1942
shall come into operation on the day fixed by Proclamation for the purposes of
subsection 2 (20) of that Act.
(n) The Broadcasting and Television Amendment Act 1985 was amended by
section 54 only of the Broadcasting Legislation Amendment Act 1988,
subsections 2 (1) and (5) of which provide as follows:
'(1) Subject to subsections (2), (3), (4) and (5), this Act commences on the
twenty-eighth day after the day on which it receives the Royal Assent.'
'(2) Paragraph 54 (1) (b) is deemed to have commenced on 4 August 1987.'
(p) The Broadcasting Act 1942 was amended by Part IV (section 45) only of
the Public Service and Statutory Authorities Amendment Act 1985, subsection 2
(7) of which provides as follows:
'(7) The remaining provisions of this Act shall come into operation on the
twenty-eighth day after the day on which this Act receives the Royal Assent.'
(q) The Broadcasting and Television Legislation Amendment Act 1986 was
amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act
(No. 1) 1986, subsection 2 (5) of which provides as follows:
'(5) The amendments of the Broadcasting and Television Legislation Amendment
Act 1986 made by this Act shall be deemed to have come into operation on 19
February 1986.'
(r) The Broadcasting Amendment Act (No. 3) 1987 was amended by section 55
only of the Broadcasting Legislation Amendment Act 1988, subsection 2 (1) of
which provides as follows:
'(1) Subject to subsection (2), (3), (4) and (5), this Act commences on the
twenty-eighth day after the day on which it receives the Royal Assent.'
(s) The Broadcasting Act 1942 was amended by section 32 only of the A.C.T.
Self-Government (Consequential Provisions) Act 1988, subsection 2 (3) of which
provides as follows:
'(3) The remaining provisions of this Act (including the amendments made by
Schedule 5) commence on a day or days to be fixed by Proclamation.'
Section 32 so far as it relates to the Broadcasting Act 1942 commenced on 7
December 1988 (see Gazette 1988, No. S374).
(t) The Broadcasting Act 1942 was amended by sections 13-50 and 53 only of
the Broadcasting Legislation Amendment Act 1988, subsections 2 (1) and (3) of
which provide as follows:
'(1) Subject to subsections (2), (3), (4) and (5), this Act commences on the
twenty-eighth day after the day on which it receives the Royal Assent.
'(3) Sections 15, 16, and 36, subsection 48 (2), section 49 and Schedules 2,
4 and 5 commence on 1 March 1989.'
(u) The Broadcasting Legislation Amendment Act 1988 was amended by Part 8
(sections 20 and 21) only of the Transport and Communications Legislation
Amendment Act (No. 2) 1989, subsection 2 (3) of which provides as follows:
'(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.'
'(3) The amendment of the Broadcasting Legislation Amendment Act 1988 made
by this Act is to be taken to have commenced on the day on which that
first-mentioned Act received the Royal Assent.'
(v) The Broadcasting Act 1942 was amended by Part 7 (sections 17-19) only
of the Transport and Communications Legislation Amendment Act (No. 2) 1989,
subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.'
Table of Amendments
Certain provisions of the Broadcasting Act 1942 were repealed either prior
to renumbering by the Broadcasting and Television Act 1956 (No. 33, 1956) or
by that Act. The amendment history of the repealed provisions appears in Table
1 below.
TABLE 1
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected
How affected
S. 15A
ad. No. 64, 1948
rep. No. 33, 1956
Ss. 29-31
rep. No. 64, 1948
S. 35
rep. No. 64, 1948
S. 38
am. No. 64, 1948
rep. No. 33, 1956
S. 39
rep. No. 33, 1956
Part IV (ss. 72-80, 83-85)
rep. No. 33, 1956
Ss. 72-80
rep. No. 33, 1956
Ss. 81, 82
rep. No. 39, 1946
Ss. 83, 84
rep. No. 33, 1956
S. 85
am. No. 64, 1948
rep. No. 33, 1956
S. 99
am. No. 39, 1946
rep. No. 41, 1951
S. 100
rs. No. 39, 1946
rep. No. 41, 1951
S. 101
rep. No. 41, 1951
The Schedule
rep. No. 33, 1956
The amendment history of the Broadcasting Act 1942 after renumbering by
the
Broadcasting and Television Act 1956 appears in Table 2 below.
TABLE 2
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected
How affected
Title
am. No. 64, 1948; No. 33, 1956; No. 66, 1985
S. 1
am. No. 121, 1964; No. 120, 1965; No. 31, 1969; No. 72, 1971; No.
66, 1985
S. 3
am. No. 39, 1946; No. 64, 1948
rs. No. 33, 1956
am. No. 36, 1960; No. 82, 1963; No. 38, 1965; No. 31, 1969; No. 8,
1971
rep. No. 216, 1973 (as am. by No. 20, 1974)
S. 4
am. No. 64, 1948; No. 40, 1951
rs. No. 33, 1956
am. No. 36, 1960; No. 82, 1963; No. 67, 1964; No. 31, 1969; No. 8,
1971; No. 216, 1973 (as am. by No. 20, 1974); No. 55, 1974; Nos. 89
and 187, 1976; No. 160, 1977; No. 143, 1980; No. 113, 1981; No.
154,
1982; No. 7, 1983; No. 72, 1984; Nos. 66 and 191, 1985; Nos. 79 and
184, 1987; Nos. 109, 146 and 147, 1988; No. 63, 1989
S. 5
rep. No. 216, 1973 (as am. by No. 20, 1974)
S. 6
am. No. 216, 1973 (as am. by No. 20, 1974)
Heading to Part IA
rs. No. 66, 1985
Part IA (s. 6A)
ad. No. 136, 1983
S. 6A
ad. No. 136, 1983
am. No. 66, 1985; No. 79, 1987; No. 146, 1988
S. 6B
ad. No. 66, 1985
rs. No. 146, 1988
S. 6C
ad. No. 66, 1985
am. No. 63, 1989
Part II (ss. 7-17, 26-29)
ad. No. 64, 1948
Div. 1 of Part II (ss. 7-15)
rep. No. 187, 1976
Div. 1 of Part II (ss. 7-15, 15A-15F)
ad. No. 187, 1976
S. 7
ad. No. 64, 1948
rs. No. 187, 1976
S. 8
ad. No. 64, 1948
am. No. 82, 1954; No. 33, 1956; No. 36, 1960; No. 21, 1969; No. 89,
1976
rs. No. 187, 1976
am. No. 154, 1982
S. 9
ad. No. 64, 1948
am. No. 82, 1954; No. 36, 1960; No. 216, 1973 (as am. by No. 20,
1974); No. 89, 1976
rs. No. 187, 1976; No. 160, 1977
S. 10
ad. No. 64, 1948
am. No. 82, 1954
rs. No. 21, 1969; No. 187, 1976
am. No. 160, 1977
S. 11
ad. No. 64, 1948
rs. Nos. 8 and 136, 1971
am. No. 50, 1973
rs. No. 187, 1976
am. No. 160, 1977; No. 143, 1980; No. 184, 1987
S. 12
ad. No. 64, 1948
am. No. 72, 1971
rs. No. 187, 1976
am. No. 160, 1977; No. 184, 1987
S. 13
ad. No. 64, 1948
am. No. 82, 1954
rs. No. 36, 1960; No. 187, 1976
am. No. 184, 1987
S. 14
ad. No. 64, 1948
am. No. 82, 1954; No. 72, 1971
rs. No. 187, 1976
S. 15
ad. No. 64, 1948
am. No. 21, 1969; No. 216, 1973 (as am. by No. 20, 1974)
rs. No. 187, 1976
S. 15A
ad. No. 187, 1976
am. No. 160, 1977
S. 15B
ad. No. 187, 1976
am. No. 160, 1977; No. 184, 1987
S. 15C
ad. No. 187, 1976
rs. No. 160, 1977
am. No. 113, 1981; No. 163, 1984; Nos. 66 and 191, 1985; No. 184,
1987
S. 15D
ad. No. 187, 1976
S. 15E
ad. No. 187, 1976
am. No. 113, 1981; No. 184, 1987
S. 15F
ad. No. 187, 1976
rep. No. 160, 1977
Heading to Div. 2 of Part II
am. No. 187, 1976
S. 16
ad. No. 64, 1948
am. No. 33, 1956; No. 36, 1960; No. 38, 1965; No. 56 ,1975; No. 89,
1976
rs. No. 187, 1976; No. 160, 1977
am. No. 143, 1980; No. 113, 1981; No. 66, 1985 (as am. by No. 191,
1985); No. 191, 1985; No. 79, 1987; Nos. 56 and 146, 1988
S. 16A
ad. No. 66, 1985
S. 17
ad. No. 64, 1948
am. No. 38, 1965; Nos. 89 and 187, 1976; No. 113, 1981; Nos. 99 and
146, 1988
Heading to Div. 3 of Part II
am. No. 187, 1976
Div. 3 of Part II (ss. 18-25)
ad. No. 33, 1956
S. 17A
ad. No. 66, 1985
am. No. 191, 1985; Nos. 79 and 184, 1987; Nos. 56 and 146, 1988
Ss. 17B, 17C
ad. No. 66, 1985
S. 18
ad. No. 33, 1956
am. No. 38, 1965; No. 187, 1976; No. 160, 1977; No. 143, 1980; No.
113, 1981; No. 7, 1983; No. 66, 1985
S. 18A
ad. No. 66, 1985; No. 79, 1987; No. 146, 1988
S. 19
ad. No. 33, 1956
am. No. 187, 1976
rs. No. 160, 1977
am. No. 66, 1985
S. 20
ad. No. 33, 1956
am. No. 187, 1976
rep. No. 66, 1985
S. 21
ad. No. 33, 1956
am. No. 187, 1976
rs. No. 160, 1977
am. No. 113, 1981
S. 21AA
ad. No. 160, 1977
S. 21AB
ad. No. 160, 1977
am. No. 66, 1985
S. 21A
ad. No. 36, 1960
am. No. 187, 1976; No. 10, 1984; No. 66, 1985
S. 22
ad. No. 33, 1956
am. No. 36, 1960; Nos. 89 and 187, 1976; No. 113, 1981; No. 66,
1985
S. 22AA
ad. No. 160, 1977
rs. No. 66, 1985
S. 22A
ad. No. 187, 1976
am. No. 160, 1977; No. 184, 1987
S. 22B
ad. No. 113, 1981
am. No. 66, 1985
S. 22C
ad. No. 113, 1981
S. 23
ad. No. 33, 1956
am. No. 36, 1960; No. 187, 1976; No. 160, 1977
S. 24
ad. No. 33, 1956
am. No. 187, 1976; No. 160, 1977; No. 66, 1985
S. 25
ad. No. 33, 1956
am. No. 36, 1960; No. 187, 1976; No. 160, 1977; No. 66, 1985
S. 25AA
ad. No. 160, 1977
am. No. 113, 1981
rs. No. 66, 1985
am. No. 79, 1987
S. 25AB
ad. No. 160, 1977
S. 25A
ad. No. 187, 1976
am. No. 160, 1977; No. 163, 1984; No. 184, 1987
S. 25B
ad. No. 160, 1977
am. No. 66, 1985; No. 184, 1987
Heading to Div. 4 of Part II
rs. No. 8, 1971
am. No. 187, 1976
S. 26
ad. No. 64, 1948
am. No. 12, 1953; No. 33, 1956; No. 36, 1960
rs. No. 8, 1971
am. No. 187, 1976; No. 36, 1978; No. 113, 1981
S. 26A
ad. No. 146, 1988
S. 27
ad. No. 64, 1948
rs. No. 8, 1971
am. No. 187, 1976
S. 27A
ad. No. 8, 1971
am. No. 187, 1976; No. 36, 1978
rs. No. 143, 1980
am. No. 146, 1988
Ss. 27AA, 27AB
ad. No. 143, 1980
S. 27B
ad. No. 8, 1971
am. No. 187, 1976
S. 27C
ad. No. 8, 1971
am. Nos. 89 and 187, 1976
rep. No. 143, 1980
S. 27D
ad. No. 8, 1971
am. Nos. 89 and 187, 1976; No. 113, 1981
S. 27E
ad. No. 143, 1980
Heading to Div. 5 of Part II
ad. No. 8, 1971
S. 28
ad. No. 64, 1948
am. No. 33, 1956; No. 8, 1971; Nos. 89 and 187, 1976; No. 36, 1978;
No. 113, 1981; No. 7, 1983
S. 28A
ad. No. 36, 1960
am. No. 55, 1975; No. 89, 1976
rep. No. 187, 1976
ad. No. 160, 1977
S. 29
ad. No. 64, 1948
rs. No. 33, 1956
am. No. 187, 1976
Heading to Part III
rs. No. 33, 1956
Div. 1 of Part III (ss. 30-32, 34-40)
rep. No. 7, 1983
S. 30
rep. No. 7, 1983
S. 31
am. No. 64, 1948; No. 33, 1956; No. 47, 1967
rs. No. 187, 1976
am. No. 7, 1983
rep. No. 7, 1983
S. 32
am. No. 64, 1948; No. 33, 1956
rs. No. 36, 1960
am. No. 47, 1967
rs. No. 187, 1976
rep. No. 7, 1983
S. 33
am. No. 64, 1948
rs. No. 33, 1956; Nos. 8 and 136, 1971
rep. No. 187, 1976
Ss. 34-36
am. No. 33, 1956
rep. No. 7, 1983
S. 37
rs. No. 36, 1960
am. No. 187, 1976; No. 113, 1981
rep. No. 7, 1983
S. 38
am. No. 33, 1956
rs. No. 36, 1960
am. No. 113, 1981
rep. No. 7, 1983
S. 39
am. No. 64, 1948; No. 187, 1976; No. 113, 1981
rep. No. 7, 1983
S. 40
ad. No. 33, 1956
rs. No. 8, 1971
am. No. 113, 1981
rep. No. 7, 1983
Div. 2 of Part III (ss. 41-58)
ad. No. 39, 1946
Div. 2 of Part III (ss. 41-44, 44A, 45, 46, 46A, 47, 48, 48A, 49-52, 54-58)
rep. No. 7, 1983
S. 41
ad. No. 39, 1946
rep. No. 7, 1983
S. 42
ad. No. 39, 1946
am. No. 177, 1980
rep. No. 7, 1983
S. 43
rs. No. 39, 1946
am. No. 33, 1956; No. 36, 1960; Nos. 8 and 136, 1971; No. 50, 1973;
No. 216, 1973 (as am. by No. 20, 1974); Nos. 89 and 187, 1976
rep. No. 7, 1983
S. 44
ad. No. 39, 1946
rep. No. 36, 1960
ad. No. 177, 1980
am. No. 61, 1981; No. 113, 1981 (as am. by No. 176, 1981)
rep. No. 7, 1983
S. 44A
ad. No. 177, 1980
am. No. 113, 1981
rep. No. 7, 1983
S. 45
ad. No. 39, 1946
am. No. 36, 1960; Nos. 89 and 187, 1976
rep. No. 7, 1983
S. 46
ad. No. 39, 1946
am. No. 39, 1960; Nos. 89 and 187, 1976; No. 113, 1981
rep. No. 7, 1983
S. 46A
ad. No. 36, 1960
am. No. 57, 1966
rs. No. 47, 1967
am. No. 89, 1976
rs. No. 187, 1976
rep. No. 7, 1983
S. 47
ad. No. 39, 1946
rep. No. 7, 1983
S. 48
ad. No. 39, 1946
am. No. 64, 1948; No. 113, 1981
rep. No. 7, 1983
S. 48A
ad. No. 47, 1967
am. No. 8, 1971; No. 216, 1973 (as am. by No. 20, 1974); No. 89,
1976; No. 113, 1981
rep. No. 7, 1983
S. 49
ad. No. 39, 1946
am. No. 113, 1981
rep. No. 7, 1983
S. 50
ad. No. 39, 1946
am. No. 216, 1973 (as am. by No. 20, 1974)
rep. No. 7, 1983
S. 51
ad. No. 39, 1946
am. No. 113, 1981
rep. No. 7, 1983
S. 52
ad. No. 39, 1946
rep. No. 7, 1983
S. 53
ad. No. 39, 1946
rep. No. 47, 1967
S. 54
ad. No. 39, 1946
am. No. 113, 1981
rep. No. 7, 1983
S. 55
ad. No. 39, 1946
rep. No. 7, 1983
S. 56
ad. No. 39, 1946
rs. No. 36, 1960
am. No. 57, 1966; No. 216, 1973 (as am. by No. 20, 1974); No. 89,
1976; No. 113, 1981
rep. No. 7, 1983
S. 57
ad. No. 39, 1946
am. No. 36, 1960; No. 57, 1966; No. 113, 1981
rep. No. 7, 1983
S. 58
ad. No. 39, 1946
am. No. 216, 1973 (as am. by No. 20, 1974); No. 89, 1976; No. 113,
1981
rep. No. 7, 1983
S. 59
am. No. 64, 1948; No. 33, 1956; No. 56, 1975; No. 89, 1976; No.
160,
1977; No. 143, 1980
rep. No. 7, 1983
S. 60
am. No. 33, 1956; No. 89, 1976
rs. No. 113, 1981
am. No. 7, 1983
S. 61
am. No. 33, 1956; No. 57, 1966; No. 8, 1971; No. 187, 1976; No.
143,
1980
rep. No. 7, 1983
S. 62
am. No. 33, 1956; No. 57, 1966; No. 8, 1971; No. 187, 1976
rep. No. 143, 1980
S. 63
am. No. 64, 1948; No. 56, 1975
rs. No. 160, 1977
am. No. 113, 1981; No. 7, 1983
S. 64
rs. No. 33, 1956
am. No. 7, 1983
S. 65
am. No. 33, 1956; No. 47, 1967; No. 89, 1976; No. 113, 1981
rep. No. 7, 1983
S. 66
rs. No. 39, 1946
rep. No. 7, 1983
S. 67
am. No. 33, 1956
rep. No. 7, 1983
S. 68
rs. No. 64, 1948; No. 8, 1971
am. No. 36, 1978; No. 113, 1981
rep. No. 7, 1983
S. 69
am. No. 39, 1946
rs. No. 64, 1948
am. No. 12, 1953; No. 36, 1960
rs. No. 8, 1971
rep. No. 7, 1983
S. 70
rs. No. 8, 1971
am. No. 36, 1978
rs. No. 143, 1980
rep. No. 7, 1983
S. 70A
ad. No. 143, 1980
rep. No. 7, 1983
S. 70B
ad. No. 143, 1980
am. No. 113, 1981
rep. No. 7, 1983
S. 71
am. No. 39, 1946; No. 33, 1956; No. 57, 1966
rs. No. 8, 1971
rep. No. 7, 1983
S. 71A
ad. No. 8, 1971
am. No. 89, 1976
rep. No. 143, 1980
S. 71B
ad. No. 8, 1971
am. No. 89, 1976; No. 113, 1981
rep. No. 7, 1983
S. 72
rs. No. 143, 1980
am. No. 7, 1983
S. 73
rs. No. 33, 1956
am. No. 56, 1975; No. 89, 1976
rs. No. 160, 1977
am. No. 143, 1980; No. 7, 1983
S. 74
ad. No. 33, 1956
am. No. 56, 1975; No. 89, 1976
rs. No. 160, 1977
am. No. 113, 1981; No. 7, 1983; No. 63, 1989
Div. 5A of Part III (ss. 75, 76, 76A)
ad. No. 143, 1980
rep. No. 66, 1985
Ss. 75, 76
am. No. 33, 1956; No. 56, 1975
rep. No. 160, 1977
ad. No. 143, 1980
am. No. 7, 1983
rep. No. 66, 1985
S. 76A
ad. No. 143, 1980
rep. No. 66, 1985
S. 77
rs. No. 33, 1956
am. No. 7, 1983
rep. No. 2, 1986
S. 78
am. No. 64, 1948
rs. No. 33, 1956
am. No. 33, 1956; No. 8, 1971; No. 89, 1976; No. 36, 1978; No. 113,
1981
rep. No. 7, 1983
S. 78A
ad. No. 47, 1967
am. No. 89, 1976; No. 113, 1981; No. 7, 1983; No. 184, 1987
S. 79
rep. No. 7, 1983
S. 79A
ad. No. 187, 1976
rep. No. 7, 1983
Part IIIA (ss. 79B-79Z, 79ZA-79ZJ)
ad. No. 160, 1977
S. 79B
ad. No. 160, 1977
am. No. 66, 1985
S. 79C
ad. No. 160, 1977
Ss. 79D, 79E
ad. No. 160, 1977
am. No. 66, 1985
S. 79EA
ad. No. 146, 1988
Ss. 79F
ad. No. 160, 1977
am. No. 146, 1988
Ss. 79G-79J
ad. No. 160, 1977
S. 79K
ad. No. 160, 1977
am. No. 113, 1981
Ss. 79L-79S
ad. No. 160, 1977
S. 79T
ad. No. 160, 1977
am. No. 113, 1981
Ss. 79U-79W
ad. No. 160, 1977
S. 79X
ad. No. 160, 1977
am. No. 113, 1981
S. 79Y
ad. No. 160, 1977
am. No. 113, 1981; No. 63, 1984; No. 166, 1985
S. 79Z
ad. No. 160, 1977
am. No. 36, 1978
Ss. 79ZA-79ZE
ad. No. 160, 1977
S. 79ZF
ad. No. 160, 1977
rs. No. 184, 1987
S. 79ZG
ad. No. 160, 1977
S. 79ZH
ad. No. 160, 1977
am. No. 36, 1978
S. 79ZJ
ad. No. 160, 1977
rs. No. 7, 1983; No. 66, 1985
Heading to Part IIIB
rs. No. 66, 1985; No. 146, 1988
Heading to Div. 1 of Part IIIB
ad. No. 66, 1985
rep. No. 56, 1988
ad. No. 146, 1988
Part IIIB (ss. 80, 80A, 81-89, 89A-89E)
ad. No. 160, 1977
S. 80
rs. No. 160, 1977
am. No. 210, 1978; No. 143, 1980; No. 113, 1981; No. 154, 1982; No.
66, 1985; Nos. 79 and 184, 1987; Nos. 56 and 146, 1988
S. 80A
ad. No. 160, 1977
S. 81
rs. No. 160, 1977
am. No. 113, 1981; No. 154, 1982; No. 66, 1985; Nos. 79 and 184,
1987; No. 146, 1988
Ss. 81AA, 81AB
ad. No. 146, 1988
S. 81A
ad. No. 184, 1987
am. No. 146, 1988
Ss. 81B, 81C
ad. No. 146, 1988
S. 82
rs. No. 160, 1977
am. No. 210, 1978; No. 113, 1981; No. 154, 1982; No. 66, 1985; Nos.
79 and 184, 1987; No. 146, 1988
S. 82AA
ad. No. 134, 1987
S. 82A
ad. No. 113, 1981
rs. No. 154, 1982
am. No. 66, 1985; No. 79, 1987; No. 146, 1988
Ss. 82AB-82AD
ad. No. 146, 1988
S. 105S
ad. No. 113, 1981
Renumbered s. 82B
No. 66, 1985
S. 82B
rs. No. 79, 1987
S. 83
rs. No. 160, 1977
am. No. 187, 1976; No. 210, 1978; No. 113, 1981; No. 154,1982; No.
91, 1983; No. 163, 1984; No. 66, 1985; Nos. 68, 79, 134 and 184,
1987; No. 56, 1988
rs. No. 146, 1988
Ss. 83A-83F
ad. No. 146, 1988
S. 84
rs. No. 160, 1977
am. No. 143, 1980; No. 113, 1981; No. 154, 1982; No. 66, 1985; No.
184, 1987; No. 146, 1988
S. 85
rs. No. 160, 1977
am. No. 187, 1976; No. 143, 1980; No. 113, 1981; No. 66, 1985; No.
184, 1987; No. 146, 1988
S. 86
rs. No. 160, 1977
am. No. 187, 1976; No. 210, 1978; No. 113, 1981; No. 154, 1982; No.
66, 1985; Nos. 68, 79, 80 and 184, 1987; No. 56, 1988
rs. No. 146, 1988
Ss. 86AA-86AB
ad. No. 146, 1988
S. 86A
ad. No. 113, 1981
rs. No. 154, 1982
am. No. 66, 1985; No. 79, 1987; No. 146, 1988
S. 86B, 86C
ad. No. 154, 1982
am. No. 66, 1985; No. 79, 1987; No. 146, 1988
S. 86D
ad. No. 154, 1982
am. No. 66, 1985; No. 79, 1987
Ss. 86E-86H
ad. No. 146, 1988
S. 87
rs. No. 160, 1977
am. No. 187, 1976; No. 163, 1984; No. 184, 1987; No. 146, 1988
S. 88
rs. No. 160, 1977
am. No. 113, 1981; No. 66, 1985; Nos. 79, 80 and 184, 1987; No. 56,
1988
rs. No. 146, 1988
Ss. 88A-88E
ad. No. 146, 1988
S. 89
rs. No. 160, 1977; No. 66, 1985
am. No. 79, 1987
S. 89A
ad. No. 160, 1977
am. No. 113, 1981; No. 154, 1982; No. 66, 1985; Nos. 68, 79, 134
and
184, 1987; No. 56, 1988
rs. No. 146, 1988
S. 89B
ad. No. 160, 1977
am. No. 113, 1981; No. 66, 1985
rs. No. 184, 1987; No. 146, 1988
S. 89C
ad. No. 134, 1987
rs. No. 146, 1988
Ss. 89CA-89CC
ad. No. 146, 1988
S. 89D
ad. No. 160, 1977
rep. No. 136, 1983
ad. No. 66, 1985
am. No. 184, 1987; No. 146, 1988 (as am. by No. 23, 1990); Nos. 29
and 63, 1989; No. 23, 1990
Div. 1A (ss. 89DAA-89DAP) of Part IIIB
ad. No. 147, 1988
Ss. 89DAA-89DAP
ad. No. 147, 1988
Div. 2 of Part IIIB (ss. 89DA-89DI)
ad. No. 146, 1988
Ss. 89DA-89DI
ad. No. 146, 1988
Heading to Part IIIBA
ad. No. 56, 1988
Heading to Div. 1 of Part III BA
ad. No. 56, 1988
S. 89E
ad. No. 160, 1977
rep. No. 113, 1981
ad. No. 56, 1988
Ss. 89F-89S
ad. No. 56, 1988
S. 89T
ad. No. 56, 1988
am. No. 31, 1989
Ss. 89U-89X
ad. No. 56, 1988
Heading to Part IV
rs. No. 33, 1956
rep. No. 66, 1985
Div. 1 of Part IV (ss. 80-89)
rs. No. 33, 1956
Div. 1 of Part IV (ss. 80-87, 87A, 88, 89)
rep. No. 160, 1977
S. 80
rs. No. 33, 1956
rep. No. 160, 1977
S. 81
rs. No. 33, 1956
am. No. 36, 1960; No. 31, 1969; No. 216, 1973 (as am. by No. 20,
1974)
rep. No. 160, 1977
S. 82
rs. No. 33, 1956
am. No. 36, 1960
rep. No. 160, 1977
Ss. 83, 84
rs. No. 33, 1956
rep. No. 160, 1977
S. 85
rs. No. 33, 1956
am. No. 21, 1969
rep. No. 160, 1977
S. 86
rs. No. 33, 1956
am. No. 36, 1960; No. 216, 1973 (as am. by No. 20, 1974)
rep. No. 160, 1977
S. 87
rs. No. 33, 1956
am. No. 36, 1960
rep. No. 160, 1977
S. 87A
ad. No. 36, 1960
rs. No. 89, 1976
rep. No. 160, 1977
S. 88
rs. No. 33, 1956
rep. No. 160, 1977
S. 89
ad. No. 64, 1948
rs. No. 33, 1956
rep. No. 160, 1977
Div. 2 of Part IV (s. 90)
rep. No. 31, 1969
Div. 2 of Part IV (ss. 90, 90A-90R)
ad. No. 31, 1969
Heading to Div. 2 of Part IV
rep. No. 66, 1985
Heading to Div. 2 of Part IIIBA
ad. No. 66, 1985
Heading to Subdiv. A of Div. 2 of Part IIIBA
ad. No. 68, 1987
S. 90
am. No. 39, 1946; No. 64, 1948; No. 33, 1956
rs. No. 31, 1969
am. No. 89, 1976; No. 113, 1981; No. 163, 1984; No. 66, 1985; No.
56,
1988
Ss. 90AAA, 90AAB
ad. No. 68, 1987
rep. No. 56, 1988
S. 90A
ad. No. 31, 1969
am. No. 89, 1976
rep. No. 56, 1988
S. 90AA
ad. No. 8, 1971
am. No. 89, 1976; No. 113, 1981; No. 72, 1984
rep. No. 56, 1988
S. 90B
ad. No. 31, 1969
am. No. 89, 1976; No. 113, 1981; No. 68, 1987
rep. No. 56, 1988
Heading to Subdiv. B of Div. 2 of Part IIIBA
ad. No. 68, 1987
S. 90C
ad. No. 31, 1969
am. No. 89, 1976; No. 113, 1981; Nos. 72 and 163, 1984; No. 66,
1985;
No. 56, 1988
S. 90D
ad. No. 31, 1969
am. No. 89, 1976; No. 113, 1981; No. 66, 1985
rep. No. 68, 1987
S. 90E
ad. No. 31, 1969
am. No. 113, 1981
rep. No. 68, 1987
S. 90F
ad. No. 31, 1969
am. No. 89, 1976; No. 160, 1977; No. 113, 1981; No. 72, 1984; No.
66,
1985; No. 56, 1988
S. 90G
ad. No. 31, 1969
rs. No. 113, 1981
am. No. 163, 1984; No. 56, 1988
S. 90H
ad. No. 31, 1969
am. No. 89, 1976
rep. No. 113, 1981
ad. No. 134, 1987
S. 90J
ad. No. 31, 1969
am. Nos. 89 and 187, 1976; No. 160, 1977; No. 113, 1981; No. 91,
1983; No. 163, 1984; No. 66, 1985; No. 68, 1987; No. 56, 1988
S. 90JA
ad. No. 113, 1981
am. No. 163, 1984; No. 66, 1985; No. 68, 1987; Nos. 56 and 146,
1988
Heading to Subdiv. C of Div. 2 of Part IIIBA
ad. No. 68, 1987
S. 90K
ad. No. 31, 1969
am. No. 89, 1976; No. 160, 1977; No. 113, 1981; No. 184, 1987
S. 90L
ad. No. 31, 1969
am. No. 89, 1976; No. 160, 1977; No. 113, 1981; No. 72, 1984; No.
68,
1987; No. 56, 1988
S. 90M
ad. No. 31, 1969
am. Nos. 89 and 187, 1976; No. 160, 1977; No. 113, 1981; No. 68,
1987; No. 56, 1988
S. 90N
ad. No. 31, 1969
am. No. 89, 1976; No. 113, 1981; No. 72, 1984
S. 90P
ad. No. 31, 1969
am. No. 187, 1976
rs. No. 113, 1981
am. No. 66, 1985
rep. No. 56, 1988
S. 90Q
ad. No. 31, 1969
am. No. 89, 1976
rep. No. 113, 1981
S. 90R
ad. No. 31, 1969
am. Nos. 89 and 187, 1976
rep. No. 113, 1981
Heading to Div. 3 of Part IV
rep. No. 66, 1985
Heading to Div. 3 of Part IIIB
ad. No. 66, 1985
Heading to Subdiv. A of Div. 3 of Part IIIBA
ad. No. 68, 1987
Div. 3 of Part IV (ss. 91, 92)
ad. No. 33, 1956
rs. No. 36, 1960
Div. 3 of Part IV (ss. 91, 92, 92A-92K)
rep. No. 38, 1965
Div. 3 of Part IV (ss. 91, 91A, 91B, 92, 92A-92F, 92FA, 92G-92J, 92JA, 92K,
92KA)
ad. No. 38, 1965
S. 91
ad. No. 33, 1956
rs. No. 36, 1960; No. 38, 1965
am. No. 89, 1976; No. 113, 1981; No. 163, 1984; No. 66, 1985; No.
68,
1987; No. 56, 1988
S. 91AAA
ad. No. 68, 1987
am. No. 79, 1987
rep. No. 56, 1988
Ss. 91AAB, 91AAC
ad. No. 68, 1987
rep. No. 56, 1988
S. 91AAD
ad. No. 68, 1987
am. No. 56, 1988; No. 31, 1989
S. 91AAE
ad. No. 68, 1987
rep. No. 56, 1988
S. 91AA
ad. No. 31, 1969
am. No. 89, 1976
rep. No. 56, 1988
S. 91AB
ad. No. 8, 1971
am. No. 89, 1976; No. 113, 1981; No. 72, 1984
rep. No. 56, 1988
S. 91A
ad. No. 38, 1965
am. No. 89, 1976; No. 113, 1981; No. 68, 1987
rep. No. 56, 1988
S. 91B
ad. No. 38, 1965
am. No. 31, 1969
rep. No. 56, 1988
S. 91C
ad. No. 113, 1981
am. No. 66, 1985
rep. No. 56, 1988
S. 91D
ad. No. 113, 1981
am. No. 163, 1984; No. 66, 1985
rep. No. 56, 1988
Heading to Subdiv. B of Div. 3 of Part IIIBA
ad. No. 68, 1987
S. 92
ad. No. 33, 1956
rs. No. 36, 1960; No. 38, 1965
am. No. 57, 1966; No. 89, 1976; No. 160, 1977; No. 113, 1981; Nos.
72
and 163, 1984; No. 66, 1985; Nos. 68, 79 and 183, 1987; Nos. 56 and
146, 1988
S. 92A
ad. No. 36, 1960
rs. No. 38, 1965
am. No. 89, 1976; No. 113, 1981; No. 66, 1985
rep. No. 68, 1987
S. 92B
ad. No. 36, 1960
rs. No. 38, 1965
am. No. 31, 1969; No. 113, 1981; No. 91, 1983
rep. No. 68, 1987
S. 92C
ad. No. 36, 1960
rs. No. 38, 1965
am. No. 120, 1965; No. 57, 1966; No. 89, 1976; No. 160, 1977; No.
113, 1981; No. 72, 1984; No. 68, 1987
S. 92D
ad. No. 36, 1960
rs. No. 38, 1965; No. 113, 1981
am. No. 163, 1984; No. 56, 1988
S. 92E
ad. No. 36, 1960
rs. No. 38, 1965
am. No. 89, 1976
rep. No. 113, 1981
ad. No. 134, 1987
S. 92F
ad. No. 36, 1960
rs. No. 38, 1965
am. No. 57, 1966; Nos. 89 and 187, 1976; No. 160, 1977; No. 113,
1981; Nos. 39 and 91, 1983; No. 163, 1984; No. 66, 1985; No. 68,
1987; No. 56, 1988
S. 92FAA
ad. No. 113, 1981
am. No. 163, 1984; No. 66, 1985; No. 68, 1987; Nos. 56 and 146,
1988
Subdiv. C of Div. 3 of Part IIIBA (ss. 92FAB-92FAD)
ad. No. 68, 1987
rep. No. 56, 1988
S. 92FAB
ad. No. 113, 1981
am. No. 153, 1981
rep. No. 72, 1984
ad. No. 68, 1987
am. No. 56, 1988
rep. No. 56, 1988
S. 92FAC
ad. No. 68, 1987
am. No. 183, 1987
rep. No. 56, 1988
S. 92FAD
ad. No. 68, 1987
am. No. 56, 1988
rep. No. 56, 1988
Heading to Subdiv. D of Div. 3 of Part IIIBA
ad. No. 68, 1987
S. 92FA
ad. No. 38, 1965
am. No. 89, 1976; No. 160, 1977; No. 113, 1981; No. 184, 1987
S. 92G
ad. No. 36, 1960
rs. No. 38, 1965
am. No. 89, 1976; No. 160, 1977; No. 113, 1981; No. 72, 1984; No.
68,
1987; No. 56, 1988
S. 92H
ad. No. 36, 1960
rs. No. 38, 1965
am. Nos. 89 and 187, 1976; No. 160, 1977; No. 113, 1981 (as am. by
No. 176, 1981); No. 68, 1987; No. 56, 1988
S. 92J
ad. No. 36, 1960
rs. No. 38, 1965
am. No. 216, 1973 (as am. by No. 20, 1974); No. 113, 1981; No. 72,
1984
S. 92JA
ad. No. 38, 1965
am. No. 31, 1969; Nos. 89 and 187, 1976
rs. No. 113, 1981
am. No. 66, 1985
rep. No. 56, 1988
Div. 3A of Part IIIBA (ss. 92JB-92JD)
ad. No. 56, 1988
S. 92JB-92JD
ad. No. 56, 1988
S. 92K
ad. No. 36, 1960
rs. No. 38, 1965
am. No. 89, 1976
rep. No. 113, 1981
S. 92KA
ad. No. 38, 1965
am. Nos. 89 and 157, 1976
rep. No. 113, 1981
Heading to Div. 3A of Part IV
rep. No. 66, 1985
Heading to Div. 4 of Part IIIB
ad. No. 66, 1985
Div. 3A of Part IV (ss. 92L-92U)
ad. No. 113, 1981
S. 92L
ad. No. 113, 1981
am. No. 163, 1984; No. 56, 1988
S. 92M
ad. No. 113, 1981
am. No. 66, 1985; No. 79, 1987
S. 92N
ad. No. 113, 1981
am. No. 56, 1988
S. 92P
ad. No. 113, 1981
am. No. 68, 1987; No. 56, 1988
S. 92Q
ad. No. 113, 1981
am. No. 68, 1987; No. 56, 1988
S. 92R
ad. No. 113, 1981
am. No. 56, 1988
S. 92S
ad. No. 113, 1981
am. No. 68, 1987; No. 56, 1988; No. 31, 1989
S. 92T
ad. No. 113, 1981
am. No. 56, 1988
S. 92U
ad. No. 113, 1981
am. No. 56, 1988
Heading to Div. 5 of Part IIIBA
am. No. 146, 1988
Div. 5 of Part IIIB (ss. 92V, 92W)
ad. No. 66, 1985
S. 92UA
ad. No. 146, 1988
S. 92V
ad. No. 66, 1985
am. No. 146, 1988
S. 92VA
ad. No. 146, 1988
S. 92W
ad. No. 66, 1985
rep. No. 56, 1988
Div. 6 of Part IIIBA (ss. 92X-92Z)
ad. No. 184, 1987
S. 92X
ad. No. 184, 1987
am. No. 56, 1988
S. 92Y
ad. No. 184, 1987
am. Nos. 56 and 146, 1988
S. 92Z
ad. No. 184, 1987
Div. 7 of Part IIIBA (ss. 92ZA-92ZN)
ad. No. 56, 1988
Ss. 92ZA-92ZC
ad. No. 56, 1988
am. No. 31, 1989
S. 92ZD
ad. No. 56, 1988
S. 92ZE
ad. No. 56, 1988
am. No. 31, 1989
Ss. 92ZF-92ZJ
ad. No. 56, 1988
Ss. 92ZK, 92ZL
ad. No. 56, 1988
am. No. 31, 1989
Ss. 92ZM, 92ZN
ad. No. 56, 1988
Part IIIC (ss. 93, 94, 94A-94Z, 94ZA-94ZM)
ad. No. 79, 1987
Heading to Div. 4 of Part IV
rep. No. 66, 1985
Div. 4 of Part IV (ss. 93-98)
rs. No. 33, 1956
rep. No. 66, 1985
Ss. 93, 94
rs. No. 64, 1948; No. 33, 1956
am. No. 187, 1976
rep. No. 66, 1985
ad. No. 79,1987
Ss. 94A-94K
ad. No. 79, 1987
S. 94L
ad. No. 79, 1987
am. No. 184, 1987
S. 94M
ad. No. 79, 1987
S. 94N
ad. No. 79, 1987
am. No. 184, 1987
Ss. 94P-94Z
ad. No. 79, 1987
S. 94ZA
ad. No. 79, 1987
am. No. 146, 1988
S. 94ZB
ad. No. 79, 1987
am. No. 63, 1989
S. 94ZC
ad. No. 79, 1987
am. No. 146, 1988
S. 94ZD
ad. No. 79, 1987
Ss. 94ZE, 94ZF
ad. No. 79, 1987
am. No. 146, 1988
Ss. 94ZG-94ZL
ad. No. 79, 1987
S. 94ZM
ad. No. 79, 1987
rep. No. 146, 1988
Heading to Part IV
ad. No. 66, 1985
S. 95
rs. No. 64, 1948; No. 33, 1956
am. No. 187, 1976
rs. No. 66, 1985
rep. No. 146, 1988
S. 96
rs. No. 64, 1948; No. 33, 1956
am. No. 187, 1976
rep. No. 66, 1985
S. 89C
ad. No. 160, 1977
am. No. 163, 1984
rs. No. 66, 1985
Renumbered s. 96
No. 66, 1985
S. 96
am No. 146, 1988
S. 97
rs. No. 64, 1948; No. 33, 1956
am. Nos. 89 and 187, 1976; No. 66, 1985
Heading to Div. 5 of Part IV
am. No. 89, 1976
rep. No. 66, 1985
S. 99
am. No. 64, 1948
rs. No. 33, 1956
am. Nos. 89 and 187, 1976; No. 160, 1977; No. 113, 1981; No. 191,
1985; No. 2, 1986
S. 99A
ad. No. 66, 1985
rep. No. 146, 1988
S. 100
am. No. 64, 1948
rs. No. 33, 1956
am. No. 89, 1976; No. 187, 1976; No. 165, 1984; No. 66, 1985 (as
am.
by No. 191, 1985); No. 191, 1985; No. 2, 1986; No. 184, 1987; No.
146, 1988
S. 100A
ad. No. 49, 1972
am. No. 216, 1973 (as am. by No. 20, 1974)
rep. No. 89, 1976
S. 101
am. No. 64, 1948
rs. No. 33, 1956;
am. No. 187, 1976
rs. No. 191, 1985
S. 102
rep. No. 39, 1946
ad. No. 33, 1956
am. No. 21, 1969; No. 66, 1985; No. 146, 1988
S. 103
rs. No. 33, 1956
am. No. 187, 1976; No. 66, 1985
S. 104
rs. No. 33, 1956
am. No. 113, 1981; No. 66, 1985
S. 105
rs. No. 33, 1956
am. No. 89, 1976; No. 7, 1983; No. 66, 1985
S. 105A
ad. No. 36, 1960
rep. No. 38, 1965
ad. No. 47, 1967
am. No. 89, 1976; No. 113, 1981; No. 66, 1985; No. 184, 1987
Heading to Div. 5A of Part IV
rs. No. 89, 1976; No. 143, 1980
Div. 5A of Part IV (ss. 105B-105F)
ad. No. 82, 1963
Div. 5A of Part IV (ss. 105AA, 105AB, 105AD, 105B, 105F)
rep. No. 66, 1985
S. 105AA
ad. No. 89, 1976
am. No. 187, 1976; No. 113, 1981; No. 154, 1982
rep. No. 66, 1985
S. 105AB
ad. No. 89, 1976
am. No. 187, 1976; No. 154, 1982
rep. No. 66, 1985
S. 105AC
ad. No. 89, 1976
am. No. 187, 1976
rep. No. 160, 1977
S. 105AD
ad. No. 89, 1976
am. No. 187, 1976; No. 160, 1977; No. 143, 1980; No. 113, 1981; No.
154, 1982
rep. No. 66, 1985
S. 105AE
ad. No. 89, 1976
am. No. 187, 1976
rep. No. 160, 1977
S. 105B
ad. No. 82, 1963
am. Nos. 89 and 187, 1976; No. 160, 1977; No. 143, 1980; No. 154,
1982
rep. No. 66, 1985
S. 105BA
ad. No. 89, 1976
am. No. 187, 1976
rep. No. 160, 1977
Ss. 105C-105E
ad. No. 82, 1963
am. No. 89, 1976
rep. No. 160, 1977
S. 105F
ad. No. 82, 1963
rs. No. 89, 1976
am. No. 143, 1980
rep. No. 66, 1985
Div. 5B of Part IV (ss. 105G-105L)
ad. No. 31, 1969
Div. 5B of Part IV (ss. 105G, 105L)
rep. No. 66, 1985
S. 105G
ad. No. 31, 1969
am. Nos. 89 and 187, 1976; No. 160, 1977
rep. No. 66, 1985
S. 105H
ad. No. 31, 1969
rep. No. 160, 1977
S. 105J
ad. No. 31, 1969
am. No. 89, 1976
rep. No. 160, 1977
S. 105K
ad. No. 31, 1969
rep. No. 160, 1977
S. 105L
ad. No. 31, 1969
am. No. 89, 1976; No. 143, 1980
rep. No. 66, 1985
Heading to Div. 5C of Part IV
rep. No. 66, 1985
Div. 5C of Part IV (ss. 105M-105S)
ad. No. 113, 1981
Ss. 105M, 105N
ad. No. 113, 1981
rep. No. 66, 1985
S. 105P
ad. No. 113, 1981
am. No. 154, 1982
rep. No. 66, 1985
S. 105Q
ad. No. 113, 1981
rs. No. 154, 1982
rep. No. 66, 1985
Heading to Div. 6 of Part IV
rep. No. 66, 1985
S. 108
rs. No. 33, 1956
am. No. 33, 1956; No. 89, 1976
rep. No. 160, 1977
S. 109
ad. No. 33, 1956
am. No. 187, 1976
rep. No. 160, 1977
Part IVA (ss. 111A, 111B)
ad. No. 187, 1976
Part IVA (ss. 111A, 111B, 111BA-111BD)
rep. No. 66, 1985
S. 111A
ad. No. 187, 1976
rs. No. 160, 1977
rep. No. 66, 1985
S. 111B
ad. No. 187, 1976
am. No. 160, 1977; No. 143, 1980; No. 163, 1984
rep. No. 66, 1985
S. 111BA
ad. No. 143, 1980
am. No. 191, 1985
rep. No. 66, 1985
Ss. 111BB-111BD
ad. No. 143, 1980
rep. No. 66, 1985
Heading to Part V
ad. No. 187, 1976
rep. No. 66, 1985
S. 111F
ad. No. 160, 1977
rep. No. 66, 1985
S. 112
am. No. 33, 1956; No. 160, 1977; No. 7, 1983
rep. No. 136, 1983
S. 113
rep. No. 64, 1948
ad. No. 33, 1956
am. Nos. 89 and 187, 1976; No. 7, 1983; No. 66, 1985; No. 146, 1988
S. 113A
ad. No. 31, 1969
am. No. 89, 1976; No. 143, 1980; No. 7, 1983; No. 66, 1985; No.
146,
1988
S. 114
rs. No. 33, 1956
am. No. 89, 1976; No. 113, 1981; No. 7, 1983; No. 66, 1985
S. 115
ad. No. 33, 1956
am. No. 7, 1983; No. 66, 1985
S. 116
am. No. 64, 1948
rs. No. 33, 1956
am. No. 31, 1969; Nos. 89 and 187, 1976; No. 113, 1981; Nos. 7 and
37, 1983; No. 72, 1984; No. 66, 1985; No. 2, 1986; No. 146, 1988
S. 117
am. No. 39, 1946; No. 64, 1948
rs. No. 33, 1956
am. No. 187, 1976; No. 113, 1981; No. 7, 1983; No. 66, 1985
rs. No. 184, 1987
am. No. 146, 1988
S. 117A
ad. No. 36, 1960
am. No. 89, 1976; No. 113, 1981; Nos. 7 and 91, 1983; No. 66, 1985;
No. 146, 1988
S. 118
am. No. 64, 1948
rs. No. 33, 1956
am. No. 7, 1983; No. 66, 1985; No. 146, 1988
S. 119
am. No. 64, 1948
rs. No. 33, 1956
am. No. 187, 1976; No. 113, 1981
rs. No. 191, 1985
S. 105R
ad. No. 113, 1981
rs. No. 154, 1982
am. No. 7, 1983; No. 66, 1985
Renumbered s. 119AA
No. 66, 1985 (as am. by No. 191, 1985)
S. 119AA
am. No. 79, 1987
S. 119AB
ad. No. 66, 1985
am. No. 191, 1985; No. 184, 1987
S. 119AC
ad. No. 146, 1988
Heading to Part V
ad. No. 66, 1985
S. 119A
ad. No. 89, 1976
am. No. 187, 1976
rs. No. 160, 1977
am. No. 210, 1978; No. 113, 1981; No. 154, 1982; Nos. 66 and 191,
1985; Nos. 79, 134 and 184, 1987; No. 146, 1988
S. 120
am. No. 39, 1946; No. 64, 1948
rs. No. 33, 1956
am. No. 31, 1969; No. 187, 1976
rs. No. 66, 1985
S. 121
ad. No. 39, 1946
am. No. 64, 1948; Nos. 89 and 187, 1976; No. 7, 1983
rs. No. 66, 1985
am. No. 79, 1987; No. 146, 1988
S. 122
am. No. 33, 1956
rep. No. 160, 1977
ad. No. 66, 1985
rs. No. 79, 1987
am. No. 146, 1988
S. 123
am. No. 64, 1948; No. 33, 1956; No. 187, 1976
rep. No. 66, 1985
S. 106
am. No. 64, 1948
rs. No. 33, 1956
am No. 121, 1964; No. 38, 1965; Nos. 89 and 187, 1976; No. 113,
1981;
No. 163, 1984; No. 66, 1985
Renumbered s. 123 No. 66, 1985
S. 123
am. Nos. 79 and 184, 1987
S. 123A
ad. No. 80, 1987
am. No. 146, 1988
S. 124
ad. No. 33, 1956
am. No. 31, 1969; No. 160, 1977
rep. No. 66, 1985
S. 106A
ad. No. 160, 1977
am. No. 11, 1981; No. 66, 1985
Renumbered s. 124
No. 66, 1985
S. 124
am. No. 134, 1987
S. 124A
ad. No. 21, 1969
am. No. 89, 1976; No. 160, 1977; No. 7, 1983
rep. No. 66, 1985
S. 125
am. No. 39, 1946; No. 64, 1948
rs. No. 41, 1951
am. No. 67, 1964
rep. No. 55, 1974
ad. No. 143, 1980
rep. No. 66, 1985
S. 106B
ad. No. 160, 1977
am. No. 113, 1981
Renumbered s. 125
No. 66, 1985
S. 107
am. No. 33, 1956; No. 160, 1977
Renumbered s. 125A
No. 66, 1985
S. 125A
am. No. 79, 1987; No. 146, 1988
S. 110
am. No. 64, 1948; No. 33, 1956; No. 187, 1976; No. 66, 1985
Renumbered s. 125B
No. 66, 1985
S. 125B
am. No. 79, 1987; No. 146, 1988
S. 111
am. No. 64, 1948; No. 33, 1956; No.187, 1976; No. 113, 1981; No.
66,
1985
Renumbered s. 125C
No. 66, 1985
S. 111C
ad. No. 187, 1976
am. No. 160, 1977; No. 143, 1980; No. 113, 1981; No. 66, 1985
Renumbered s. 125D
No. 66, 1985
S. 125D
am. No. 79, 1987; No. 23, 1990
S. 111D
ad. No. 187, 1976
am. No. 160, 1977; No. 113, 1981; No. 66, 1985
Renumbered s. 125E
No. 66, 1985
S. 125E
am. No. 99, 1988
S. 111E
ad. No. 187, 1976
am. No. 160, 1977; No. 7, 1983
Renumbered s. 125F
No. 66, 1985
S. 125G
ad. No. 146, 1988
am. No. 31, 1989
S. 126
ad. No. 33, 1956
am. No. 67, 1964; No. 57, 1966
rep. No. 55, 1974
ad. No. 143, 1980
am. Nos. 91 and 136, 1983; No. 66, 1985; No. 79, 1987
rep. No. 146, 1988
S. 126AA
ad. No. 67, 1964
rep. No. 55, 1974
S. 126A
ad. No. 36, 1960 (as am. by No. 32, 1961)
am. No. 216, 1973 (as am. by No. 20, 1974)
rep. No. 55, 1974
S. 126B
ad. No. 36, 1960
am. No. 72, 1971
rep. No. 55, 1974
S. 126C
ad. No. 121, 1964
rep. No. 55, 1974
S. 126D
ad. No. 121, 1964
am. No. 72, 1971
rep. No. 55, 1974
S. 127
am. No. 64, 1948
rs. No. 41, 1951
am. No. 36, 1960; No. 216, 1973 (as am. by No. 20, 1974)
rep. No. 55, 1974
S. 128
rs. No. 39, 1946
am. No. 64, 1948; No. 80, 1950
rs. No. 41, 1951
am. No. 33, 1956 (as am. by No. 65, 1956); Nos. 65 and 92, 1956;
No.
36, 1960 (as am. by No. 32, 1961); No. 96, 1962; No. 67, 1964; No.
57, 1966; No. 47, 1967; No. 69, 1968; Nos. 8 and 72, 1971; No. 50,
1973
rep. No. 55, 1974
S. 128A
ad. No. 121, 1964
am. No. 72, 1971
rep. No. 55, 1974
S. 129
am. No. 33, 1956; No. 36, 1960; No. 82, 1963; No. 67, 1964; No. 31,
1969; No. 72, 1971; No. 55, 1974; No. 66, 1985; No. 79, 1987; No.
146, 1988
S. 130
rs. No. 64, 1948
am. No. 33, 1956; No. 82, 1963; No. 31, 1969; No. 55, 1974; No.
160,
1977; No. 143, 1980
rep. No. 136, 1983
S. 130A
ad. No. 36, 1960
am. No. 55, 1974; No. 56, 1975; Nos. 89 and 187, 1976; No. 160,
1977;
No. 143, 1980; No. 113, 1981
rep. No. 66, 1985
S. 131
am. No. 33, 1956; No. 31, 1969; No. 7, 1983; No. 66, 1985; No. 79,
1987; No. 146, 1988
S. 98
rs. No. 33, 1956
am. No. 66, 1985
Renumbered s. 131A
No. 66, 1985
S. 131A
am. No. 79, 1987; No. 146, 1988
S. 132
am. No. 36, 1960; No. 82, 1963; No. 67, 1964; No. 38, 1965; No. 57,
1966; No. 31, 1969; No. 55, 1974; No. 89, 1976; No. 160, 1977; No.
113, 1981; Nos. 66 and 191, 1985
S. 132A
ad. No. 8, 1971
am. No. 216, 1973 (as am. by No. 20, 1974)
rep. No. 55, 1974
S. 133
rs. No. 41, 1951; No. 33, 1956
am. No. 67, 1964
rep. No. 55, 1974
ad. No. 113, 1981
am. No. 91, 1983; No. 184, 1987
S. 133A
ad. No. 66, 1985
S. 134 am. No. 39, 1946; No. 64, 1948; No. 33, 1956; No. 82, 1963
rs. No. 38, 1965
am. Nos. 89 and 187, 1976; No. 160, 1977; No. 143, 1980; No. 113,
1981; No. 136, 1983; No. 66, 1985; No. 79, 1987; No. 146, 1988
Schedule
ad. No. 146, 1988
BROADCASTING ACT 1942 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
4. Interpretation
6. Application to the Territories
PART IA-PROHIBITION ON USE OF CERTAIN FACILITIES IN
CONNECTION WITH BROADCASTING
6A. Unauthorised operation of certain transmitters prohibited
6B. Use of telegraph lines for retransmission of programs
6C. Transmissions for broadcast by AUSSAT satellite
PART II-THE AUSTRALIAN BROADCASTING TRIBUNAL
Division 1-Establishment and Constitution of the
Tribunal
7. Establishment of Tribunal
8. Membership of Tribunal
9. Pecuniary interests
10. Acting members
11. Associate members
12. Acting associate members
13. Disclosure of financial interests by associate members
14. Leave of absence
15. Resignation
15A. Termination of office
15B. Meetings
15C. Divisions of Tribunal
15D. Delegations by Tribunal
15E. Staff
Division 2-Powers and Functions of the Tribunal
16. Functions and powers of Tribunal
16A. Approval of forms
17. Orders etc. of the Tribunal
Division 3-Inquiries by the Tribunal
17A. Interpretation
17B. Applications requesting Tribunal to exercise certain substantive
powers
17C. Ordinary inquiries
18. Directed inquiries
18A. Area inquiries
19. Inquiries to be held in public except in special circumstances
21. Evidence
21AA. Failure of witness to attend
21AB. Refusal to be sworn or to answer questions
21A. Briefing of counsel to assist Tribunal
22. Representation before Tribunal
22AA. Parties to proceedings at ordinary inquiries
22A. Voting in relation to inquiries
22B. Reference of questions of law to Federal Court of Australia
22C. Documents to be sent to Federal Court of Australia
23. Protection of members of the Tribunal
24. Proceedings for defamation not to lie
25. Procedure at inquiries
25AA. Investigation of, and comment upon, broadcasting practices
25AB. Contempt of Tribunal
25A. Member or associate member ceasing to be available
25B. Reports on inquiries
Division 4-Finances of the Tribunal
26. Moneys payable to Tribunal
26A. Money of the Tribunal
27. Bank accounts
27A. Application of money
27AA. Estimates
27AB. Limitation on contracts
27B. Accounts and records to be kept
27D. Audit
27E. Taxation
Division 5-Miscellaneous
28. Annual Report of Tribunal
28A. Provision of facilities for Tribunal
29. Advisory committees
PART III-THE NATIONAL BROADCASTING SERVICE AND THE NATIONAL
TELEVISION SERVICE
Division 3-Powers and Functions of the Commission
60. Publication of journals etc. and making etc. of sound
63. Studios to be provided by Commission
64. Authorised transmissions
72. Taxation
Division 5-Technical Services
73. Provision and operation of studios, transmitting stations etc.
74. Lines for conveyance of electric current to stations
Division 6-Miscellaneous
78A. Action under section 64 to be reported to the Parliament
PART IIIA-THE SPECIAL BROADCASTING SERVICE
Division 1-Preliminary
79B. Interpretation
Division 2-Establishment, Functions and Powers of Service
79C. Establishment
79D. Functions
79E. Powers
79EA. Broadcasting facilities may be made available to limited licensees
79F. Responsibility for programs
Division 3-Constitution and Meetings of Service
79G. Incorporation
79H. Membership
79J. Pecuniary interests
79K. Acting appointments
79L. Leave of absence
79M. Resignation of member
79N. Termination of appointment
79P. Meetings
Division 4-Administration of Service
79Q. Executive Director
79R. Term of office of Executive Director
79S. Pecuniary interests of Executive Director
79T. Acting Executive Director
79U. Leave of absence of Executive Director
79V. Resignation of Executive Director
79W. Termination of office of Executive Director
79X. Delegations by Service
79Y. Staff
Division 5-Finance
79Z. Moneys to be appropriated
79ZA. Moneys of Service
79ZB. Application of moneys
79ZC. Bank accounts
79ZD. Estimates
79ZE. Accounts and records
79ZF. Limits on contracts
79ZG. Audit
Division 6-Miscellaneous
79ZH. Annual report
79ZJ. Application of Act to the Service
PART IIIB-LICENCES, LICENCE WARRANTS AND PERMITS
Division 1-Licences and licence warrants
80. Interpretation
80A. Tribunal to act impartially etc.
81. Grant and renewal of licences
81AA. Who is eligible for the grant of a licence?
81AB. Licence held by a consortium
81A. Purpose of public licence
81B. Purpose of limited licence
81C. Regulations may add new categories of limited licence
82. Applications for grant of certain licences
82AA. Special notices in relation to new commercial radio licences
82A. Applications for grant of supplementary radio licences
82AB. Applications for grant of limited licences
82AC. Tribunal may request outline of program content and format
82AD. Tribunal may request applicant to give copy of constituent documents
82B. Limitation on number of supplementary radio licences related to a
commercial radio licence
83. Undertaking
83A. Criteria for grant of commercial licence
83B. Criteria for grant of supplementary radio licence
83C. Criteria for grant of public licence
83D. Criteria for grant of remote licence
83E. Criteria for grant of limited licence
83F. Minister may revise service specifications before grant of licence
84. Imposition of licence conditions
85. Variation of licence conditions
86. Renewal of licences-general
86AA. Renewal of commercial licence
86AB. Renewal of supplementary radio licence
86A. Renewal of certain upplementary licences
86B. Election to renew certain supplementary licences
86C. Election to transfer supplementary or other licence
86D. Invitation of certain licence applications
86E. Renewal of public licence
86F. Renewal of remote licence
86G. Renewal of limited licence
86H. Minister may recommend non-renewal of limited licence
87. Duration
88. Suspension and revocation of commercial licence
88A. Suspension and revocation of supplementary radio licence
88B. Suspension and revocation of public licence
88C. Suspension and revocation of remote licence
88D. Suspension and revocation of limited licence
88E. Suspension and revocation-general
89. Surrender of licences
89A. Transfer of commercial licences
89B. Transfer of supplementary radio licences
89C. Transfer of public licences
89CA. Transfer of remote licences
89CB. Transfer of limited licence
89CC. Effect of transfer etc. of licence
89D. Licence warrants
Division 1A-Conversion of AM commercial radio licences
to FM as part of the National Metropolitan Radio Plan
89DAA. National Metropolitan Radio Plan objectives
89DAB. The Minister may publish a notice inviting applications for
conversion
to FM
89DAC. Application of the principles etc. specified in a section 89DAB notice
89DAD. Extension of the period for lodging applications
89DAE. Applications for conversion to FM
89DAF. Establishment of the Tender Board
89DAG. Determination of the reserve
89DAH. Processing applications for conversion to FM
89DAI. Report to the Minister on the processing of applications
89DAJ. The Minister to publish a notice about the licensees on the
tender list
89DAK. Meaning of offer of FM conversion to a licensee
89DAL. Initial offers
89DAM. What happens if a successful licensee defaults?
89DAN. The Minister may publish a fresh section 89DAB notice if satisfied of
collusion between licensees
89DAO. How are deposits dealt with?
89DAP. Conversion to FM
Division 2-Retransmission permits and temporary
transmission permits
89DA. Retransmission permits
89DB. Duration of retransmission permit
89DC. Technical conditions for retransmission permit
89DD. Variation of retransmission permit
89DE. Suspension and cancellation of retransmission permit
89DF. Temporary transmission permit
89DG. Duration of temporary transmission permit
89DH. Advertising not allowed pursuant to temporary transmission permit
89DI. Cancellation of temporary transmission permit
PART IIIBA-OWNERSHIP AND CONTROL
Division 1-Preliminary
89E. Interpretation
89F. Prescribed interests
89G. Shareholding interests, voting interests and loan interests
89H. Control of commercial licence
89J. Control of newspaper
89K. Control of company
89L. Companies limited by guarantee
89M. Shares held by trustees of superannuation funds
89N. Tracing of shareholding interests through a series of companies
89P. Indirect loan interests in licensee companies
89Q. Registered lenders
89R. Approved investments
89S. Newspapers associated with commercial licence service areas
89T. Licences having a substantial market in common
89U. Maximum number of commercial radio licences in a State that a person
may hold
89V. Minister to keep notices current
89W. Tribunal to act impartially etc.
89X. Tribunal may seek information
Division 2-Limitation on Ownership and Control of
Commercial Radio Licences
Subdivision A-Preliminary
90. Interpretation
Subdivision B-Limitations on ownership and control of
commercial radio licences
90C. Limitation of interests in commercial radio licences
90F. Directors
90G. Foreign shareholdings etc.
90H. No "resale" of licence within 2 years of initial grant
90J. Changes in ownership of shares etc.
90JA. Approval of transactions
Subdivision C-Miscellaneous
90K. Changes in memorandum or articles of association of licensee
90L. Articles to contain certain provisions
90M. Condition as to statutory declarations
90N. Trusts not valid unless notified
Division 3-Limitation on Ownership and Control of
Commercial Television Licences
Subdivision A-Preliminary
91. Interpretation
91AAD. Minister may notify population figures
Subdivision B-Limitation on ownership and control of
commercial television licences
92. Limitation of interests in commercial television licences
92C. Directors
92D. Foreign shareholdings etc.
92E. No resale of licence within 2 years of initial grant
92F. Changes in ownership of shares etc.
92FAA. Approval of transactions
Subdivision D-Miscellaneous
92FA. Changes in memorandum or articles of association of licensee
92G. Articles to contain certain provisions
92H. Condition as to statutory declarations
92J. Trusts not valid unless notified
Division 3A-Cross media rules
92JB. Limitations on cross media interests
92JC. Person having prescribed interest in commercial licence to notify
Tribunal of prescribed interest in associated newspaper
92JD. Limitations on cross media directorships
Division 4-Enforcement of Limitations on Ownership and
Control of Commercial Licences
92L. Interpretation
92M. Directions to protect licensee
92N. Directions for divestiture
92P. Powers of Federal Court of Australia
92Q. Defences
92R. Prosecutions
92S. Penalties
92T. Joinder of charges and penalties for certain offences
92U. Continuing obligations
Division 5-Ownership and Control of Remote Licences and
Limited Licences
92UA. Interpretation
92V. Orders relating to ownership, control etc. of remote licences
92VA. Orders relating to ownership, control etc. of limited licences
Division 6-Ownership and control of public licences
92X. Interpretation
92Y. Ownership and control of public licences
92Z. Changes to constituent documents
Division 7-Grandfathering provisions
Subdivision A-Preliminary
92ZA. Interpretation
Subdivision B-Radio limits
92ZB. New radio interest limits-introduced by Broadcasting (Ownership and
Control) Act 1988
92ZC. New radio directorship limits-introduced by Broadcasting (Ownership
and
Control) Act 1988
Subdivision C-Television limits
92ZD. Section 92 60% interest limit-introduced by Broadcasting (Ownership
and
Control) Act 1987
92ZE. Section 92C 60% directorship limit-introduced by Broadcasting
(Ownership and Control) Act 1987
92ZF. Section 92 MCS interest limit-introduced by Broadcasting (Ownership
and
Control) Act 1987
92ZG. Section 92C MCS directorship limit-introduced by Broadcasting
(Ownership and Control) Act 1987
92ZH. Subsection 92 (1A) and (1B) interest limits-introduced by
Broadcasting
Amendment Act 1987
Subdivision D-Cross media limits
92ZI. Television/newspaper cross media interest limit-introduced by
Broadcasting (Ownership and Control) Act 1987
92ZJ. Television/newspaper cross media directorship limit-introduced by
Broadcasting (Ownership and Control) Act 1987
92ZK. Television/radio cross media interest limit-introduced by
Broadcasting
(Ownership and Control) Act 1987 and modified by Broadcasting
(Ownership and Control) Act 1988
92ZL. Television/radio cross media directorship limit-introduced by
Broadcasting (Ownership and Control) Act 1987 and modified by
Broadcasting (Ownership and Control) Act 1988
92ZM. Radio/newspaper cross media interest limit-introduced by Broadcasting
(Ownership and Control) Act 1988
92ZN. Radio/newspaper cross media directorship limit-introduced by
Broadcasting (Ownership and Control) Act 1988
PART IIIC-EQUALISATION OF REGIONAL COMMERCIAL TELEVISION
Division 1-Preliminary
93. Interpretation
94. Objects of Part
94A. Minister may make guidelines for implementation plans
Division 2-Indicative Plan
94B. Preparation of Indicative Plan
94C. Approved markets
94D. Aggregation areas
94E. Publication of Indicative Plan
94F. Variation of the Indicative Plan
Division 3-Election by licensees for immediate aggregation or
aggregation via multi-channel services
94G. Election by licensees in approved market
94H. Effect of elections on approved market
94J. Minister to give notice of effect of elections
Division 4-Implementation plans
94K. Submission of implementation plans
94L. Implementation plans
94M. Criteria for approval of implementation plan
94N. Minister's powers in relation to implementation plans of licensees in
approved markets
94P. Minister's powers in relation to implementation plans of licensees
not
in approved markets
94Q. Variation of implementation plan
94R. Effect of transfer of licence on implementation plan
Division 5-Aggregation and multi-channel services
94S. Aggregation
94T. Multi-channel service permits
94U. Relationship of MCS permit to head licence
94V. Grant of MCS permit
94W. Conditions applicable to MCS permit
94X. Renewal of MCS permits
94Y. Suspension and revocation of MCS permit
94Z. Separate transfer of permit not permitted
94ZA. Broadcasting requirements
94ZB. Permit warrants
Division 6-Consolidation of licences
94ZC. Consolidation of licences
94ZD. Effect of consolidation of licences on implementation plans
Division 7-Grant of additional licences in approved markets
94ZE. Grant of additional licences in approved markets
Division 8-Special provisions in relation to Tasmania
94ZF. Additional licence in Tasmania
94ZG. Consolidation of existing licences in Tasmania
94ZH. Aggregation of service areas of existing licences in Tasmania
Division 9-Miscellaneous
94ZJ. Minister may require information from licensees
94ZK. Minister to notify Tribunal
94ZL. No compensation
PART IV-BROADCASTING REQUIREMENTS
96. Commencement of service
97. Hours of service
99. Programs
100. Special provisions relating to advertisements
101. Reprimands and admonishments
102. Transmission of news
103. Broadcasting of religious matter
104. Items of national interest
105. Particulars of programs to be made available
105A. Action taken under subsection 99 (3) or section 104 to be reported to
the Parliament
113. Corporation to make certain programs available to licensees
113A. Corporation may make programs available to certain licensees
114. Encouragement of Australian artists
115. Televising of sporting events and entertainments
116. Broadcasting or televising of political matter or
controversial matter
117. Identification etc. in relation to political matter
117A. Records of matter broadcast
118. Broadcasting of objectionable items
119. Restrictions on participation in broadcasts
119AA. Programs of supplementary stations
119AB. Special provisions relating to public licences
119AC. Special provisions relating to limited licences
PART V-GENERAL
119A. Review of decisions
120. Defamatory broadcast statements
121. Interference with broadcasting of programs etc.
122. Protection of certain licensees against actions
123. Licensee to keep accounts etc.
123A. Penalty for unpaid licence fees
124. Assembly of information
125. Secrecy
125A. Indemnification of Minister against claim for royalty etc.
125B. Lights on masts
125C. Notices
125D. Additional functions of Minister
125E. Orders etc.
125F. Remuneration
125G. Delegation by Minister
129. Licences subject to Act
131. Control of broadcasting and television in case of emergency
131A. Inspection
132. Offences
133. Service etc. of documents
133A. Tabling of government policy statements
134. Regulations
SCHEDULE
Examples of the Operation of Sections 6B and 89DA
(Retransmission Permits)
BROADCASTING ACT 1942 - LONG TITLE
SECT
An Act relating to Broadcasting, and for other purposes
BROADCASTING ACT 1942 - PART I
PART I-PRELIMINARY
BROADCASTING ACT 1942 - SECT 1
Short title
SECT
1. This Act may be cited as the Broadcasting Act 1942.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BROADCASTING ACT 1942 - SECT 2
Commencement
SECT
2. This Act shall commence on a date to be fixed by Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BROADCASTING ACT 1942 - SECT 4
Interpretation
SECT
4.(1) In this Act, unless the contrary intention appears:
'adequate and comprehensive service' has the meaning given by subsections
(6), (7) and (12);
'aggregation area', in relation to a licence, means the area that, in
accordance with the Indicative Plan, is the aggregation area in relation to
the licence;
'aggregation completion date', in relation to an approved market, means:
(a) 31 December 1996; or
(b) if the Minister, pursuant to subsection 94F (5), specifies a later
date
in relation to the approved market-that later date;
'AM commercial radio licence' has the meaning given by subsection (14);
'AM commercial radio licence in a large city or town' has the meaning given
by subsection (16);
'appoint' includes re-appoint;
'approved bank' means the Reserve Bank of Australia or another bank approved
by the Treasurer for the purposes of the provision in which the expression
occurs;
'approved market' means an area that, in accordance with the Indicative
Plan, is an approved market for the purposes of Part IIIC;
'arbitrator' means a person acting as arbitrator under a State commercial
arbitration law;
'associate member' means an associate member of the Tribunal appointed under
section 11;
'AUSSAT satellite' means a satellite used by AUSSAT Pty Ltd in carrying on
its business;
'Australia' includes the Territories;
'authorized officer', in relation to any provision of this Act, means an
officer authorized by the Minister or by the Tribunal for the purposes of that
provision;
'broadcast' means broadcast by radio or televise;
'broadcast by radio' means to operate a radiocommunications transmitter for
the purpose of the transmission to the general public of radio programs;
'category of licence' means a category of licence referred to in any of the
paragraphs of the definition of 'licence';
'commercial licence' means a commercial radio licence or commercial
television licence;
'commercial radio licence' means:
(a) a licence granted as a commercial radio licence under section 81; or
(b) a licence deemed by section 86C to be a commercial radio licence;
including such a licence as renewed or further renewed;
'commercial television licence' means a licence granted as a commercial
television licence under section 81;
'constituent documents', in relation to a corporation, means:
(a) if the corporation has a memorandum and articles of association-the
memorandum and articles of association of the corporation; or
(b) in any other case-the documents:
(i) under, or by virtue of which, the corporation is established;
and
(ii) that define the constitution of the corporation and contain the
rules governing the meetings and other proceedings of the corporation;
'convert to FM', in relation to an AM commercial radio licence, means vary
the technical conditions of the licence warrant in respect of the licence
under subsection 89D (6) so as to authorise very high frequency transmission;
'default', in relation to an offer of FM conversion, has the meaning given
by subsection 89DAM (1);
'Fees Act' means the Radio Licence Fees Act 1964, the Television Licence
Fees Act 1964 or the Broadcasting (Limited Licences) Fees Act 1988;
'FM frequency' means a frequency in the very high frequency band;
'government corporation' means a corporation established for a public
purpose by or under a law of the Commonwealth, a State or a Territory (other
than a corporation prescribed, or falling in a class of corporations
prescribed, by the regulations for the purpose of this definition);
'implementation plan', in relation to a licensee in relation to a licence,
means the implementation plan that is applicable to the licensee in respect of
the licence in accordance with Part IIIC;
'Indicative Plan' means the plan in force under Division 2 of Part IIIC;
'inquiry' means an inquiry in accordance with Division 3 of Part II;
'large city or town' has the meaning given by subsection (15);
'licence' means:
(a) a commercial radio licence;
(b) a commercial television licence;
(c) a supplementary radio licence;
(e) a public radio licence;
(f) a public television licence;
(g) a remote radio licence;
(h) a remote television licence; or
(ha) a limited licence;
'licence warrant' means a licence warrant granted under section 89D;
'MCS permit' means a multi-channel service permit described in section 94T;
'MCS permit warrant' means an MCS permit warrant granted under section
94ZB;
'limited licence' means a licence granted as a limited licence under section
81 including such a licence as renewed or further renewed;
'media in the service area of the licence' has the meaning given by
subsection (13);
'medium frequency band' means the band designated in the spectrum plan as
the medium frequency or MF band;
'medium frequency transmission' means the operation of a radiocommunications
transmitter or transmitters to transmit programs in the medium frequency
band;
'member' means a member of the Tribunal appointed under section 8;
'member of his family', in relation to a person, means a person who is
related by blood or marriage, or by reason of adoption, to that person;
'metropolitan service area' means a service area in which is situated the
General Post Office of the capital city of a State;
'metropolitan television area' means a metropolitan service area that is the
service area of a commercial television licence;
'necessary preconditions for conversion', in relation to a section 89DAB
notice, means the conditions specified in the notice under paragraph 89DAB (2)
(n);
'non-limited licence' means a licence that is not a limited licence;
'offer', in relation to FM conversion, has the meaning given by subsection
89DAK (1);
'Parliament' means:
(a) the Parliament of the Commonwealth;
(b) a State Parliament;
(ba) the Legislative Assembly for the Australian Capital Territory;
(c) the Legislative Assembly of the Northern Territory; and
(d) any other body or assembly declared by the regulations to be a
Parliament for the purposes of this definition;
'permit' means:
(a) an MCS permit;
(b) a retransmission permit; or
(c) a temporary transmission permit;
'planning grounds' means grounds relating to the planning or development of
broadcasting services or radiocommunications;
'political party' means an organisation whose objects or activities include
the promotion of the election of a candidate or candidates endorsed by it to a
Parliament;
'program' includes advertisement and any other matter;
'program standard' means a standard or condition determined by the Tribunal
in the performance of its function under paragraph 16 (1) (d);
'public licence' means a public radio licence or public television licence;
'public radio licence' means a licence granted as a public radio licence
under section 81 including such a licence as renewed or further renewed;
'public television licence' means a licence granted as a public television
licence under section 81 including such a licence as renewed or further
renewed;
'radio licence' means a commercial radio licence, a supplementary radio
licence, a public radio licence or a remote radio licence;
'radiocommunication' has the same meaning as in the Radiocommunications Act
1983;
'regional licence' means a licence that, in accordance with the Indicative
Plan, is a regional licence for the purposes of Part IIIC;
'regional licensee' means a licensee who holds a regional licence;
'related corporation' has the same meaning as in the Companies Act 1981;
'relevant special event', in relation to a limited licence that is granted
for special event purposes, means the festival, exhibition, exposition,
sporting event or other special event in relation to which the licence is
granted;
'remote Aboriginal community' means a community declared under subsection
81B (9) to be a remote Aboriginal community for the purposes of section 81B;
'remote licence' means a remote radio licence or remote television licence;
'remote radio licence' means a licence granted as a remote radio licence
under section 81 including such a licence as renewed or further renewed;
'remote television licence' means a licence granted as a remote television
licence under section 81 including such a licence as renewed or further
renewed;
'renewal', in relation to a licence or permit, has the meaning given by
subsection (11);
'retransmission permit' means a permit granted under section 89DA including
such a permit as renewed or further renewed;
'Secretary' means the Secretary to the Department;
'section 89DAB notice' means a notice published under section 89DAB;
'Service' means the Special Broadcasting Service established by Part IIIA;
'service area' means:
(a) in relation to a licence or the holder of a licence-the area to be
served pursuant to the licence;
(b) in relation to a permit or the holder of a permit-the area to be
served
pursuant to the permit; or
(c) in relation to the Corporation or the Service-an area in which the
Corporation or Service, as the case may be, provides a broadcasting service,
being an area determined by the Minister to be a service area for the purposes
of this paragraph;
'service specification', in relation to a licence, means a specification of
service area of the licence and includes:
(a) in the case of a public licence-the specification of the purpose for
which the licence is granted, to the extent that that purpose is specified by
the Minister in accordance with Part IIIB; and
(b) in the case of a limited licence-the specification of:
(i) whether the service to be provided pursuant to the licence is to
be one involving:
(A) the broadcasting of radio programs; or
(B) the broadcasting of television programs; and
(ii) the purpose for which the licence is granted, to the extent
that
that purpose is specified by the Minister in accordance with Part IIIB;
'spectrum plan' has the same meaning as in Part IV of the
Radiocommunications Act 1983;
'State commercial arbitration law' means a law of a State or Territory that
makes provision for the submission of a dispute to arbitration pursuant to a
written agreement between the parties to the dispute;
'statutory authority' means:
(a) a government corporation; or
(b) an authority or body (not being a corporation) established for a
public
purpose by or under a law of the Commonwealth, a State or a Territory;
'supplementary radio licence' means a licence granted as a supplementary
radio licence under section 81 including such a licence as renewed or further
renewed;
'technical condition' means:
(a) in relation to a licence warrant or an MCS permit warrant-a condition
relating to:
(i) the design, siting, installation, maintenance or operation
(including operating power, constancy and frequency) of the
radiocommunications transmitter or transmitters to be used for the
transmission of programs pursuant to the licence or the MCS permit;
(ii) the design, siting, installation, maintenance or operation of
facilities (not including studios or studio equipment facilities) to be used
in association with the radiocommunications transmitter or transmitters; or
(iii) the siting of the studio or the studios to be used in
connection
with the transmission of programs pursuant to the licence or the MCS permit;
and
(b) in relation to a retransmission permit granted under paragraph 89DA
(5)
(a) or temporary transmission permit-a condition relating to:
(i) the design, siting, installation, maintenance or operation
(including operating power, constancy and frequency) of the
radiocommunications transmitter or transmitters to be used for the
transmission of programs pursuant to the permit; or
(ii) the design, siting, installation, maintenance or operation of
facilities to be used in association with the radiocommunications transmitter
or transmitters;
'technical condition' means:
(a) in relation to a licence warrant in respect of a licence (other than a
re-transmission licence) or an MCS permit warrant-a condition relating to:
(i) the design, siting, installation, maintenance or operation
(including operating power, constancy and frequency) of the
radiocommunications transmitter or transmitters to be used for the
transmission of programs pursuant to the licence or MCS permit;
(ii) the design, siting, installation, maintenance or operation of
facilities (not including studios or studio equipment or facilities) to be
used in association with the radiocommunications transmitter or transmitters;
or
(iii) the siting of the studio or studios to be used in connection
with the transmission of programs pursuant to the licence or MCS permit; or
(b) in relation to a licence warrant in respect of a re-transmission
licence-a condition relating to the design, siting, installation, maintenance
or operation of the telegraph lines and other equipment or facilities to be
used for or in connection with the transmission of programs pursuant to the
licence;
'technical grounds' means grounds relating to technical matters;
'telegraph line' means a line within the meaning of the Telecommunications
Act 1989;
'televise' means to operate a radiocommunications transmitter for the
purpose of the transmission to the general public of television programs;
'television licence' means a commercial television licence, a public
television licence or a remote television licence;
'temporary transmission permit' means a permit granted under section 89DF;
'Tender Board' means the Tender Board established under section 89DAF;
'tender list' means a list prepared under subsection 89DAH (4) as affected
by any deletions made under subsection 89DAM (2);
'the Broadcasting Council' means the Broadcasting Council established by
virtue of paragraph 134 (1) (ba);
'the Commission' means the Australian Broadcasting Commission that was
constituted under Part III before the enactment of the Australian Broadcasting
Corporation Act 1983;
'the Corporation' means the Australian Broadcasting Corporation constituted
under the Australian Broadcasting Corporation Act 1983;
'the Tribunal' means the Australian Broadcasting Tribunal constituted under
this Act;
'transfer to the Commonwealth', in relation to a transmission site, means
make available to the Commonwealth an interest in the site that is acceptable
to the Secretary, having regard to the objectives of Division 1A of Part
IIIB;
'transmission equipment' means:
(a) a radiocommunications transmitter or transmitters; and
(b) any associated mast or masts;
'transmission facilities' means transmission equipment and the site or sites
on which the transmission equipment is or is to be located;
'transmission facilities value', in relation to an application under section
89DAE, means the amount specified in the statement referred to in paragraph
89DAE (2) (f);
'transmission site' means the site or sites on which transmission equipment
is or is to be located and includes any transmitter hut associated with that
equipment but does not include any mast associated with that equipment;
'value', in relation to a transmission site, has the meaning given by
subsection (17);
'very high frequency band' means the band designated in the spectrum plan as
the very high frequency or VHF band;
'very high frequency transmission' means the operation of a
radiocommunications transmitter or transmitters to transmit programs in the
very high frequency band;
(2) In this Act, unless the contrary intention appears, an expression that
is used in the definition of 'broadcast by radio' or 'televise' in subsection
(1) and is also used in the Radiocommunications Act 1983 has the same meaning
as in that Act.
(4) For the purposes of this Act, an area shall be taken to overlap another
area if the first-mentioned area is wholly or partly co-extensive with, or is
within, the other area.
(5) A reference in this Act to the area served or to be served pursuant to a
licence or permit includes a reference to an area that consists of 2 or more
separate areas served or to be served pursuant to the licence or permit.
(6) A reference in this Act (other than section 18A) to the provision by a
licensee of an adequate and comprehensive service pursuant to a licence shall
be read as a reference to the provision by the licensee of an adequate and
comprehensive service, having regard to:
(a) the technical conditions of the licence warrant;
(b) the requirements of this Act and the regulations;
(c) the nature of the community to be served pursuant to the licence;
(d) the diversity of the interests of that community;
(da) the extent (if any) to which the licensee broadcasts different
programs
from different radiocommunications transmitters pursuant to the licence; and
(e) the nature of any other broadcasting services (including broadcasting
services provided by the Corporation or the Service) having service areas that
overlap the service area of the licence.
(7) A reference in this Act to the provision by a licensee of an adequate
and comprehensive service pursuant to the MCS permit held by the licensee
shall be read as a reference to the provision by the licensee of an adequate
and comprehensive service pursuant to the permit, having regard to:
(a) the technical conditions of the MCS permit warrant;
(b) the requirements of this Act and the regulations;
(c) the nature of the community to be served pursuant to the permit;
(d) the diversity of interests of that community;
(da) the extent (if any) to which the licensee broadcasts different
programs
from different radiocommunications transmitters pursuant to the permit;
(e) the nature of any other broadcasting services (including broadcasting
services provided by the Corporation or the Service) having service areas that
overlap the service area of the permit; and
(f) the implementation plan applicable to the licensee in respect of the
licence in respect of which the permit is granted.
(8) A reference in this Act to a licence in an approved market is a
reference to a licence whose service area is within the approved market.
(9) A reference in this Act to a licensee in an approved market is a
reference to the holder of a licence in the approved market.
(10) A reference in this Act to the implementation plan applicable to a
licensee in respect of a licence is a reference to:
(a) in a case where the Minister approves, under subsection 94N (1), (3)
or
(6) or section 94P, an implementation plan submitted by the licensee in
respect of the licence-the implementation plan so approved; or
(b) in a case where the Minister determines, under subsection 94N (4) or
(5)
or 94R (2), the terms of the implementation plan that is to be applicable to
the licensee in respect of the licence for the purposes of this Act-the
implementation plan so determined;
and includes a reference to such an implementation plan as varied under
section 94Q.
(11) A reference in this Act to the renewal of a licence or permit (in this
subsection referred to as the 'original licence or permit') is a reference to
the grant of a licence or permit (in this subsection referred to as the'
renewed licence or permit') in respect of the service to which the original
licence or permit related so that the renewed licence or permit commences:
(a) on the day after the expiration of the original licence or permit;
(b) on the day after the expiration of the permit granted upon the
previous
renewal of the original licence or permit; or
(c) if there have been 2 or more renewals of the original licence or
permit-on the day after the expiration of the last previous renewal of the
original licence or permit.
(12) A reference in this Act to the community to be served pursuant to a
licence, in relation to a public licence granted or to be granted for the
purpose of serving a particular special interest, or particular special
interests, of a section of the community that is located within the service
area of the licence, shall be read as a reference to that section of the
community.
(13) A reference in this Act to the media in the service area of a licence
includes a reference to:
(a) newspapers, journals and the like available in that service area; and
(b) any broadcasting service provided pursuant to another licence that has
a
service area that overlaps the service area of the licence.
(14) For the purposes of this Act, a licence is an AM commercial radio
licence if:
(a) the licence is a commercial radio licence; and
(b) the licence warrant in respect of the licence authorises medium
frequency transmission but not very high frequency transmission.
(15) For the purposes of this Act, a city or town is a large city or town if
the population of the statistical district or statistical division for the
city or town exceeds 800,000, or such higher figure as is prescribed for the
purposes of subsection 6B (2) of the Radio Licence Fees Act 1964.
(16) For the purposes of this Act, an AM commercial radio licence is in a
large city or town if:
(a) the service area of the licence includes the general post office or
main
post office of a large city or town; or
(b) the following conditions are satisfied:
(i) the licence (in this paragraph called the 'first licence') is
specified in a declaration under subsection 89T (2) as having a substantial
market in common with another AM commercial radio licence (in this paragraph
called the 'second licence');
(ii) the service area of the second licence includes the general
post
office or main post office of a large city or town;
(iii) at the time when the declaration under subsection 89T (2) was
made, the Minister was satisfied that more than 30% of the population of the
service area of the second licence was also within the service area of the
first licence.
(17) Where a licensee proposes to make available to the Commonwealth an
interest in a transmission site, a reference in Division 1A of Part IIIB to
the value of the transmission site is to be read as a reference to the value
of that interest.
BROADCASTING ACT 1942 - SECT 6
Application to the Territories
SECT
6. The provisions of this Act shall extend to the Territories.
BROADCASTING ACT 1942 - PART IA
PART IA-PROHIBITION ON USE OF CERTAIN FACILITIES IN
CONNECTION WITH BROADCASTING
BROADCASTING ACT 1942 - SECT 6A
Unauthorised operation of certain transmitters prohibited
SECT
6A.(1) A person shall not, without reasonable excuse, operate a
radiocommunications transmitter to transmit radio programs or television
programs to the general public except as authorised by:
(a) a licence warrant;
(b) an MCS permit warrant;
(c) a retransmission permit; or
(d) a temporary transmission permit.
(1A) For the purposes of subsection (1), the operation of a
radiocommunications transmitter shall not be taken to be authorized by a
warrant or permit unless the technical conditions of the warrant or permit
relating to the transmitter, or to other facilities (including studios)
associated with the transmitter, are complied with.
(2) Without limiting the generality of the expression 'reasonable excuse' in
subsection (1), it is a reasonable excuse if a person operated a
radiocommunications transmitter in the honest belief that that operation was
reasonably necessary for the purpose of:
(a) securing the safety of a vessel or aircraft that was in danger;
(b) dealing with an emergency involving a serious threat to the
environment;
or
(c) dealing with an emergency involving risk of death of, or injury to,
persons, or risk of substantial loss of, or substantial damage to, property.
(3) The Radiocommunications Act 1983 applies in relation to an offence
against subsection (1) by virtue of subsection 132 (1) (in this subsection
referred to as a 'relevant offence') as if a reference in that Act (other than
section 83) to an offence against that Act were a reference to a relevant
offence.
(4) An expression used in this section and in the Radiocommunications Act
1983 has the same meaning in this section as in that Act.
BROADCASTING ACT 1942 - SECT 6B
Use of telegraph lines for retransmission of programs
SECT
6B.(1) A person shall not use a telegraph line to transmit a program
broadcast or transmitted by the Corporation or the Service unless:
(a) the telegraph line is erected upon private land or within a private
building;
(b) the transmission is made for the purpose of broadcasting the program;
(c) the transmission is made in the course of a telephone call between
that
person and another person; or
(d) the transmission is authorised by a retransmission permit.
(2) A person shall not use a telegraph line to transmit a program broadcast
or transmitted by a licensee unless:
(a) the telegraph line is erected upon private land or within a private
building;
(b) the transmission terminates at a place within the licence's service
area;
(c) the transmission is made for the purpose of broadcasting the program;
(d) the transmission is made in the course of a telephone call between
that
person and another person; or
(e) the transmission is authorised by a retransmission permit.
(3) Examples of the operation of this section and section 89DA are set out
in the Schedule.
BROADCASTING ACT 1942 - SECT 6C
Transmissions for broadcast by AUSSAT satellite
SECT
6C. A person shall not transmit radio programs or television programs to an
AUSSAT satellite (wherever it is) with a view to the programs being
transmitted by a radiocommunications transmitter in the satellite to the
general public unless the operation of the transmitter for the purpose of the
transmission of those programs to the general public is authorized by a
licence warrant.
BROADCASTING ACT 1942 - PART II
PART II-THE AUSTRALIAN BROADCASTING TRIBUNAL
BROADCASTING ACT 1942 - DIVISION 1
Division 1-Establishment and Constitution of the Tribunal
BROADCASTING ACT 1942 - SECT 7
Establishment of Tribunal
SECT
7.(1) There is hereby established a Tribunal by the name of the Australian
Broadcasting Tribunal.
(2) The Tribunal:
(a) is a body corporate, with perpetual succession;
(b) shall have a common seal;
(c) may sue and be sued under its corporate name; and
(d) has power to acquire, hold and dispose of real and personal property.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Tribunal affixed to a document and presume
that it was duly affixed.
BROADCASTING ACT 1942 - SECT 8
Membership of Tribunal
SECT
8.(1) The Tribunal shall consist of a Chairman, a Vice-Chairman and at least
one other member but not more than 6 other members.
(2) The members shall be appointed by the Governor-General as full-time
members.
(3) A member shall be appointed for such period, not exceeding 5 years, as
is specified in his instrument of appointment, but is eligible for
re-appointment.
(4) A member shall hold office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the
Governor-General.
(5) A person who has attained the age of 65 years shall not be appointed or
re-appointed as a member and a person shall not be appointed or re-appointed
as a member for a period that extends beyond the date on which he will attain
the age of 65 years.
(6) The performance of the functions and the exercise of the powers of the
Tribunal are not affected by reason of:
(a) there being a vacancy in the office of Chairman or of Vice-Chairman;
or
(b) the number of members falling below 3 for a period of not more than 6
months.
BROADCASTING ACT 1942 - SECT 9
Pecuniary interests
SECT
9. A member who, on the date on which he becomes a member, has a direct or
indirect pecuniary interest in a business carried on in Australia, or in a
body corporate carrying on such a business, being an interest that could be in
conflict with his duties as a member, shall dispose of the interest within 14
days after that date.
BROADCASTING ACT 1942 - SECT 10
Acting members
SECT
10.(1) Where there is or is about to be a vacancy in the office of Chairman
of the Tribunal, the Governor-General may appoint a member to act as Chairman
during the vacancy.
(2) Where there is or is about to be a vacancy in the office of a member,
other than the Chairman, the Governor-General may appoint a person to act as a
member during the vacancy.
(3) For the purposes of subsection (2), there shall be deemed to be a
vacancy in the office of a member at any time when that member is acting as
Chairman in accordance with subsection (1).
(4) Subject to subsection (11), a person appointed to act in accordance with
subsection (1) or (2) shall not continue so to act for more than 12 months.
(5) During any period when there is neither a Chairman nor a person
appointed under subsection (1) or when the Chairman or the person appointed
under subsection (1) is absent from duty or from Australia or is, for any
other reason, unable to perform the functions of the office of Chairman:
(a) the Vice-Chairman shall act as Chairman; or
(b) if there is no Vice-Chairman or the Vice-Chairman is not available to
act as Chairman, the Governor-General may appoint a person (who may be a
member) to act as Chairman, but any such appointment ceases to have effect
when the circumstances giving rise to that appointment cease.
(6) The Governor-General may appoint a person to act as a member during any
period, or during all periods, when a member, other than the Chairman, is
absent from duty or from Australia, is acting as Chairman in accordance with
subsection (5) or is, for any other reason, unable to perform the functions of
his office.
(7) The Governor-General may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.
(8) The appointment of a person under this section ceases to have effect if
he resigns his appointment by writing under his hand delivered to the
Governor-General.
(9) At any time when a person is acting as Chairman or as a member in
accordance with this section, he has, and may exercise, all the powers and
shall perform all the functions of the Chairman or a member, as the case may
be, and if he is not a member, shall be deemed to be a member for the purposes
of sections 15B, 15C, 15D, 23 and 24.
(10) The validity of anything done by a person purporting to act in
accordance with this section shall not be called in question by reason of any
defect or irregularity in or in connexion with his appointment or on the
ground that the occasion for his so acting had not arisen or had ceased.
(11) Where a person is acting as a member in accordance with subsection (2),
(5) or (6), the Governor-General may, by reason of a pending inquiry or other
special circumstances, direct that he shall continue so to act after the
circumstances giving rise to his appointment cease until the Governor-General
directs otherwise, but a person shall not continue to act by virtue of a
direction under this subsection for more than 12 months.
BROADCASTING ACT 1942 - SECT 11
Associate members
SECT
11.(1) The Chairman of the Tribunal may notify the Minister that the
Chairman considers that the Tribunal should be assisted by an associate member
in relation to:
(a) a particular inquiry (including an inquiry that has already
commenced);
(b) a particular class of inquiries; or
(c) inquiries by the Tribunal in general.
(1A) Where the Chairman notifies the Minister under subsection (1), the
Governor-General may, subject to this section, appoint a person accordingly to
be an associate member of the Tribunal.
(1B) The instrument of appointment of a person appointed under subsection
(1A) shall specify either that:
(a) the person is appointed for the purposes of a particular inquiry
specified in the instrument;
(b) the person is appointed for the purposes of a particular class of
inquiries specified in the instrument; or
(c) the person is appointed for the purposes of inquiries by the Tribunal
in
general.
(2) Not more than 6 persons shall hold appointments as associate members at
any one time.
(3) Subject to subsection (3C), an associate member shall be appointed:
(a) if appointed for the purposes of a particular inquiry-for the period
commencing on the day specified in the instrument of appointment as the day on
which the appointment takes effect and ending on the day on which the Tribunal
completes the inquiry; or
(b) in any other case-for the period (not exceeding 2 years) specified in
the instrument of appointment;
but is eligible for re-appointment.
(3A) A person who has attained the age of 65 years shall not be appointed as
an associate member for the purpose of a particular inquiry.
(3B) A person who has attained the age of 65 years shall not be appointed as
an associate member for the purposes of a particular class of inquiries or
inquiries by the Tribunal in general and, subject to subsection (3C), a person
shall not be appointed as such an associate member for a period that extends
beyond the day on which the person will attain the age of 65 years.
(3C) Where:
(a) an associate member is designated, under section 15C, as a member of a
Division constituted for the purposes of a particular inquiry; and
(b) apart from this subsection, the appointment of the associate member
would end before the Tribunal completes the inquiry;
the appointment of the associate member continues, subject to sections 15 and
15A, until the Tribunal completes the inquiry.
(4) An appointment of an associate member shall be on such terms and
conditions (if any) in respect of matters not provided for by this Act as are
determined by the Governor-General.
(5) A person may hold 2 or more appointments under this section at the same
time.
(6) A person appointed as an associate member under subsection (1A):
(a) has, and may exercise, all the powers, and shall perform all the
functions, of a member; and
(b) shall be deemed to be a member for the purposes of section 15B;
in relation to the making by the Tribunal of a decision, recommendation or
report on the matter or matters the subject of:
(c) if the person was appointed for the purposes of a particular
inquiry-that inquiry; or
(d) in any other case-any inquiry in respect of which the person is
designated by the Chairman under section 15C.
(7) For the purposes of this section, an inquiry shall not be taken to be
completed until after the completion of the report of the Tribunal in relation
to the inquiry.
BROADCASTING ACT 1942 - SECT 12
Acting associate members
SECT
12.(1) If an associate member is or is about to be absent from duty or from
Australia or is, for any other reason, unable to perform his functions as an
associate member, the Governor-General may, if the Chairman of the Tribunal so
requests, appoint a person to act as an associate member in place of the
associate member during the absence or the period of inability.
(2) The Governor-General may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.
(3) The appointment of a person under this section ceases to have effect if
he resigns his appointment by writing under his hand delivered to the
Governor-General.
(4) At any time when a person is acting as an associate member, he has, and
may exercise, all the powers and shall perform all the functions of the
associate member in whose place he is appointed and shall be deemed to be an
associate member for the purposes of subsection 11 (6) and sections 13, 15C,
23 and 24.
(5) The validity of anything done by a person purporting to be acting in
accordance with this section shall not be called in question by reason of any
defect or irregularity in or in connexion with his appointment or on the
ground that the occasion for his so acting had not arisen or had ceased.
(6) Where a person is acting as an associate member and the person:
(a) is a member of a Division constituted for the purposes of a particular
inquiry; or
(b) is a member of 2 or more Divisions, each of which is constituted for
the
purposes of a particular inquiry;
the Governor-General may direct that the person shall continue so to act after
the circumstances giving rise to the acting appointment cease in relation to,
and for the duration of:
(c) the inquiry or inquiries specified by the Governor-General in the
direction; or
(d) all of the inquiries other than the inquiry or inquiries specified by
the Governor-General in the direction;
until the Governor-General directs otherwise.
BROADCASTING ACT 1942 - SECT 13
Disclosure of financial interests by associate members
SECT
13.(1) An associate member shall, to the best of his knowledge, disclose to
the Chairman of the Tribunal any direct or indirect pecuniary interest that he
has or acquires in a business carried on in Australia, or in a body corporate
carrying on such business, being an interest that could be in conflict with
his duties as an associate member.
(2) Where an interest is so disclosed to the Chairman and:
(a) in the case of an interest in a business-the person carrying on the
business; or
(b) in the case of an interest in a body corporate-that body corporate, is
concerned in the inquiry for the purposes of which the associate member has
been appointed or an inquiry in respect of which the Chairman has designated
the associate member under section 15C, the Chairman shall cause the interest
to be disclosed to the public.
(3) Where:
(a) in respect of a particular inquiry, a Division of the Tribunal
includes
an associate member; and
(b) the associate member has disclosed an interest under subsection (1);
the interest, whether or not it is an interest to which subsection (2)
applies, shall be set out in the report of the Tribunal in relation to the
inquiry.
BROADCASTING ACT 1942 - SECT 14
Leave of absence
SECT
14. The Minister may grant leave of absence to a member or associate member
upon such terms and conditions as to remuneration or otherwise as the Minister
determines.
BROADCASTING ACT 1942 - SECT 15
Resignation
SECT
15. A member may resign his office or an associate member may resign his
appointment by writing under his hand delivered to the Governor-General.
BROADCASTING ACT 1942 - SECT 15A
Termination of office
SECT
15A.(1) The Governor-General may terminate the appointment of a member or
associate member for misbehaviour or physical or mental incapacity.
(2) If:
(a) a member or associate member becomes bankrupt, applies to take the
benefit of any law for the relief of bankrupt or insolvent debtors, compounds
with his creditors or makes an assignment of his remuneration for their
benefit;
(b) a member:
(i) except with the approval of the Minister, engages in paid
employment outside the duties of his office;
(ii) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days or for 28 days in any 12 months;
(iii) being a member to whom section 9 applies, fails to comply with
that section; or
(iv) acquires a direct or indirect pecuniary interest in a business
carried on in Australia, or in a body corporate carrying on such a business,
being an interest that could be in conflict with his duties as a member; or
(c) an associate member fails to comply with section 13;
the Governor-General may terminate his appointment.
BROADCASTING ACT 1942 - SECT 15B
Meetings
SECT
15B.(1) The Tribunal shall hold such meetings as are necessary for the
performance of its functions.
(2) The Chairman or Vice-Chairman of the Tribunal may convene a meeting.
(3) At a meeting a quorum is constituted by a majority of the members for
the time being holding office.
(4) The Chairman shall preside at all meetings at which he is present.
(5) If the Chairman is not present at a meeting, the Vice-Chairman shall
preside.
(6) If both the Chairman and the Vice-Chairman are absent from a meeting,
the members present shall elect one of their number to preside.
(6A) An associate member shall not be elected to preside under subsection
(6) if a member appointed under section 8 or 10 is present.
(7) Questions arising at a meeting shall be determined by a majority of the
votes of the members present and voting.
(8) The person presiding at a meeting has a deliberative vote and, in the
event of an equality of votes, also has a casting vote.
(9) In relation to a time when a person (other than the Vice-Chairman) is
acting as Chairman, references in this section to the Chairman shall be read
as references to that person.
BROADCASTING ACT 1942 - SECT 15C
Divisions of Tribunal
SECT
15C.(1) The Chairman of the Tribunal may constitute a Division of the
Tribunal for the purposes of an inquiry and, subject to subsection (1A), the
Division shall consist of:
(a) a member or members (who may be or include the Chairman) designated by
the Chairman;
(b) the associate member or associate members (if any) appointed for the
purposes of that particular inquiry; and
(c) an associate member or associate members (if any) designated by the
Chairman. (1A) A Division of the Tribunal constituted for the purposes of
holding an inquiry into:
(a) the renewal of a commercial licence having a metropolitan service
area;
or
(b) the suspension or revocation of a licence;
shall consist of not less than 3 persons of whom at least one is a member and
the others are members or associate members.
(1B) Subject to the operation of subsection (11), a Division of the Tribunal
constituted under subsection (1) shall, for the purposes of holding the
inquiry in relation to which it was constituted and for the purposes of making
decisions, recommendations and reports on the matter the subject of the
inquiry, be deemed to be the Tribunal.
(2) Where a Division of the Tribunal includes the Chairman or a person
acting as Chairman in accordance with subsection 10 (1), he shall preside.
(3) Subject to subsection (2), where a Division of the Tribunal includes the
Vice-Chairman, he shall preside.
(4) Subject to subsections (2) and (3), where a Division of the Tribunal
consists of, or includes, 2 or more members, the Chairman shall designate one
of the members to preside.
(5) Where a Division of the Tribunal consists of one member and an associate
member or associate members, the member shall preside.
(6) The quorum for a meeting of a Division of the Tribunal is a majority of
the members and associate members of which the Division consists.
(7) Subject to the succeeding provisions of this section, the Chairman may:
(a) designate an additional member to be a member of a Division;
(b) designate an additional associate member to be an associate member of
a
Division;
(c) replace a member of a Division with another member or an associate
member; or
(d) replace an associate member of a Division with a member or another
associate member.
(8) The Chairman shall not exercise the power referred to in paragraph (7)
(a) or (b) after the commencement of a hearing in relation to the inquiry for
the purposes of which the Division was constituted unless, in the opinion of
the Chairman, it is necessary to do so because of special circumstances.
(9) The Chairman shall not exercise the power referred to in paragraph (7)
(c) or (d) after the commencement of a hearing in relation to the inquiry for
the purposes of which the Division was constituted unless the member or
associate member to be replaced has ceased to be a member or associate member
of the Tribunal or to be available for that hearing.
(10) Where the Chairman has exercised a power under subsection (7) in
relation to a Division of the Tribunal after the commencement of a hearing in
relation to the inquiry for the purposes of which the Division was
constituted, the hearing shall, unless all the parties to the inquiry
otherwise agree, be recommenced.
(11) In relation to:
(a) an inquiry held under subsection 18 (2) or section 18A; or
(b) an inquiry in relation to the determination of program standards;
the Chairman may, if he is satisfied that it is necessary or desirable so to
do, direct that a decision, recommendation or report in relation to the matter
the subject of the inquiry be made by the Tribunal and not by the Division
that was constituted for the purposes of the inquiry.
BROADCASTING ACT 1942 - SECT 15D
Delegations by Tribunal
SECT
15D.(1) The Tribunal may, either generally or as otherwise provided by the
instrument of delegation, by writing under its common seal, delegate to a
member any of its powers under this Act, other than this power of delegation
and its power to hold inquiries.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Tribunal.
(3) A delegation under this section does not prevent the exercise of a power
by the Tribunal.
BROADCASTING ACT 1942 - SECT 15E
Staff
SECT
15E.(1) The staff of the Tribunal shall be persons appointed or employed
under the Public Service Act 1922.
(2) For the purposes of this section, the Chairman of the Tribunal has all
the powers of, or exercisable by, a Secretary under the Public Service Act
1922 so far as those powers relate to the branch of the Australian Public
Service comprising the staff of the Tribunal as if that branch were a separate
Department of the Australian Public Service.
(3) For the purposes of subsections 25 (5) and (6) of that Act, the Chairman
shall be deemed to be a Secretary.
(4) The Chairman may exercise his powers of delegation under subsection 25
(5) of that Act in favour of a member as if the members were officers for the
purposes of that subsection.
BROADCASTING ACT 1942 - DIVISION 2
Division 2-Powers and Functions of the Tribunal
BROADCASTING ACT 1942 - SECT 16
Functions and powers of Tribunal
SECT
16.(1) The functions of the Tribunal are:
(a) to grant, renew, suspend, revoke and accept the surrender of licences;
(b) to authorize transactions in relation to licences under section 89A,
89B, 89C, 89CA and 89CB;
(c) to grant approvals and give directions under Divisions 2 and 3 of Part
IIIBA in relation to the ownership and control of licences;
(d) by instrument in writing, to determine the standards to be observed by
licensees in respect of the broadcasting of programs and in respect of
programs to be broadcast;
(f) to determine the hours during which programs may be broadcast by
licensees;
(g) to hold inquiries as provided by this Act or as directed by the
Minister
under section 18, and to publish reports in relation to those inquiries;
(h) to assemble information relating to broadcasting in Australia under
section 124; and
(i) to perform such duties and exercise such powers as are imposed or
conferred upon it by this Act and the regulations.
(2) In performing its functions under paragraphs (1) (d) and (f) in relation
to the broadcasting of programs by licensees, the Tribunal shall consult
representatives of those licensees.
(4) Nothing in this Act shall be taken, by implication, to limit the
function of the Tribunal under paragraph (1) (d) of this section.
(5) Without limiting the generality of paragraph (1) (d), the function of
the Tribunal under that paragraph extends to determining standards requiring,
before children's television programs are televised, that the programs, or a
sample of the programs, have been approved by the Tribunal as complying with
the requirements of this Act and of the other standards determined under that
paragraph.
(6) Except as provided by subsection (5), the function of the Tribunal under
paragraph (1) (d) does not extend to determining standards requiring that,
before programs are broadcast, the programs, or a sample of the programs, have
been approved by the Tribunal or by a person or body appointed by the
Tribunal.
(6A) A reference in paragraph 16 (1) (d) or (f) or subsection (2) to a
licensee includes a reference to the holder of an MCS permit.
(6B) The Tribunal may do all things that are necessary or convenient to be
done for or in connection with, or as incidental to, the performance of its
functions and, in particular, may:
(a) produce, publish or distribute documents;
(b) conduct or arrange for conferences or seminars;
(c) provide information services;
(d) otherwise publish or distribute information;
(e) impose charges, subject to subsection (6C), in relation to a matter or
activity referred to in paragraph (a), (b), (c) or (d); and
(f) do anything incidental to any of its powers.
Note: 'document' is defined by section 25 of the Acts Interpretation Act
1901 as including, among other things, any article or material from which
sounds, images or writing can be reproduced.
(6C) The Tribunal shall not impose a charge in relation to the publication
of a document in a particular manner or form if the Tribunal is required by
this Act to publish the document in that manner or form.
(6D) Subsection (6C) is subject to subsection 124 (3) (which requires the
Tribunal to make information assembled under section 124 available, whether
gratis or otherwise, as the Tribunal thinks fit, to any person upon request).
(7) In this section:
'children' means persons who have not attained the age of 14 years;
'children's television program' means a program (other than an
advertisement) that:
(a) is to be televised during a children's viewing period;
(b) is to be televised during a period that is not a children's viewing
period but is required to comply with the program standards as to content that
apply to programs that are to be televised during a children's viewing period
(whether or not the program is also required to comply with other program
standards); or
(c) is to be advertised or presented in a manner that suggests that, in
respect of the program, the program standards as to content that apply to
programs that are to be televised during a children's viewing period have been
complied with;
'children's viewing period' means a period during which a program standard
prohibits the televising of programs other than programs designed for
children;
'standard' includes condition.
BROADCASTING ACT 1942 - SECT 16A
Approval of forms
SECT
16A. Where a provision of this Act requires or permits a thing to be done
in, or in accordance with, a form approved by the Tribunal or the Minister,
the Tribunal or the Minister, as the case may be, may for the purposes of that
provision approve different forms to be applicable in different circumstances.
BROADCASTING ACT 1942 - SECT 17
Orders etc. of the Tribunal
SECT
17.(1) For the purpose of exercising its powers and functions under this
Act, the Tribunal shall have power to make such orders, give such directions
and do all such other things as it thinks fit.
(2) Orders made by the Tribunal:
(a) shall be in writing;
(b) shall not be deemed to be Statutory Rules within the meaning of the
Rules Publications Act 1903-1939; and
(c) shall have the force of law.
(3) Sections 48, 48A, 48B, 49 and 49A of the Acts Interpretation Act
1901-1964 shall apply to orders made by the Tribunal in like manner as they
apply to regulations.
(4) A person shall not contravene any provision of an order made by the
Tribunal which is applicable to him.
(5) A direction given by the Tribunal may be given orally or in writing.
(6) A direction given orally shall be given to the person required to comply
with the direction and thereupon that person shall comply with the direction.
(7) Where a direction is given orally, the Tribunal shall, within 24 hours
thereafter, record the direction in writing.
(8) A copy of a direction given in writing shall be served on the person
required to comply with the direction and thereupon that person shall comply
with the direction.
BROADCASTING ACT 1942 - DIVISION 3
Division 3-Inquiries by the Tribunal
BROADCASTING ACT 1942 - SECT 17A
Interpretation
SECT
17A.(1) In this Division, unless the contrary intention appears:
'area inquiry' means an inquiry under section 18A;
'directed inquiry' means an inquiry under section 18;
'ordinary inquiry' means an inquiry under section 17C.
(2) A reference in this Division to a substantive power of the Tribunal is a
reference to a power of the Tribunal:
(a) to determine program standards;
(b) to grant or renew a licence under subsection 81 (1);
(c) to vary, revoke or impose a condition of a licence under section 85,
otherwise than in accordance with subsection 85 (4);
(d) to suspend or revoke a licence under section 88, 88A, 88B, 88C or 88D;
(e) to consent to a transfer or to the admission of a person under
subsection 89A (1) 89B (1), 89C (1), 89CA (1) or 89CB (1);
(f) to approve a transaction or a part of a transaction under subsection
90JA (1) or (2) or 92FAA (1) or (2);
(g) to register a person under subsection 89Q (2) or to cancel a
registration under subsection 89Q (10);
(h) to issue or revoke a certificate under subsection 89R (2) or (6)
respectively;
(j) to give directions under subsection 92N (1), 99 (2) or 119 (1);
(k) to make orders for the purposes of section 92V or 92VA;
(ka) to make a recommendation under subsection 94W (4);
(kb) to make a recommendation under subsection 94Y (2);
(kc) to give approval to the holders of MCS permits under subsection 94ZA
(3);
(n) to issue a reprimand or admonishment under subsection 101 (1) or give
a
direction under subsection 101 (2);
(o) to determine periods under subsection 103; or
(r) to give approval to the holders of supplementary radio licences under
subsection 119A (2).
BROADCASTING ACT 1942 - SECT 17B
Applications requesting Tribunal to exercise certain substantive powers
SECT
17B.(1) A person may at any time make an application under this section
requesting the Tribunal to exercise any of its substantive powers, other than
a substantive power in respect of the exercise of which an application is
expressly permitted to be made under another provision of this Act.
(2) An application under this section shall be made in accordance with the
regulations.
BROADCASTING ACT 1942 - SECT 17C
Ordinary inquiries
SECT
17C.(1) Where the Tribunal receives an application under this Act requesting
the exercise of any of its substantive powers, or proposes to exercise any of
its substantive powers otherwise than on such an application, the Tribunal
shall hold an inquiry into the requested or proposed exercise of the power.
(2) Where the Tribunal proposes, either on its own initiative or at the
request of any person, to exercise any of its powers, other than a substantive
power, under this Act or the regulations, the Tribunal may in its discretion
hold an inquiry into the proposed exercise of the power.
(3) The Tribunal may, in its discretion, hold an inquiry into:
(a) any matter relating to the operation of this Act;
(b) any matter relating to broadcasting services; or
(c) any other matter, being a matter with respect to which the Parliament
has power to make laws by virtue of paragraph 51 (v) of the Constitution,
that, in the opinion of the Tribunal, relates directly or indirectly to a
matter referred to in paragraph (a) or (b).
(4) A reference in subsection (3) to a matter shall be read as not including
a reference to:
(a) a matter relating to the Corporation or the Service or to the affairs
or
operations of the Corporation or the Service; or
(b) a matter in respect of which the Tribunal is required or permitted to
hold an inquiry by virtue of any provision of this Act (other than subsection
(3) or subsection 18 (2)).
(5) Subject to subsection (6), an inquiry under subsection (1) shall be held
in accordance with this Division and the regulations.
(6) Notwithstanding the preceding provisions of this section, regulations
under section 134 may make provision for and in relation to:
(a) the deferral, suspension or termination of ordinary inquiries; and
(b) the holding of:
(i) joint ordinary inquiries into the exercise of 2 or more powers
by
the Tribunal;
(ii) separate ordinary inquiries into different aspects of the
exercise of the same power by the Tribunal; and
(iii) ordinary inquiries into certain aspects only of the exercise
of
a power by the Tribunal.
(7) Where the Tribunal determines that for reasons of urgency it is not
practicable for the Tribunal or another person to comply with a particular
requirement or particular requirements of the regulations or of this Division
in relation to the holding of an inquiry under subsection (1), the following
provisions have effect:
(a) the Tribunal, or that other person, as the case may be, is not
required
to comply with that requirement or those requirements, as the case may be, in
relation to the holding of the inquiry; and
(b) the Tribunal may in lieu of that requirement or those requirements, as
the case may be, adopt any other procedure or procedures that it considers
appropriate.
(8) Subject to this Division and to the regulations, the conduct of an
inquiry under subsection (2) or (3) is within the discretion of the Tribunal.
BROADCASTING ACT 1942 - SECT 18
Directed inquiries
SECT
18.
(2) The Minister may direct the Tribunal to hold an inquiry in accordance
with this Division into:
(a) any matter relating to the operation of this Act;
(b) any matter relating to broadcasting services; or
(c) any other matter, being a matter with respect to which the Parliament
has power to make laws by virtue of paragraph 51 (v) of the Constitution,
that, in the opinion of the Minister, relates directly or indirectly to a
matter referred to in paragraph (a) or (b);
and may direct the Tribunal to make recommendations in relation to that matter
following the inquiry.
(2A) A reference in subsection (2) to a matter shall be read as not
including a reference to:
(a) a matter relating to the Corporation or the Service or to the affairs
or
operations of the Corporation or the Service; or
(b) a matter in respect of which the Tribunal is required or permitted to
hold an inquiry by virtue of any provision of this Act (other than subsection
17C (3), subsection (2) of this section or section 18A) or by virtue of
section 33 of the Broadcasting and Television Amendment Act 1977.
(2B) Where the Tribunal is directed under subsection (2) to hold an inquiry
into a matter, the Tribunal shall, by notice in the Gazette and in such
newspaper or newspapers as the Tribunal thinks appropriate, invite members of
the public to lodge with the Tribunal, not later than a specified date (not
being earlier than 21 days after the date of publication of the notice in the
Gazette), written submissions relating to that matter.
(2C) The Tribunal shall, at an inquiry referred to in subsection (2B), have
regard to any submissions lodged in accordance with that subsection.
(2D) Subject to this Division and to the regulations, the conduct of
inquiries held under this section is within the discretion of the Tribunal.
(3) A reference in this section to this Act shall be read as including a
reference to the regulations.
BROADCASTING ACT 1942 - SECT 18A
Area inquiries
SECT
18A.(1) The Tribunal may, in relation to any area that the Tribunal
considers appropriate, hold an inquiry into:
(a) the adequacy and comprehensiveness of the broadcasting services
provided
by licensees to the community in that area, having regard to the nature of any
broadcasting service provided in that area by the Corporation or the Service
and to such other matters as the Tribunal considers relevant; and
(b) the extent to which the licensees providing those services encourage
the
broadcasting of programs wholly or substantially produced in Australia and
use, and encourage the use of, Australian creative resources in and in
connection with the provision of such programs.
(2) Subject to this Division and to the regulations, the conduct of
inquiries held under this section is within the discretion of the Tribunal.
(3) A reference in this section to a licensee includes a reference to the
holder of an MCS permit or retransmission permit.
BROADCASTING ACT 1942 - SECT 19
Inquiries to be held in public except in special circumstances
SECT
19.(1) Subject to this section, proceedings before the Tribunal at an
inquiry shall be held in public.
(2) Where the Tribunal is satisfied that, by reason of the confidential
nature of any evidence or matter or for any other reason, it is desirable that
the Tribunal should give directions of all or any of the following kinds,
namely:
(a) directions that the proceedings, or part of the proceedings, at an
inquiry shall be held in private and directions as to the persons who may be
present;
(b) directions prohibiting or restricting the publication of evidence
given
before the Tribunal, whether in public or in private, or of matters contained
in documents lodged with, or received in evidence by, the Tribunal; and
(c) directions prohibiting or restricting the disclosure to some or all of
the persons having an interest in the proceedings at an inquiry of evidence
given before the Tribunal, whether in public or in private, or of matters
contained in documents lodged with, or received in evidence by, the Tribunal;
the Tribunal shall give such of those directions as it thinks necessary.
(2A) Without limiting the generality of subsection (2), directions under
paragraphs (2) (b) and (c) may be given in respect of an inquiry:
(a) at any time after:
(i) where the inquiry is held in consequence of the lodgment of an
application under section 17B-the lodgment of the application; or
(ii) in any other case-the advertising by the Tribunal of its
intention to hold the inquiry; and
(b) in relation to any proceeding (whether oral or otherwise) before the
Tribunal at the inquiry.
(3) In considering whether any directions should be given under subsection
(2), the Tribunal shall take as the basis of its consideration the principle
that it is desirable that proceedings before the Tribunal at an inquiry should
be held in public and that evidence given before the Tribunal and the contents
of documents lodged with, or received in evidence by, the Tribunal should be
made available to the public and to all the persons having an interest in the
proceedings, but shall pay due regard to any reasons why any such directions
should be given.
(4) Where proceedings before the Tribunal at an inquiry are held in public,
the Tribunal shall, as far as practicable, provide adequate facilities to
enable all parties to the proceedings to participate in the full view and
hearing of the public.
BROADCASTING ACT 1942 - SECT 21
Evidence
SECT
21.(1) For the purposes of proceedings before the Tribunal at an inquiry,
the Tribunal may take evidence on oath or affirmation.
(2) For the purposes of proceedings before the Tribunal at an inquiry, an
officer of the staff of the Tribunal shall, if directed to do so by the
Chairman of the Tribunal, or by another member of the Tribunal who is to
preside, or presides, at the proceedings, summon a person to appear before the
Tribunal at the proceedings to give evidence and to produce such documents (if
any) as are referred to in the summons.
(3) The member who presides at proceedings before the Tribunal at an
inquiry:
(a) may require a person appearing before the Tribunal at the proceedings
to
give evidence either to take an oath or to make an affirmation; and
(b) may administer an oath or affirmation to a person so appearing before
the Tribunal.
(4) The oath or affirmation to be taken or made by a person for the purposes
of this section is an oath or affirmation that the answers he will give to
questions asked him will be true.
(5) A summons for the purposes of this section shall be in a form determined
by the Tribunal.
BROADCASTING ACT 1942 - SECT 21AA
Failure of witness to attend
SECT
21AA. A person served in accordance with section 21 with a summons to appear
as a witness before the Tribunal shall not, without reasonable excuse:
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself from day to day unless excused, or
released from further attendance, by a member.
Penalty: $1,000 or imprisonment for 3 months.
BROADCASTING ACT 1942 - SECT 21AB
Refusal to be sworn or to answer questions
SECT
21AB.(1) A person appearing as a witness before the Tribunal shall not,
without reasonable excuse:
(a) when required under section 21 either to take an oath or make an
affirmation-refuse or fail to comply with the requirements;
(b) refuse or fail to answer a question that the person is required to
answer by the member presiding at the proceedings; or
(c) refuse or fail to produce a document that the person is required to
produce by a summons served on the person in accordance with section 21.
Penalty: $1,000 or imprisonment for 3 months.
(2) It is a reasonable excuse for a person to refuse or fail to answer a
question that the person is required to answer under this section, that the
answer to the question may tend to incriminate the person and it is a
reasonable excuse for a person to refuse or fail to produce a document that
the person is required to produce under this section, that the production of
the document may tend to incriminate the person.
BROADCASTING ACT 1942 - SECT 21A
Briefing of counsel to assist Tribunal
SECT
21A.(1) Where, in relation to an inquiry under this Division, the Tribunal
considers that it is desirable so to do, the Tribunal may arrange with the
Secretary to the Attorney-General's Department for a barrister or solicitor to
assist the Tribunal at the inquiry.
(2) A barrister or solicitor assisting the Tribunal at an inquiry in
pursuance of subsection (1) or as a member of the staff of the Tribunal has
the same power to examine witnesses as a member of the Tribunal.
BROADCASTING ACT 1942 - SECT 22
Representation before Tribunal
SECT
22.(1) In proceedings before the Tribunal at an ordinary inquiry, a party to
the proceedings may be represented by a barrister, solicitor or agent, who
may, subject to any directions of the Tribunal given under subsection 25 (1),
examine witnesses and address the Tribunal on behalf of that person.
(2) As far as practicable, the Tribunal shall ensure that no party to
proceedings before the Tribunal at an ordinary inquiry suffers any detriment
by reason that the party is not represented in those proceedings by a
barrister, solicitor or agent.
BROADCASTING ACT 1942 - SECT 22AA
Parties to proceedings at ordinary inquiries
SECT
22AA.(1) The following persons shall be parties to proceedings before the
Tribunal at an ordinary inquiry:
(a) where the inquiry is to be held on the application, or at the request,
of a person-that person;
(b) any other person who has, in accordance with this Act or the
regulations, lodged a document in relation to the inquiry, being a document
that the Tribunal considers relevant to the inquiry;
(c) where the Tribunal directs that, by reason of special circumstances,
it
is in the public interest to allow another person or persons to be party to
the proceedings-that person or each of those persons, as the case may be.
(2) Notwithstanding subsection (1), the Tribunal, having regard to the area
or areas of interest of any party to proceedings before the Tribunal at an
ordinary inquiry, may direct that the participation of the party in those
proceedings should be limited in accordance with the direction.
BROADCASTING ACT 1942 - SECT 22A
Voting in relation to inquiries
SECT
22A.(1) Where, at any meeting of the Tribunal, the members are divided in
opinion as to the decision or recommendations to be made on the matter or
matters the subject of an inquiry, the opinion or opinions of the member or
members disagreeing with the decision or recommendations of the Tribunal shall
be set out in the report relating to the inquiry.
(2) In subsection (1):
'member' includes an associate member and a person acting as a member or
associate member.
BROADCASTING ACT 1942 - SECT 22B
Reference of questions of law to Federal Court of Australia
SECT
22B.(1) The Tribunal may refer to the Federal Court of Australia for
decision a question of law in a matter arising under this Act in or in
connection with proceedings before the Tribunal at an inquiry.
(2) A question may be so referred by the Tribunal of its own motion or at
the request of a party to the proceedings.
(3) The Federal Court of Australia has jurisdiction to hear and determine a
question referred to it under this section, and that jurisdiction shall be
exercised by that Court constituted as a Full Court.
(4) Where a question concerning a matter arising in or in connection with
any proceedings has been referred to the Federal Court of Australia under this
section, the Tribunal shall not, in those proceedings:
(a) give a decision to which the question is relevant while the reference
is
pending; or
(b) proceed in a manner, or make a decision, that is inconsistent with the
opinion of that Court on the question.
BROADCASTING ACT 1942 - SECT 22C
Documents to be sent to Federal Court of Australia
SECT
22C. Where a question of law is referred to the Federal Court of Australia
in accordance with section 22B:
(a) the Tribunal shall cause to be sent to that Court all documents and
other records relating to the proceedings before the Tribunal to which the
reference relates; and
(b) at the conclusion of the proceedings before that Court with respect to
the reference, that Court shall cause the documents and other records to be
returned to the Tribunal.
BROADCASTING ACT 1942 - SECT 23
Protection of members of the Tribunal
SECT
23.(1) A member or an associate member has, in the exercise of his functions
as a member or as an associate member at an inquiry under this Division, the
same protection and immunity as a Justice of the High Court.
(2) A barrister or solicitor assisting or appearing before the Tribunal at
an inquiry under this Division, and every other person authorized by the
Tribunal to appear before it, has the same protection and immunity as a
barrister has in appearing for a party in proceedings in the High Court.
(3) A witness appearing before the Tribunal at an inquiry under this
Division has the same protection and is subject to the same liabilities in any
civil or criminal proceeding as a witness in proceedings in the High Court.
BROADCASTING ACT 1942 - SECT 24
Proceedings for defamation not to lie
SECT
24. No action or proceeding, civil or criminal, lies:
(a) against the Commonwealth, against the Minister, against the Tribunal,
against a member, against an associate member, or against a servant or agent
of the Commonwealth or the Tribunal, in respect of the printing or publishing
of a transcript of proceedings of the Tribunal at an inquiry under this
Division; or
(b) in respect of the publication in a newspaper, or by means of
broadcasting, of a fair and accurate report of proceedings before the Tribunal
at an inquiry under this Division, not being a publication in contravention of
a direction given under section 19.
BROADCASTING ACT 1942 - SECT 25
Procedure at inquiries
SECT
25.(1) The Tribunal shall, without regard to legal forms and solemnities,
make a thorough investigation into all matters relevant to an inquiry under
this Division, and may give all such directions and do all such things as the
Tribunal considers are necessary or expedient for the expeditious and just
hearing of the inquiry.
(2) The Tribunal is not bound by legal rules of evidence and may inform
itself on any matter in such manner as it thinks fit.
(3) Subject to section 19, the Tribunal shall ensure that every party to
proceedings before the Tribunal at an ordinary inquiry is given a reasonable
opportunity to present his or her case.
BROADCASTING ACT 1942 - SECT 25AA
Investigation of, and comment upon, broadcasting practices
SECT
25AA.(1) Notwithstanding anything to the contrary either express or by way
of implication in any provision of this Act, the Tribunal may, at an inquiry
into the renewal of a licence or at an area inquiry, investigate or comment
upon any matter connected with the past, present or future broadcasting
practices of the licence holder or any licence holder in the area concerned,
as the case may be.
(2) A reference in this section to a licence holder includes a reference to
the holder of an MCS permit.
BROADCASTING ACT 1942 - SECT 25AB
Contempt of Tribunal
SECT
25AB. A person shall not:
(a) insult a member, acting member, associate member or acting associate
member in or in relation to the exercise of his powers or functions at or in
relation to proceedings before the Tribunal at an inquiry;
(b) interrupt proceedings of the Tribunal at an inquiry;
(c) create a disturbance, or take part in creating or continuing a
disturbance, in or near a place where the Tribunal is holding an inquiry;
(d) contravene or fail to comply with a direction given by the Tribunal
under this Division; or
(e) do any other act or thing that would, if the Tribunal were a court of
record, constitute a contempt of that court.
Penalty: $1,000 or imprisonment for three months.
BROADCASTING ACT 1942 - SECT 25A
Member or associate member ceasing to be available
SECT
25A.(1) Where an inquiry has been commenced by the Tribunal constituted by 2
or more persons but, before the inquiry has been completed, one of the persons
constituting the Tribunal for the purposes of the inquiry has ceased to be a
member or has become unable to perform his functions as a member, the Tribunal
as constituted by the remaining member or members and, if the Chairman of the
Tribunal so directs under subsection 15C (7), another member may complete the
inquiry, and for that purpose may have regard to any record of the inquiry
held by the Tribunal as previously constituted.
(2) Subsection (1) does not authorize a Division of the Tribunal to complete
an inquiry unless the Division consists of, or includes:
(a) a person appointed under section 8 or 10; and
(b) in the case of an inquiry referred to in subsection 15C (1A)-not less
than 2 other members.
(3) In this section, 'member' includes an associate member and a person
acting as a member or associate member.
BROADCASTING ACT 1942 - SECT 25B
Reports on inquiries
SECT
25B.(1) Subject to subsection (2), where the Tribunal has held an inquiry,
the Tribunal shall:
(a) give to the Minister and to all parties to the proceedings; and
(b) cause to be made available to the public in such manner as it thinks
fit;
a report setting out:
(c) if the inquiry was held in pursuance of a direction of the Minister
under section 18 or in pursuance of section 18A-a summary of the proceedings
at the inquiry, including particulars of, and the reasons for:
(i) any direction given under section 22AA; and
(ii) any determination made, and any procedure adopted, under
subsection 17C (7);
other than a direction, determination or procedure that the Tribunal considers
of insufficient importance to be included in the report;
(d) the findings of the Tribunal and the reasons for those findings; and
(e) the decision or recommendations (if any) made by the Tribunal in
consequence of those findings, and the reasons for any such decision or
recommendations.
(2) In preparing a report under subsection (1), the Tribunal shall have
regard to any relevant direction given under section 19.
(3) Where an inquiry to which a report relates was held in pursuance of a
direction of the Minister under section 18 or in pursuance of section 18A, any
matter that, by reason of a direction given under section 19, has not been
included in the report shall be furnished separately to the Minister.
(4) A copy of a report furnished to the Minister under subsection (1) in
relation to an inquiry held in pursuance of a direction of the Minister under
section 18 or in pursuance of section 18A shall be laid before each House of
the Parliament within 15 sitting days of that House after the receipt of the
report by the Minister.
BROADCASTING ACT 1942 - DIVISION 4
Division 4-Finances of the Tribunal
BROADCASTING ACT 1942 - SECT 26
Moneys payable to Tribunal
SECT
26.(1) There are payable to the Tribunal such moneys as are appropriated by
the Parliament for the purposes of the Tribunal.
(2) The Minister for Finance may give directions as to the amounts in which,
and the times at which, moneys referred to in subsection (1) are to be paid to
the Tribunal.
BROADCASTING ACT 1942 - SECT 26A
Money of the Tribunal
SECT
26A. The money of the Tribunal consists of:
(a) money paid to the Tribunal under section 26; and
(b) money received by the Tribunal in connection with the performance of
its
functions or the exercise of its powers.
BROADCASTING ACT 1942 - SECT 27
Bank accounts
SECT
27.(1) The Tribunal may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
(2) The Tribunal shall pay all moneys of the Tribunal into an account
referred to in this section.
BROADCASTING ACT 1942 - SECT 27A
Application of money
SECT
27A. The moneys of the Tribunal shall be applied only:
(a) in payment of amounts properly payable in the performance of its
functions or the exercise of its powers; and
(b) in payment of remuneration or allowances payable to members and
associate members and persons acting as members or associate members.
BROADCASTING ACT 1942 - SECT 27AA
Estimates
SECT
27AA.(1) The Tribunal shall prepare estimates, in such form as the Minister
directs, of its receipts and expenditure for each financial year and, if the
Minister so directs, for any other period specified by the Minister, and the
Tribunal shall submit estimates so prepared to the Minister not later than
such date as the Minister directs.
(2) The moneys of the Tribunal shall not be expended otherwise than in
accordance with estimates of expenditure approved by the Minister.
BROADCASTING ACT 1942 - SECT 27AB
Limitation on contracts
SECT
27AB. The Tribunal shall not, without the approval of the Minister, enter
into a contract involving the payment or receipt of an amount exceeding
$250,000 or, if a higher amount is prescribed, that higher amount.
BROADCASTING ACT 1942 - SECT 27B
Accounts and records to be kept
SECT
27B. The Tribunal shall cause to be kept proper accounts and records of the
transactions and affairs of the Tribunal and shall do all things necessary to
ensure that all payments out of its moneys are correctly made and properly
authorized and that adequate control is maintained over the assets of, or in
the custody of, the Tribunal and over the incurring of liabilities by the
Tribunal.
BROADCASTING ACT 1942 - SECT 27D
Audit
SECT
27D.(1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Tribunal and records relating to assets of,
or in the custody of, the Tribunal, and shall forthwith draw the attention of
the Minister to any irregularity disclosed by the inspection and audit that
is, in the opinion of the Auditor-General, of sufficient importance to justify
his so doing.
(2) The Auditor-General may, at his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in subsection (1).
(3) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under subsection
(1).
(4) The Auditor-General or an officer authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Tribunal relating directly or indirectly to the receipt or
payment of moneys by the Tribunal or to the acquisition, receipt, custody or
disposal of assets by the Tribunal.
(5) The Auditor-General or an officer authorized by him may make copies of,
or take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or an officer authorized by him may require any
person to furnish him with such information in the possession of the person or
to which the person has access as the Auditor-General or authorized officer
considers necessary for the purposes of the functions of the Auditor-General
under this Part, and the person shall comply with the requirement.
(7) A person who contravenes subsection (6) is guilty of an offence
punishable, upon conviction, by a fine not exceeding $200.
BROADCASTING ACT 1942 - SECT 27E
Taxation
SECT
27E. The Tribunal is not subject to taxation under any law of the
Commonwealth or of a State or Territory.
BROADCASTING ACT 1942 - DIVISION 5
Division 5-Miscellaneous
BROADCASTING ACT 1942 - SECT 28
Annual Report of Tribunal
SECT
28.(1) The Tribunal shall, as soon as practicable after 30 June in each
year, prepare and furnish to the Minister a report on the operations of the
Tribunal during the year ended on that date, together with financial
statements in respect of that year in such form as the Minister for Finance
approves.
(1A) If during the year to which a report of the Tribunal relates the
Corporation has submitted to the Tribunal, for classification by the Tribunal,
television programs for children as provided by section 30 of the Australian
Broadcasting Corporation Act 1983, the Tribunal shall state in its report
under this section on its operations during that year that the Corporation has
submitted such programs and shall set out in that report such particulars of
the programs so submitted as the Tribunal thinks fit.
(2) Before furnishing financial statements to the Minister, the Tribunal
shall submit them to the Auditor-General, who shall report to the Minister:
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records;
(c) whether the receipt and expenditure of moneys, and the acquisition and
disposal of assets, by the Tribunal during the year have been in accordance
with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(3) The report and financial statements of the Tribunal, together with the
report of the Auditor-General as to those statements, shall be laid before
each House of the Parliament within 15 sitting days of that House after their
receipt by the Minister.
BROADCASTING ACT 1942 - SECT 28A
Provision of facilities for Tribunal
SECT
28A. The Minister may, at the request and expense of the Tribunal, arrange
for the provision of facilities and services required by the Tribunal for the
performance of its functions under this Act.
BROADCASTING ACT 1942 - SECT 29
Advisory committees
SECT
29. The Tribunal may, with the approval of the Minister, appoint such
advisory committees as it thinks fit.
BROADCASTING ACT 1942 - PART III
PART III-THE NATIONAL BROADCASTING SERVICE AND THE
NATIONAL TELEVISION SERVICE
BROADCASTING ACT 1942 - DIVISION 3
Division 3-Powers and Functions of the Commission
BROADCASTING ACT 1942 - SECT 60
Publication of journals etc. and making etc. of sound recordings etc.
SECT
60.(1) For the purpose of the exercise of its powers and the performance of
its functions under this Act, the Commission may, in such manner as it thinks
fit:
(a) compile, prepare, issue, circulate and distribute such papers,
magazines, periodicals, books, pamphlets, circulars and other literary matter
as it thinks fit (including the program schedules of national broadcasting
stations, national television stations and other broadcasting and television
stations); and
(b) make, promote, circulate and distribute:
(i) cinematograph films and sound recordings of, or relating to:
(A) programs of the Commission (whether or not broadcast or
televised); and
(B) public concerts and other public entertainment referred to
in subsection 59 (2); and
(ii) any article or thing bearing a mark that is associated with any
matter referred to in sub-subparagraph (i) (A) or (B).
(2) The Commission may, if it thinks fit, from time to time determine
charges payable in respect of any matter or activity referred to in subsection
(1), with a view to raising as much net revenue as is practicable, having
regard to the proper performance of its functions and to the matter or
activity concerned.
(3) A program schedule referred to in paragraph (1) (a) shall be made
available at an office of the Commission on equal terms to the publishers of
any newspaper, magazine or journal published in Australia prior to the
publication of the program schedule in pursuance of subsection (1).
(4) In this section:
'cinematograph film' and 'sound recording' have the same respective meanings
as in the Copyright Act 1968;
'mark' includes a symbol, design, colour, device, brand, heading, label,
sign, ticket, name, signature, word, letter, numeral, drawing or picture, or
any combination of the foregoing.
(5) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.
BROADCASTING ACT 1942 - SECT 63
Studios to be provided by Commission
SECT
63.(1) The Commission shall provide such studios, offices and other
accommodation as are necessary for the performance of its powers and functions
under this Act, and such accommodation in relation to the studios as the
Minister requires for the carrying out of the technical services to be
provided in pursuance of subsection 73 (2).
(2) The location of any studios to be provided by the Commission in
pursuance of subsection (1) shall be subject to the approval of the Minister.
(3) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.
BROADCASTING ACT 1942 - SECT 64
Authorised transmissions
SECT
64.(1) Subject to this Act, the Commission shall broadcast or televise free
of charge from all the national broadcasting stations or national television
stations, or from such of them as the Minister specifies, any matter the
broadcasting or televising of which is directed by the Minister in writing as
being in the national interest.
(2) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.
BROADCASTING ACT 1942 - SECT 72
Taxation
SECT
72.(1) The Commission is not subject to taxation under any law of the
Commonwealth or of a State or Territory.
(2) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.
BROADCASTING ACT 1942 - DIVISION 5
Division 5-Technical Services
BROADCASTING ACT 1942 - SECT 73
Provision and operation of studios, transmitting stations etc.
SECT
73.(1) Subject to this section, the Commission shall provide and operate all
the technical equipment required for the purposes of performing its
functions.
(2) The Minister shall arrange for the provision and operation, for the
purposes of the performance by the Commission of its functions, of:
(a) transmitting stations, broadcasting translator stations, television
translator stations and television repeater stations; and
(b) technical equipment to connect a studio of the Commission to the local
transmitting station.
(3) Except in so far as the Minister otherwise determines, the stations and
equipment referred to in subsection (2) shall be provided and operated without
charge to the Commission.
(4) This section does not apply in relation to the provision and operation
of broadcasting translator stations and television translator stations
operated, or to be operated, by virtue of national broadcasting translator
station licences and national television translator station licences.
(5) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.
BROADCASTING ACT 1942 - SECT 74
Lines for conveyance of electric current to stations
SECT
74.(1) For the purpose of providing and operating the stations referred to
in this Division, a person acting under the authority of the Minister may:
(a) erect, place and maintain any electric line that is necessary for
conveying electric current to, or for the operation of, any such station; and
(b) arrange for and obtain from any person the supply of any electric
current that is necessary or advisable for the operation of any such station.
(2) Except in so far as the Minister otherwise determines, the erection,
placing and maintenance of an electric line, and the supply of any electric
current, in pursuance of subsection (1) shall be without charge to the
Commission.
(3) In respect of the erection, placing and maintenance of an electric line
by a person in pursuance of paragraph (1) (a), that person has the same
powers, and is subject to the same obligations, as are conferred or imposed on
the Australian Telecommunications Corporation under Part 8 of the Australian
Telecommunications Corporation Act 1989 in relation to the erection, placing
and maintenance of lines within the meaning of that Act.
(4) In this section, 'electric line' includes all means used for the purpose
of conveying, transmitting, transforming or distributing electricity and any
casing, coating, covering, tube, tunnel, pipe, pillar, pole, post, frame,
bracket or insulator enclosing, surrounding or supporting the same or any part
thereof or any apparatus connected therewith.
(5) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.
BROADCASTING ACT 1942 - DIVISION 6
Division 6-Miscellaneous
BROADCASTING ACT 1942 - SECT 78A
Action under section 64 to be reported to the Parliament
SECT
78A.(1) Where the Minister has given a direction under section 64, he shall,
within 7 sitting days of giving such direction, report the same in writing to
both Houses of the Parliament and shall give the reasons for such direction.
(2) References in subsection (1) to section 64 shall be construed as
references to that section as it applies, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.
BROADCASTING ACT 1942 - PART IIIA
PART IIIA-THE SPECIAL BROADCASTING SERVICE
BROADCASTING ACT 1942 - DIVISION 1
Division 1-Preliminary
BROADCASTING ACT 1942 - SECT 79B
Interpretation
SECT
79B. In this Part, unless the contrary intention appears:
'Chairman' means the Chairman of the Service;
'Executive Director' means the Executive Director of the Service;
'member' means a member of the Service;
'program' means a radio program or a television program.
BROADCASTING ACT 1942 - DIVISION 2
Division 2-Establishment, Functions and Powers of Service
BROADCASTING ACT 1942 - SECT 79C
Establishment
SECT
79C. There is established by this Part a body by the name of the Special
Broadcasting Service.
BROADCASTING ACT 1942 - SECT 79D
Functions
SECT
79D. The functions of the Service are:
(a) to provide multilingual radio services and, if authorized by the
regulations, to provide multilingual television services; and
(b) to provide broadcasting services for such special purposes as are
prescribed.
BROADCASTING ACT 1942 - SECT 79E
Powers
SECT
79E.(1) The Service may do all things that are necessary or convenient to be
done for or in connexion with, or as incidental to, the performance of its
functions and, in particular, may:
(a) produce or present programs or arrange, or provide facilities, for the
production or presentation of programs;
(b) subject to section 73 as applied in accordance with section 79ZJ,
transmit programs or provide facilities for the transmission of programs;
(c) arrange for the transmission of programs;
(d) acquire, accept or take on hire, or dispose of or let out, personal
property (including programs or rights or interests in programs);
(e) acquire, hold or dispose of land and buildings;
(f) enter into contracts;
(g) accept gifts, devices or bequests made to the Service, whether on
trust
or otherwise, or act as trustee of moneys or other property vested in the
Service on trust;
(h) occupy, use and control any land or building owned or held under lease
by the Commonwealth and made available for the purposes of the Service; and
(i) do anything incidental to any of its powers.
(2) The provision under this Part of broadcasting services shall be in
accordance with such principles as are prescribed.
(3) Notwithstanding anything contained in this Part, any moneys or other
property vested in the Service on trust shall be dealt with in accordance with
the powers and duties of the Service as trustee.
BROADCASTING ACT 1942 - SECT 79EA
Broadcasting facilities may be made available to limited licensees
SECT
79EA.(1) Where a person holds a limited licence, the Service may make
broadcasting facilities and staff available to the person so that the person
can transmit programs to the general public pursuant to the licence.
(2) Subsection (1) does not limit the power of the Service to provide
facilities for the transmission of programs by other persons.
BROADCASTING ACT 1942 - SECT 79F
Responsibility for programs
SECT
79F.(1) Where the Service arranges, or provides facilities, for the
production, presentation or transmission of programs by other persons, it is
the responsibility of the Service to ensure that those programs comply with
the provisions of this Act and the regulations to the extent that those
provisions are applicable to those programs, but this subsection does not
limit the application of those provisions to those persons.
(2) Subsection (1) does not apply in a case where the Service makes
broadcasting facilities available to a person under section 79EA.
BROADCASTING ACT 1942 - DIVISION 3
Division 3-Constitution and Meetings of Service
BROADCASTING ACT 1942 - SECT 79G
Incorporation
SECT
79G.(1) The Service:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal; and
(c) may sue or be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Service affixed to a document and shall
presume that it was duly affixed.
BROADCASTING ACT 1942 - SECT 79H
Membership
SECT
79H.(1) The Service shall consist of a Chairman and not less than 2, nor
more than 6, other members.
(2) The members shall be appointed by the Governor-General as part-time
members.
(3) A member shall be appointed for such period, not exceeding 5 years, as
is specified in his instrument of appointment, but is eligible for
re-appointment.
(4) A member shall hold office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the
Governor-General.
(5) The performance of the functions or the exercise of the powers of the
Service is not affected by reason only of:
(a) there being a vacancy in the office of Chairman; or
(b) the number of members falling below 3 for a period of not more than 6
months.
BROADCASTING ACT 1942 - SECT 79J
Pecuniary interests
SECT
79J.(1) A member who has a direct or indirect pecuniary interest in a matter
being considered or about to be considered by the Service, otherwise than as a
member of, and in common with the other members of, an incorporated company
which consists of more than 25 persons and of which he is not a director,
shall, as soon as possible after the relevant facts have come to his
knowledge, disclose the nature of his interest at a meeting of the Service.
(2) A disclosure under subsection (1) shall be recorded in the minutes of
the meeting of the Service and the member shall not be present during any
deliberation of the Service with respect to that matter.
BROADCASTING ACT 1942 - SECT 79K
Acting appointments
SECT
79K.(1) The Minister may appoint a person (who may be a member) to act as
Chairman:
(a) during a vacancy in the office of Chairman, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairman is absent
from duty or from Australia or is, for any other reason, unable to perform the
duties of his office;
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(2) Where a person is acting as Chairman in accordance with paragraph (1)
(b) and the office of Chairman becomes vacant while that person is so acting,
that person may continue so to act until the Minister otherwise directs, the
vacancy is filled or the period of 12 months from the date on which the
vacancy occurred expires, whichever first happens.
(3) The Minister may appoint a person to act as a member:
(a) during a vacancy in the office of a member (other than the Chairman),
whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a member is acting as
Chairman, is absent from duty or from Australia or is, for any other reason,
unable to perform the duties of his office;
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(4) The Minister may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.
(5) A person appointed under this section may resign his appointment by
writing signed by him and delivered to the Minister.
(6) While a person is acting as Chairman or as a member under this section,
he has, and may exercise, all the powers and shall perform all the functions
of the Chairman or a member, as the case may be, and, if he is not a member,
shall be deemed to be a member for the purposes of sections 79J and 79P.
(7) The validity of anything done by a person purporting to act under this
section shall not be called in question by reason of any defect or
irregularity in or in connexion with his appointment or on the ground that the
occasion for his so acting had not arisen or had ceased.
BROADCASTING ACT 1942 - SECT 79L
Leave of absence
SECT
79L. The Minister may grant leave of absence to a member upon such terms and
conditions as to remuneration or otherwise as the Minister determines.
BROADCASTING ACT 1942 - SECT 79M
Resignation of member
SECT
79M. A member may resign his office by writing signed by him and delivered
to the Governor-General.
BROADCASTING ACT 1942 - SECT 79N
Termination of appointment
SECT
79N.(1) The Governor-General may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.
(2) If a member:
(a) is absent, except on leave granted by the Minister or otherwise with
the
permission of the Minister, from 3 consecutive meetings of the Service;
(b) becomes bankrupt or applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his creditors or makes
an assignment of his remuneration for their benefit; or
(c) fails to comply with his obligations under section 79J;
the Governor-General shall terminate his appointment.
BROADCASTING ACT 1942 - SECT 79P
Meetings
SECT
79P.(1) The Service shall hold such meetings as are necessary for the
performance of its functions.
(2) The Chairman may convene a meeting at any time, and shall convene a
meeting when requested to do so by the Minister or by a majority of the
members for the time being holding office.
(3) At a meeting a quorum is constituted by a majority of the members for
the time being holding office.
(4) The Chairman shall preside at all meetings at which he is present.
(5) If the Chairman is not present at a meeting, the members present shall
elect one of their number to preside.
(6) Questions arising at a meeting shall be determined by a majority of the
votes of the members present and voting.
(7) The person presiding at a meeting has a deliberative vote and, in the
event of an equality of votes, also has a casting vote.
(8) The Executive Director shall, as far as practicable, attend all
meetings, but, if the Service so directs, he shall temporarily retire from any
meeting.
(9) In relation to a time when a person is acting as Chairman, references in
this section to the Chairman shall be read as references to that person.
BROADCASTING ACT 1942 - DIVISION 4
Division 4-Administration of Service
BROADCASTING ACT 1942 - SECT 79Q
Executive Director
SECT
79Q.(1) There shall be an Executive Director of the Service who shall be the
chief executive officer of the Service.
(2) The Executive Director shall be appointed by the Governor-General, and
holds office on such terms and conditions (if any) in respect of matters not
provided for by this Act as are determined by the Governor-General.
BROADCASTING ACT 1942 - SECT 79R
Term of office of Executive Director
SECT
79R.(1) The Executive Director shall be appointed for such period, not
exceeding 7 years, as is specified in his instrument of appointment, but is
eligible for re-appointment.
(2) A person who has attained the age of 65 years shall not be appointed or
re-appointed as the Executive Director and a person shall not be appointed or
re-appointed as the Executive Director for a period that extends beyond the
date on which he will attain the age of 65 years.
BROADCASTING ACT 1942 - SECT 79S
Pecuniary interests of Executive Director
SECT
79S. Where, on the date on which a person becomes the Executive Director,
the person has a direct or indirect pecuniary interest in a business carried
on in Australia, or in a body corporate carrying on such a business, being an
interest that could be in conflict with his duties as the Executive Director,
he shall dispose of the interest within 14 days after that date.
BROADCASTING ACT 1942 - SECT 79T
Acting Executive Director
SECT
79T.(1) The Minister may appoint a person to act as Executive Director:
(a) during a vacancy in the office of Executive Director, whether or not
an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Executive Director
is
absent from duty or from Australia or is, for any other reason, unable to
perform the duties of his office;
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(2) Where a person is acting as Executive Director in accordance with
paragraph (1) (b) and the office of Executive Director becomes vacant while
that person is so acting, that person may continue so to act until the
Minister otherwise directs, the vacancy is filled or a period of 12 months
from the date on which the vacancy occurred expires, whichever first happens.
(3) The Minister may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of an acting Executive Director; and
(b) at any time terminate such an appointment.
(4) A person appointed under this section may resign his appointment by
writing signed by him and delivered to the Minister.
(5) While a person is acting as Executive Director under this section, he
has, and may exercise, all the powers and shall perform all the functions of
the Executive Director, including powers and functions delegated to the
Executive Director under this Part.
(6) The validity of anything done by a person purporting to act under this
section shall not be called in question by reason of any defect or
irregularity in or in connexion with his appointment or on the ground that the
occasion for his so acting had not arisen or had ceased.
BROADCASTING ACT 1942 - SECT 79U
Leave of absence of Executive Director
SECT
79U. The Minister may grant leave of absence to the Executive Director on
such terms and conditions as to remuneration and otherwise as the Minister
directs.
BROADCASTING ACT 1942 - SECT 79V
Resignation of Executive Director
SECT
79V. The Executive Director may resign his office by writing signed by him
and delivered to the Governor-General.
BROADCASTING ACT 1942 - SECT 79W
Termination of office of Executive Director
SECT
79W.(1) The Governor-General may terminate the appointment of the Executive
Director for misbehaviour or physical or mental incapacity.
(2) If the Executive Director:
(a) engages in paid employment outside the duties of his office without
the
approval of the Minister;
(b) is absent from duty, except on leave granted by the Minister, for 14
consecutive days, or for 28 days in any 12 months;
(c) becomes bankrupt or applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his creditors or makes
an assignment of his remuneration for their benefit;
(d) fails to comply with his obligations under section 79S; or
(e) acquires a direct or indirect pecuniary interest in a business carried
on in Australia, or in a body corporate carrying on such a business, being an
interest that could be in conflict with his duties as the Executive Director;
the Governor-General shall terminate his appointment.
BROADCASTING ACT 1942 - SECT 79X
Delegations by Service
SECT
79X.(1) The Service may, either generally or as otherwise provided by the
instrument of delegation, by writing under its common seal, delegate to a
member, to the Executive Director or to an officer of the staff referred to in
subsection 79Y (1) any of its powers under this Part, other than this power of
delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Service.
(3) A delegation under this section does not prevent the exercise of a power
by the Service.
BROADCASTING ACT 1942 - SECT 79Y
Staff
SECT
79Y.(1) The staff of the Service shall be persons appointed or employed
under the Public Service Act 1922.
(2) The Service may engage persons to perform services for the Service
otherwise than as members of the staff referred to in subsection (1).
(3) The terms and conditions of engagement of persons under subsection (2)
shall be such as are determined by the Service.
(4) The Executive Director has all the powers of, or exercisable by, a
Secretary under the Public Service Act 1922 so far as those powers relate to
the branch of the Australian Public Service comprising the staff referred to
in subsection (1) as if that branch were a separate Department of the
Australian Public Service.
(5) For the purposes of subsections 25 (5) and (6) of the Public Service Act
1922, the Executive Director shall be deemed to be a Secretary.
BROADCASTING ACT 1942 - DIVISION 5
Division 5-Finance
BROADCASTING ACT 1942 - SECT 79Z
Moneys to be appropriated
SECT
79Z.(1) There are payable to the Service such moneys as are appropriated by
the Parliament for the purposes of the Service.
(2) The Minister for Finance may give directions as to the amounts in which,
and the times at which, moneys referred to in subsection (1) are to be paid to
the Service.
BROADCASTING ACT 1942 - SECT 79ZA
Moneys of Service
SECT
79ZA. The moneys of the Service shall consist of:
(a) moneys paid to the Service under section 79Z;
(b) moneys received by the Service in respect of the provision of services
and facilities;
(c) the proceeds of the sale or other disposition of any property of the
Service (including programs and rights or interests in programs);
(d) moneys received by the Service in respect of program sponsorship of a
kind approved by the Minister;
(e) any other moneys derived by the Service in the performance of its
functions; and
(f) any moneys received by the Service by way of, or as a result of, a
gift,
devise or bequest.
BROADCASTING ACT 1942 - SECT 79ZB
Application of moneys
SECT
79ZB. The moneys of the Service shall be applied only:
(a) in payment or discharge of expenses, obligations and liabilities of
the
Service arising under this Act; and
(b) in payment of remuneration, allowances and fees payable to members,
acting members, the Executive Director, an acting Executive Director and
persons referred to in section 79Y.
BROADCASTING ACT 1942 - SECT 79ZC
Bank accounts
SECT
79ZC.(1) The Service may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
(2) The Service shall pay all moneys received by it into an account referred
to in this section.
BROADCASTING ACT 1942 - SECT 79ZD
Estimates
SECT
79ZD.(1) The Service shall prepare estimates, in such form as the Minister
directs, of its receipts and expenditure for each financial year and, if the
Minister so directs, for any other period specified by the Minister, and the
Service shall submit estimates so prepared to the Minister not later than such
date as the Minister directs.
(2) The moneys of the Service shall not be expended otherwise than in
accordance with estimates of expenditure approved by the Minister.
BROADCASTING ACT 1942 - SECT 79ZE
Accounts and records
SECT
79ZE. The Service shall cause to be kept proper accounts and records of the
transactions and affairs of the Service and shall do all things necessary to
ensure that all payments out of its moneys are correctly made and properly
authorized and that adequate control is maintained over the assets of, or in
the custody of, the Service and over the incurring of liabilities by the
Service.
BROADCASTING ACT 1942 - SECT 79ZF
Limits on contracts
SECT
79ZF.(1) The Service shall not, without the approval of the Minister enter
into a contract under which the Service is to pay or receive an amount
exceeding $1,000,000 or, if a higher amount is prescribed by the regulations,
that higher amount.
(2) Subsection (1) does not apply in relation to the receipt by the Service
of an amount for the sale or other disposition of radio or television
programs.
BROADCASTING ACT 1942 - SECT 79ZG
Audit
SECT
79ZG.(1) The Auditor-General shall inspect and audit the accounts and
records of financial transactions of the Service and the records relating to
assets of, or in the custody of, the Service, and shall forthwith draw the
attention of the Minister to any irregularity disclosed by the inspection and
audit that, in the opinion of the Auditor-General, is of sufficient importance
to justify his so doing.
(2) The Auditor-General may, at his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in subsection (1).
(3) The Auditor-General shall, at least once in each financial year, report
to the Minister the results of the inspection and audit carried out under
subsection (1).
(4) The Auditor-General or a person authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Service relating directly or indirectly to the receipt or
payment of moneys, or to the acquisition, receipt, custody or disposal of
assets, by the Service.
(5) The Auditor-General or a person authorized by him may make copies of, or
take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or a person authorized by him may require a person
to furnish him with such information in the possession of the person or to
which the person has access as the Auditor-General or authorized person
considers necessary for the purposes of the functions of the Auditor-General
under this Part, and the person shall comply with the requirement.
(7) A person who contravenes subsection (6) is guilty of an offence and is
punishable, upon conviction, by a fine not exceeding $200.
BROADCASTING ACT 1942 - DIVISION 6
Division 6-Miscellaneous
BROADCASTING ACT 1942 - SECT 79ZH
Annual report
SECT
79ZH.(1) The Service shall, as soon as practicable after each 30 June,
prepare and furnish to the Minister a report of its operations during the year
ended on that date, together with financial statements in respect of that year
in such form as the Minister for Finance approves.
(2) Before furnishing financial statements to the Minister, the Service
shall submit them to the Auditor-General, who shall report to the Minister:
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records;
(c) whether the receipt and expenditure of moneys, and the acquisition and
disposal of assets, by the Service during the year have been in accordance
with this Part; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(3) The Service shall furnish to the Minister such additional reports, with
or without financial statements, as the Minister from time to time requires.
(4) The Minister shall cause:
(a) copies of the report and financial statements of the Service furnished
to him under subsection (1), together with a copy of the report of the
Auditor-General; and
(b) copies of any report and financial statements furnished to him under
subsection (3);
to be laid before each House of the Parliament within 15 sitting days of that
House after having been received by the Minister.
BROADCASTING ACT 1942 - SECT 79ZJ
Application of Act to the Service
SECT
79ZJ.(1) Sections 60, 63, 64, 72, 73, 74 and 78A apply, with such exceptions
and subject to such modifications and adaptations as are prescribed, to the
Service, to programs broadcast by the Service under this Part and to
broadcasting facilities used by the Service as they applied immediately before
the commencement of the Australian Broadcasting Corporation (Transitional
Provisions and Consequential Amendments) Act 1983 to the Commission, to
programs broadcast by the Commission and to broadcasting facilities used by
the Commission.
(2) Sections 113, 113A, 115, 116 (other than subsection (1)), 117, 117A,
118, 121 and 131 apply, with such exceptions and subject to such modifications
and adaptations as are prescribed, to the Service, to programs broadcast by
the Service under this Part and to broadcasting facilities used by the Service
as they apply to the Corporation, to programs broadcast by the Corporation and
to broadcasting facilities used by the Corporation.
(3) Except where this Act otherwise expressly provides, this Act does not
apply in relation to the broadcasting services provided by the Service.
BROADCASTING ACT 1942 - PART IIIB
PART IIIB-LICENCES, LICENCE WARRANTS AND PERMITS
BROADCASTING ACT 1942 - DIVISION 1
Division 1-Licences and licence warrants
BROADCASTING ACT 1942 - SECT 80
Interpretation
SECT
80.(1) In this Part, except where the contrary intention appears:
'applicant', in relation to a licence, means a person who has lodged an
application for the grant of the licence in accordance with section 82,
subsection 82A (1) or section 82AB;
'government policy statement' means a written statement of a policy of the
Commonwealth Government that has been given to the Tribunal by the Minister
for the purposes of this Part;
'person' includes a consortium;
(2A) Where a licence is granted in pursuance of an application lodged under
subsection 82A (1), that licence and:
(a) a commercial radio licence referred to in that subsection in relation
to
the application; or
(b) if the first-mentioned licence is transferred (otherwise than in
pursuance of section 86C) to a person in accordance with section 89B, or,
where that licence is held by 2 or more persons as co-owners as described in
section 81AB, if the whole of the interest of any of those persons is
transferred (otherwise than in pursuance of section 86C) to a person in
accordance with section 89B-the commercial radio licence referred to in
subsection 89B (5) held by the person to whom the licence or interest, as the
case may be, is transferred;
shall be deemed, for the purposes of this Act, to be related to each other and
to continue to be so related, notwithstanding the renewal of either or both of
those licences.
(2C) A reference in this Part to a consortium shall be read as a reference
to an association of companies.
BROADCASTING ACT 1942 - SECT 80A
Tribunal to act impartially etc.
SECT
80A. In the performance of its functions under this Part, the Tribunal shall
act fairly and impartially and shall observe the rules of natural justice.
BROADCASTING ACT 1942 - SECT 81
Grant and renewal of licences
SECT
81.(1) Subject to this Act, the Tribunal may grant or renew a licence upon
such conditions, and in accordance with such form, as the Tribunal
determines.
(2) In determining the conditions upon which or the form in accordance with
which a licence is to be granted or renewed, the Tribunal shall have due
regard to the need for the commercial viability of the broadcasting services
provided pursuant to other licences that are non-limited licences and that
have service areas that overlap the service area of the licence.
(3) Such fees as are prescribed are payable in respect of grants and
renewals of public licences.
BROADCASTING ACT 1942 - SECT 81AA
Who is eligible for the grant of a licence?
SECT
81AA.(1) A commercial licence shall only be granted to a company that is
formed within the limits of the Commonwealth or a Territory and has a share
capital.
(2) A public licence shall only be granted to a corporation that is formed
within the limits of the Commonwealth or a Territory.
(3) A public licence shall not be granted to:
(a) a corporation whose objects include the acquisition of profit or gain
for the benefit of its individual members;
(b) a government corporation; or
(c) a political party.
(4) A remote licence shall only be granted to:
(a) a company that is formed within the limits of the Commonwealth or a
Territory and has a share capital; or
(b) a consortium of companies to which paragraph (a) applies.
(5) A limited licence shall only be granted to a corporation that is formed
within the limits of the Commonwealth or a Territory.
BROADCASTING ACT 1942 - SECT 81AB
Licence held by a consortium
SECT
81AB. Where a remote licence or a supplementary radio licence is granted to
the members of a consortium:
(a) the persons to whom the licence is granted take the licence in equal
undivided shares as owners in common;
(b) references in the licence, in this Act and in any other law to the
licensee or to the holder of the licence shall be read as references to each
co-owner of the licence; and
(c) the performance by a co-owner of the licence of an obligation imposed
by
the licence, by this Act or by any other law on the licensee or the holder of
the licence shall, to the extent of that performance, be deemed to release
that co-owner and each other co-owner of the licence from that obligation.
BROADCASTING ACT 1942 - SECT 81A
Purpose of public licence
SECT
81A.(1) A public licence shall be granted for:
(a) general community purposes; or
(b) a special interest purpose.
(2) In setting out, in a notice under subsection 82 (1) in relation to the
grant of a public licence, the service specifications to which the licence is
to be subject, the Minister shall specify that the licence is to be:
(a) granted either for general community purposes or for a special
interest
purpose;
(b) granted for general community purposes; or
(c) granted for a special interest purpose.
(3) Where, under paragraph (2) (c), the Minister specifies in a notice under
subsection 82 (1) that a public licence is to be granted for a special
interest purpose, the Minister may also specify in that notice the particular
special interest or interests to be served pursuant to the licence.
(4) Where the Minister publishes a notice under subsection 82 (1) in
relation to the grant of a public licence, the following provisions have
effect:
(a) where, under paragraph (2) (a), the Minister specifies that the
licence
is to be granted either for general community purposes or for a special
interest purpose-the Tribunal shall determine whether the licence is to be
granted for general community purposes or for a special interest purpose and,
if the Tribunal determines that the licence is to be granted for a special
interest purpose, determine the particular special interest or interests to be
served pursuant to the licence;
(b) where, under paragraph (2) (c), the Minister specifies that the
licence
is to be granted for a special interest purpose but does not specify the
particular special interest or interests to be served pursuant to the
licence-the Tribunal shall determine the particular special interest or
interests to be served pursuant to the licence.
(5) The purpose for which a public licence is granted shall be ascertained
by reference to:
(a) the service specifications of the licence; and
(b) the conditions (if any) imposed by the Tribunal on the licence
pursuant to paragraph 84 (3) (b) or subsection 85 (1) or 86 (6).
(6) For the purposes of this Part, a public licence is granted for general
community purposes if the licence is granted for the purpose of serving the
general interests of the community that is located within the service area of
the licence.
(7) For the purposes of this Part, a public licence is granted for a special
interest purpose if the licence is granted for the purpose of serving a
particular special interest, or particular special interests, of the
community, or of a section of the community, that is located within the
service area of the licence.
BROADCASTING ACT 1942 - SECT 81B
Purpose of limited licence
SECT
81B.(1) A limited licence shall be granted for:
(a) information purposes;
(b) special event purposes;
(c) remote Aboriginal community purposes;
(d) special interest purposes; or
(e) a purpose specified by the regulations in accordance with section 81C.
(2) In setting out, in a notice under subsection 82AB (3) or (5), the
service specifications to which a limited licence is to be subject, the
Minister shall specify that the licence is to be:
(a) granted for particular purposes; or
(b) granted for purposes within a particular range of purposes.
(3) Where the Minister specifies, in a notice under subsection 82AB (3) or
(5), that the licence is to be granted for purposes within a particular range
of purposes, the Tribunal shall determine the particular purposes within that
range for which the licence is granted.
(4) The purpose for which a limited licence is granted shall be ascertained
by reference to:
(a) the service specifications of the licence; and
(b) the conditions (if any) imposed by the Tribunal on the licence under
paragraph 84 (4) (b) or subsection 85 (1) or 86 (6).
(5) A limited licence is granted for information purposes if the licence is
granted for the purposes of providing:
(a) an information service that is relevant to the interests of people
living or working in or visiting the service area of the licence; or
(b) an information service that presents data solely or primarily in the
form of alphanumeric text or graphics (including diagrams, tables or images).
(6) A limited licence is granted for special event purposes if the licence
is granted for the purpose of providing a service that has a substantial
connection with a festival, exhibition, exposition, sporting event or other
special event.
(7) A limited licence is granted for remote Aboriginal community purposes if
the licence is granted for the purpose of serving the cultural, linguistic,
educational, recreational or other needs of a remote Aboriginal community.
(8) A limited licence is granted for special interest purposes if the
licence is granted for the purpose of enabling a person to use broadcasting
facilities of the Corporation or the Service to transmit programs in order to
serve a particular special interest, or particular special interests, of the
community, or a section of the community, that is located within the service
area of the licence.
(9) The Minister for Aboriginal Affairs, or an authorised Aboriginal Affairs
officer, may declare that a community is a remote Aboriginal community for the
purposes of this section.
(10) A declaration under subsection (9) shall be made by notice published in
the Gazette.
(11) In this section:
'authorised Aboriginal Affairs officer' means a person who is performing the
duties of an office in the Department administered by the Minister for
Aboriginal Affairs and is authorised by that Minister, in writing, to make
declarations under subsection (9).
BROADCASTING ACT 1942 - SECT 81C
Regulations may add new categories of limited licence
SECT
81C.(1) The regulations may specify a purpose as a purpose for which a
limited licence may be granted.
(2) Where regulations are made for the purposes of subsection (1), the
regulations:
(a) may specify additional matters of which the Tribunal must be satisfied
before granting a limited licence that has that purpose; and
(b) may specify additional conditions that are to apply to a limited
licence
that has that purpose.
BROADCASTING ACT 1942 - SECT 82
Applications for grant of certain licences
SECT
82.(1) Before a licence is granted (otherwise than by way of renewal) the
Minister shall publish, in the Gazette and in a newspaper or newspapers, if
any, circulating in the area concerned, a notice that:
(a) specifies the category of licence and sets out:
(i) the service specifications to which the licence is to be subject;
and
(ii) an outline of the technical conditions proposed to be included in
the licence warrant;
(b) invites interested persons to apply to the Tribunal, in accordance
with
the regulations, for the grant of the licence; and
(c) notifies interested persons that they will be able to make submissions
to the Tribunal as part of the inquiry that will be conducted in relation to
the grant of the licence.
(1A) A notice under subsection (1) shall specify the day by which
applications must be made to the Tribunal.
(1B) The day specified under subsection (1A) shall be not less than 56 days
after the day on which the notice is published in the Gazette.
(2) Where a corporation applies for the grant of a public licence, the
application shall be accompanied by a copy of the corporation's constituent
documents.
(6) This section does not apply to a licence in respect of the grant of
which an application may be lodged under subsection 82A (1) or section 82AB.
BROADCASTING ACT 1942 - SECT 82AA
Special notices in relation to new commercial radio licences
SECT
82AA.(1) Where, on or after 1 March 1987, a notice in relation to a
commercial radio licence was or is published in the Gazette under subsection
82 (1), the Minister, as soon as practicable after:
(a) if the notice was published in the Gazette before the commencement of
this section-the commencement of this section; or
(b) if the notice is published in the Gazette after the commencement of
this
section-the day on which the notice is published in the Gazette;
shall, by notice in writing published in the Gazette:
(c) if there is no licence whose service area is substantially the same as
that of the proposed licence-specify a number as the population of the service
area of the proposed licence; and
(d) specify the amount of the fee that will be payable, under subsection 6
(1A) of the Licence Fees Act, on the grant of the proposed licence.
(2) The amount of the fee specified under paragraph (1) (d) shall be an
amount calculated in accordance with the formula:
F x M
where:
F is the amount of the fee that would be payable under subsection 6 (2) of
the Licence Fees Act in respect of gross earnings in respect of a licence if:
(a) the gross earnings were equal to the amount of the comparable gross
earnings in respect of the proposed licence; and
(b) the fee were calculated in accordance with the Licence Fees Act as in
force at the time when the notice under subsection (1) is published in
relation to the proposed licence; and
M is the multiplication factor for the comparable gross earnings.
(3) The amount of the comparable gross earnings in respect of a proposed
licence is:
(a) if there is one licence only whose service area is substantially the
same as that of the proposed licence-an amount equal to the gross earnings of
that other licence in respect of the relevant fee period for that other
licence;
(b) if there are 2 or more licences whose service areas are substantially
the same as that of the proposed licence-an amount calculated in accordance
with the formula:
G/N
where:
G is the sum of the gross earnings in respect of those other licences in
respect of the relevant fee periods for those other licences; and
N is the number of those other licences; or
(c) in any other case-an amount calculated in accordance with the formula:
P x D
where:
P is the service area population of the proposed licence; and
D is $15, or such other amount as is fixed by the regulations.
(4) Where the relevant fee period for a licence is not a period of 12
months, the amount of the gross earnings in respect of that licence in respect
of that period shall, for the purposes of subsections (2) and (3), be taken to
be the amount calculated in accordance with the formula:
G x 365
N
where:
G is the amount of the gross earnings in respect of the licence in respect
of the relevant period; and
N is the number of days in the relevant period.
(5) Where the holder of a licence whose service area is substantially the
same as that of the proposed licence fails to comply with paragraph 123 (1)
(c) in relation to the relevant fee period for the licence, the gross earnings
in respect of the licence shall, for the purposes of subsections (2) and (3),
be taken to be the amount determined by the Minister, in writing, to be the
amount of those gross earnings, having regard to the following:
(a) the gross earnings in respect of that licence in respect of the next
most recent period in respect of which a fee was payable in respect of that
licence under the Licence Fees Act;
(b) the gross earnings, in respect of any other licence whose service area
overlaps that of the proposed licence, in respect of the relevant fee period
for that other licence;
(c) if the holder of a licence whose service area overlaps that of the
proposed licence fails to comply with paragraph 123 (1) (c) in relation to the
relevant fee period for the licence-the gross earnings in respect of the
licence in respect of the next most recent period in respect of which a fee
was payable in respect of the licence under the Licence Fees Act.
(6) The Minister shall, in publishing a notice under subsection (1), have
regard to the most recently available official census count results.
(7) In this section:
'gross earnings' has the same meaning as in the Licence Fees Act;
'licence' means a commercial radio licence and includes a licence in respect
of a commercial broadcasting station to which the Broadcasting and Television
Act 1942 as in force immediately before 1 January 1986 applies by virtue of
section 98 of the Broadcasting and Television Amendment Act 1985;
'Licence Fees Act' means the Radio Licence Fees Act 1964 and includes the
Broadcasting Stations Licence Fees Act 1964 as in force immediately before 1
January 1986 and as applied by virtue of section 11 of the Broadcasting
Stations Licence Fees Amendment Act 1985;
'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;
'multiplication factor', in relation to comparable gross earnings, means:
(a) if those earnings are less than $2,500,000-the number 30;
(b) if those earnings are equal to or greater than $2,500,000 but less
than
$3,500,000-the number 35; or
(c) if those earnings are equal to or greater than $3,500,000-the number
40;
'relevant fee period', in relation to a licence (in this definition called
the 'existing licence') whose service area is substantially the same as or
overlaps that of the proposed commercial radio licence, means the most recent
period in respect of which a fee was payable in respect of the existing
licence under subsection 6 (2) of the Licence Fees Act, where the 6 months
referred to in paragraph 123 (1) (c) beginning at the end of the period had
ended before the day on which the notice under subsection 82 (1) in relation
to the proposed commercial radio licence was published in the Gazette;
'service area population', in relation to a licence whose service area
overlaps that of the proposed commercial radio licence, means the number
specified as the population of the service area of that licence in the notice
under subsection (1) in relation to the proposed licence.
BROADCASTING ACT 1942 - SECT 82A
Applications for grant of supplementary radio licences
SECT
82A.(1) Subject to subsection (3), the holder of a commercial radio licence
or a consortium each member of which is the holder of such a licence may lodge
with the Minister, in accordance with a form approved by the Minister, an
application for the grant of a licence for a radio service, being a service
for the transmission of programs solely by way of frequency modulation, for
the purpose of serving an area the specification of which is to be determined
by the Minister in accordance with subsection (7).
(3) An application shall not be lodged under subsection (1) by:
(a) the holder of a commercial radio licence where the programs
transmitted
pursuant to the licence are transmitted solely by way of frequency modulation;
or
(b) a consortium any member of which is a person referred to in paragraph
(a).
(4) Where an application (other than an application to which subsection (5)
applies) is lodged under subsection (1), the Minister may:
(a) refer the application to the Tribunal, together with a notice in
writing
setting out:
(i) the specification of the area determined by the Minister to be
served in pursuance of the supplementary radio licence; and
(ii) an outline of the technical conditions proposed to be included
in
the licence warrant; or
(b) dismiss the application on technical or planning grounds.
(5) The Minister shall dismiss an application lodged under subsection (1) by
a consortium if, in the opinion of the Minister, the whole or a substantial
part of the service area of the commercial radio licence referred to in that
subsection that is held by a member of the consortium is not coextensive with
the whole or a substantial part of the service area of the commercial radio
licence so referred to that is held by the other member, or each of the other
members, as the case requires.
(6) The Minister shall, as soon as practicable but in any case within 21
days after the date of his decision under subsection (4) or (5), inform the
applicant, by notice in writing, of the decision and:
(a) where paragraph (4) (a) applies-of the matters set out in the notice
referred to in that paragraph; or
(b) where paragraph (4) (b) applies-of the reason or reasons for his
decision.
(7) The Minister shall, in determining the specification of the area to be
served in pursuance of a supplementary radio licence, endeavour to ensure
that, so far as practicable, the whole of the service area of a commercial
radio licence to which the supplementary radio licence would be related shall
be served in pursuance of the supplementary radio licence.
BROADCASTING ACT 1942 - SECT 82AB
Applications for grant of limited licences
SECT
82AB.(1) A person may apply to the Minister for the grant of a limited
licence.
(2) The application must be in a form approved by the Minister.
(3) Where the Minister receives an application under subsection (1), the
Minister shall:
(a) dismiss the application on technical or planning grounds;
(b) defer consideration of the application on technical or planning
grounds;
(c) determine not to consider the application but to exercise the
Minister's
powers under subsection (5) instead; or
(d) refer the application to the Tribunal together with a written notice
that sets out:
(i) the service specifications to which the licence is to be
subject;
and
(ii) an outline of the technical conditions proposed to be included
in
the licence warrant.
(4) The Minister shall not exercise the power under paragraph (3) (b) or (c)
in relation to an application more than 2 months after receiving the
application.
(5) The Minister may call for applications for a limited licence or limited
licences by publishing in the Gazette and in a newspaper or newspapers, if
any, circulating in the area concerned, a notice that:
(a) sets out, in relation to the licence or each of the licences:
(i) the service specifications to which the licence is to be
subject;
and
(ii) an outline of the technical conditions proposed to be included
in
the licence warrant;
(b) invites interested persons to apply to the Tribunal, in accordance
with
the regulations, for the grant of the licence or of one or more of the
licences; and
(c) where the notice relates to 2 or more licences-sets out the maximum
number of licences that the Tribunal may grant pursuant to the notice.
(6) The Minister may exercise the powers under subsection (5) either:
(a) in response to an application under subsection (1); or
(b) on the Minister's own initiative.
(7) A notice under subsection (5) shall specify the day by which
applications must be made to the Tribunal.
(8) The day specified under subsection (7) shall be not less than 56 days
after the day on which the notice is published in the Gazette.
(9) Where the Minister sets out in a notice under subsection (5) the maximum
number of licences that the Tribunal may grant pursuant to the notice, the
Tribunal may grant a licence, or a number of licences not exceeding that
maximum number, pursuant to the notice.
(10) Where the Minister may defer consideration of an application under this
section, the Minister:
(a) may defer consideration of the application either indefinitely or for
a
particular period; and
(b) may specify the period by reference to the happening of a particular
event or the existence of particular circumstances.
(11) Where the Minister exercises a power under paragraph (3) (a), (b) or
(c), the Minister shall give the applicant, as soon as practicable after
exercising the power, written notice of the Minister's decision.
BROADCASTING ACT 1942 - SECT 82AC
Tribunal may request outline of program content and format
SECT
82AC.(1) The Tribunal may ask an applicant for a limited licence to give the
Tribunal a written statement that sets out an outline of the content and
format of the programs that the applicant intends to broadcast if granted the
licence.
(2) A request under subsection (1) shall be in writing.
BROADCASTING ACT 1942 - SECT 82AD
Tribunal may request applicant to give copy of constituent documents
SECT
82AD.(1) The Tribunal may ask an applicant for a limited licence to give the
Tribunal a copy of the applicant's constituent documents.
(2) A request under subsection (1) shall be in writing.
BROADCASTING ACT 1942 - SECT 82B
Limitation on number of supplementary radio licences related to a commercial
radio licence
SECT
82B. There shall not at any one time be more than one supplementary radio
licence related to a particular commercial radio licence.
BROADCASTING ACT 1942 - SECT 83
Undertaking
SECT
83.(1) An applicant for the grant of a licence shall, before the licence is
granted, give a written undertaking to the Tribunal that the applicant will,
if granted the licence:
(a) comply with the conditions of the licence;
(b) provide an adequate and comprehensive service pursuant to the licence;
(c) encourage the provision of programs wholly or substantially produced
in
Australia; and
(d) use, and encourage the use of, Australian creative resources in
connection with the provision of programs.
(2) Subsection (1) does not apply to a limited licence.
BROADCASTING ACT 1942 - SECT 83A
Criteria for grant of commercial licence
SECT
83A.(1) The Tribunal shall not refuse to grant a commercial licence to a
person unless it is required to do so by subsection (2), (3), (4), (5), (7),
(9) or (10).
(2) The Tribunal shall refuse to grant a commercial licence to a person if
the person has failed to give an undertaking in accordance with subsection 83
(1).
(3) The Tribunal shall refuse to grant a commercial licence to a person if
the Tribunal is satisfied that the grant of the licence would be contrary to a
provision of this Act.
(4) The Tribunal shall refuse to grant a commercial licence to a person if
it appears to the Tribunal, having regard only to the following matters or
circumstances, that it is advisable in the public interest to refuse to grant
the licence to the person:
(a) the Tribunal is not satisfied that the person:
(i) is a fit and proper person to hold the licence;
(ii) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence; and
(iii) is otherwise capable of complying with the conditions of the
licence;
(b) if the licence's service area:
(i) is not a metropolitan service area; and
(ii) overlaps the service area of at least one other commercial
licence whose service area is also not a metropolitan service area;
the need to avoid undue concentration of influence, whether direct or
indirect, on the person and on the corporation or corporations holding the
other licence or licences;
(c) where the service area of the licence overlaps the service area of
another non-limited licence or other non-limited licences-the need for the
commercial viability of the service or services provided pursuant to the other
licence or other licences.
(5) The Tribunal shall refuse to grant a commercial licence to a person if
it appears to the Tribunal that a licence of the kind contemplated by the
matters (other than the outline of the technical conditions proposed to be
included in the licence warrant) set out in the notice under paragraph 82 (1)
(a) should not be granted.
(6) The reference in subsection (5) to the matters set out in the notice
under paragraph 82 (1) (a) is a reference to such matters as affected by any
determination under subsection 83F (1).
(7) Subject to subsection (8), the Tribunal shall refuse to grant a
commercial licence to a person if the circumstances are such that, if the
Tribunal granted the licence to the person:
(a) the Tribunal would have reasonable grounds for believing that a person
would be contravening section 90C, 92 or 92JB in circumstances that would
constitute an offence against that section;
(b) a person would be contravening section 90F, 92C or 92JD; or
(c) a condition specified in section 90G or 92D would be contravened.
(8) For the purposes of subsection (7), the Tribunal may disregard a
contravention of section 90C, 92 or 92JB by a person if satisfied that:
(a) as soon as practicable after the grant of the licence the person will
take all reasonable steps with a view to causing the contravention to cease;
or
(b) the contravention will not result in the person being, within the
meaning of Part IIIBA, in a position to control the company to which the
licence is to be granted.
(9) Subject to subsection (10), where there are 2 or more applicants for a
commercial licence, each of whom is a person to whom, but for this subsection,
the Tribunal would be required to grant the licence, the Tribunal shall grant
the licence to the most suitable applicant.
(10) Where the licence is a commercial radio licence, the following
provisions have effect:
(a) the Tribunal shall give the eligible applicant who, in the opinion of
the Tribunal, is the most suitable applicant notice in writing that the
licence is available to that applicant;
(b) if an applicant who is given notice under paragraph (a) or (c) tenders
to the Commonwealth, before the end of the relevant period, an amount equal to
the amount of the establishment fee, the Tribunal shall grant the licence to
that applicant;
(c) if an applicant who is given notice under paragraph (a) or this
paragraph does not tender to the Commonwealth, before the end of the relevant
period, an amount equal to the amount of the establishment fee and there is at
least one other eligible applicant:
(i) the application by the applicant given that notice shall be
deemed
to have been withdrawn; and
(ii) the Tribunal shall give the remaining eligible applicant, or
the
one of the remaining eligible applicants who, in the opinion of the Tribunal,
is the most suitable applicant, notice in writing that the licence is
available to that applicant;
(d) if an applicant who is given notice under paragraph (a) or (c) does
not
tender to the Commonwealth, before the end of the relevant period, an amount
equal to the amount of the establishment fee, the Minister may:
(i) determine that, even though the relevant period has ended, the
licence shall continue to be available to that applicant for such further
period as is specified in the determination; or
(ii) determine that a fresh notice under subsection 82 (1) should be
published in relation to the proposed grant of the licence;
(e) if a determination is made under subparagraph (d) (i) in relation to
an
applicant and the applicant, before the end of the further period specified in
the determination, tenders to the Commonwealth, an amount equal to the sum
of:
(i) the amount of the establishment fee; and
(ii) the amount of any late payment charge payable under paragraph
(f);
the Tribunal shall grant the licence to the applicant;
(f) where an applicant in relation to whom a determination under
subparagraph (d) (i) has been made tenders to the Commonwealth, after the end
of the relevant period, an amount in respect of the establishment fee, an
additional fee is due and payable by way of penalty by the applicant at the
rate of 20% per annum on the amount tendered, computed from the end of the
relevant period until the day on which the amount is tendered;
(g) if a determination is made under subparagraph (d) (i) in relation to
an
applicant and the applicant does not tender to the Commonwealth, before the
end of the further period specified in the determination, an amount equal to
the sum of the amounts specified in subparagraphs (e) (i) and (ii), the
Minister may determine that a fresh notice under subsection 82 (1) should be
published in relation to the proposed grant of the licence.
(11) In subsection (10):
'eligible applicant', in relation to the grant of a commercial radio
licence, means a person to whom, but for subsection (9), the Tribunal would be
required to grant the licence;
'establishment fee', in relation to the grant of a commercial radio licence,
means the fee payable on the grant of the licence under subsection 6 (1A) of
the Radio Licence Fees Act 1964;
'relevant period', in relation to an applicant who is given notice under
paragraph (10) (a) or (c), means:
(a) the period of 60 days commencing on the day on which the notice is
given; or
(b) if, before the end of that period, legal proceedings are commenced to
challenge the giving of the notice or to prevent the granting of the licence
to the applicant-the period of 30 days commencing on the day after the
termination of all such proceedings (whether commenced before or after the end
of the period referred to in paragraph (a));
'termination' includes termination by way of withdrawal or final
determination and, when used in relation to legal proceedings, includes the
termination of any appeal arising out of those proceedings.
BROADCASTING ACT 1942 - SECT 83B
Criteria for grant of supplementary radio licence
SECT
83B.(1) The Tribunal shall not refuse to grant a supplementary radio licence
to a person unless it is required to do so by subsection (2), (3), (4), (5) or
(7).
(2) The Tribunal shall refuse to grant a supplementary radio licence to a
person if the person has failed to give an undertaking in accordance with
subsection 83 (1).
(3) The Tribunal shall refuse to grant a supplementary radio licence to a
person if the Tribunal is satisfied that the grant of the licence would be
contrary to a provision of this Act.
(4) The Tribunal shall refuse to grant a supplementary radio licence to a
person if it appears to the Tribunal, having regard only to the following
matters or circumstances, that it is advisable in the public interest to
refuse to grant the licence to the person:
(a) the Tribunal is not satisfied that the person:
(i) is a fit and proper person to hold the licence;
(ii) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence; and
(iii) is otherwise capable of complying with the conditions of the
licence;
(b) where the licence's service area overlaps the service area of another
non-limited licence or other non-limited licences-the need for the commercial
viability of the service or services provided pursuant to the other licence or
licences.
(5) The Tribunal shall refuse to grant a supplementary radio licence to a
person if it appears to the Tribunal that a licence of the kind contemplated
by the matters (other than the outline of the technical conditions proposed to
be included in the licence warrant) set out in the notice under paragraph 82A
(4) (a) should not be granted.
(6) The reference in subsection (5) to the matters set out in the notice
under paragraph 82A (4) (a) is a reference to such matters as affected by any
determination under subsection 83F (1).
(7) The Tribunal shall refuse to grant a supplementary radio licence to a
person if the Tribunal, having due regard to the need for the commercial
viability of radio services provided pursuant to other non-limited licences
that have service areas that overlap the service area of the supplementary
radio licence, determines:
(a) that an additional radio service provided pursuant to a commercial
radio
licence having the same service area as that of the supplementary licence is
reasonably likely to be commercially viable during the period in which the
supplementary licence, if granted, would be in force; and
(b) that, having considered:
(i) the need for an adequate and comprehensive service to be
provided
pursuant to such an additional licence; and
(ii) whether, in the Tribunal's opinion, there is or would, if the
supplementary licence were granted, be an undue concentration of the ownership
or control, direct or indirect, of the media in the service area of the
supplementary radio licence;
it is in the public interest that applications for such a commercial radio
licence should be invited.
(8) The Tribunal shall, as soon as practicable after making a determination
under subsection (7):
(a) inform the applicant and the Minister, by notice in writing, of the
determination and the reasons for the determination; and
(b) make a written recommendation to the Minister that the Minister invite
applications for a commercial radio licence to serve the area that would have
been the service area of the supplementary radio licence.
BROADCASTING ACT 1942 - SECT 83C
Criteria for grant of public licence
SECT
83C.(1) The Tribunal shall not refuse to grant a public licence to a person
unless it is required to do so by subsection (2), (3), (4), (5) or (7).
(2) The Tribunal shall refuse to grant a public licence to a person if the
person has failed to give an undertaking in accordance with subsection 83
(1).
(3) The Tribunal shall refuse to grant a public licence to a person if the
Tribunal is satisfied that the grant of the licence would be contrary to a
provision of this Act.
(4) The Tribunal shall refuse to grant a public licence to a person if it
appears to the Tribunal, having regard only to the following matters or
circumstances, that it is advisable in the public interest to refuse to grant
the licence to the person:
(a) the Tribunal is not satisfied that the person:
(i) is a fit and proper person to hold the licence;
(ii) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence; and
(iii) is otherwise capable of complying with the conditions of the
licence;
(b) where the service area of the licence overlaps the service area of
another non-limited licence or other non-limited licences-the need for the
commercial viability of the service or services provided pursuant to the other
licence or other licences;
(c) the undesirability of a person being in a position to exercise
control,
within the meaning of Division 6 of Part IIIBA, of more than one public radio
licence or more than one public television licence;
(d) the undesirability of:
(i) the Commonwealth, a State or the Northern Territory or a
statutory
authority of the Commonwealth, a State or a Territory; or
(ii) a political party;
being in a position to exercise control, within the meaning of Division 6 of
Part IIIBA, of a public licence;
(e) the undesirability of a public licence being held by a corporation
whose
operations pursuant to the licence will be conducted, either wholly or
substantially, for the purpose of the acquisition by another person of profit
or gain;
(f) the desirability of members of the community to be served pursuant to
a
public licence being in a position to exercise control of the licence;
(g) the need to encourage members of the community to be served pursuant
to
a public licence to participate in:
(i) the operations of the licensee in providing the service pursuant
to the licence; and
(ii) the selection and provision of programs to be broadcast
pursuant
to the licence.
(5) The Tribunal shall refuse to grant a public licence to a person if it
appears to the Tribunal that a licence of the kind contemplated by the matters
(other than the outline of the technical conditions proposed to be included in
the licence warrant) set out in the notice under paragraph 82 (1) (a) should
not be granted.
(6) The reference in subsection (5) to the matters set out in the notice
under paragraph 82 (1) (a) is a reference to such matters as affected by any
determination under subsection 83F (1).
(7) Where there are 2 or more applicants for a public licence, each of whom
is a person to whom, but for this subsection, the Tribunal would be required
to grant the licence, the Tribunal shall grant the licence to the most
suitable applicant.
BROADCASTING ACT 1942 - SECT 83D
Criteria for grant of remote licence
SECT
83D.(1) The Tribunal shall not refuse to grant a remote licence to a person
unless it is required to do so by subsection (2), (3), (4), (5) or (7).
(2) The Tribunal shall refuse to grant a remote licence to a person if the
person has failed to give an undertaking in accordance with subsection 83
(1).
(3) The Tribunal shall refuse to grant a remote licence to a person if the
Tribunal is satisfied that the grant of the licence would be contrary to a
provision of this Act.
(4) The Tribunal shall refuse to grant a remote licence to a person if it
appears to the Tribunal, having regard to the following matters or
circumstances, that it is advisable in the public interest to refuse to grant
the licence to the person:
(a) the Tribunal is not satisfied that the person:
(i) is a fit and proper person to hold the licence;
(ii) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence; and
(iii) is otherwise capable of complying with the conditions of the
licence;
(b) where the service area of the licence overlaps the service area of
another non-limited licence or other non-limited licences-the need for the
commercial viability of the service or services provided pursuant to the other
licence or other licences;
(c) subject to the desirability of ensuring that, in all parts of
Australia,
there are available:
(i) at least one service provided pursuant to a commercial radio
licence or remote radio licence; and
(ii) at least one service provided pursuant to a commercial
television
licence or remote television licence;
the need to avoid an undue concentration of the ownership or control, direct
or indirect, of the media in the service area of the licence;
(d) the likelihood that, if the Tribunal granted the licence, a person
would, in relation to the licence or the holder of the licence, contravene an
order of the Tribunal made for the purposes of section 92V;
(e) any relevant government policy statements;
(f) any matters prescribed by regulations for the purposes of this
paragraph;
(g) any other matters or circumstances that the Tribunal considers
relevant.
(5) The Tribunal shall refuse to grant a remote licence to a person if it
appears to the Tribunal that a licence of the kind contemplated by the matters
(other than the outline of technical conditions proposed to be included in the
licence warrant) set out in the notice under paragraph 82 (1) (a) should not
be granted.
(6) The reference in subsection (5) to the matters set out in the notice
under paragraph 82 (1) (a) is a reference to such matters as affected by any
determination under subsection 83F (1).
(7) Where there are 2 or more applicants for a remote licence, each of whom
is a person to whom, but for this subsection, the Tribunal would be required
to grant the licence, the Tribunal shall grant the licence to the most
suitable applicant.
BROADCASTING ACT 1942 - SECT 83E
Criteria for grant of limited licence
SECT
83E.(1) The Tribunal shall not grant a limited licence to a person if the
Tribunal is satisfied that:
(a) the person is not a fit and proper person to hold the licence;
(b) the person is not capable of complying with the conditions of the
licence;
(c) any relevant matters specified by regulations made for the purposes of
subsection 81C (1) have not been satisfied; or
(d) it is otherwise not in the public interest to grant the licence to the
person.
(2) In deciding whether to grant a limited licence to a person, the Tribunal
may have regard to:
(a) any outline provided by the person in accordance with section 82AC;
(b) any failure by the person to provide an outline in accordance with
section 82AC;
(c) the likelihood that, if the Tribunal granted the licence, a person
would, in relation to the licence or the holder of the licence, contravene an
order of the Tribunal made for the purposes of section 92VA; and
(d) any other matters or circumstances that the Tribunal considers
relevant.
(3) The Tribunal may refuse to grant a limited licence to a person if it
appears to the Tribunal that a licence of the kind contemplated by the matters
(other than the outline of the technical conditions proposed to be included in
the licence warrant) set out in the notice under paragraph 82AB (3) (d) or
subsection 82AB (5) should not be granted.
(4) The reference in subsection (3) to the matters set out in the notice
under paragraph 82AB (3) (d) or subsection 82AB (5) is a reference to such
matters as affected by any determination under subsection 83F (1).
(5) Subject to subsection (6), where there are 2 or more applicants for a
limited licence, each of whom is a person to whom, but for this subsection,
the Tribunal would be able to grant the licence, the Tribunal shall grant the
licence to the most suitable applicant.
(6) If regulations are made under the Broadcasting (Limited Licences) Fees
Act 1988 prescribing a fee payable on the grant of a limited licence that is
payable in accordance with a system of tendering, bidding or auction,
subsection (5) ceases to have effect in relation to that licence while those
regulations are in force and regulations may be made under this Act
prescribing the rules that are to apply to the grant of that licence where
there are 2 or more applicants for that licence, each of whom, but for the
regulations, is a person to whom the Tribunal would be able to grant that
licence.
BROADCASTING ACT 1942 - SECT 83F
Minister may revise service specifications before grant of licence
SECT
83F.(1) Subject to subsection (2), the Minister may, at any time before the
grant of a licence, revoke the service specifications determined in relation
to the licence under:
(a) subsection 82 (1);
(b) subsection 82A (4);
(c) subsection 82AB (3) or (5); or
(d) this subsection;
and determine that the new service specifications specified in the
determination are the service specifications to which the licence is to be
subject.
(2) The service specifications determined by the Minister under subsection
(1) must be substantially consistent with the service specifications
determined in relation to the licence under:
(a) if the licence is a supplementary licence-subsection 82A (4);
(b) if the licence is a limited licence-subsection 82AB (3) or (5), as the
case requires; or
(c) in any other case-subsection 82 (1).
(3) Where the Minister makes a determination under subsection (1), the
Minister shall notify the Tribunal accordingly.
BROADCASTING ACT 1942 - SECT 84
Imposition of licence conditions
SECT
84.(1) Upon the grant of a licence (other than a public licence or a limited
licence), the conditions of the licence are:
(a) the service specifications determined by the Minister under:
(i) if the licence is a supplementary licence-subsection 82A (4) or
83F (1); or
(ii) in any other case-subsection 82 (1) or 83F (1);
(b) such conditions, not relating to matters referred to in the
definition of 'service specification' or 'technical condition' in subsection 4
(1), as are imposed by the Tribunal; and
(c) the conditions imposed by sections 90K, 90L, 90M, 92FA, 92G, 92H and
129.
(3) Upon the grant of a public licence, the conditions of the licence are:
(a) the service specifications determined by the Minister under subsection
82 (1) or 83F (1);
(b) the conditions imposed by the Tribunal for the purpose of giving
effect
to any determination by the Tribunal, pursuant to subsection 81A (4), of the
purpose for which the licence is granted;
(c) any other conditions, not relating to matters referred to in the
definition of 'service specification' or 'technical condition' in subsection,
4 (1) imposed by the Tribunal; and
(d) the conditions imposed by sections 119AB and 129.
(4) Upon the grant of a limited licence, the conditions of the licence are:
(a) the service specifications determined by the Minister under subsection
82AB (3) or (5) or 83F (1);
(b) the conditions imposed by the Tribunal for the purpose of giving
effect
to any determination by the Tribunal, under subsection 81B (3), of the purpose
for which the licence is granted;
(c) any other conditions, not relating to matters referred to in the
definition of 'service specification' or 'technical condition' in subsection 4
(1), imposed by the Tribunal;
(d) any conditions imposed by regulations made for the purposes of
subsection 81C (1); and
(e) the conditions imposed by sections 119AC and 129.
BROADCASTING ACT 1942 - SECT 85
Variation of licence conditions
SECT
85.(1) Subject to this section, the Tribunal may, during the currency of a
licence, by notice in writing to the licensee, vary or revoke any of the
conditions of the licence (other than conditions applicable by virtue of
section 129) or impose further conditions.
(2) In deciding whether to vary or revoke any of the conditions of a licence
or to impose further conditions in respect of a licence, the Tribunal shall
have due regard to the need for the commercial viability of the broadcasting
services provided pursuant to other licences having service areas that overlap
the service area of the licence.
(3) Subject to this section, the Tribunal shall not vary, revoke or impose a
condition relating to a matter referred to in the definition of 'service
specification' in subsection 80 (1).
(4) Subject to subsection (5), the Minister may, during the currency of a
licence, by notice in writing, direct the Tribunal, as specified in the
notice, to vary or revoke a condition of the licence, or impose a further
condition, relating to a matter referred to in the definition of service
specification in subsection 80 (1), and the Tribunal shall comply with the
direction.
(5) Before the Minister gives a direction to the Tribunal under subsection
(4):
(a) the Minister, or an officer authorized by the Minister in writing for
the purposes of this paragraph, shall give the licensee notice in writing:
(i) specifying the direction proposed to be given by the Minister;
and
(ii) informing the licensee that the licensee may, not later than a
specified date (being a date not earlier than 14 days after the date of the
notice), make representations to the Minister relating to the proposed
direction;
(aa) in the case of a direction to vary the particular special interest or
interests to be served pursuant to a public licence granted for a special
interest purpose-the Minister, or an officer authorised by the Minister in
writing for the purposes of this paragraph, shall also give the Tribunal
notice in writing:
(i) specifying the direction proposed to be given by the Minister;
and
(ii) inviting the Tribunal to make representations to the Minister
relating to the proposed direction;
(ab) in the case of a direction to vary the purpose of a limited
licence-the
Minister, or an officer authorised by the Minister in writing for the purposes
of this paragraph, shall also give the Tribunal notice in writing:
(i) specifying the direction proposed to be given by the Minister;
and
(ii) inviting the Tribunal to make representations to the Minister
relating to the proposed direction;
(b) in the case of a direction to vary the service area of the licence-the
Minister, or an officer authorized by the Minister in writing for the purposes
of this paragraph, shall also publish, in the Gazette and in a newspaper or
newspapers (if any) circulating in the service area of the licence and in the
proposed new service area, a notice:
(i) specifying the direction proposed to be given by the Minister;
and
(ii) notifying interested persons that they may, not later than a
specified date (being a date not earlier than 21 days after the date of
publication of the notice in the Gazette), make representations to the
Minister relating to the proposed direction; and
(c) the Minister shall have regard to any representations so made.
(6) The Tribunal shall give not less than 14 days' notice in writing of its
intention to vary or revoke a condition, or to impose a further condition,
under this section (otherwise than in pursuance of a direction under
subsection (4)), and shall specify in the notice the variation proposed or the
condition to be revoked or imposed.
(7) In this section, 'condition' does not include a condition relating to a
matter referred to in the definition of 'technical condition' in subsection 4
(1).
BROADCASTING ACT 1942 - SECT 86
Renewal of licences-general
SECT
86.(1) Subject to subsection (2), an application for the renewal of a
licence shall be lodged with the Tribunal not less than 20 weeks before the
expiration of the licence.
(2) An application for the renewal of a limited licence may, with the
approval of the Tribunal, be lodged less than 20 weeks before the expiration
of the licence.
(3) The application must be made in accordance with the regulations.
(4) The licensee shall, before the licence is renewed, give a fresh
undertaking in writing to the Tribunal in the same terms as an undertaking
required to be given under subsection 83 (1).
(5) Subsection (4) does not apply to a limited licence.
(6) On the renewal of a licence, the Tribunal may vary or revoke any of the
conditions of the licence or impose further conditions.
(7) The Tribunal shall not, under subsection (6), vary, revoke or impose a
condition relating to a matter referred to in the definition of 'service
specification' or 'technical condition' in subsection 4 (1).
BROADCASTING ACT 1942 - SECT 86AA
Renewal of commercial licence
SECT
86AA.(1) The Tribunal shall not refuse to renew a commercial licence unless
it is:
(a) required to do so by subsection (2), (3), (4) or (5); or
(b) authorised to do so by subsection (8), (9) or (10).
(2) The Tribunal shall refuse to renew a commercial licence if the licensee
has failed to give an undertaking under subsection 86 (4).
(3) The Tribunal shall refuse to renew a commercial licence if the Tribunal
is satisfied that the renewal of the licence would be contrary to a provision
of this Act.
(4) The Tribunal shall refuse to renew a commercial licence if it appears to
the Tribunal, having regard only to the following matters or circumstances,
that it is advisable in the public interest to refuse to renew the licence:
(a) the Tribunal is satisfied that the licensee has failed to comply with
the undertaking (if any) given under subsection 83 (1) or 86 (4), as the case
may be, in relation to the licence to be renewed;
(b) the Tribunal is satisfied that the licensee:
(i) is no longer a fit and proper person to hold the licence; or
(ii) no longer has the financial, technical and management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence;
(c) the Tribunal is satisfied that a condition of the licence has not been
complied with;
(d) the need for the commercial viability of the service provided pursuant
to the licence.
(5) Subject to subsection (6), the Tribunal shall refuse to renew a
commercial licence if the circumstances are such that, if the Tribunal renewed
the licence:
(a) the Tribunal would have reasonable grounds for believing that a person
would be contravening section 90C, 92 or 92JB in circumstances that would
constitute an offence against that section;
(b) a person would be contravening section 90F, 92C or 92JD; or
(c) a condition specified in section 90G or 92D would be contravened.
(6) For the purposes of subsection (5), the Tribunal may disregard a
contravention of section 90C, 92 or 92JB by a person if satisfied that:
(a) as soon as practicable after the renewal of the licence the person
will
take all reasonable steps with a view to causing the contravention to cease;
or
(b) the contravention will not result in the person being, within the
meaning of Part IIIBA, in a position to control the company that holds the
licence.
(7) Where an implementation plan is applicable to a licensee in respect of a
commercial television licence, the Tribunal shall, in determining for the
purposes of subsection (4) whether the licensee has failed to comply with the
undertaking (if any) given under subsection 83 (1) or 86 (4) in relation to
the licence, have regard to the terms of the implementation plan.
(8) The Tribunal may refuse to renew a commercial licence if it is satisfied
that the licensee has unreasonably or repeatedly delayed paying an amount
payable by the licensee under a Fees Act.
(9) Where an MCS permit has been granted in respect of a commercial
television licence, the Tribunal may refuse to renew the licence if the
Tribunal is satisfied that:
(a) the licensee has failed to comply with:
(i) a condition of the permit; or
(ii) an undertaking given under subsection 94V (5) or 94X (3) in
relation to the permit; and
(b) it is advisable in the public interest, having regard to that failure,
that the licence not be renewed.
(10) Where an implementation plan is applicable to a licensee in respect of
a commercial television licence, the Tribunal may refuse to renew the licence
if the Tribunal is satisfied that:
(a) the licensee has failed to a significant extent to comply with the
implementation plan; and
(b) it is advisable in the public interest, having regard to that failure,
that the licence not be renewed.
(11) Before the Tribunal refuses to renew a licence under subsection (10):
(a) the Chairman of the Tribunal shall give the Minister written notice
that
the Tribunal is satisfied as to the matters referred to in paragraphs (10) (a)
and (b) in relation to the licence; and
(b) the Tribunal shall have regard to any representations made by the
Minister.
(12) Without limiting subsection (11), the Minister may include, in
representations made pursuant to that subsection in relation to a licence,
details of any proposed variations of the implementation plan applicable to
the licensee in respect of the licence.
BROADCASTING ACT 1942 - SECT 86AB
Renewal of supplementary radio licence
SECT
86AB.(1) The Tribunal shall not refuse to renew a supplementary radio
licence unless it is:
(a) required to do so by subsection (2), (3) or (4); or
(b) authorised to do so by subsection (5).
(2) The Tribunal shall refuse to renew a supplementary radio licence if the
licensee has failed to give an undertaking under subsection 86 (4).
(3) The Tribunal shall refuse to renew a supplementary radio licence if the
Tribunal is satisfied that the renewal of the licence would be contrary to a
provision of this Act.
(4) The Tribunal shall refuse to renew a supplementary radio licence if it
appears to the Tribunal, having regard only to the following matters or
circumstances, that it is advisable in the public interest to refuse to renew
the licence:
(a) the Tribunal is satisfied that the licensee has failed to comply with
the undertaking (if any) given under subsection 83 (1) or 86 (4), as the case
may be, in relation to the licence to be renewed;
(b) the Tribunal is satisfied that the licensee:
(i) is no longer a fit and proper person to hold the licence; or
(ii) no longer has the financial, technical and management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence;
(c) the Tribunal is satisfied that a condition of the licence has not been
complied with;
(d) the need for the commercial viability of the service provided pursuant
to the licence.
(5) The Tribunal may refuse to renew a supplementary radio licence if it is
satisfied that the licensee has unreasonably or repeatedly delayed paying an
amount payable by the licensee under the Radio Licence Fees Act 1964.
BROADCASTING ACT 1942 - SECT 86A
Renewal of certain supplementary licences
SECT
86A.(1) In this section and sections 86B to 86D (inclusive), 'prescribed
period', in relation to a renewal of a supplementary radio licence being a
renewal to which this section applies, means the period of 3 years commencing
on that renewal.
(2) Subject to subsection (3), this section and sections 86B to 86D
(inclusive) apply only in relation to a renewal of a supplementary radio
licence.
(3) This section and sections 86B to 86D (inclusive) do not apply in
relation to:
(a) a renewal of a supplementary radio licence occurring less than 8 years
after the grant of the licence in pursuance of section 83; or
(b) a renewal of a supplementary radio licence occurring in the
prescribed period in relation to a renewal of that licence that commences 8 or
more years after the grant of the licence in pursuance of section 83;
unless, in the case of a renewal referred to in paragraph (a), the licensee,
in his application under subsection 86 (1) for the renewal, elects to have
this section and those sections apply.
(4) At the inquiry into the renewal of a supplementary radio licence or in
the consideration of the application for such a renewal, as the case may be,
under section 86AB, the Tribunal, having due regard to the need for the
commercial viability of the radio services provided pursuant to non-limited
licences having service areas that overlap the service area of the licence,
shall determine whether or not, in its opinion, both of the following matters
or circumstances apply in relation to the renewal:
(a) an additional radio service provided pursuant to a commercial radio
licence having the same service area as the supplementary radio licence is
reasonably likely to be commercially viable after the expiration of the
prescribed period:
(b) having considered the need for an adequate and comprehensive service
to
be provided pursuant to such an additional licence, it is in the public
interest that applications for such a licence be invited.
(6) The Tribunal shall, as soon as practicable after making a determination
under subsection (4):
(a) inform the licensee and the Minister, by notice in writing, of the
determination and the reasons for the determination; and
(b) where it is of the opinion referred to in that subsection and it
grants
a renewal of the supplementary radio licence, make a recommendation in writing
to the Minister that the Minister invite applications for a commercial radio
licence to serve, after the expiration of the prescribed period, an area that
is substantially coextensive with the service area of the supplementary radio
licence.
(7) Where the Tribunal is of the opinion referred to in subsection (4) and
it grants a renewal of the supplementary radio licence, the Tribunal shall
not:
(a) if the period of renewal is less than 3 years-grant, within the
prescribed period, a further renewal of the licence that expires after the
expiration of the prescribed period; or
(b) grant a renewal of the licence at the expiration of the prescribed
period unless:
(i) on or before the expiration of that period, the related
commercial
radio licence ceases to be in force and is not renewed; and
(ii) the supplementary radio licence is not held by the members of a
consortium.
(8) Where the Tribunal grants a renewal of a supplementary radio licence and
makes a recommendation under paragraph (6) (b), the Minister may, within 3
months after the commencement of the prescribed period, by notice in writing
served on the licensee, inform the licensee that he accepts the recommendation
of the Tribunal and that the licensee may, within 3 months after service of
the notice, or such further period as the Tribunal on application within that
period allows, make the election provided for in subsection (10).
(9) Where, at the expiration of the period of 3 months first referred to in
subsection (8), the Minister has not served a notice on the licensee under
that subsection, subsection (7) does not apply in relation to the
supplementary radio licence.
(10) Where the Minister serves a notice on the licensee under subsection
(8), the licensee may, within 3 months after service of the notice, or such
further period as the Tribunal on application within that period allows,
elect, by notice in writing lodged with the Tribunal:
(a) except in the case of the members of a consortium-to apply for a
renewal
at the expiration of the prescribed period in accordance with subsection 86B
(1) and:
(i) to transfer the related commercial radio licence in accordance
with section 86C; or
(ii) to allow the related commercial radio licence to expire in
accordance with subsection 86B (2);
(b) not to apply for a renewal at the expiration of the prescribed period;
or
(c) to transfer the supplementary radio licence in accordance with section
86C;
and the Tribunal shall forward to the Minister a copy of any notice so lodged
by the licensee.
(11) An election under subsection (10) is binding on any person to whom the
supplementary radio licence is transferred (otherwise than in pursuance of
section 86C), and this section and sections 86B to 86D (inclusive) apply in
respect of that person as if he were the licensee who made the election.
(12) For the purposes of the application of this section in relation to a
supplementary radio licence held by the members of a consortium:
(a) a notice served on, or given to, one member shall be deemed to be
served
on, or given to, all the members; and
(b) a reference to an election by a licensee shall be read as a reference
to
a joint election by all the members.
BROADCASTING ACT 1942 - SECT 86B
Election to renew certain supplementary licences
SECT
86B.(1) Where a licensee has elected under subsection 86A (10) to apply for
a renewal at the expiration of the prescribed period:
(a) if the supplementary radio licence is deemed by virtue of paragraph
86C
(1) (b) to have ceased to be a supplementary radio licence-an application for
renewal of a licence constituted by the conditions of the supplementary radio
licence as provided in subparagraph 86C (1) (b) (iii) or (v) shall be lodged
and dealt with in accordance with section 86 sections 86 and 86AA;
(b) if subsection 86D (2) applies in relation to the related commercial
radio licence-an application for renewal shall be lodged and dealt with in
accordance with sections 86 and 86AB as an application for renewal of the
supplementary radio licence; or
(c) in any other case-an application for renewal shall be lodged and dealt
with in accordance with sections 86 and 86AA as an application for renewal of
a commercial radio licence in respect of the radio service provided pursuant
to the supplementary radio licence.
(2) Where a licensee has elected under subsection 86A (10) to apply for a
renewal at the expiration of the prescribed period, the related commercial
radio licence, unless transferred in accordance with section 86C, ceases to be
in force upon the expiration of that period and shall not be renewed.
BROADCASTING ACT 1942 - SECT 86C
Election to transfer supplementary or other licence
SECT
86C.(1) Where a licensee has elected under subsection 86A (10) to transfer a
supplementary radio licence or a related commercial radio licence, the
following provisions apply:
(a) any such transfer may be made only within 8 months after the date of
the
election, or such further period as the Tribunal on application within that
period allows, and only to a person other than a consortium, and shall be made
in accordance with sections 89A (other than subsection (10)) and 89B (other
than subsection (5)) and, for the purposes of a transfer of a supplementary
radio licence:
(i) subparagraph 89A (8) (c) (ii) shall be read as extending to a
supplementary radio licence; and
(ii) subsections 89A (2) and (3) have effect as if the reference to
a
commercial licence were a reference to a supplementary radio licence;
(b) where the licence is transferred as provided in paragraph (a), the
licence shall be deemed, on and after the day of transfer, to be a commercial
radio licence.
(2) In considering an application under paragraph (1) (a) for an extension
of the period of 8 months referred to in that paragraph, the Tribunal shall
have regard to the need to ensure the continuity of radio services having
service areas that overlap the service area of the supplementary radio
licence.
BROADCASTING ACT 1942 - SECT 86D
Invitation of certain licence applications
SECT
86D.(1) Where a licensee:
(a) has failed to make an election under subsection 86A (10) within the
time
limited by that subsection;
(b) has elected under subsection 86A (10) to allow a related commercial
radio licence to expire;
(c) has elected under subsection 86A (10) not to apply for a renewal at
the
expiration of the prescribed period; or
(d) has elected under subsection 86A (10) to transfer a supplementary
radio
licence or a related commercial radio licence but has failed to do so within
the time limited by paragraph 86C (1) (a);
the Minister may, within 3 months after the failure referred to in paragraph
(a) or (d), or the election referred to in paragraph (b) or (c), as the case
may be, publish a notice in accordance with subsection 82 (1) notifying
interested persons that they may lodge applications for a commercial radio
licence to serve, after the expiration of the prescribed period, an area that
is substantially coextensive with the service area of the supplementary radio
licence.
(2) Where:
(a) the Minister does not publish a notice referred to in subsection (1)
within the time limited by that subsection;
(b) the Minister so publishes a notice, but no applications are lodged on
or
before the date specified in the notice; or
(c) the Minister so publishes a notice and applications are so lodged, but
the Tribunal refuses, during the prescribed period, to grant the commercial
radio licence applied for;
subsections 86A (7) and 86B (2) do not apply in relation to the supplementary
radio licence and the related commercial radio licence.
(3) Where the Minister publishes a notice referred to in subsection (1)
within the time limited by that subsection and the Tribunal in pursuance of
that notice grants to an applicant a commercial radio licence that commences
on the second day, or any later day, after the expiration of the prescribed
period:
(a) subsection 86B (2) applies in relation to the related commercial radio
licence as if the prescribed period expired immediately before the
commencement of the commercial radio licence; and
(b) the supplementary radio licence shall be deemed to continue in force
until immediately before the commencement of the commercial radio licence.
BROADCASTING ACT 1942 - SECT 86E
Renewal of public licence
SECT
86E.(1) The Tribunal shall not refuse to renew a public licence unless it is
required to do so by subsection (2), (3) or (4).
(2) The Tribunal shall refuse to renew a public licence if the licensee has
failed to give an undertaking under subsection 86 (4).
(3) The Tribunal shall refuse to renew a public licence if the Tribunal is
satisfied that the renewal of the licence would be contrary to a provision of
this Act.
(4) The Tribunal shall refuse to renew a public licence if it appears to the
Tribunal, having regard only to the following matters or circumstances, that
it is advisable in the public interest to refuse to renew the licence:
(a) the Tribunal is satisfied that the licensee has failed to comply with
an
undertaking (if any) given under subsection 83 (1) or 86 (4), as the case may
be, in relation to the licence to be renewed;
(b) the Tribunal is satisfied that the licensee:
(i) is no longer a fit and proper person to hold the licence; or
(ii) no longer has the financial, technical and management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence;
(c) the Tribunal is satisfied that a condition of the licence has not been
complied with;
(d) the need for the commercial viability of the service provided pursuant
to the licence;
(e) the undesirability of a person being in a position to exercise
control,
within the meaning of Division 6 of Part IIIBA, of more than one public radio
licence or more than one public television licence;
(f) the undesirability of:
(i) the Commonwealth, a State or the Northern Territory or a
statutory
authority of the Commonwealth, a State or a Territory; or
(ii) a political party;
being in a position to exercise control, within the meaning of Division 6 of
Part IIIBA, of a public licence;
(g) the undesirability of a public licence being held by a corporation
whose
operations pursuant to the licence have been, or will be, conducted, either
wholly or substantially, for the purpose of the acquisition by another person
of profit or gain;
(h) the desirability of members of the community to be served pursuant to
a
public licence being in a position to exercise control of the licence;
(j) the need to encourage members of the community to be served pursuant
to
a public licence to participate in:
(i) the operations of the licensee in providing the service pursuant
to the licence; and
(ii) the selection and provision of programs to be broadcast
pursuant
to the licence.
BROADCASTING ACT 1942 - SECT 86F
Renewal of remote licence
SECT
86F.(1) The Tribunal shall not refuse to renew a remote licence unless it
is:
(a) required to do so by subsection (2), (3) or (4); or
(b) authorised to do so by subsection (5).
(2) The Tribunal shall refuse to renew a remote licence if the licensee has
failed to give an undertaking under subsection 86 (4).
(3) The Tribunal shall refuse to renew a remote licence if the Tribunal is
satisfied that the renewal of the licence would be contrary to a provision of
this Act.
(4) The Tribunal shall refuse to renew a remote licence if it appears to the
Tribunal, having regard to the following matters or circumstances, that it is
advisable in the public interest to refuse to renew the licence:
(a) the Tribunal is satisfied that the licensee has failed to comply with
the undertaking (if any) given under subsection 83 (1) or 86 (4), as the case
may be, in relation to the licence to be renewed;
(b) the Tribunal is satisfied that the licensee:
(i) is no longer a fit and proper person to hold the licence; or
(ii) no longer has the financial, technical and management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence;
(c) the Tribunal is satisfied that a condition of the licence has not been
complied with;
(d) the need for the commercial viability of the service provided pursuant
to the licence;
(e) the likelihood that, if the Tribunal renewed the licence, a person
would, in relation to the licence or the holder of the licence, contravene an
order of the Tribunal made for the purposes of section 92V;
(f) any relevant government policy statements;
(g) any matters prescribed by regulations for the purposes of this
paragraph;
(h) any other matters or circumstances that the Tribunal considers
relevant.
(5) The Tribunal may refuse to renew a remote licence if it is satisfied
that the licensee has unreasonably or repeatedly delayed paying an amount
payable by the licensee under a Fees Act.
BROADCASTING ACT 1942 - SECT 86G
Renewal of limited licence
SECT
86G.(1) Where a person applies for renewal of a limited licence, the
Tribunal may ask the applicant to give the Tribunal a written statement that
sets out an outline of the content and format of the programs the applicant
intends to broadcast if the licence is renewed.
(2) The request shall be made in writing.
(3) The Tribunal shall not renew a limited licence if it is satisfied that:
(a) renewal of the licence would be inconsistent with the conditions
applicable to the licence;
(b) the applicant is no longer a fit and proper person to hold the
licence;
(c) the applicant is no longer capable of complying with the conditions of
the licence;
(d) any relevant matters specified by regulations made for the purposes of
subsection 81C (1) have not been satisfied; or
(e) it is otherwise not in the public interest to renew the licence.
(4) In exercising its powers under subsection (3), the Tribunal may have
regard to:
(a) any breach of the conditions of the licence by the licensee;
(b) any recommendation made by the Minister under subsection 86H (1);
(c) any outline provided by the licensee under subsection 82AC (1) or
subsection (1) of this section;
(d) the content and format of the programs broadcast by the licensee
pursuant to the licence;
(e) any failure by the licensee to provide an outline in accordance with
subsection (1);
(f) any delay by the licensee in paying amounts payable by the licensee
under a Fees Act;
(g) the likelihood that, if the Tribunal renewed the licence, a person
would, in relation to the licence or the holder of the licence, contravene an
order of the Tribunal made for the purposes of section 92VA; and
(h) any other matters or circumstances that the Tribunal considers
relevant.
BROADCASTING ACT 1942 - SECT 86H
Minister may recommend non-renewal of limited licence
SECT
86H.(1) Where:
(a) a limited licence has been granted for a particular period;
(b) less than half of the period has elapsed; and
(c) the Minister is satisfied, on technical or planning grounds, that the
licence should not be renewed;
the Minister may recommend to the Tribunal that the licence not be renewed.
(2) The recommendation shall be made in writing.
(3) The recommendation shall set out the grounds on which it is made.
(4) The Minister shall give the licensee a copy of the recommendation within
7 days after making the recommendation.
BROADCASTING ACT 1942 - SECT 87
Duration
SECT
87.(1) Subject to this Act and to the regulations (if any) made pursuant to
subsection (2C), a licence granted otherwise than by way of renewal continues
in force:
(a) in the case of a licence other than a remote licence-for such period
(not exceeding 5 years) as is specified in the licence; or
(b) in the case of a remote licence-for such period (not exceeding 7
years)
as is specified in the licence.
(2) Subject to this Act and to the regulations (if any) made pursuant to
subsection (2C), a licence granted by way of renewal continues in force for 3
years or such lesser period (being not less than 12 months) as is specified in
the licence, but the Tribunal shall not specify a period of less than 3 years
unless it is satisfied that the circumstances justify its so doing.
(2A) A limited licence granted for special event purposes continues in force
for such period as is specified in the licence.
(2B) The period specified under subsection (2A) shall not:
(a) commence more than a reasonable time before the beginning of the
relevant special event; or
(b) end more than a reasonable time after the end of the relevant special
event.
(2C) Where regulations are made for the purposes of subsection 81C (1)
specifying a purpose as a purpose for which a limited licence may be granted,
the regulations may provide that subsections (1) and (2) apply in relation to
licences that have that purpose as if:
(a) the period specified in the regulations (not exceeding 5 years) were
substituted for the reference to 5 years in paragraph (1) (a);
(b) the period specified in the regulations (not exceeding 3 years) were
substituted for the reference to 3 years in subsection (2); and
(c) the period specified in the regulations (exceeding 12 months) were
substituted for the reference to 12 months in subsection (2).
(3) Where:
(a) the Tribunal has commenced to hold an inquiry into the renewal of a
licence; and
(b) the period for which the licence is in force would, but for this
subsection, expire before the Tribunal has renewed, or refused to renew, the
licence;
the licence continues in force by virtue of this subsection until the Tribunal
renews, or refuses to renew, the licence.
BROADCASTING ACT 1942 - SECT 88
Suspension and revocation of commercial licence
SECT
88.(1) The Tribunal may suspend or revoke a commercial licence if it is
authorised to do so by subsection (2), (4), (5) or (6).
(2) The Tribunal may suspend or revoke a commercial licence if it appears to
the Tribunal that it is advisable in the public interest to do so, having
regard only to the following matters or circumstances:
(a) the Tribunal is satisfied that the licensee has failed to comply with
the undertaking given under subsection 83 (1) or 86 (4), as the case may be,
in relation to the licence;
(b) the Tribunal is satisfied that the licensee:
(i) is no longer a fit and proper person to hold the licence; or
(ii) no longer has the financial, technical and management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence; or
(c) the Tribunal is satisfied that a condition of the licence has not been
complied with.
(3) Where an implementation plan is applicable to a licensee in respect of a
commercial television licence, the Tribunal shall, in determining for the
purposes of subsection (2) whether the licensee has failed to comply with an
undertaking given under subsection 83 (1) or 86 (4) in relation to the
licence, have regard to the terms of the implementation plan.
(4) The Tribunal may suspend or revoke a commercial licence if the Tribunal
is satisfied that the licensee has unreasonably or repeatedly delayed paying
an amount payable by the licensee under a Fees Act.
(5) Where an MCS permit has been granted in respect of a commercial
television licence, the Tribunal may suspend or revoke the licence if the
Tribunal is satisfied that:
(a) the licensee has failed to comply with:
(i) a condition of the permit; or
(ii) an undertaking given under subsection 94V (5) or 94X (3) in
relation to the permit; and
(b) it is advisable in the public interest, having regard to that failure,
that the licence be suspended or revoked.
(6) Where an implementation plan is applicable to a licensee in respect of a
commercial television licence, the Tribunal may suspend or revoke the licence
if the Tribunal is satisfied that:
(a) the licensee has failed to a significant extent to comply with the
implementation plan; and
(b) it is advisable in the public interest, having regard to that failure,
that the licence be suspended or revoked.
(7) Before the Tribunal suspends or revokes a licence under subsection (6):
(a) the Chairman of the Tribunal shall give the Minister written notice
that
the Tribunal is satisfied as to the matters referred to in paragraphs (6) (a)
and (b) in relation to the licence; and
(b) the Tribunal shall have regard to any representations made by the
Minister.
(8) Without limiting subsection (7), the Minister may include, in
representations made pursuant to that subsection in relation to a licence,
details of any proposed variations of the implementation plan applicable to
the licensee in respect of the licence.
BROADCASTING ACT 1942 - SECT 88A
Suspension and revocation of supplementary radio licence
SECT
88A.(1) The Tribunal may suspend or revoke a supplementary radio licence if
it is authorised to do so by subsection (2) or (3).
(2) The Tribunal may suspend or revoke a supplementary radio licence if it
appears to the Tribunal that it is advisable in the public interest to do so,
having regard only to the following matters or circumstances:
(a) the Tribunal is satisfied that the licensee has failed to comply with
the undertaking given under subsection 83 (1) or 86 (4), as the case may be,
in relation to the licence;
(b) the Tribunal is satisfied that the licensee:
(i) is no longer a fit and proper person to hold the licence; or
(ii) no longer has the financial, technical and management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence;
(c) the Tribunal is satisfied that a condition of the licence has not been
complied with.
(3) The Tribunal may suspend or revoke a supplementary radio licence if the
Tribunal is satisfied that the licensee has unreasonably or repeatedly delayed
paying an amount payable by the licensee under a Fees Act.
BROADCASTING ACT 1942 - SECT 88B
Suspension and revocation of public licence
SECT
88B. The Tribunal may suspend or revoke a public licence if it appears to
the Tribunal that it is advisable in the public interest to do so, having
regard only to the following matters or circumstances:
(a) the Tribunal is satisfied that the licensee has failed to comply with
an
undertaking given under subsection 83 (1) or 86 (4), as the case may be, in
relation to the licence;
(b) the Tribunal is satisfied that the licensee:
(i) is no longer a fit and proper person to hold the licence; or
(ii) no longer has the financial, technical and management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence;
(c) the Tribunal is satisfied that a condition of the licence has not been
complied with;
(d) the undesirability of a person being in a position to exercise
control,
within the meaning of Division 6 of Part IIIBA, of more than one public radio
licence or more than one public television licence;
(e) the undesirability of:
(i) the Commonwealth, a State or the Northern Territory or a
statutory
authority of the Commonwealth, a State or a Territory; or
(ii) a political party;
being in a position to exercise control, within the meaning of Division 6 of
Part IIIBA, of a public licence;
(f) the undesirability of a public licence being held by a corporation
whose
operations pursuant to the licence are conducted, either wholly or
substantially, for the purpose of the acquisition by another person of profit
or gain;
(g) the desirability of members of the community to be served pursuant to
a
public licence being in a position to exercise control of the licence;
(h) the need to encourage members of the community to be served pursuant
to
a public licence to participate in:
(i) the operations of the licensee in providing the service pursuant
to the licence; and
(ii) the selection and provision of programs to be broadcast
pursuant
to the licence.
BROADCASTING ACT 1942 - SECT 88C
Suspension and revocation of remote licence
SECT
88C.(1) The Tribunal may suspend or revoke a remote licence if it is
authorised to do so by subsection (2) or (3).
(2) The Tribunal may suspend or revoke a remote licence if it appears to the
Tribunal that it is advisable in the public interest to do so, having regard
to the following matters or circumstances:
(a) the Tribunal is satisfied that the licensee has failed to comply with
the undertaking given under subsection 83 (1) or 86 (4), as the case may be,
in relation to the licence;
(b) the Tribunal is satisfied that the licensee:
(i) is no longer a fit and proper person to hold the licence; or
(ii) no longer has the financial, technical and management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence;
(c) the Tribunal is satisfied that a condition of the licence has not been
complied with;
(d) any other matters or circumstances that the Tribunal considers
relevant.
(3) The Tribunal may suspend or revoke a remote licence if the Tribunal is
satisfied that the licensee has unreasonably or repeatedly delayed paying an
amount payable by the licensee under a Fees Act.
BROADCASTING ACT 1942 - SECT 88D
Suspension and revocation of limited licence
SECT
88D.(1) The Tribunal may suspend or revoke a limited licence f the Tribunal
is satisfied that:
(a) the licensee is no longer a fit and proper person to hold the licence;
(b) the licensee is no longer capable of complying with the conditions of
the licence;
(c) any relevant matters specified by regulations made for the purposes of
subsection 81C (1) have not been satisfied; or
(d) it is otherwise in the public interest to suspend or revoke the
licence.
(2) In exercising its powers under subsection (1) the Tribunal may have
regard to:
(a) any breach of the conditions of the licence by the licensee;
(b) any outline provided by the licensee in accordance with subsection
82AC
(1) or 86G (1);
(c) the content and format of the programs broadcast by the licensee
pursuant to the licence;
(d) any delay by the licensee in paying amounts payable by the licensee
under a Fees Act; and
(e) any other matters or circumstances that the Tribunal considers
relevant.
BROADCASTING ACT 1942 - SECT 88E
Suspension and revocation-general
SECT
88E.(1) A suspension or revocation of a licence shall be by notice in
writing to the licensee.
(2) The suspension of a licence shall be for the period (not exceeding 7
days) specified in the notice.
(3) A person is not entitled to compensation from the Commonwealth or the
Tribunal by reason of the suspension or revocation of a licence.
(4) While a licence is suspended, the licence has no force or effect, but
the period of currency of the licence continues to run.
BROADCASTING ACT 1942 - SECT 89
Surrender of licences
SECT
89.(1) A licensee may, by notice in writing to the Tribunal, request the
Tribunal to accept the surrender of a licence.
(2) Where a request is made in accordance with subsection (1), the Tribunal
shall, by notice in writing to the licensee, accept the surrender of the
licence, and the licence ceases to have effect from the date specified for the
purpose in the notice of the Tribunal.
(3) Where the holder of a commercial radio licence is also the holder of a
related supplementary radio licence, a request under subsection (1) in
relation to the commercial radio licence is of no effect unless, at the same
time, the licensee also makes a request under that subsection in relation to
the related supplementary radio licence.
BROADCASTING ACT 1942 - SECT 89A
Transfer of commercial licences
SECT
89A.(1) Subject to subsections (2), (3) and (4), the holder of a commercial
licence may:
(a) transfer the licence to another person; or
(b) admit another person to participate in any of the benefits of the
licence or to exercise any of the powers or authorities granted by the
licence; but only with the written consent of the Tribunal.
(2) A commercial licence shall not be transferred to a person if the person
would, by virtue of subsection 81AA (1), be ineligible for the grant of the
licence.
(3) A person shall not be admitted to participate in any of the benefits of
a commercial licence, or to exercise any of the powers or authorities granted
by a commercial licence, if the person would be ineligible for the grant of
the licence under subsection 81AA (1).
(4) A commercial licence shall not be transferred to a person, and a person
shall not be admitted to participate in any of the benefits of a commercial
licence or to exercise any of the powers or authorities granted by a
commercial licence, before the end of the period of 2 years commencing on the
day of commencement of the licence.
(5) Subsection (4) does not apply to:
(a) the grant of a commercial radio licence or of a commercial television
licence under section 99 or 99A of the Broadcasting and Television Amendment
Act 1985; or
(b) the grant of a commercial television licence pursuant to section 94ZC
or
94ZG of this Act.
(6) A person to whom the holder of a commercial licence proposes to transfer
the licence shall give a written undertaking to the Tribunal in the same terms
as an undertaking required to be given under subsection 83 (1).
(7) The Tribunal shall not refuse to give consent to the transfer of a
commercial licence unless it is required to do so by subsection (8) or (10).
(8) The Tribunal shall refuse to give consent to the transfer of a
commercial licence to a person if:
(a) the person has failed to give an undertaking under subsection (6);
(b) the Tribunal is satisfied that the giving of the consent would be
contrary to a provision of this Act;
(c) it appears to the Tribunal, having regard only to the following
matters
or circumstances, that it is advisable in the public interest to refuse
consent:
(i) the Tribunal is not satisfied that the person:
(A) is a fit and proper person to hold the licence;
(B) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence; and
(C) is otherwise capable of complying with the conditions of the
licence;
(ii) if the licence's service area:
(A) is not a metropolitan service area; and
(B) overlaps the service area of at least one other commercial
licence whose service area is also not a metropolitan service area;
the need to avoid undue concentration of influence, whether, direct or
indirect, on the person and on the corporation or corporations holding the
other licence or licences; or
(d) the circumstances are such that, if the Tribunal gave consent:
(i) the Tribunal would have reasonable grounds for believing that a
person would be contravening section 90C, 92 or 92JB in circumstances that
would constitute an offence against that section;
(ii) a person would be contravening section 90F, 92C or 92JD; or
(iii) a condition specified in section 90G or 92D would be
contravened.
(9) For the purposes of paragraph (8) (d), the Tribunal may disregard a
contravention of section 90C, 92 or 92JB by a person if satisfied that:
(a) as soon as practicable after the transfer of the licence, the person
will take all reasonable steps with a view to causing the contravention to
cease; or
(b) in the case of a contravention by a person other than the
transferee-the
contravention will not result in the person being, within the meaning of Part
IIIBA, in a position to control the transferee.
(10) The Tribunal shall refuse to give consent to the transfer to a person
of a commercial radio licence that is related to a supplementary radio licence
unless the supplementary radio licence is transferred to the person at the
same time.
BROADCASTING ACT 1942 - SECT 89B
Transfer of supplementary radio licences
SECT
89B.(1) The holder of a supplementary radio licence may:
(a) transfer the licence to another person; or
(b) admit another person to participate in any of the benefits of the
licence or to exercise any of the powers or authorities granted by the
licence; but only with the written consent of the Tribunal.
(2) A person to whom the holder of a supplementary radio licence proposes to
transfer the licence shall give a written undertaking to the Tribunal in the
same terms as an undertaking required to be given under subsection 83 (1).
(3) The Tribunal shall not refuse to give consent to the transfer of a
supplementary radio licence unless it is required to do so by subsection (4)
or (5).
(4) The Tribunal shall refuse to give consent to the transfer of a
supplementary radio licence to a person if:
(a) the person has failed to give an undertaking under subsection (2);
(b) the Tribunal is satisfied that the giving of the consent would be
contrary to a provision of this Act; or
(c) it appears to the Tribunal, having regard only to the following
matters
or circumstances, that it is advisable in the public interest to refuse
consent:
(i) it is not satisfied that the person is a fit and proper person
to
hold the licence;
(ii) it is not satisfied that the person has the financial,
technical
and management capabilities necessary to provide an adequate and comprehensive
service pursuant to the licence;
(iii) it is not satisfied that the person is otherwise capable of
complying with the conditions of the licence.
(5) The Tribunal shall refuse to give consent to:
(a) the transfer of a supplementary radio licence by the licensee to
another
person; or
(b) the admission by the licensee of a supplementary radio licence or, if
the licence is held by 2 or more persons as co-owners, by any of those
persons, of another person to participate in any of the benefits of the
licence or to exercise any of the powers or authorities granted by the
licence;
unless that other person is the holder of a commercial radio licence and the
whole or a substantial part of the service area of that commercial radio
licence is coextensive with the whole or a substantial part of the service
area of the supplementary radio licence.
(6) In relation to a supplementary radio licence held by 2 or more persons
as co-owners, the references in this section to the transfer by the licensee
of the licence shall be read as references to the transfer by any of those
persons of the whole of the person's interest in the licence.
BROADCASTING ACT 1942 - SECT 89C
Transfer of public licences
SECT
89C.(1) Subject to subsection (3), the holder of a public licence may admit
another person to participate in any of the benefits of the licence or to
exercise any of the powers or authorities granted by the licence, but only
with the written consent of the Tribunal.
(2) A public licence may not be transferred.
(3) A person shall not be admitted to participate in any of the benefits of
a public licence, or to exercise any of the powers or authorities granted by a
public licence, if the person would be ineligible for the grant of the licence
under subsection 81AA (2) or (3).
BROADCASTING ACT 1942 - SECT 89CA
Transfer of remote licences
SECT
89CA.(1) The holder of a remote licence may:
(a) transfer the licence to another person; or
(b) admit another person to participate in any of the benefits of the
licence or to exercise any of the powers or authorities granted by the
licence; but only with the written consent of the Tribunal.
(2) A person to whom the holder of a remote licence proposes to transfer the
licence shall give a written undertaking to the Tribunal in the same terms as
an undertaking required to be given under subsection 83 (1).
(3) The Tribunal shall not refuse to give consent to the transfer of a
remote licence unless it is required to do so by subsection (4).
(4) The Tribunal shall refuse to give consent to the transfer of a remote
licence to a person if:
(a) the person has failed to give an undertaking under subsection (2);
(b) the Tribunal is satisfied that the giving of the consent would be
contrary to a provision of this Act; or
(c) it appears to the Tribunal, having regard to the following matters or
circumstances, that it is advisable in the public interest to refuse consent:
(i) it is not satisfied that the person:
(A) is a fit and proper person to hold the licence;
(B) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence; and
(C) is otherwise capable of complying with the conditions of the
licence;
(ii) subject to the desirability of ensuring that, in all parts of
Australia, there are available:
(A) at least one service provided pursuant to a commercial radio
licence or remote radio licence; and
(B) at least one service provided pursuant to a commercial
television licence or remote television licence;
the need to avoid an undue concentration of the ownership or control, direct
or indirect, of the media in the service area of the licence;
(iii) the likelihood that, if the Tribunal gave consent, a person
would, in relation to the licence or the holder of the licence, contravene an
order of the Tribunal made for the purposes of section 92V;
(iv) any relevant government policy statements;
(v) any matters prescribed by regulations for the purposes of this
paragraph;
(vi) any other matters or circumstances that the Tribunal considers
relevant.
(5) In relation to a remote licence held by 2 or more persons as co-owners,
the references in this section to the transfer by the licensee of the licence
shall be read as references to the transfer by any of those persons of the
whole of the person's interest in the licence.
BROADCASTING ACT 1942 - SECT 89CB
Transfer of limited licence
SECT
89CB.(1) The holder of a limited licence may:
(a) transfer the licence to another person; or
(b) admit another person to participate in any of the benefits of the
licence or to exercise any of the powers or authorities granted by the
licence; but only with the written consent of the Tribunal.
(2) Where the Tribunal is asked to consent to the transfer of a limited
licence to a person, the Tribunal may ask the person to give the Tribunal a
written statement that sets out an outline of the content and format of the
programs that the person intends to broadcast if the licence is transferred to
the person.
(3) A request under subsection (2) shall be in writing.
(4) The Tribunal shall not give its consent under subsection (1) to the
transfer of a limited licence to a person if it is satisfied that:
(a) the person is not a fit and proper person to hold the licence;
(b) the person is not capable of complying with the conditions of the
licence;
(c) any relevant matters specified by regulations made for the purposes of
subsection 81C (1) have not been satisfied; or
(d) it is otherwise not in the public interest to give the consent.
(5) In deciding whether to consent to the transfer of a limited licence to a
person, the Tribunal may have regard to:
(a) any outline provided by the person in accordance with subsection (2);
(b) any failure by the person to provide an outline in accordance with
subsection (2);
(c) the likelihood that if the Tribunal gave consent, a person would, in
relation to the licence or the holder of the licence, contravene an order of
the Tribunal made for the purposes of section 92VA; and
(d) any other matters or circumstances that the Tribunal considers
relevant.
(6) A limited licence shall not be transferred to a person if the person
would, by virtue of subsection 81AA (5), be ineligible for the grant of the
licence.
BROADCASTING ACT 1942 - SECT 89CC
Effect of transfer etc. of licence
SECT
89CC.(1) Where, with the written consent of the Tribunal, a licensee
transfers the licence to another person, that person shall be deemed to become
the licensee to the exclusion of the former licensee.
(2) Where, with the written consent of the Tribunal, a licensee admits
another person to participate in any of the benefits of the licence or to
exercise any of the powers or authorities granted by the licence, this Act
applies as if every reference in this Act (except in subsection (3)) to a
licensee or to the holder of a licence included a reference to that person.
(3) The performance by the licensee or the other person referred to in
subsection (2) of an obligation imposed upon the licensee by the licence or by
this Act shall, to the extent of that performance, be deemed to release both
the licensee and that person from the obligation.
BROADCASTING ACT 1942 - SECT 89D
Licence warrants
SECT
89D.
(3) Where the Tribunal has determined that a licence should be granted to a
person, the Minister shall grant the person a licence warrant in respect of
the licence that:
(a) in the case of a licence other than a remote licence, public licence,
or
limited licence-authorizes the operation, in accordance with the warrant and
by a person or persons specified in the warrant, of a particular
radiocommunications transmitter or transmitters (other than a transmitter in
an AUSSAT satellite) for the purpose of the transmission to the general public
of radio programs or television programs, as the case requires;
(b) in the case of a remote licence-authorizes the operation, in
accordance
with the warrant and by a person or persons specified in the warrant, of a
particular radiocommunications transmitter or transmitters, being a
transmitter that is in, or transmitters that include a transmitter that is in,
an AUSSAT satellite, for the purpose of the transmission to the general public
of radio programs or television programs, as the case requires;
(ba) in the case of a public licence-authorises the operation, in
accordance
with the warrant and by a person or persons specified in the warrant, of a
particular radiocommunications transmitter or transmitters (which may be, or
may include, a transmitter that is on an AUSSAT satellite) for the purpose of
the transmission to the general public of radio programs or television
programs, as the case requires; and
(bb) in the case of a limited licence-authorises the operation, in
accordance with the warrant and by a person or persons specified in the
warrant, of a particular radiocommunications transmitter or transmitters
(which may be, or may include, a transmitter that is on an AUSSAT satellite)
for the purpose for which the licence is granted;
(d) specifies the technical conditions that are to be complied with.
(3A) Technical conditions specified under subsection (3) may include
conditions that are to be applicable only in specified circumstances.
(3B) If, at the time when the licence warrant is granted, the licence itself
has not been granted, the licence warrant has effect from the time when the
licence is granted.
(4) The authorizations under licence warrants in respect of 2 or more
licences may relate to the same radiocommunications transmitter.
(5) A licence warrant:
(a) subject to paragraph (b), continues in force while the licence
(including any renewal) remains in force;
(b) does not have effect while the licence is suspended; and
(c) upon the transfer of the licence, passes to the new licensee.
(6) Subject to subsections (7) and (8), the Minister may, during the
currency of a licence warrant, by notice in writing to the licensee, vary or
revoke any of the technical conditions of the licence warrant or determine
further technical conditions to be applicable to the licence warrant.
(7) The Minister, in a licence warrant, shall not, without the consent of
the licensee, authorize the operation of a radiocommunications transmitter by
a person other than the licensee.
(8) Before the Minister varies or revokes a technical condition of a licence
warrant, or determines that a further technical condition is to be applicable
to a licence warrant, the Minister, or an officer authorized by the Minister
in writing for the purposes of this subsection, shall give the licensee notice
in writing specifying the proposed variation or revocation or the proposed new
technical condition, as the case may be, and informing the licensee that the
licensee may make representations to the Minister not later than a specified
date (being a date not earlier than 14 days after the date of the notice), and
the Minister shall have regard to any representations so made.
BROADCASTING ACT 1942 - DIVISION 1A
Division 1A-Conversion of AM commercial radio licences to
FM as part of the National Metropolitan Radio Plan
BROADCASTING ACT 1942 - SECT 89DAA
National Metropolitan Radio Plan objectives
SECT
89DAA. The objectives of this Division are:
(a) to convert to FM 2 AM commercial radio licences in each large city or
town;
(b) to allow the determination of which licences are to be converted to be
made on the basis of competitive bids; and
(c) to allow a successful bid to be satisfied in part by the transfer to
the
Commonwealth of transmission facilities to be used for:
(i) radio services for the print handicapped; or
(ii) Parliamentary broadcasts.
BROADCASTING ACT 1942 - SECT 89DAB
The Minister may publish a notice inviting applications for conversion to FM
SECT
89DAB.(1) The Minister may publish a notice in the Gazette that invites
licensees who hold AM commercial radio licences in a particular large city or
town to lodge applications with the Tender Board for conversion of their
licences to FM.
(2) The notice shall:
(a) specify whether one FM frequency or 2 FM frequencies are to be
allocated
pursuant to the notice;
(b) set out an outline of the new technical conditions proposed for that
frequency or each of those frequencies;
(c) specify the period within which applications must be lodged;
(d) specify the address at which applications must be lodged;
(e) inform the licensees of the requirements imposed by section 89DAE as
to
the form and content of an application and the material to accompany an
application;
(f) specify the amount of the deposit that must be paid to the
Commonwealth
in relation to an application;
(g) specify any things that will need to be done by a licensee before an
application is lodged;
(h) specify the minimum technical requirements that will need to be met
before transmission equipment is accepted as technically adequate;
(j) specify the principles according to which the Secretary is to decide
whether an interest in a transmission site is acceptable;
(k) specify the principles according to which the value of transmission
facilities is to be assessed;
(m) inform the licensees that the Minister will determine an amount as an
undisclosed reserve and that a licence will be converted to FM only if the
licensee's bid is at least equal to that amount; and
(n) inform the licensees of the things that will need to be done by a
licensee who is offered FM conversion before the licensee's licence is
converted to FM.
(3) The period specified under paragraph (2) (c) shall end not less than 90
days after the day on which the notice is published in the Gazette.
(4) In specifying principles under paragraph (2) (k), the Minister shall
ensure that the value of transmission sites is to be assessed having regard
not only to the current use of the sites but also to other uses.
(5) Without limiting subsection (2) in any way, the matters that may be
specified under paragraph (2) (g) include the following:
(a) a condition that the licensee must, before the end of a period
specified
in the notice, notify the Secretary of the transmission facilities that the
licensee proposes to transfer to the Commonwealth in part satisfaction of the
licensee's bid, if successful;
(b) a condition that the licensee must allow officers of the Department
reasonable opportunity to inspect the transmission equipment to assess its
technical adequacy and to assess its value;
(c) a condition that the licensee must allow officers of the Australian
Valuation Office reasonable opportunity to inspect the transmission site or
sites to assess the value of the site or sites.
BROADCASTING ACT 1942 - SECT 89DAC
Application of the principles etc. specified in a section 89DAB notice
SECT
89DAC.(1) Officers of the Department and the Secretary shall, in assessing
the technical adequacy of transmission equipment, apply the requirements
specified under paragraph 89DAB (2) (h).
(2) The Secretary shall, in deciding whether an interest in a transmission
site is acceptable, apply the principles specified under paragraph 89DAB (2)
(j).
(3) Officers of the Department, officers of the Australian Valuation Office,
arbitrators and the Secretary shall, in assessing the value of transmission
facilities, apply the principles specified under paragraph 89DAB (2) (k).
BROADCASTING ACT 1942 - SECT 89DAD
Extension of the period for lodging applications
SECT
89DAD.(1) The Minister may, by notice published in the Gazette, extend or
further extend the period specified under paragraph 89DAB (2) (c).
(2) An extension of the period specified under paragraph 89DAB (2) (c) must
be made at least 14 days before the end of that period.
(3) A further extension of the period specified under paragraph 89DAB (2)
(c) must be made at least 14 days before the end of that period as previously
extended.
(4) There may be more than one further extension under subsection (1) of the
period specified under paragraph 89DAB (2) (c).
(5) Where the period specified under paragraph 89DAB (2) (c) is extended or
further extended, a reference in this Division (other than in this section) to
the period specified under that paragraph is to be read as a reference to that
period as extended or further extended.
BROADCASTING ACT 1942 - SECT 89DAE
Applications for conversion to FM
SECT
89DAE.(1) Where the Minister publishes a section 89DAB notice in relation to
a city or town, a licensee who holds an AM commercial radio licence in that
city or town may lodge with the Tender Board an application for conversion of
the licensee's licence to FM.
(2) An application must:
(a) be made in the form approved by the Minister;
(b) be lodged at the address specified under paragraph 89DAB (2) (d)
within
the period specified under paragraph 89DAB (2) (c);
(c) be accompanied by a sealed envelope that contains a written statement
of
the amount of the licensee's bid for conversion of the licensee's licence to
FM;
(d) be accompanied by either:
(i) a written statement by the Secretary approving the technical
adequacy of the transmission equipment that the licensee proposes to transfer
to the Commonwealth in part satisfaction of the licensee's bid, if successful;
or
(ii) a written statement by the Secretary approving the technical
adequacy of that equipment subject to the licensee making the improvements
specified in the statement;
(e) be accompanied by a written statement by the Secretary that the
interest
in each transmission site that the licensee proposes to make available to the
Commonwealth is acceptable; and
(f) be accompanied by either:
(i) a written statement by the Secretary agreeing to a specified
amount as:
(A) the value of the transmission facilities that the licensee
proposes to transfer to the Commonwealth in part satisfaction of the
licensee's bid, if successful; or
(B) if the application is accompanied by a statement of the kind
referred to in subparagraph (d) (ii)-the value of those facilities with the
improvements specified in that statement; or
(ii) a written statement by an arbitrator determining an amount as:
(A) the value of those facilities; or
(B) if the application is accompanied by a statement of the kind
referred to in subparagraph (d) (ii)-the value of those facilities with the
improvements specified in that statement.
(3) The applicant must have done the things specified under paragraph 89DAB
(2) (g) before the application is lodged.
(4) The envelope containing the licensee's bid must have written on it:
(a) the licensee's name;
(b) the name of the city or town concerned;
(c) the word 'bid'; and
(d) an identification of the date of publication of the section 89DAB
notice
in response to which the application is lodged;
but must not have written on it anything that indicates the amount of the
licensee's bid.
(5) A licensee's bid must be expressed as a single amount in whole dollars
or in whole dollars and cents.
(6) The amount of a licensee's bid must exceed the transmission facilities
value in relation to the licensee's application.
(7) The transmission facilities value in relation to a licensee's
application is to be included in the amount of the licensee's bid.
(8) The licensee must have paid the Commonwealth a deposit of the amount
specified under paragraph 89DAB (2) (f) before the end of the period specified
under paragraph 89DAB (2) (c).
(9) In deciding whether to issue a statement of the kind referred to in
paragraph (2) (f), the Secretary shall act with the advice of the Australian
Valuation Office on the value of a transmission site.
BROADCASTING ACT 1942 - SECT 89DAF
Establishment of the Tender Board
SECT
89DAF.(1) The Secretary shall, by determination in writing, establish a
Tender Board to process applications lodged in response to section 89DAB
notices.
(2) The Secretary may, in writing, appoint a person who is an officer of the
Department as a member of the Tender Board.
(3) The Secretary shall, in writing, designate one of the members as
Chairperson of the Tender Board.
BROADCASTING ACT 1942 - SECT 89DAG
Determination of the reserve
SECT
89DAG. Where the Minister publishes a section 89DAB notice, the Minister
shall, before the end of the period specified under paragraph 89DAB (2) (c),
determine the amount of the reserve that is to apply to conversions of
licences to FM pursuant to the notice and notify the Chairperson of the Tender
Board of the determination.
BROADCASTING ACT 1942 - SECT 89DAH
Processing applications for conversion to FM
SECT
89DAH.(1) Where:
(a) a section 89DAB notice is published; and
(b) the period for lodging applications in response to the notice ends;
the Tender Board shall initially assess the applications lodged in response to
the notice without opening the envelopes that appear to contain the licensees'
bids.
(2) The Tender Board shall then reject any application that the Tender Board
is satisfied, upon that assessment, is not in accordance with section 89DAE.
(3) The Tender Board shall then open the envelopes that appear to contain
the remaining licensee's bids and reject:
(a) any application that is not accompanied by a bid that is in accordance
with section 89DAE; and
(b) any application by a licensee whose bid is below the reserve
determined
by the Minister.
(4) The Tender Board shall then prepare a list that sets out the names of
the remaining licensees and the amounts of their bids in descending order
according to the amounts of their bids.
(5) Where the bids of 2 or more licensees are the same, the order in which
the licensee's names are to be set out on the list shall be determined by lot
in accordance with the regulations.
(6) The Chairperson of the Tender Board shall give the Minister the list
prepared under subsection (4).
(7) Where the Tender Board rejects a licensee's application under this
section, the Chairperson of the Board shall give the licensee written notice
of the rejection and of the grounds on which the application is rejected.
BROADCASTING ACT 1942 - SECT 89DAI
Report to the Minister on the processing of applications
SECT
89DAI.(1) The Chairperson of the Tender Board shall report to the Minister
on the processing of applications under section 89DAH and, in particular,
shall:
(a) if no applications that meet the requirements of section 89DAE are
lodged in response to the section 89DAB notice-inform the Minsiter
accordingly; and
(b) if the bid of a licensee referred to in subsection 89DAH (3) is below
the reserve determined by the Minister under section 89DAG-inform the Minister
of:
(i) the name of the licensee; and
(ii) the amount of the licensee's bid.
(2) If:
(a) the Minister publishes a section 89DAB notice for the allocation of an
FM frequency or FM frequencies in a city or town; and
(b) no applications that meet the requirements of section 89DAE are lodged
in response to the notice;
the Minister may publish a fresh section 89DAB notice for the allocation of an
FM frequency or FM frequencies in that city or town.
(3) Where:
(a) the Minister publishes a section 89DAB notice for the allocation of 2
FM
frequencies in a city or town; and
(b) only one licensee is included on the tender list;
the Minister may publish a fresh section 89DAB notice for the allocation of an
FM frequency in that city or town.
BROADCASTING ACT 1942 - SECT 89DAJ
The Minister to publish a notice about the licensees on the tender list
SECT
89DAJ.(1) Where the Minister receives a tender list under subsection 89DAH
(4), the Minister shall publish a notice in the Gazette that sets out the
names of the licensees on the list according to their order on that list.
(2) If only one FM frequency is to be allocated pursuant to the section
89DAB notice, the notice under subsection (1) shall also specify the amount of
the bid of the licensee who is alone on the tender list or highest on the
tender list.
(3) If 2 FM frequencies are to be allocated pursuant to the section 89DAB
notice, the notice under subsection (1) shall also specify the amount of the
bid of the licensee who is alone on the tender list or the amounts of the bids
of the licensees who are highest and second highest on the tender list.
BROADCASTING ACT 1942 - SECT 89DAK
Meaning of offer of FM conversion to a licensee
SECT
89DAK.(1) Where:
(a) the Minister publishes a section 89DAB notice; and
(b) a licensee lodges an application in response to the notice;
the Minister shall be taken, for the purposes of this Division, to offer FM
conversion to the licensee if the Minister gives the licensee written notice
that the licensee's licence will be converted to FM if the licensee meets the
necessary preconditions for conversion within the period specified in the
notice that contains the offer.
(2) The period specified in the notice must be a reasonable one, having
regard to the preconditions to be met by the licensee.
BROADCASTING ACT 1942 - SECT 89DAL
Initial offers
SECT
89DAL.(1) Where the Minister receives a tender list under subsection 89DAH
(6), the Minister shall, subject to section 89DAN, make an offer or offers of
FM conversion in accordance with this section and section 89DAM.
(2) If there is only one licensee on the tender list, the Minister shall
offer FM conversion to that licensee.
(3) If:
(a) there are 2 or more licensees on the tender list; and
(b) only one FM frequency is to be allocated pursuant to the section 89DAB
notice;
the Minister shall offer FM conversion to the licensee who is highest on the
tender list.
(4) If:
(a) there are 2 or more licensees on the tender list; and
(b) 2 FM frequencies are to be allocated pursuant to the section 89DAB
notice;
the Minister shall offer FM conversion to the licensees who are highest and
second highest on the tender list.
BROADCASTING ACT 1942 - SECT 89DAM
What happens if a successful licensee defaults?
SECT
89DAM.(1) A licensee who has been offered FM conversion pursuant to a
section 89DAB notice defaults if:
(a) the licensee gives the Minister written notice that the licensee does
not wish to proceed with conversion of the licensee's licence to FM; or
(b) the licensee does not meet the necessary preconditions for conversion
within the period specified in the notice that contains the offer.
(2) Where a licensee defaults, the following provisions have effect:
(a) if the licensee is, at the time of default, the only licensee on the
tender list-the Minister may publish a fresh section 89DAB notice for the
allocation of an FM frequency in the city or town concerned;
(b) if:
(i) there are, at the time of default, 2 or more licensees on the
tender list; and
(ii) only one FM frequency is to be allocated pursuant to the
section
89DAB notice;
the Minister shall delete the defaulting licensee from the tender list and
offer FM conversion to the licensee who is then alone on the tender list or
highest on the tender list;
(c) if:
(i) there are, at the time of default, 2 licensees on the tender
list;
and
(ii) 2 FM frequencies are to be allocated pursuant to the section
89DAB notice;
the Minister shall delete the defaulting licensee from the tender list and may
publish a fresh section 89DAB notice for the allocation of an FM frequency in
the city or town concerned;
(d) if:
(i) there are, at the time of default, 3 or more licensees on the
tender list; and
(ii) 2 FM frequencies are to be allocated pursuant to the section
89DAB notice;
the Minister shall delete the defaulting licensee from the tender list and
offer FM conversion to the licensee who is then second highest on the tender
list.
(3) Where a licensee is offered FM conversion under this section, the
Minister shall publish a notice in the Gazette stating that FM conversion has
been offered to the licensee and specifying the amount of the licensee's bid.
BROADCASTING ACT 1942 - SECT 89DAN
The Minister may publish a fresh section 89DAB notice if satisfied of
collusion
between licensees
SECT
89DAN.(1) Where the Minister is satisfied that any of the licensees' bids
have been affected by collusion among licensees, the Minister may determine
that the applications not be dealt with under sections 89DAL and 89DAM and
that a fresh section 89DAB notice for the city or town concerned be published
instead.
(2) Where the Minister makes a determination under subsection (1), the
applications shall not be dealt with under sections 89DAL and 89DAM and the
Minister may publish a fresh section 89DAB notice for the allocation of an FM
frequency or FM frequencies in the city or town concerned.
BROADCASTING ACT 1942 - SECT 89DAO
How are deposits dealt with?
SECT
89DAO.(1) Where a licensee's application is rejected under subsection 89DAH
(2) or (3), any deposit paid by the licensee in relation to the application
shall be repaid to the licensee within 14 days after the day on which the
application is rejected.
(2) Where:
(a) the Minister publishes a section 89DAB notice;
(b) a licensee's name is included in the tender list;
(c) the licensee's licence is not converted to FM pursuant to the section
89DAB notice; and
(d) another licence or licences are converted to FM pursuant to the
section
89DAB notice;
the deposit paid by the licensee in relation to the application shall, subject
to subsection (5), be repaid to the licensee within 14 days after the
conversion or, where there are 2 conversions at different times, the last of
the conversions.
(3) Where a deposit is repaid under subsection (2), the licensee shall also
be paid interest on the deposit from (and including) the day on which the
relevant notice under subsection 89DAJ (1) is published to (and including) the
day on which the deposit is repaid.
(4) Interest payable under subsection (3) shall be paid at the rate
determined in accordance with the regulations.
(5) If a licensee defaults, the licensee forfeits any deposit paid by the
licensee in relation to the application.
BROADCASTING ACT 1942 - SECT 89DAP
Conversion to FM
SECT
89DAP.(1) Where:
(a) a licensee is offered FM conversion pursuant to a section 89DAB
notice;
and
(b) the licensee meets the necessary preconditions for conversion before
the
end of the period specified in the notice that contains the offer;
the Minister shall convert the licensee's licence to FM accordingly.
(2) Where 2 FM frequencies are to be allocated pursuant to the section 89DAB
notice, the Minister shall, in converting a licence or licences to FM pursuant
to the notice, have regard to the desirability, subject to planning
considerations, of the licensee who is alone on the tender list, or highest on
the tender list, having the licensee's licence converted to whichever of those
frequencies the licensee prefers.
BROADCASTING ACT 1942 - DIVISION 2
Division 2-Retransmission permits and temporary
transmission permits
BROADCASTING ACT 1942 - SECT 89DA
Retransmission permits
SECT
89DA.(1) A person may apply to the Minister for the grant of a permit under
this section.
(2) The reference in subsection (1) to the grant of a permit includes a
reference to the grant of a permit by way of renewal.
(3) The application must be made in the form approved by the Minister.
(4) A permit under this section shall only be granted to a corporation that
is formed within the limits of the Commonwealth or a Territory.
(5) Where a person (who may be a licensee) applies for a permit under this
section, the Minister may grant the person:
(a) a permit authorising the person to rebroadcast programs broadcast or
transmitted by the Corporation, the Service or a licensee;
(b) a permit authorising the person to use telegraph lines to transmit
programs broadcast or transmitted by the Corporation, the Service or a
licensee; or
(c) a permit authorising persons to whom the permit holder transmits
programs broadcast or transmitted by the Corporation, the Service or a
licensee by telegraph line to use telegraph lines to transmit the programs to
other persons.
(6) Where a licensee applies for a permit under this section, the Minister
may grant the licensee a permit authorising persons to whom the licensee's
programs are broadcast to use telegraph lines to transmit the programs to
other persons.
(7) A permit under this section:
(a) shall be in writing;
(b) shall specify the period for which the permit is to be in force;
(c) if the permit is granted under paragraph (5) (a)-shall specify:
(i) the programs to be rebroadcast under the permit; and
(ii) the area to be served pursuant to the permit;
(d) if the permit is granted under paragraph (5) (b) or (c) or subsection
(6)-shall specify:
(i) the programs to be transmitted under the permit; and
(ii) the persons to whom the programs may be transmitted under the
permit; and
(e) shall specify the conditions on which the permit is granted.
(8) Conditions specified under subsection (7) may include conditions that
are to be applicable only in specified circumstances.
(9) In deciding whether to grant a permit under this section, the Minister
shall have regard to:
(a) the desirability of ensuring that, as far as practicable, a
technically
adequate signal is available throughout the service area of a licence;
(b) the implications (if any) for the integrity of the service area of any
licence if the permit were granted; and
(c) any other matters or circumstances that the Minister considers
relevant.
(10) Where the Minister refuses to grant a person a permit under this
section, the Minister shall give the person a written statement setting out
the reasons for not granting the permit.
(11) Transmissions are not authorised by a permit under this section unless
they are made in accordance with the conditions specified in the permit.
(12) Examples of the operation of this section and section 6B are set out in
the Schedule.
BROADCASTING ACT 1942 - SECT 89DB
Duration of retransmission permit
SECT
89DB.(1) The period specified under paragraph 89DA (7) (b) shall not
exceed:
(a) if the permit is granted otherwise than by way of renewal-5 years; or
(b) if the permit is granted by way of renewal-3 years.
(2) A retransmission permit granted continues in force, subject to
subsections 89DE (1) and (5), for the period specified in the permit.
BROADCASTING ACT 1942 - SECT 89DC
Technical conditions for retransmission permit
SECT
89DC. If a retransmission permit is granted under paragraph 89DA (5) (a),
the conditions specified under paragraph 89DA (7) (e) shall include technical
conditions.
BROADCASTING ACT 1942 - SECT 89DD
Variation of retransmission permit
SECT
89DD.(1) The Minister may vary a retransmission permit.
(2) A variation shall be made by written notice to the holder of the
retransmission permit.
BROADCASTING ACT 1942 - SECT 89DE
Suspension and cancellation of retransmission permit
SECT
89DE.(1) The Minister may suspend a retransmission permit.
(2) A suspension shall be made by written notice to the holder of the
retransmission permit.
(3) The suspension of a retransmission permit shall be for the period (not
exceeding 7 days) specified in the notice.
(4) While a retransmission permit is suspended, the permit has no force or
effect, but the period of currency of the permit continues to run.
(5) The Minister may cancel a retransmission permit.
(6) A cancellation under subsection (5) shall be made by written notice to
the holder of the retransmission permit.
(7) A notice under subsection (2) or (6) shall include a statement setting
out the reasons for suspending or cancelling the permit.
(8) A person is not entitled to compensation from the Commonwealth by reason
of the suspension or cancellation of a retransmission permit.
BROADCASTING ACT 1942 - SECT 89DF
Temporary transmission permit
SECT
89DF.(1) A person may apply to the Minister for a permit under this
section.
(2) The application must be made in the form approved by the Minister.
(3) Where the Minister considers it appropriate to do so, the Minister may
refer an application made under subsection (1) to the Tribunal and ask the
Tribunal to make recommendations to the Minister in relation to the
application.
(4) Where the Minister makes a request under subsection (3), the Minister
shall specify the matters on which the Tribunal is to make recommendations.
(5) The Tribunal shall make recommendations to the Minister on the matters
specified by the Minister.
(6) The Minister shall have regard to any recommendations made by the
Tribunal pursuant to the request.
(7) Where a person applies for a permit under this section, the Minister may
grant the person a permit authorising the person to conduct temporary
transmissions.
(8) A permit under this section:
(a) shall be in writing;
(b) shall specify the period for which the permit is to be in force; and
(c) shall specify the conditions on which the permit is granted.
(9) Transmissions are not authorised by a permit under this section unless
they are made in accordance with:
(a) the conditions specified in the permit; and
(b) any other conditions that are determined by the Minister.
(10) Anything done pursuant to a permit under this section shall be taken
not to be a contravention of the Radiocommunications Act 1983 or the
regulations under that Act.
BROADCASTING ACT 1942 - SECT 89DG
Duration of temporary transmission permit
SECT
89DG. The period specified under paragraph 89DF (8) (b) shall not exceed 14
days.
BROADCASTING ACT 1942 - SECT 89DH
Advertising not allowed pursuant to temporary transmission permit
SECT
89DH.(1) Subject to subsection (2), the holder of a temporary transmission
permit shall not broadcast advertisements.
(2) Subsection (1) does not apply to a temporary transmission permit granted
in relation to a proposed variation of a licence warrant or an MCS permit
warrant.
BROADCASTING ACT 1942 - SECT 89DI
Cancellation of temporary transmission permit
SECT
89DI. The Minister may cancel a temporary transmission permit by notice
given to the holder of the permit, or to such other person as the Minister
considers appropriate, by any means that the Minister considers appropriate.
BROADCASTING ACT 1942 - PART IIIBA
PART IIIBA-OWNERSHIP AND CONTROL
BROADCASTING ACT 1942 - DIVISION 1
Division 1-Preliminary
BROADCASTING ACT 1942 - SECT 89E
Interpretation
SECT
89E.(1) In this Part, unless the contrary intention appears:
'Associated Newspaper Register' means the register maintained under section
89S;
'control' includes control as a result of, or by means of, trusts,
agreements, arrangements, understandings and practices, whether or not having
legal or equitable force and whether or not based on legal or equitable rights
and:
(a) when used in relation to a commercial licence-has the meaning given by
section 89H;
(b) when used in relation to a newspaper-has the meaning given by section
89J; and
(c) when used in relation to a company-has the meaning given by section
89K;
'debentures', in relation to a company, includes:
(a) mortgages, and instruments charging, or giving rise to a charge on,
assets of the company, to secure the payment of money by the company; and
(b) debenture stock, bonds, notes and any other securities of the company,
whether constituting a charge on the assets of the company or not;
'financial interest' means a shareholding interest or a loan interest;
'interest' means:
(a) when used in relation to a commercial radio licence or a newspaper-a
shareholding interest or a voting interest; and
(b) when used in relation to a commercial television licence-a
shareholding
interest, a voting interest or a loan interest;
'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;
'loan interest' has the meaning given by section 89G;
'maximum number of commercial radio licences in a State that a person may
hold' has the meaning given by section 89U;
'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;
'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;
'newspaper associated with the service area of a commercial licence' has the
meaning given by subsection (8);
'pair of licences' means a pair of licences consisting of:
(a) a commercial radio licence and a commercial television licence; or
(b) 2 commercial radio licences;
'prescribed interest' has the meaning given by section 89F;
'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;
'shareholding interest' has the meaning given by section 89G;
'substantial market in common' has the meaning given by section 89T;
'voting interest' has the meaning given by section 89G.
(2) For the purposes of this Part, where a person is appointed as a proxy of
a member of a company to cast a vote instead of the member at a meeting of the
company, the proxy shall not be taken, merely because of the appointment, to
be in a position to exercise control of the vote.
(3) For the purposes of this Part, a person who is beneficially entitled to,
or is one of the persons beneficially entitled to, any shares shall be deemed
(but not to the exclusion of any other person) to be in a position to exercise
control of the voting rights in respect of those shares.
(4) Express references in this Part to companies shall not be taken to
indicate that references to persons do not include references to companies.
(5) For the purposes of this Part, a licence granted by way of renewal of a
licence shall be deemed to be a continuation of the first-mentioned licence.
(6) A reference in this Part to shares in a company, or in a particular
company, shall be read as a reference to shares in, or stock forming part of,
the capital of the company, or of the particular company.
(7) A reference in this Part to an amount paid on shares in a company shall
be read as including a reference to an amount treated by the company as having
been so paid.
(8) For the purposes of this Part, a newspaper shall be taken to be
associated with the service area of a commercial 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.
(9) 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 Part.
(10) Where, having regard to the ownership, editorial control 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 the definition of
'newspaper' in subsection (1).
(11) For the purposes of this Part, a person is in a position to exercise
control of more than a specified percentage of the general meeting votes in a
company if the person is in a position to exercise control of more than that
percentage of the maximum number of votes that could be cast on a poll at, or
arising out of, a general meeting of the company and this is so 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.
BROADCASTING ACT 1942 - SECT 89F
Prescribed interests
SECT
89F.(1) For the purposes of this Part, a person has a prescribed interest in
a commercial radio licence if the person is:
(a) the holder of the licence;
(b) in a position to exercise control, either directly or indirectly, of
the
licence;
(c) in a position to exercise control of more than 15% of the general
meeting votes in the company holding the licence; or
(d) the holder of shareholding interests in the company holding the
licence
exceeding in amount 15% of the total of the amounts paid on all shares in that
company.
(2) For the purposes of this Part, a person has a prescribed interest in a
commercial television licence if the person is:
(a) the holder of the licence;
(b) in a position to exercise control, either directly or indirectly, of
the
licence;
(c) in a position to exercise control of more than 5% of the general
meeting
votes in the company holding the licence;
(d) the holder of financial interests in the company holding the licence
exceeding in amount 5% of the total of the amounts of all the financial
interests in that company that would exist if sections 89N and 89P had not
been enacted; or
(e) the holder of shareholding interests in the company holding the
licence
exceeding in amount 5% of the total of the amounts paid on all shares in that
company.
(3) For the purposes of this Part, 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
general
meeting votes in the company publishing the newspaper; 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.
BROADCASTING ACT 1942 - SECT 89G
Shareholding interests, voting interests and loan interests
SECT
89G.(1) For the purposes of this Part:
(a) a person has a shareholding interest in a company if the person is
beneficially entitled to, or is beneficially entitled to an interest in, any
shares in the company (whether or not the whole or any part of the legal
ownership of the shares is vested in the person); and
(b) the amount of a shareholding interest is an amount equal to the value
of
the shares, or of the person's interest in the shares, as the case requires,
on the basis that the value of the shares is equal to the amount paid on the
shares.
(2) For the purposes of this Part:
(a) a person has a voting interest in a company if the person is in a
position to exercise control of votes that could be cast on a poll at, or
arising out of, a general meeting of the company as regards all questions that
could be submitted to such a poll or as regards one or more only of such
questions;
(b) the voting interest shall be taken to be of a particular kind
according
to the question or questions to which it relates; and
(c) the amount of the voting interest is the number of those votes.
(3) For the purposes of this Part but subject to subsection (4):
(a) a person has a loan interest in a company holding a commercial
television licence if the person is, or would be, beneficially entitled to, or
to a part of, money of any of the following descriptions payable or becoming
payable by the company (whether the money is presently payable or not, whether
the liability of the company is unconditional or not and whether or not there
is security for the payment of the money):
(i) money, other than interest, payable under, or secured by,
debentures of the company;
(ii) other money payable by the company, being money payable by way
of
repayment of money lent to, or deposited with, the company by any person; or
(iii) money payable under a negotiable instrument to the extent that
the instrument is in respect of, or the liability to pay that money is in
substitution for, a liability to pay money to which subparagraph (i) or (ii)
relates; and
(b) the amount of the loan interest is the amount of that money or of that
part of that money, as the case requires.
(4) The money to which subsection (3) relates does not include:
(a) money payable to a bank in respect of an overdraft; or
(b) money payable to a person as consideration in respect of the supply by
that person of equipment for use in providing the service pursuant to a
commercial television licence.
BROADCASTING ACT 1942 - SECT 89H
Control of commercial licence
SECT
89H.(1) For the purposes of this Part, a person shall be deemed to be in a
position to exercise control of a commercial 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 or
television 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 programs.
(3) In this section:
(a) a reference to the operations of a licensee in providing a service
pursuant to a commercial television licence includes a reference to the
operations of the licensee in providing a service pursuant to an MCS permit
held by the licensee in respect of the licence; and
(b) a reference to television programs to be broadcast pursuant to a
commercial television licence includes a reference to programs to be broadcast
pursuant to an MCS permit held by the licensee in respect of the licence.
BROADCASTING ACT 1942 - SECT 89J
Control of newspaper
SECT
89J. For the purposes of this Part, 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.
BROADCASTING ACT 1942 - SECT 89K
Control of company
SECT
89K.(1) For the purposes of this Part (other than subsections 90G (2), (5)
and (6) and 92D (2), (5) and (6)), a person who:
(a) is in a position to exercise control of more than 15% of the general
meeting votes in a company;
(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 ACT 1942 - SECT 89L
Companies limited by guarantee
SECT
89L.(1) In relation to a company limited by guarantee, this Part has effect
as if every such company had a share capital and as if every member of such a
company, and every person having a beneficial interest in any right or
interest of a member of such a company in or in relation to a company, had a
shareholding interest in the company of an amount bearing to the total of the
amounts paid on all shares in the company the proportion ascertained in
accordance with whichever of subsections (2) to (5) (inclusive) is applicable
or, if more than one of those subsections is applicable, the greatest of the
proportions ascertained in accordance with the subsections that are so
applicable.
(2) This subsection applies in relation to a member of any company limited
by guarantee, and the proportion to be ascertained under this subsection in
relation to a member is a proportion equal to the proportion of the property
of the company distributable among members of the company to which the member
would be entitled in the event of a voluntary winding-up of the company.
(3) This subsection applies in relation to a member of a company limited by
guarantee where, under the memorandum and articles of association of the
company, any profits of the company are to be, or may be, paid or credited to
a member or members otherwise than as dividends on shares, and the proportion
to be ascertained under this subsection in relation to a member is the
proportion that the share, or maximum share, of any such profits of the
company to which the member is entitled, or could, having regard to the
memorandum and articles of association of the company, become entitled, to
have paid or credited to him or her as a member bears to the total of those
profits.
(4) This subsection applies in relation to a member of a company limited by
guarantee that does not have a fixed capital divided into shares but the
undertaking of which is, or purports to be, divided into shares or interests,
and the proportion to be ascertained under this subsection in relation to a
member is the proportion of the undertaking of the company that is represented
by the shares or interests of the member.
(5) This subsection applies in relation to a person who has a beneficial
interest in any right or interest of a member in or in relation to a company
limited by guarantee, and the proportion to be ascertained in accordance with
this subsection is the proportion that would be applicable under subsection
(1) in relation to the person if the person was entitled as a member of the
company, in lieu of the member concerned, to that right or interest, or so
much of that proportion as corresponds with the extent of the person's
beneficial interest, as the case may require.
(6) Nothing in this section limits any operation that this Part has, apart
from this section, in relation to a company limited by guarantee.
(7) In this section:
'company limited by guarantee' includes a company limited by both shares and
guarantee.
BROADCASTING ACT 1942 - SECT 89M
Shares held by trustees of superannuation funds
SECT
89M. For the purposes of this Part, a company shall be deemed (but not to
the exclusion of any other person) to be beneficially entitled to, or to an
interest in, shares in another company where the shares are, or the interest
is, owned by the trustees of, or otherwise held directly or indirectly for the
benefit of, a fund maintained wholly or partly for the purpose of providing
pensions, retiring allowances or other personal benefits to or in respect of
all or any employees or directors of the first-mentioned company.
BROADCASTING ACT 1942 - SECT 89N
Tracing of shareholding interests through a series of companies
SECT
89N.(1) For the purposes of this Part (other than section 89K and
subsections 90G (2), (5) and (6) and 92D (2), (5) and (6)), where a person has
shareholding interests in a company that has shareholding interests in another
company, that person shall be deemed to have shareholding interests in that
other company (in addition to any other shareholding interests) of an amount
that bears to the amount of the shareholding interests of the first-mentioned
company in that other company the same proportion as the amount of the
shareholding interests of that person in the first-mentioned company bears to
the total of the amounts paid on all shares in the first-mentioned company.
(2) In ascertaining for the purposes of the application of subsection (1)
the extent and amount of the shareholding interests of a company in another
company, there shall be taken into account any shareholding interest which
that first-mentioned company is to be deemed to have in that other company by
any other application or applications of this section.
BROADCASTING ACT 1942 - SECT 89P
Indirect loan interests in licensee companies
SECT
89P. For the purposes of this Part, a person who is in a position to
exercise control of a company that has a loan interest in a company holding a
commercial television licence shall be deemed (but not to the exclusion of any
other person) to have that loan interest.
BROADCASTING ACT 1942 - SECT 89Q
Registered lenders
SECT
89Q.(1) The Tribunal shall keep a register for the purposes of this
section.
(2) The Tribunal may, in its discretion, but subject to subsection (3), upon
application by a person in accordance with the regulations, register the
person for the purposes of this section.
(3) The Tribunal shall not register a person for the purposes of this
section unless it is satisfied that the person is not, and is not likely to
be, whether alone or in association with any other person or persons, in a
position to exercise, either directly or indirectly, a significant influence
on any company holding a commercial television licence.
(4) The Tribunal shall register a person by entering in the register:
(a) particulars of:
(i) the name and address of the person;
(ii) where the person is a body corporate-the names of the directors
and secretary of the body corporate; and
(iii) if the person has a loan interest in a company holding a
commercial television licence-the name of the company and the amount of the
loan interest;
(b) the date of the entry; and
(c) such other matters as the Tribunal thinks fit.
(5) A registration under subsection (2) remains in force until the
registration is cancelled by the Tribunal under this section.
(6) Where:
(a) a registered lender who is not the holder of a loan interest in a
company holding a commercial television licence becomes the holder of such an
interest;
(b) there is an increase or decrease in the proportion that the amount of
the loan interests held by a registered lender in a company holding a
commercial television licence bears to the total of the amounts of all the
loan interests in that company that would exist if section 89P had not been
enacted;
(c) the amount of the loan interests held by a registered lender in a
company holding a commercial television licence increases or decreases;
(d) a registered lender ceases to have a loan interest in a company
holding
a commercial television licence; or
(e) a change occurs in the particulars referred to in subparagraph (4) (a)
(i) or (ii) entered in the register;
the registered lender shall, not later than 21 days after the occurrence of
the event concerned, or within 5 business days after the lender becomes aware
of the occurrence of the event concerned, whichever is the later, lodge with
the Tribunal a notice in writing setting out particulars of that event.
(7) A person who fails to comply with subsection (6) 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.
(8) The Tribunal shall enter in the register the information set out in a
notice lodged under subsection (6) and may at any time correct any error in,
or omission from, the register.
(9) So long as a person is a registered lender, in ascertaining for the
purposes of this Part (other than this section) the interest held by the
person in a company holding a commercial television licence, there shall be
disregarded any loan interest of the person in the company, including any loan
interest that, but for this subsection, the person would be deemed to have in
the company by the application of section 89P.
(10) The Tribunal may at any time, in its discretion, upon application by
the registered lender or of its own motion, by notice in writing served on the
person concerned, cancel the registration of a registered lender.
(11) The Tribunal shall maintain the register in the prescribed manner at
such place or places as the Tribunal determines.
(12) A person may inspect and make copies of, or take extracts from, the
register.
(13) In this section:
'business day', in relation to the lodgment of a notice by a person, means a
day that is not:
(a) a Saturday or a Sunday; or
(b) a public holiday in the place where the principal office of the
Tribunal
is situated;
'registered lender' means a person who is registered under this section.
BROADCASTING ACT 1942 - SECT 89R
Approved investments
SECT
89R.(1) A person may apply to the Tribunal, in accordance with the
regulations, for a certificate under this section authorising the person to
hold interests in a company holding a commercial television licence.
(2) On receipt of an application under this section relating to interests in
a company, the Tribunal may, in its discretion, but subject to subsections (3)
and (4), issue a written certificate to the applicant authorising the person
to hold any or all of the following, as specified in the certificate, namely:
(a) shareholding interests in the company amounting to a specified amount;
(b) voting interests in the company amounting to a specified amount;
(c) loan interests in the company amounting to a specified amount.
(3) A certificate under this section shall not authorise a person to hold
interests in a company holding a commercial television licence unless:
(a) the licence is one of 2 or more commercial television licences having
service areas that are coextensive or substantially coextensive; and
(b) the Tribunal is satisfied that the person is not, and is not likely to
be, whether alone or in association with any other person or persons, in a
position to exercise, either directly or indirectly, a significant influence
on that company.
(4) A certificate under this section shall not authorise a person to hold
interests in a company such that, if the person were the holder of those
interests, or of those interests together with any interests for the time
being authorised by another certificate or other certificates issued under
this section to the person, the person would be:
(a) in a position to exercise control of more than 10% of the general
meeting votes in the company;
(b) the holder of financial interests in the company exceeding in amount
10%
of the total of the amounts of all the financial interests in the company that
would exist if sections 89N and 89P had not been enacted; or
(c) the holder of shareholding interests in the company exceeding in
amount
10% of the total of the amounts paid on all shares of the company.
(5) A certificate under this section may be made subject to the condition
that it ceases to have effect on a specified date, being not less than 12
months after the date on which the certificate is issued.
(6) If, at any time after a certificate has been issued authorising a person
to hold interests in a company, the Tribunal becomes aware of circumstances by
reason of which it would be prohibited by subsection (3) from issuing a
certificate authorising the person to hold those interests, the Tribunal
shall, by notice in writing, revoke the certificate if it would be prohibited
by subsection (3) from issuing a certificate authorising the person to hold
the interests to which the first-mentioned certificate relates.
(7) The revocation of a certificate under subsection (6) takes effect at the
expiration of the period of 6 months after the date of service of the notice
of revocation or such further period as the Tribunal, on application, allows
by notice in writing served on the holder of the certificate within that
period of 6 months.
(8) So long as a person:
(a) holds interests in the company holding a commercial television licence
as authorised by a certificate in effect under this section; and
(b) does not hold any interest in the company otherwise than as so
authorised;
then, for the purposes of this Part, the person shall not be taken, by reason
only of the application of paragraph 89F (2) (c), (d) or (e), to have a
prescribed interest in the licence.
(9) The Tribunal shall make available for public inspection copies of all
certificates issued under this section.
BROADCASTING ACT 1942 - SECT 89S
Newspapers associated with commercial licence service areas
SECT
89S.(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 commercial 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) Where:
(a) the Tribunal makes an entry under subsection (2) in relation to a
newspaper and a commercial licence;
(b) on or after:
(i) if the licence is a commercial television licence-28 November
1986; or
(ii) if the licence is a commercial radio licence-29 October 1987;
and before the making of the entry, a change in the service area of the
licence (other than a change consisting of an extension under section 94S or
94ZH) took place;
(c) the Tribunal is satisfied that, at all times during the period since
the
change in the service area, the entry could (assuming that this section had
been in force) have been made; and
(d) the Tribunal would not make the entry, and the Tribunal is satisfied
that the entry would not have been made at any time during the period since
the change in the service area, if the change in the service area were
disregarded; the Tribunal shall, after the entry, make another entry stating
that the commercial licence and the newspaper are affected by an eligible
service area change.
(4) Where:
(a) the Tribunal has made an entry under subsection (3); and
(b) at any time while the entry under subsection (2) is, or, but for
subsection (8), would be, in force, the Tribunal is satisfied that the entry
under subsection (2) could be made if the change in the service area were
disregarded;
the Tribunal shall cancel the entry under subsection (3).
(5) Where:
(a) the Tribunal makes an entry under subsection (2) in relation to a
newspaper and a commercial television licence that was granted pursuant to
section 94ZC or 94ZG; and
(b) the Tribunal is satisfied that, at all times since the grant of the
commercial television licence, the entry could (assuming that this section had
been in force) have been made;
the Tribunal shall, after the entry, make another entry stating that the
commercial television licence and the newspaper are affected by
consolidation.
(6) Where:
(a) in relation to a particular licence and newspaper, the Tribunal first
makes an entry under subsection (2); and
(b) the Tribunal is satisfied that, if this section had been in force
during
the period commencing on:
(i) if the licence is a commercial television licence-28 November
1986; or
(ii) if the licence is a commercial radio licence-29 October 1987;
and ending immediately before the day on which the entry is made, the entry
could have been made during the whole of that period or a part of that period
ending at the end of that period;
the Tribunal shall, after the entry and any entry under subsection (3) or (5),
make another entry stating that the whole or the part of the period is a
notional association period in relation to the licence and the newspaper.
(7) Subject to subsection (8), an entry in the Associated Newspaper Register
has effect from the day on which the entry is made.
(8) Where:
(a) a person holds interests or directorships immediately before the day
on
which an entry under subsection (2) is made in the Associated Newspaper
Register; and
(b) the holding of those interests or directorships by the person would,
but
for this subsection, result in a contravention by the person on that day of
section 92JB by virtue of subsection 92JB (2) or (3) or a contravention of
section 92JD by virtue of subsection 92JD (2) or (3);
the entry has effect in respect of the continued holding of those interests or
directorships by the person only from the end of the period of 6 months
commencing on the day on which the entry is made.
(9) A person:
(a) on payment of a prescribed fee (if any), may 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.
(10) 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.
(11) 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.
(12) A reference in subsection (8) to a person holding an interest includes
a reference to a person being in a position to exercise control of a
commercial licence or being in a position to exercise control of a newspaper.
BROADCASTING ACT 1942 - SECT 89T
Licences having a substantial market in common
SECT
89T.(1) For the purposes of this Part, a pair of licences has a substantial
market in common if there is in force a declaration by the Minister under
subsection (2) to that effect.
(2) The Minister may, by notice published in the Gazette, declare that a
pair of licences specified in the notice has a substantial market in common.
(3) The Minister shall not declare under subsection (2) that a pair of
licences has a substantial market in common unless:
(a) the service areas of the licences overlap; and
(b) the Minister is satisfied that more than 30% of the population of the
service area of one of the licences is also within the service area of the
other licence.
(4) In exercising powers under subsection (2), the Minister shall:
(a) have regard to the most recently available official census count
results;
(b) as soon as practicable after the commencement of this section,
determine
whether, in each case where the service areas of a pair of licences overlap,
more than 30% of the population of the service area of one of the licences is
also within the service area of the other licence; and
(c) as soon as practicable after making a determination, publish an
appropriate notice under subsection (2) to give effect to the determination.
(5) Where:
(a) the Minister makes a declaration under subsection (2) in relation to a
commercial radio licence and a commercial television licence;
(b) before the making of the declaration, an extension of the service area
of the commercial television licence took place under section 94S or 94ZH;
(c) the Minister is satisfied that, at all times during the period since
the
extension of the service area, the declaration could (assuming that this
section had been in force) have been made; and
(d) the Minister would not make the declaration, and the Minister is
satisfied that the declaration would not have been made at any time during the
period since the extension of the service area, if the extension of the
service area were disregarded;
the Minister shall, in the notice referred to in subsection (2), also declare
that the pair of licences specified in the notice is affected by aggregation.
(6) Where:
(a) the Minister has made a declaration under subsection (2) in relation
to
a commercial radio licence and a commercial television licence;
(b) after the making of the declaration, an extension of the service area
of
the commercial television licence takes place under section 94S or 94ZH; and
(c) the Minister is satisfied that, because of the extension, more of the
population of the service area of one of the licences is also within the
service area of the other licence;
the Minister shall, by notice published in the Gazette, declare that the pair
of licences is affected by aggregation.
(7) Where:
(a) the Minister makes a declaration under subsection (2) in relation to a
commercial radio licence and a commercial television licence that was granted
pursuant to section 94ZC or 94ZG; and
(b) the Minister is satisfied that, at all times since the grant of the
commercial television licence, the declaration could (assuming that this
section had been in force) have been made;
the Minister shall, in the notice referred to in subsection (2), also declare
that the pair of licences specified in the notice is affected by
consolidation.
(8) Where:
(a) in relation to a particular pair of licences, the Minister first
declares under subsection (2) that the pair of licences has a substantial
market in common; and
(b) the Minister is satisfied that, if this section had been in force
during
the period commencing on 29 October 1987 and ending immediately before the day
on which the declaration is made, the declaration could have been made during
the whole of that period or a part of that period ending at the end of that
period;
the Minister shall, in the notice referred to in subsection (2), also declare
that the whole or the part of the period is a notional pairing period in
relation to the licences.
(8A) Where:
(a) a licence (in this subsection called the 'new system licence') is, or
has at any time been, granted under section 99 or 99A of the Broadcasting and
Television Amendment Act 1985 in substitution for another licence or other
licences (in this subsection called the 'old system licence or licences');
and
(b) the Minister makes a declaration under subsection (2) in relation to
the
new system licence;
subsection (8) applies to the new system licence as if:
(c) the new system licence had been granted immediately before 29 October
1987; and
(d) the service area of the new system licence, at any time when the old
system licence or any of the old system licences was in force, had been the
same as the service area, at that time, of the old system commercial
broadcasting station licence, or old system commercial television station
licence, for which the new system licence was substituted.
(9) Subject to subsection (10), a declaration under this section has effect
from the day on which the declaration is published in the Gazette.
(10) Where:
(a) a person holds interests or directorships immediately before the day
on
which a declaration under subsection (2) is published in the Gazette; and
(b) the holding of those interests or directorships by the person would,
but
for this subsection, result in a contravention by the person on that day of
section 90C by virtue of subsection 90C (2), a contravention of section 90F by
virtue of subsection 90F (1AA), a contravention of section 92JB by virtue of
subsection 92JB (1) or a contravention of section 92JD by virtue of subsection
92JD (1);
the declaration has effect in respect of the continued holding of those
interests or directorships by the person only from the end of the period of 6
months commencing on the day on which the declaration is published in the
Gazette.
(11) Where:
(a) but for this subsection, subsection (10) would apply in relation to a
person in relation to directorships;
(b) the person held the directorships immediately before the commencement
of
subsection 7 (2) of the Broadcasting (Ownership and Control) Act 1988; and
(c) the holding of those directorships by the person at that time resulted
in a contravention of section 90F by virtue of subsection 90F (1AA) (as in
force at that time);
subsection (10) does not apply in relation to the person in relation to those
directorships.
(12) A reference in subsection (10) to a person holding an interest includes
a reference to a person being in a position to exercise control of a licence.
(13) In this section:
'pair of licences' has the meaning that that expression would have if, in
the definition of that expression in subsection 89E (1):
(a) the reference to a commercial radio licence included a reference to a
proposed commercial radio licence; and
(b) the reference to a commercial television licence included a reference
to
a proposed commercial television licence;
in respect of which a notice under section 82 has been published.
BROADCASTING ACT 1942 - SECT 89U
Maximum number of commercial radio licences in a State that a person may hold
SECT
89U.(1) For the purposes of this Part, the maximum number of commercial
radio licences in a State that a person may hold is the number specified in
respect of the State under paragraph (2) (b).
(2) The Minister may, by notice published in the Gazette:
(a) determine a number for a State as the number of commercial radio
licences in the State; and
(b) specify a number as the maximum number of commercial radio licences in
the State that a person may hold.
(3) The number specified under paragraph (2) (b) for a State shall be the
largest whole number that is not more than one half of the number determined
under paragraph (2) (a) for the State.
(4) For the purposes of determining the number of commercial radio licences
in a State under paragraph (2) (a), 2 or more commercial radio licences in the
State having the same service area shall be counted as one licence only.
(5) The Minister shall publish a notice under subsection (2) in relation to
each State as soon as practicable after the commencement of this section.
(6) Subject to subsection (7), a notice under subsection (2) has effect from
the day on which the notice is published in the Gazette.
(7) Where:
(a) a person holds interests or directorships immediately before the day
on
which a notice under subsection (2) is published in the Gazette; and
(b) the holding of those interests or directorships by the person would,
but
for this subsection, result in a contravention by the person on that day of
section 90C by virtue of subsection 90C (2A) or a contravention of section 90F
by virtue of subsection 90F (1AB);
the declaration has effect in respect of the continued holding of those
interests or directorships by the person only from the end of the period of 6
months commencing on the day on which the notice is published in the Gazette.
(8) For the purposes of this section, 2 commercial radio licences shall be
taken to have the same service area if and only if:
(a) the licences have the same service area; or
(b) the service area of one of the licences is wholly within the service
area of the other licence and the Minister is satisfied that the service areas
of the licences are substantially co-extensive.
(9) A reference in subsection (7) to a person holding an interest includes a
reference to a person being in a position to exercise control of a commercial
radio licence.
(10) For the purposes of this section, the Australian Capital Territory
shall be deemed to form part of the State of New South Wales.
BROADCASTING ACT 1942 - SECT 89V
Minister to keep notices current
SECT
89V. The Minister shall ensure that after:
(a) the publication of a notice under section 82 in relation to a proposed
commercial licence;
(b) the grant of a commercial licence;
(c) the revocation of a commercial licence;
(d) a change to the service area of a commercial licence; or
(e) the publication by the Australian Statistician of new census count
results;
such steps (if any) as are necessary are taken, as soon as practicable, to
make, vary or revoke notices under subsections 89T (2), 89U (2) or 90 (1B).
BROADCASTING ACT 1942 - SECT 89W
Tribunal to act impartially etc.
SECT
89W. In the performance of its functions under this Part, the Tribunal shall
act fairly and impartially and shall observe the rules of natural justice.
BROADCASTING ACT 1942 - SECT 89X
Tribunal may seek information
SECT
89X.(1) Where the Tribunal has reason to believe that a person is capable of
supplying information, or producing documents, considered by the Tribunal to
be necessary to enable it to exercise any of its powers, or perform any of its
functions or duties, under this Part, the Tribunal may, by notice in writing
served on the person, require the person to supply any such information, or
produce any such documents within a specified period (not being less than 21
days after the day of service of the notice) or within such further period as
the Tribunal, on application, allows by notice in writing served on the person
within that specified period.
(2) A person who fails to comply with a requirement in a notice served on
the person under subsection (1) 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 failure continues.
(3) A person shall be taken not to comply with a requirement made under
subsection (1) if, in purported compliance with the requirement, the person
supplies information, or (except as provided in the requirement) produces a
document, where the person knows that, or is recklessly indifferent to whether
or not, the information or document:
(a) is false or misleading in a material particular; or
(b) is misleading in a material respect because of the omission of any
matter or thing.
(4) In this section:
'document' has the meaning given by subsection 125 (6).
BROADCASTING ACT 1942 - DIVISION 2
Division 2-Limitation on Ownership and Control of
Commercial Radio Licences
BROADCASTING ACT 1942 - SUBDIVISION A
Subdivision A-Preliminary
BROADCASTING ACT 1942 - SECT 90
Interpretation
SECT
90.(1) In this Division, unless the contrary intention appears:
'licence' means a commercial radio licence;
'metropolitan commercial radio licence' means a commercial radio licence
having a metropolitan service area;
'non-metropolitan commercial licence' means a commercial radio licence, or a
commercial television licence, having a service area other than a metropolitan
service area;
'non-metropolitan commercial radio licence' means a commercial radio licence
other than a metropolitan commercial radio licence;
'transaction' includes:
(a) the allotment to a person of shares, the payment of calls on shares or
the repayment of capital in respect of shares; and
(b) the disposition, by assignment, declaration of trust or by any other
means, of, or of any part of, the beneficial ownership of shares.
(1A) For the purposes of this Division:
(a) a licence whose service area is wholly within a particular State shall
be taken to be in that State; and
(b) if parts of the service area of a licence are located in different
States-the licence shall be taken to be in the State in which the part with
the largest population, as determined in accordance with subsection (1B), is
located.
(1B) Where parts of the service area of a licence are located in different
States, the Minister shall, by notice published in the Gazette, determine a
number as the population of the part of the service area located in each of
those States.
(1C) In exercising powers under subsection (1B), the Minister shall have
regard to the most recently available official census count results.
(1D) Subject to subsection (1E), a notice under subsection (1B) has effect
from the day on which the notice is published in the Gazette.
(1E) Where:
(a) a person holds interests or directorships immediately before the day
on
which a notice under subsection (1B) is published in the Gazette; and
(b) the holding of those interests or directorships by the person would,
but
for this subsection, result in a contravention by the person on that day of
section 90C by virtue of subsection 90C (2A) or a contravention of section 90F
by virtue of subsection 90F (1AB);
the notice has effect in respect of the continued holding of those interests
or directorships by the person only from the end of the period of 6 months
commencing on the day on which the notice is published in the Gazette.
(1F) A reference in subsection (1E) to a person holding an interest includes
a reference to a person being in a position to exercise control of a licence.
BROADCASTING ACT 1942 - SUBDIVISION B
Subdivision B-Limitations on ownership and control of commercial
radio licences
BROADCASTING ACT 1942 - SECT 90C
Limitation of interests in commercial radio licences
SECT
90C.(1) A person contravenes this section if and so long as the person has a
prescribed interest in each of 17 or more commercial radio licences.
(2) A person contravenes this section if and so long as the person has a
prescribed interest in each of a pair of commercial radio licences that has a
substantial market in common.
(2A) A person contravenes this section if and so long as the person has a
prescribed interest in each of a number of commercial radio licences in a
State exceeding the maximum number of commercial radio licences in the State
that a person may hold.
(5A) A person who contravenes this section otherwise than as a result of a
transaction in relation to which section 90J applies to 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.
(5B) Where a person contravenes this section as a result of a transaction
that takes place after the commencement of this subsection, being a
transaction to which the person is a party and in relation to which section
90J 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 or offences against subsection
90J
(7E) in relation to the transaction-after the day on which the transaction
takes place and before the day in respect of which he ceases to be guilty of
any further offence against that subsection;
(b) if the person is guilty of an offence or offences against subsection
90J
(7F) or 90JA (10) in relation to the transaction-after the day in respect of
which the offence, or the first such offence, is committed; or
(c) in any other case (including a case where the person is guilty of an
offence or offences against subsection 90J (7E) in relation to the transaction
but has subsequently ceased to be guilty of any further offence against that
subsection)-after the expiration of 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 within that
period of six months.
(5C) Where:
(a) a transaction in relation to which section 90J applies takes place
after
the commencement of this subsection;
(b) a person (in this subsection referred to as the
'prescribed person'), not being a party to the transaction, is a person to
whom section 90J applies in relation to the transaction by reason of another
person being a party to the transaction;
(c) section 90J applies to that other person in relation to the
transactions;
(ca) a notice is served on that other person under subsection 90JA (1) or
(2) approving the transaction in whole or in part in so far as it affects that
other person; and
(d) the prescribed person contravenes this section by reason that he is
the
holder of interests attributable to so much of the transaction as is so
approved;
then, unless subsection (5D) applies to the prescribed person in relation to
the transaction, the prescribed 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 he contravenes this section by reason that
he is the holder of those interests, or any other interests attributable to so
much of the transaction as is so approved, after the expiration of the period
of 6 months after the day on which the apprroval or, where there are 2 or more
such approvals, the later or latest approval, is given or such further period
as the Tribunal, on application, allows by notice in writing served on the
prescribed person within that period of 6 months.
(5D) Where:
(a) a transaction in relation to which section 90J applies takes pace
after
the commencement of this subsection;
(b) a person (in this subsection referred to as the
'prescribed person'), not being a party to the transaction, is a person to
whom section 90J applies in relation to the transaction by reason of another
person being a party to the transaction;
(c) section 90J applies to that other person in relation to the
transaction;
(d) the prescribed person lodges an application in relation to the
transaction under subsection 90J (7A);
(e) in relation to the transaction, a notice is served on the prescribed
person under subsection 90JA (1) or (2) at a time when a notice has not been
served under either of those subsections on that other person; and
(f) the prescribed person contravenes this section as a result of the
transaction;
the prescribed 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 after the expiration of the
period of 6 months after the date of service of the notice or such further
period as the Tribunal, on application, allows by notice in writing served on
the person within that period of 6 months.
(5E) Where:
(a) a transaction in relation to which section 90J applies takes place
after
the commencement of this subsection;
(b) a person (in this subsection referred to as the
'prescribed person'), not being a party to the transaction, is a person to
whom section 90J applies in relation to the transaction by reason of another
person being a party to the transaction;
(c) section 90J does not apply to that other person in relation to the
transaction; and
(d) the prescribed person contravenes this section as a result of the
transaction;
the prescribed 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:
(e) if the prescribed person is guilty of an offence against subsection
90J
(7F) in relation to the transaction-after the day in respect of which the
offence, or the first such offence, is committed; or
(f) in any other case-after the expiration of the period of 6 months after
notice is served on the person under subsection 90JA (1) or (2) or such
further period as the Tribunal, on application, allows by notice in writing
served on the person within that period of 6 months.
(6) Subsections (5B), (5C), (5D) and (5E) apply in relation to a
contravention of this section by virtue of subsection (2) or (2A) as in force
after the commencement of this subsection whether the transaction resulting in
the contravention takes place before or after the commencement of this
subsection.
(7) Where:
(a) a person contravenes this section by having prescribed interests in
each
of a pair of licences that has a substantial market in common;
(b) the contravention resulted from a transaction in relation to which
section 90J applies to the person;
(c) the transaction took place during the relevant transition period; and
(d) the holding of those interests did not, immediately after the
transaction took place, result in a contravention by the person of this
section by virtue of subsection (2) as in force at that time;
subsections (5B), (5C), (5D) and (5E) apply in relation to the transaction as
if:
(e) 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
end of the relevant transition period; and
(f) references in those subsections 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 end of the relevant transition period.
(8) Where:
(a) a person contravenes this section by virtue of subsection (2A);
(b) the contravention resulted from a transaction in relation to which
section 90J applies to the person; and
(c) the transaction took place during the relevant transition period;
subsections (5B), (5C), (5D) and (5E) apply in relation to the transaction as
if:
(d) 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
end of the relevant transition period; and
(e) references in those subsections to an offence against subsection 90J
(7E) or (7F) or 90JA (10) were references to such an offence committed after
the end of the relevant transition period.
(9) For the purposes of this section, the Australian Capital Territory shall
be deemed to form part of the State of New South Wales.
(10) In this section:
'relevant transition period' means the period commencing on 29 October 1987
and ending immediately before the commencement of this subsection.
BROADCASTING ACT 1942 - SECT 90F
Directors
SECT
90F.(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 each of 17 or more commercial radio licences.
(1AA) 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 each of a pair of commercial radio licences that has a
substantial market in common.
(1AB) 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 each of a number of commercial radio licences in a State
exceeding the maximum number of commercial radio licences in the State that a
person is permitted to hold.
(1A) 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.
(2) For the purposes of subsection (1), the Australian Capital Territory
shall be deemed to form part of the State of New South Wales.
BROADCASTING ACT 1942 - SECT 90G
Foreign shareholdings etc.
SECT
90G.(1) A licence is subject to a condition that a foreign person shall not
at any time during the currency of the licence be in a position to exercise
control, either directly or indirectly, of the company holding the licence.
(2) A licence is subject to a further condition that 2 or more foreign
persons shall not at any time during the currency of the licence:
(a) be in a position to exercise control of more than 20% of the general
meeting votes in the company holding the licence;
(b) hold shareholding interests in the company holding the licence, 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 20%
of the total of the amounts paid on all shares in the company of a kind
carrying such voting rights; or
(c) hold shareholding interests in the company holding the licence
exceeding
in amount 20% of the total of the amounts paid on all shares in the company.
(3) A reference in this section to a foreign person shall be read as a
reference to:
(a) a natural person who is not an Australian citizen; or
(b) a company, wherever incorporated, that is controlled by a person or
persons referred to in paragraph (a).
(4) For the purposes of paragraph (3) (b), a company shall be deemed to be
controlled by a person or persons if, and only if:
(a) the person is, or persons are, in a position to exercise control of
more
than 50% of the general meeting votes in the company;
(b) the person holds, or persons hold, shareholding interests in the
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 50% of the total of the amounts paid on all shares in the company of
a kind carrying such voting rights; or
(c) the person holds, or persons hold, shareholding interests in the
company
exceeding in amount 50% of the total of the amounts paid on all shares in the
company.
(5) For the purposes of this section, where a person is, or persons are, by
virtue of subsection (4), deemed to control a company (including a person or
persons deemed to control a company by virtue of another application or other
applications of this subsection) and the company is in a position to exercise
control of any votes in respect of, or holds a shareholding interest in,
another company, the person or persons shall be deemed (but not to the
exclusion of any other person) to be in a position to exercise control of
those votes or to hold that shareholding interest, as the case may be.
(6) For the purposes of this section, 2 or more persons shall be taken to be
in a position to exercise control of any votes in respect of, or to hold
shareholding interests in, a company notwithstanding that they are not acting
in concert or otherwise associated.
BROADCASTING ACT 1942 - SECT 90H
No 'resale' of licence within 2 years of initial grant
SECT
90H.(1) Where a licence is granted (otherwise than by way of renewal) after
the commencement of this section, a notifiable share transaction in respect of
the licence shall not be entered into or conducted within 2 years after the
day of commencement of the licence unless the Tribunal has, before the
transaction is entered into or conducted, provisionally cleared the
transaction under subsection (3).
(2) A purported transaction that is entered into or conducted in
contravention of subsection (1) is, subject to subsection (5), void.
(3) Where a notifiable share transaction in respect of a licence is
proposed, a person (whether a party to the transaction or not and whether a
person to whom section 90J applies in relation to the transaction or not) may
apply to the Tribunal for provisional clearance of the transaction and, where
an application is made, the Tribunal shall:
(a) if satisfied that the transaction:
(i) would not effect a transfer of control of the licence; or
(ii) would effect a transfer of control of the licence but should be
provisionally cleared because of exceptional circumstances;
provisionally clear the transaction; or
(b) in any other case-refuse to provisionally clear the transaction.
(4) Where:
(a) a purported transaction in respect of a licence is entered into or
conducted in contravention of subsection (1); and
(b) the Tribunal has not refused to provisionally clear the transaction;
a person may apply to the Tribunal for a declaration that subsection (2) not
apply to the transaction and the Tribunal, if satisfied that:
(c) the transaction would not effect a transfer of control of the licence;
or
(d) the transaction would effect a transfer of control of the licence but
should be made the subject of a declaration under this subsection because of
exceptional circumstances;
may declare subsection (2) not to apply to the transaction.
(5) Where the Tribunal makes a declaration under subsection (4) in respect
of a transaction, subsection (2) shall be taken never to have applied to the
transaction.
(6) Without limiting the generality of subparagraph (3) (a) (ii) and
paragraph (4) (d), the Tribunal, in determining whether exceptional
circumstances exist, may have regard to any of the following matters:
(a) the death, bankruptcy or insolvency of any person;
(b) the liquidation or winding up of any company;
(c) any order made by a court.
(7) For the purposes of this section:
(a) a transaction shall be taken to effect a transfer of control of a
licence if, and only if, as a direct or indirect consequence of the
transaction:
(i) a person who was, at the time when the licence was granted, in a
position to exercise control, directly or indirectly, of the licence ceases to
be in a position to exercise control of the licence; or
(ii) a person who was not, at the time when the licence was granted,
in a position to exercise control, directly or indirectly, of the licence is
put in a position to exercise control of the licence; and
(b) in determining whether a person is in a position to exercise control
of
a licence, section 90AAA applies but sections 90AAB and 90B do not apply.
(8) Nothing in this section (including a provisional clearance under
subsection (3) or a declaration under subsection (4)) shall be taken, by
implication, to affect the operation of section 90J in relation to a
transaction.
(9) Subsection (1) does not apply to the grant of a licence under section 99
or 99A of the Broadcasting and Television Amendment Act 1985.
(10) A reference in this section to a notifiable share transaction in
respect of a licence is a reference to a transaction in respect of shares in
the company holding a licence, or shares in a company having an interest in
the company holding the licence, that is a transaction in relation to which
section 90J applies to a person.
BROADCASTING ACT 1942 - SECT 90J
Changes in ownership of shares etc.
SECT
90J.(1) Subject to this section, this section applies to a person in
relation to a transaction (whether or not the person is a party to the
transaction) where the transaction is in respect of shares in a company
holding a licence, or shares in a company having an interest in a company
holding a licence, and, as a result of the transaction:
(a) the person becomes the holder of interests in the company holding the
licence (including any interests previously held) amounting to a prescribed
interest in the licence;
(b) the person, being already the holder of shareholding interests in the
company holding the licence amounting to a prescribed interest in the licence,
becomes the holder of a further shareholding interest, or an increase in the
amount or proportion of the person's shareholding interests, in that company;
or
(c) the person, being already the holder of voting interests of a
particular
kind in the company holding the licence amounting to a prescribed interest in
the licence, becomes the holder of a further voting interest of that kind, or
an increase in the amount or proportion of the person's voting interests of
that kind, in that company.
(2) Except in so far as the contrary intention appears, in the succeeding
provisions of this section:
(a) a reference to a transaction shall be read as a reference to a
transaction in relation to which this section applies to a person; and
(b) a reference to a prescribed party, in relation to a transaction, shall
be read as a reference to a person to whom this section applies in relation to
the transaction, being a person who is a party to the transaction or, in the
case of a proposed transaction, would be a party to the transaction if the
transaction were in effect.
(3) Where a transaction is proposed, the prescribed party to the transaction
or, where there are 2 or more prescribed parties to the transaction, each
prescribed party, may:
(a) give the Tribunal a notice in writing, stating:
(i) the number, or, if the prescribed party so desires, the maximum
number, of shares that will be concerned in the transaction;
(ia) a full description of the voting rights attached to shares that
will be concerned in the transaction;
(ii) the name of the company the shares in which will be concerned
in
the transaction;
(iii) whether or not the prescribed party has a prescribed interest
in
a commercial radio licence or commercial television licence (which may include
the licence to which the transaction relates) and, if so, setting out
particulars of each such prescribed interest;
(iv) whether or not, by reason of the interests to be held as a
result
of the transaction, together with any other interests, the prescribed party
will have a prescribed interest in a licence referred to in subparagraph (iii)
and, if so, setting out particulars of each such prescribed interest;
(iva) 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;
(ivb) 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;
(v) whether or not those interests will result in a contravention of
section 90F or 92JD and, if so, setting out particulars of the contravention;
and
(vi) whether or not those interests will result in a contravention
of,
or failure to comply with, a condition of the licence to which the transaction
relates; or
(b) lodge an application with the Tribunal, in accordance with the
regulations, for approval of the transaction in so far as it affects the
prescribed party.
(4) For the purposes of paragraph (3) (a), a notice may be given to the
Tribunal by lodging it with the Tribunal or by sending it to the Tribunal by
post or by telegram or in any other manner.
(5) Nothing in subsection (3) prevents:
(a) both a notice being given and an application being lodged by the same
person in relation to the same transaction; or
(b) the giving of a notice in the manner provided by paragraph (7E) (c)
after the transaction to which the notice relates has taken place.
(6) A notice given under paragraph (3) (a) ceases to have effect on the
expiration of 30 days after it is so given, but nothing prevents the giving of
a further notice under that paragraph.
(7A) Each person to whom this section applies in relation to a transaction
(other than a prescribed party who has lodged an application in relation to
the transaction in accordance with paragraph (3) (b)) shall, not later than
the 28th day after the transaction takes place or such later day as the
Tribunal, on application, allows, lodge with the Tribunal, in accordance with
the regulations, an application for approval of the transaction in so far as
it affects the person.
(7B) An application lodged in pursuance of paragraph (3) (b) or subsection
(7A) shall be taken not to be lodged in accordance with that paragraph or
subsection unless it is accompanied by a statutory declaration made:
(a) where the person required to lodge the application or notice is a
natural person-by that person; or
(b) where the person required to lodge the application or notice is a
company-by a director, secretary or executive officer of the company or by a
person authorized by the company in writing to make such a declaration on its
behalf;
verifying the statements made in the application or notice, other than
statements as to future events.
(7C) A notice given to the Tribunal in pursuance of paragraph (3) (a) shall
be taken not to be given in accordance with that paragraph, and a statutory
declaration shall be taken not to accompany an application or notice for the
purposes of subsection (7B), if the notice or statutory declaration, as the
case may be, contains a statement (not being a statement as to future events)
that:
(a) is false or misleading in a material particular; or
(b) is misleading in a material respect by reason of the omission of any
matter or thing.
(7D) On receipt of a notice or application given to or lodged with the
Tribunal by a person in pursuance of subsection (3) or (7A), the Chairman, or
a member authorized in writing by the Chairman for the purposes of this
subsection, shall:
(a) if the notice or application does not comply with the requirements of
this section-reject the notice or application and give the person such
directions as are necessary to ensure that it complies with those
requirements; or
(b) in any other case-accept the notice or application;
and, for the purposes of this Act, the notice or application shall be taken
not to be given to or lodged with the Tribunal until it has been so accepted.
(7E) Where a transaction takes place at a particular time and a person is a
prescribed party to the transaction, then, unless:
(a) immediately before that time, there was in effect a notice given by
the
person in accordance with paragraph (3) (a) in relation to the transaction;
or
(b) before that time, an application was lodged by the person in
accordance
with paragraph (3) (b) in relation to the transaction;
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) after
that time until:
(c) the day on which he gives a notice in relation to the transaction in
accordance with paragraph (3) (a) (modified so far as is necessary to take
account of the fact that the transaction has taken place); or
(d) the day on which he lodges an application in relation to the
transaction
in accordance with subsection (7A).
(7F) A person who fails to comply with subsection (7A) 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.
(7G) In relation to a notice given in relation to a transaction under
paragraph (3) (a) that states the maximum number of shares that will be
concerned in the transaction, a reference in this section to the transaction
includes a reference to any transaction that differs from that transaction by
reason only that it concerns a lesser number of shares.
(8) A reference in this section to the proportion of a person's shareholding
interests in a company shall be read as a reference to the proportion that the
amount of that person's shareholding interests in that company bears to the
total of the amounts paid on all shares in that company.
(9) A reference in this section to the proportion of a person's voting
interests of a particular kind in a company shall be read as a reference to
the proportion that the amount of that person's voting interests of that kind
in that company bears to the total of the amounts of all the voting interests
of that kind in that company that would exist if section 89K had not been
enacted.
(10) Where:
(a) a person acquired a prescribed interest in a commercial radio licence
on
or after 28 October 1987 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 ACT 1942 - SECT 90JA
Approval of transactions
SECT
90JA.(1) Subject to subsections (2) and (4A), where an application in
relation to a transaction is made in accordance with section 90J, the Tribunal
shall, by notice in writing served on the applicant, approve the transaction
in so far as it affects the applicant.
(2) Where an application in relation to a transaction is so made and:
(a) where subsection (4) applies to the applicant-the Tribunal, if the
application were an application for the consent of the Tribunal under section
89A to the transfer to the applicant of the licence to which the transaction
relates, would be required or empowered to refuse the application;
(b) where the applicant is a prescribed party, within the meaning of
section
90J, to the transaction-the licence to which the transaction relates was
granted (otherwise than by way of renewal) within 2 years before the date on
which the application was so lodged with the Tribunal; or
(c) where subsection (4) does not apply to the applicant-it appears to the
Tribunal that it is advisable in the public interest that approval of the
transaction should be refused in whole or in part in so far as it affects the
applicant, having regard only to the following matters or circumstances:
(i) the effect, if any, that the transaction will have, or has had,
as
the case requires, on the capacity of the holder of the licence to which the
transaction relates to comply with the conditions of the licence or any
undertaking given under subsection 83 (1), 86 (4) or 89A (6) in relation to
the licence;
(ii) if the applicant is a prescribed party, within the meaning of
section 90J, to the transaction-the Tribunal is satisfied that approval of the
transaction should be refused in whole or in part in so far as it affects the
applicant by reason that the applicant:
(A) is not a fit and proper person to hold the interests to
which the transaction relates; or
(B) does not have the financial, technical or management
capabilities necessary to provide an adequate and
comprehensive
service pursuant to the licence;
(iii) if the licence to which the transaction relates is a
non-metropolitan commercial radio licence whose service area overlaps the
service area of one or more non-metropolitan commercial licences-the Tribunal
is satisfied, having regard to the need to avoid undue concentration of
influence, whether direct or indirect, on the companies holding those
licences, that approval of the transaction should be refused in whole or in
part insofar as it affects the applicant;
then, subject to this section, the Tribunal:
(d) where paragraph (a) applies by reason that, if the application were an
application of a kind referred to in that paragraph, the Tribunal would be
required to refuse the application by reason of the operation of subparagraph
89A (8) (d) (ii) or (iii)-shall refuse approval of the whole transaction in so
far as it affects the applicant;
(e) where paragraph (a) applies otherwise than as described in paragraph
(d)
or where paragraph (b) applies-may refuse approval of the whole transaction in
so far as it affects the applicant; or
(f) where paragraph (c) applies-shall, as the case requires:
(i) refuse approval of the transaction, in so far as it affects the
applicant, to the extent that it relates to specified interests or interests
of a specified amount, and approve the remainder of the transaction in so far
as it affects the applicant; or
(ii) refuse approval of the whole transaction in so far as it
affects
the applicant.
(4) This subsection applies in relation to a person, in relation to a
transaction, if:
(a) the person is a prescribed party, within the meaning of section 90J,
to
the transaction;
(b) as a result of the transaction, the person will become, or has become,
as the case requires, the legal owner of shares in:
(i) the company holding the licence to which the transaction relates
(in this subsection referred to as the 'licensee'); or
(ii) another company that is the legal owner of shares in the
licensee
and is, by reason only of that shareholding, deemed, by virtue of subsection
89K (1), to be in a position to exercise control of the licensee; and
(c) by reason only of his being the holder of the first-mentioned shares,
together with any other shares in the licensee or in that other company of
which he is the legal owner, the person will be, or is, as the case requires,
deemed, by virtue of subsection 89K (1), to be in a position to exercise
control of the licensee or of that other company.
(4A) Where:
(a) an application in relation to a transaction has been made in
accordance
with section 90J by a person who is not a prescribed party to the transaction
within the meaning of that section; and
(b) the Tribunal refuses approval of the transaction in whole or in part
in
so far as it affects a person who is such a prescribed party;
the Tribunal may dispense with consideration of the application to the extent
that it relates to interests attributable to the whole or that part, as the
case may be, of the transaction.
(5) Where the Tribunal grants approval in relation to a transaction under
subsection (1) or subparagraph (2) (f) (i) in pursuance of an application
lodged in accordance with paragraph 90J (3) (b), the approval may be made
subject to the condition that, if the transaction does not take place before a
specified date, the approval ceases to have effect on that date.
(9) Where an inquiry held in relation to a transaction is joined in
accordance with the regulations with an inquiry into a renewal of a licence,
the following provisions have effect in relation to the inquiry to the extent
that it relates to the renewal of the licence:
(a) if an application for renewal of the licence has not been lodged with
the Tribunal under subsection 86 (1), the Tribunal shall, by notice in writing
served on the licensee, require the licensee to lodge an application under
that subsection within the period specified in the notice, not being less than
21 days after the service of the notice, and the licensee shall comply with
the requirements;
(e) in determining whether the circumstances justify the Tribunal in
specifying a period of less than 3 years for the purposes of subsection 87
(2), the Tribunal may take into account the effect that the transaction will
have, or has had, as the case requires, or the effect that any other
transaction that the Tribunal has reason to believe is likely to take place
will have, on the ownership or control, whether direct or indirect, of the
licensee.
(10) Where a transaction, being a transaction in relation to which section
90J applies to a person who is a party to the transaction, takes place:
(a) after notice is served on the person under subsection (2) refusing
approval of the transaction in whole or in part; or
(b) after approval of the transaction in whole or in part ceases to have
effect in pursuance of a condition imposed under subsection (5);
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 person holds shareholding interests or voting interests, being
voting interests of a particular kind, (not being, in a case to which
paragraph (a) applies, shareholding or voting interests in respect of which
approval has been granted under this section) in the company to which the
transaction relates exceeding in amount or proportion the shareholding
interests, or the voting interests of that kind, as the case may be, (if any)
that the person had in that company immediately before the transaction took
place.
(11) Where:
(a) an application is lodged by a person under subsection 90J (7A) in
relation to a transaction;
(b) a notice is served on the person under subsection (2) refusing
approval
of the transaction in whole or in part; and
(c) after the expiration of the period of 6 months after the date of
service
of the notice or such longer period as the Tribunal, on application, allows by
notice in writing served on the person within that period of 6 months, the
person holds shareholding interests or voting interests, being voting
interests of a particular kind, in the company to which the transaction
relates exceeding in amount or proportion:
(i) where approval of the whole of the transaction is refused-the
shareholding interests, or the voting interests of that kind, as the case may
be, (if any) that the person had in that company immediately before the
transaction took place; or
(ii) where approval of part of the transaction is refused-the
shareholding interests, or the voting interests of that kind, as the case may
be, (if any) that the person had in that company immediately before the
transaction took place together with the shareholding interests, or voting
interests of that kind, as the case may be, in respect of which approval is
granted;
the person is guilty of a separate offence in respect of each day (including
the day of a conviction under this subsection or a subsequent day) during
which he so holds those interests.
(12) A reference in this section to the proportion of a person's interests
in a company has the same meaning as in section 90J.
(13) The Tribunal shall not approve a transaction in relation to which
section 90J applies except as provided by this section.
BROADCASTING ACT 1942 - SUBDIVISION C
Subdivision C-Miscellaneous
BROADCASTING ACT 1942 - SECT 90K
Changes in memorandum or articles of association of licensee
SECT
90K.(1) A licence is subject to a condition that a change in the memorandum
or articles of association of the company holding the licence will not take
place without the approval of the Tribunal.
(2) A purported change in the memorandum or articles of association of a
company holding a licence is, except for the purposes of determining whether
the company has breached the condition referred to in subsection (1), of no
effect unless the Tribunal approves the change.
(2A) Where the Tribunal approves a change in the memorandum or articles of
association of a company under subsection (2), the change commences to have
effect on:
(a) the day on which the change would, but for this subsection, take
effect;
or
(b) the day on which the Tribunal approves the change;
whichever is the later.
(3) The Tribunal shall grant its approval under this section unless it is
satisfied that it is desirable in the public interest not to do so for reasons
related to the holding of a licence by the company.
(4) Subsections (1) and (2) do not apply in relation to a change in the
articles of association of a company for the purpose of complying with the
condition specified in section 90L.
BROADCASTING ACT 1942 - SECT 90L
Articles to contain certain provisions
SECT
90L.(1) A licence is subject to a condition that the articles of association
of the company holding the licence will at all times contain:
(a) provisions under which a person is not eligible to become, or to
continue to be, the holder of shares in the company where, by reason of his
holding those shares and of any other relevant circumstances:
(i) he or some other person would contravene section 90C or 92JB; or
(ii) there would be a contravention of a condition specified in
section 90G;
(b) provisions under which the company may secure the disposal of shares
held by a person to the extent necessary to prevent the continuance of a
contravention of the provisions referred to in paragraph (a) or of shares held
by a person who refuses or fails to furnish a statutory declaration as
required under the provisions referred to in paragraph (d);
(c) provisions under which a person seeking to become the holder of shares
in the company is required to present to the company a statutory declaration
made by him or, where the person is a company, made by a competent officer
thereof:
(i) stating whether the shares will be held by the person
beneficially
and, if not, who will have beneficial interests in the shares; and
(ii) stating whether the person, or any person who will have a
beneficial interest in the shares, has a prescribed interest, within the
meaning of this Part, in a licence held by any other company, and giving
particulars of any such prescribed interest; and
(d) provisions under which a person holding shares in the company may be
required by the company, from time to time, to furnish to the company
statutory declarations concerning matters relevant to his eligibility to
continue to be the holder of those shares, having regard to the provisions
referred to in paragraph (a).
(2) Where the Tribunal, by instrument in writing, approves any provisions of
the articles of association of a company holding or applying for a licence as
complying substantially with the requirements of this section, those
provisions shall be deemed to comply with those requirements.
(3) A licence shall not be granted unless the articles of association of the
company concerned will, upon the grant of the licence, comply with the
condition specified in subsection (1).
(4) A licence is subject to a condition that the company, and the directors
and officers of the company, will take reasonable measures to enforce the
provisions of the articles containing the provisions referred to in subsection
(1).
BROADCASTING ACT 1942 - SECT 90M
Condition as to statutory declarations
SECT
90M. A licence is subject to a condition that the Chairman of Directors of
the licensee or another director approved by the Tribunal, and the person
holding or acting in the office of manager of the licensee or the person
holding or acting in the office of secretary of the licensee, will make and
lodge with the Tribunal, not less than 4 weeks, and not more than 6 weeks,
before the end of each year of the currency of the licence, statutory
declarations, made on the same day, in respect of the period that commenced on
the day next following the end of the period in respect of which the last
declarations under this section were made (or, in the case of the first
declarations under this section in relation to a licence, that commenced on
the day on which the licence was granted) and ended on the day next preceding
the day on which the declarations are made, stating, in the case of each
declarant:
(a) whether, to the best of his or her knowledge and belief, there has
been,
at any time during that period, any contravention of section 90C in relation
to licences that include that licence and the particulars of any such
contravention;
(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 92JB by a person
by virtue of holding a prescribed interest in the licence and:
(i) a prescribed interest in a commercial television licence; or
(ii) a prescribed interest in a newspaper;
and the particulars of any such contravention;
(b) the name and address of each person, who, to the best of his or her
knowledge and belief, has had, at any time during that period, a prescribed
interest in the licence and particulars of every such prescribed interest;
(c) whether, to the best of his or her knowledge and belief, the
conditions
specified in section 90G have been complied with at all times during that
period, and the particulars of any contravention of that condition; and
(d) what steps he or she has taken to ascertain the matters referred to in
the declaration.
BROADCASTING ACT 1942 - SECT 90N
Trusts not valid unless notified
SECT
90N.(1) For the purpose of facilitating the enforcement of this Division,
where a trust is or has been created, by writing (other than a will) or
orally, of a share in a company, and that company is the holder of a licence,
the trust is not, and shall be deemed not to have been, valid for any purpose
after the expiration of a period of 3 months after the prescribed date unless,
before the expiration of that period, notice of the existence and nature of
the trust and of the name of the beneficiary was or is given in writing to the
company.
(2) The prescribed date for the purposes of subsection (1) is:
(b) the date of creation of the trusts; or
(c) the date of the grant of the licence;
whichever is the later.
(3) This section extends to a trust created by a person before that person
became or becomes the owner of the share, and in such a case the trust shall,
for the purposes of this section, be deemed to be or to have been created at
the time at which that person became or becomes the owner of the share.
(4) Nothing in this section shall be taken to render valid as against a
company a trust of shares in the company that would not have been valid as
against the company if this section had not been enacted.
(5) A company to which a notice is given for the purposes of this section
shall forthwith acknowledge in writing the receipt of the notice.
BROADCASTING ACT 1942 - DIVISION 3
Division 3-Limitation on Ownership and Control of
Commercial Television Licences
BROADCASTING ACT 1942 - SUBDIVISION A
Subdivision A-Preliminary
BROADCASTING ACT 1942 - SECT 91
Interpretation
SECT
91.(1) In this Division, unless the contrary intention appears:
'declared population of Australia' means the number specified, in a notice
in force under section 91AAD, as the declared population of Australia;
'licence' means a commercial television licence;
'metropolitan commercial television licence' means a commercial television
licence having a metropolitan service area;
'non-metropolitan commercial licence' means a commercial radio licence, or a
commercial television licence, having a service area other than a metropolitan
service area;
'non-metropolitan commercial television licence' means a commercial
television licence other than a metropolitan commercial television licence;
'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;
'transaction' includes:
(a) the allotment to a person of shares or the issue to a person of
debentures, the payment of calls on shares, the repayment of capital in
respect of shares or the redemption or repayment of debentures; and
(b) the disposition, by assignment, declaration of trust or by any other
means, of, or any part of, the beneficial ownership of shares or debentures.
(1A) For the purposes of this Division:
(a) a licence whose service area is wholly within a particular State shall
be taken to be in that State; and
(b) a licence whose service area includes parts of 2 or more States shall
be
taken to be in the State notified by the Minister by notice published in the
Gazette.
(1B) In subsection (1A), 'State' includes Territory.
(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.
BROADCASTING ACT 1942 - SECT 91AAD
Minister may notify population figures
SECT
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
(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.
(6A) Where, because of an extension of the service area of a licence under
section 94S or 94ZH, the Minister specifies the service area population of the
licence in a notice under subsection (1), the Minister shall include in the
notice a statement that the licence is affected by aggregation.
(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.
(7A) Where:
(a) a licence (in this subsection called the 'new system licence') is, or
has at any time been, granted under section 99 or 99A of the Broadcasting and
Television Amendment Act 1985 in substitution for another licence (in this
section called the 'old system licence');
(b) immediately before the grant of the new system licence, a notice under
this section was in force in relation to the old system licence; and
(c) the grant of the new system licence is one to which paragraph (7) (b)
or
(c) applies;
the notice has effect, at any time after the grant of the new system licence,
as if the notice had been published in relation to the new system licence.
(8) Subject to subsection (9), a notice under this section has effect on the
day on which the notice is published in the Gazette.
(9) Where:
(a) a person holds interests or directorships immediately before the day
on
which a notice under this section is published in the Gazette; and
(b) the holding of those interests or directorships by the person would,
but
for this subsection, result in a contravention by the person on that day of
section 92 by virtue of paragraph 92 (l) (a) or a contravention of section 92C
by virtue of subsection 92C (l);
the notice has effect in respect of the continued holding of those interests
or directorships by the person only from the end of the period of 6 months
commencing on the day on which the notice is published in the Gazette.
(10) A reference in subsection (9) to a person holding an interest includes
a reference to a person being in a position to exercise control of a licence.
BROADCASTING ACT 1942 - SUBDIVISION B
Subdivision B-Limitation on ownership and control of
commercial television licences
BROADCASTING ACT 1942 - SECT 92
Limitation of interests in commercial television licences
SECT
92.(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.
(1A) A person contravenes this section if, and so long as, the person has a
prescribed interest in each of 2 or more commercial television licences in the
same approved market.
(1B) A person contravenes this section if, and so long as, the person has a
prescribed interest in each of 2 or more commercial television licences whose
service areas are in Tasmania.
(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 if and so long
as 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.
(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 89N applies in calculating a person's shareholding interest
percentage in a company for the purposes of subsection (1AE), but section 89J
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.
(4A) A person who contravenes this section otherwise than as a result of a
transaction in relation to which section 92F applies to 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.
(4AA) Where:
(a) licences in the same approved market, or whose service areas are in
Tasmania, are the subject of a specification by the Minister under paragraph
94B (d) to the effect that they are to be eligible for consolidation with one
another in accordance with Division 6 of Part IIIC;
(b) one or more of the licences is transferred to a person;
(c) immediately before the transfer, the person did not contravene
subsection (1A) or (1B) in relation to any of the licences referred to in
paragraph (a) of this subsection; and
(d) but for this subsection, subsection (4A) would apply in relation to
the
person as a result of the transfer;
subsection (4A) does not so apply during the period of 6 months after the
transfer takes place or such further period as the Tribunal, on application,
allows by notice in writing served on the person within that period of 6
months.
(4B) Where a person contravenes this section as a result of a transaction
that takes place after the commencement of this sub-section, being a
transaction to which the person is a party and in relation to which section
92F 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 or offences against subsection
92F
(7E) in relation to the transaction-after the day on which the transaction
takes place and before the day in respect of which he ceases to be guilty of
any further offence against that subsection;
(b) if the person is guilty of an offence or offences against subsection
92F
(7F) or 92FAA (10) in relation to the transaction-after the day in respect of
which the offence, or the first such offence, is committed; or
(c) in any other case (including a case where the person is guilty of an
offence or offences against subsection 92F (7E) in relation to the transaction
but has subsequently ceased to be guilty of any further offence against that
subsection)-after the expiration of 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 within that
period of 6 months.
(4C) Where:
(a) a transaction in relation to which section 92F applies takes place
after
the commencement of this subsection;
(b) a person (in this subsection referred to as the
'prescribed person'), not being a party to the transaction, is a person to
whom section 92F applies in relation to the transaction by reason of another
person being a party to the transaction;
(c) section 92F applies to that other person in relation to the
transaction;
(ca) a notice is served on that other person under subsection 92FAA (1) or
(2) approving the transaction in whole or in part in so far as it affects that
other person; and
(d) the prescribed person contravenes this section by reason that he is
the
holder of interests attributable to so much of the transaction as is so
approved;
then, unless subsection (4D) applies to the prescribed person in relation to
the transaction, the prescribed 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 he contravenes this section by reason that
he is the holder of those interests, or any other interests attributable to so
much of the transaction as is so approved, after the expiration of the period
of 6 months after the day on which the approval or, where there are 2 or more
such approvals, the later or latest approval, is given or such further period
as the Tribunal, on application, allows by notice in writing served on the
prescribed person within that period of 6 months.
(4D) Where:
(a) a transaction in relation to which section 92F applies takes place
after
the commencement of this subsection;
(b) a person (in this subsection referred to as the
'prescribed person'), not being a party to the transaction, is a person to
whom section 92F applies in relation to the transaction by reason of another
person being a party to the transaction;
(c) section 92F applies to that other person in relation to the
transaction;
(d) the prescribed person lodges an application in relation to the
transaction under subsection 92F (7A);
(e) in relation to the transaction, a notice is served on the prescribed
person under subsection 92FAA (1) or (2) at a time when a notice has not been
served under either of those subsections on that other person; and
(f) the prescribed person contravenes this section as a result of the
transaction;
the prescribed 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 after the expiration of the
period of 6 months after the date of service of the notice or such further
period as the Tribunal, on application, allows by notice in writing served on
the person within that period of 6 months.
(4E) Where:
(a) a transaction in relation to which section 92F applies takes place
after
the commencement of this subsection;
(b) a person (in this subsection referred to as the
'prescribed person'), not being a party to the transaction, is a person to
whom section 92F applies in relation to the transaction by reason of another
person being a party to the transaction;
(c) section 92F does not apply to that other person in relation to the
transaction; and
(d) the prescribed person contravenes this section as a result of the
transaction;
the prescribed 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:
(e) if the prescribed person is guilty of an offence against subsection
92F
(7F) in relation to the transaction-after the day in respect of which the
offence, or the first such offence, is committed; or
(f) in any other case-after the expiration of the period of 6 months after
notice is served on the person under subsection 92FAA (1) or (2) or such
further period as the Tribunal, on application, allows by notice in writing
served on the person within that period of 6 months.
(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.
BROADCASTING ACT 1942 - SECT 92C
Directors
SECT
92C.(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.
(1A) 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.
BROADCASTING ACT 1942 - SECT 92D
Foreign shareholdings etc.
SECT
92D.(1) A licence is subject to a condition that a foreign person shall not
at any time during the currency of the licence be in a position to exercise
control, either directly or indirectly, of the company holding the licence.
(2) A licence is subject to a further condition that 2 or more foreign
persons shall not at any time during the currency of the licence:
(a) be in a position to exercise control of more than 20% of the general
meeting votes in the company holding the licence;
(b) hold shareholding interests in the company holding the licence, 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 20%
of the total of the amounts paid on all shares in the company of a kind
carrying such voting rights; or
(c) hold shareholding interests in the company holding the licence
exceeding
in amount 20% of the total of the amounts paid on all shares in the company.
(3) A reference in this section to a foreign person shall be read as a
reference to:
(a) a natural person who is not an Australian citizen; or
(b) a company, wherever incorporated, that is controlled by a person or
persons referred to in paragraph (a).
(4) For the purposes of paragraph (3) (b), a company shall be deemed to be
controlled by a person or persons if, and only if:
(a) the person is, or persons are, in a position to exercise control of
more
than 50% of the general meeting votes in the company;
(b) the person holds, or persons hold, shareholding interests in the
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 50% of the total of the amounts paid on all shares in the company of
a kind carrying such voting rights; or
(c) the person holds, or persons hold, shareholding interests in the
company
exceeding in amount 50% of the total of the amounts paid on all shares in the
company.
(5) For the purposes of this section, where a person is, or persons are, by
virtue of subsection (4), deemed to control a company (including a person or
persons deemed to control a company by virtue of another application or other
applications of this subsection) and the company is in a position to exercise
control of any votes in respect of, or holds a shareholding interest in,
another company, the person or persons shall be deemed (but not to the
exclusion of any other person), to be in a position to exercise control of
those votes or to hold that shareholding interest, as the case may be.
(6) For the purposes of this section, 2 or more persons shall be taken to be
in a position to exercise control of any votes in respect of, or to hold
shareholding interests in, a company notwithstanding that they are not acting
in concert or otherwise associated.
BROADCASTING ACT 1942 - SECT 92E
No 'resale' of licence within 2 years of initial grant
SECT
92E.(1) Where a licence is granted (otherwise than by way of renewal) after
the commencement of this section, a notifiable share or debenture transaction
in respect of the licence shall not be entered into or conducted within 2
years after the day of commencement of the licence unless the Tribunal has,
before the transaction is entered into or conducted, provisionally cleared the
transaction under subsection (3).
(2) A purported transaction that is entered into or conducted in
contravention of subsection (1) is, subject to subsection (5), void.
(3) Where a notifiable share or debenture transaction in respect of a
licence is proposed, a person (whether a party to the transaction or not and
whether a person to whom section 92F applies in relation to the transaction or
not) may apply to the Tribunal for provisional clearance of the transaction
and, where an application is made, the Tribunal shall:
(a) if satisfied that the transaction:
(i) would not effect a transfer of control of the licence; or
(ii) would effect a transfer of control of the licence but should be
provisionally cleared because of exceptional circumstances;
provisionally clear the transaction; or
(b) in any other case-refuse to provisionally clear the transaction.
(4) Where:
(a) a purported transaction is entered into or conducted in contravention
of
subsection (1); and
(b) the Tribunal has not refused to provisionally clear the transaction;
a person may apply to the Tribunal for a declaration that subsection (2) not
apply to the transaction and the Tribunal, if satisfied that:
(c) the transaction would not effect a transfer of control of the licence;
or
(d) the transaction would effect a transfer of control of the licence but
should be made the subject of a declaration under this subsection because of
exceptional circumstances;
may declare subsection (2) not to apply to the transaction.
(5) Where the Tribunal makes a declaration under subsection (4) in respect
of a transaction, subsection (2) shall be taken never to have applied to the
transaction.
(6) Without limiting the generality of subparagraph (3) (a) (ii) and
paragraph (4) (d), the Tribunal, in determining whether exceptional
circumstances exist, may have regard to any of the following matters:
(a) the death, bankruptcy or insolvency of any person;
(b) the liquidation or winding up of any company;
(c) any order made by a court.
(7) For the purposes of this section:
(a) a transaction shall be taken to effect a transfer of control of a
licence if, and only if, as a direct or indirect consequence of the
transaction:
(i) a person who was, at the time when the licence was granted, in a
position to exercise control, directly or indirectly, of the licence ceases to
be in a position to exercise control of the licence; or
(ii) a person who was not, at the time when the licence was granted,
in a position to exercise control, directly or indirectly, of the licence is
put in a position to exercise control of the licence; and
(b) in determining whether a person is in a position to exercise control
of
a licence, section 91AAA applies but sections 91AAC and 91A do not apply.
(8) Nothing in this section (including a provisional clearance under
subsection (3) or a declaration under subsection (4)) shall be taken, by
implication, to affect the operation of section 92F in relation to a
transaction.
(9) Subsection (1) does not apply to the grant of a licence under:
(a) section 99 or 99A of the Broadcasting and Television Amendment Act
1985;
or
(b) section 94ZC or 94ZG of this Act.
(10) A reference in this section to a notifiable share or debenture
transaction in respect of a licence is a reference to a transaction in respect
of shares or debentures in the company holding a licence, or shares in a
company having an interest in the company holding the licence, that is a
transaction in relation to which section 92F applies to a person.
BROADCASTING ACT 1942 - SECT 92F
Changes in ownership of shares etc.
SECT
92F.(1) Subject to this section, this section applies to a person in
relation to a transaction (whether or not the person is a party to the
transaction) where the transaction is in respect of shares or debentures in a
company holding a licence, or shares in a company having an interest in a
company holding a licence, and, as a result of the transaction:
(a) the person becomes the holder of interests in the company holding the
licence (including any interests previously held) amounting to a prescribed
interest in the licence;
(b) the person, being already the holder of shareholding interests in the
company holding the licence amounting to a prescribed interest in the licence,
becomes the holder of a further shareholding interest, or an increase in the
amount or proportion of the person's shareholding interests, in that company;
(c) the person, being already the holder of voting interests of a
particular
kind in the company holding the licence amounting to a prescribed interest in
the licence, becomes the holder of a further voting interest of that kind, or
an increase in the amount or proportion of the person's voting interests of
that kind, in that company; or
(d) the person, being already the holder of financial interests in the
company holding the licence amounting to a prescribed interest in the licence,
becomes the holder of a further financial interest, or an increase in the
amount or proportion of the person's financial interests, in that company.
(2) Except in so far as the contrary intention appears, in the succeeding
provisions of this section:
(a) a reference to a transaction shall be read as a reference to a
transaction in relation to which this section applies to a person; and
(b) a reference to a prescribed party, in relation to a transaction, shall
be read as a reference to a person to whom this section applies in relation to
the transaction, being a person who is a party to the transaction or, in the
case of a proposed transaction, would be a party to the transaction if the
transaction were in effect.
(3) Where a transaction is proposed, the prescribed party to the transaction
or, where there are 2 or more prescribed parties to the transaction, each
prescribed party, may:
(a) give the Tribunal a notice in writing, stating:
(i) the number, or, if the prescribed party so desires, the maximum
number, of shares that will be concerned in the transaction;
(ia) a full description of the voting rights attached to shares
that
will be concerned in the transaction;
(ii) the amount, or, if the prescribed party so desires, the maximum
amount, of moneys secured by debentures that will be concerned in the
transaction;
(iii) the name of the company the shares in which, or debentures of
which, will be concerned in the transaction;
(iv) whether or not the prescribed party has a prescribed interest
in
a commercial radio licence or commercial television licence (which may include
the licence to which the transaction relates) and, if so, setting out
particulars of each such prescribed interest;
(v) whether or not, by reason of the interests to be held as a
result
of the transaction, together with any other interests, the prescribed party
will have a prescribed interest in a licence referred to in subparagraph (iv)
and, if so, setting out particulars of each such prescribed interest;
(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;
(vi) whether or not those interests will result in a contravention
of
section 92C or 92JD and, if so, setting out particulars of the contravention;
and
(vii) whether or not those interests will result in a contravention
of, or failure to comply with a condition of the licence to which the
transaction relates; or
(b) lodge an application with the Tribunal, in accordance with the
regulations, for approval of the transaction in so far as it affects the
prescribed party.
(4) For the purposes of paragraph (3) (a), a notice may be given to the
Tribunal by lodging it with the Tribunal or by sending it to the Tribunal by
post or by telegram or in any other manner.
(5) Nothing in subsection (3) prevents:
(a) both a notice being given and an application being lodged by the same
person in relation to the same transaction; or
(b) the giving of a notice in the manner provided by paragraph (7E) (c)
after the transaction to which the notice relates has taken place.
(6) A notice given under paragraph (3) (a) ceases to have effect on the
expiration of 30 days after it is so given, but nothing prevents the giving of
a further notice under that paragraph.
(7A) Each person to whom this section applies in relation to a transaction
(other than a prescribed party who has lodged an application in relation to
the transaction in accordance with paragraph (3) (b)) shall, not later than
the 28th day after the transaction takes place or such later day as the
Tribunal, on application, allows, lodge with the Tribunal, in accordance with
the regulations, an application for approval of the transaction in so far as
it affects the person.
(7B) An application lodged in pursuance of paragraph (3) (b) or subsection
(7A) or a notice lodged in pursuance of subsection (7) shall be taken not to
be lodged in accordance with that paragraph or subsection unless it is
accompanied by a statutory declaration made:
(a) where the person required to lodge the application or notice is a
natural person-by that person; or
(b) where the person required to lodge the application or notice is a
company-by a director, secretary or executive officer of the company or by a
person authorized by the company in writing to make such a declaration on its
behalf;
verifying the statements made in the application or notice, other than
statements as to future events.
(7C) A notice given to the Tribunal in pursuance of paragraph (3) (a) shall
be taken not to be given in accordance with that paragraph and a statutory
declaration shall be taken not to accompany an application or notice for the
purposes of subsection (7B), if the notice or statutory declaration, as the
case may be, contains a statement (not being a statement as to future events)
that:
(a) is false or misleading in a material particular; or
(b) is misleading in a material respect by reason of the omission of any
matter or thing.
(7D) On receipt of a notice or application given to or lodged with the
Tribunal by a person in pursuance of subsection (3) or (7A), the Chairman, or
a member authorized in writing by the Chairman for the purposes of this
subsection, shall:
(a) if the notice or application does not comply with the requirements of
this section-reject the notice or application and give the person such
directions as are necessary to ensure that it complies with those
requirements; or
(b) in any other case-accept the notice or application;
and, for the purposes of this Act, the notice or application shall be taken
not to be given to or lodged with the Tribunal until it has been so accepted.
(7E) Where a transaction takes place at a particular time and a person is a
prescribed party to the transaction, then, unless:
(a) immediately before that time, there was in effect a notice given by
the
person in accordance with paragraph (3) (a) in relation to the transaction;
or
(b) before that time, an application was lodged by the person in
accordance
with paragraph (3) (b) in relation to the transaction;
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) after
that time until:
(c) the day on which he gives a notice in relation to the transaction in
accordance with paragraph (3) (a) (modified so far as is necessary to take
account of the fact that the transaction has taken place); or
(d) the day on which he lodges an application in relation to the
transaction
in accordance with subsection (7A).
(7F) A person who fails to comply with subsection (7) or (7A) 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.
(7G) In relation to a notice given in relation to a transaction under
paragraph (3) (a) that states the maximum number of shares, or the maximum
amount of moneys secured by debentures, that will be concerned in the
transaction, a reference in this section to the transaction includes a
reference to any transaction that differs from that transaction by reason only
that it concerns a lesser number of shares or amount of moneys so secured, as
the case may be.
(8) A reference in this section to the proportion of a person's shareholding
interests in a company shall be read as a reference to the proportion that the
amount of that person's shareholding interests in that company bears to the
total of the amounts paid on all shares in that company.
(8A) A reference in this section to the proportion of a person's voting
interests of a particular kind in a company shall be read as a reference to
the proportion that the amount of that person's voting interests of that kind
in that company bears to the total of the amounts of all the voting interests
of that kind in that company that would exist if section 89K had not been
enacted.
(9) A reference in this section to the proportion of a person's financial
interests in a company shall be read as a reference to the proportion that the
amount of that person's financial interests in that company bears to the total
of the amounts of all the financial interests in that company that would exist
if sections 89N and 89P had not been enacted.
(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 ACT 1942 - SECT 92FAA
Approval of transactions
SECT
92FAA.(1) Subject to subsections (2) and (4A), where an application in
relation to a transaction is made in accordance with section 92F, the Tribunal
shall, by notice in writing served on the applicant, approve the transaction
in so far as it affects the applicant.
(2) Where an application in relation to a transaction is so made and:
(a) where subsection (4) applies to the applicant-the Tribunal, if the
application were an application for the consent of the Tribunal under section
89A to the transfer to the applicant of the licence to which the transaction
relates, would be required or empowered to refuse the application;
(b) where the applicant is a prescribed party, within the meaning of
section
92F, to the transaction-the licence to which the transaction relates was
granted (otherwise than by way of renewal) within 2 years before the date on
which the notice or application was so given to or lodged with the Tribunal;
or
(c) where subsection (4) does not apply to the applicant-it appears to the
Tribunal that it is advisable in the public interest that approval of the
transaction should be refused in whole or in part in so far as it affects the
applicant, having regard only to the following matters or circumstances:
(i) the effect, if any, that the transaction will have, or has had,
as
the case requires, on the capacity of the holder of the licence to which the
transaction relates to comply with the conditions of the licence or any
undertaking given under subsection 83 (1), 86 (4) or 89A (6) in relation to
the licence;
(ii) if the applicant is a prescribed party, within the meaning of
section 92F, to the transaction-the Tribunal is satisfied that approval of the
transaction should be refused in whole or in part in so far as it affects the
applicant by reason that the applicant:
(A) is not a fit and proper person to hold the interests to
which the transaction relates;
(B) does not have the financial, technical or management
capabilities necessary to provide an adequate and comprehensive service
pursuant to the licence; or
(iii) if the licence to which the transaction relates is a
non-metropolitan commercial television licence whose service area overlaps the
service area of one or more non-metropolitan commercial licences-the Tribunal
is satisfied, having regard to the need to avoid undue concentration of
influence, whether direct or indirect, on the companies holding those
licences, that approval of the transaction should be refused in whole or in
part insofar as it affects the applicant;
then, subject to this section, the Tribunal:
(d) where paragraph (a) applies by reason that, if the application were an
application of a kind referred to in that paragraph, the Tribunal would be
required to refuse the application by reason of the operation of subparagraph
89A (8) (d) (ii) or (iii)-shall refuse approval of the whole transaction in so
far as it affects the applicant;
(e) where paragraph (a) applies otherwise than as described in paragraph
(d)
or where paragraph (b) applies-may refuse approval of the whole transaction in
so far as it affects the applicant; or
(f) where paragraph (c) applies-shall, as the case requires:
(i) refuse approval of the transaction, in so far as it affects the
applicant, to the extent that it relates to specified interests or interests
of a specified amount, and approve the remainder of the transaction in so far
as it affects the applicant; or
(ii) refuse approval of the whole transaction in so far as it
affects
the applicant.
(4) This subsection applies in relation to a person, in relation to a
transaction, if:
(a) the person is a prescribed party, within the meaning of section 92F,
to
the transaction;
(b) as a result of the transaction, the person will become, or has become,
as the case requires, the legal owner of shares in:
(i) the company holding the licence to which the transaction relates
(in this subsection referred to as the 'licensee'); or
(ii) another company that is the legal owner of shares in the
licensee
and is, by reason only of that shareholding, deemed, by virtue of subsection
89K (1), to be in a position to exercise control of the licensee; and
(c) by reason only of his being the holder of the first-mentioned shares,
together with any other shares in the licensee or in that other company of
which he is the legal owner, the person will be, or is, as the case requires,
deemed, by virtue of subsection 89K (1), to be in a position to exercise
control of the licensee or of that other company.
(4A) Where:
(a) an application in relation to a transaction has been made in
accordance
with section 92F by a person who is not a prescribed party to the transaction
within the meaning of that section; and
(b) the Tribunal refuses approval of the transaction in whole or in part
in
so far as it affects a person who is such a prescribed party;
the Tribunal may dispense with consideration of the application to the extent
that it relates to interests attributable to the whole or that part, as the
case may be, of the transaction.
(5) Where the Tribunal grants approval in relation to a transaction under
subsection (1) or subparagraph (2) (f) (i) in pursuance of an application
lodged in accordance with paragraph 92F (3) (b), the approval may be made
subject to the condition that, if the transaction does not take place before a
specified date, the approval ceases to have effect on that date.
(9) Where an inquiry held in relation to a transaction is joined in
accordance with the regulations with an inquiry into a renewal of a licence,
the following provisions have effect in relation to the inquiry to the extent
that it relates to the renewal of the licence:
(a) if an application for renewal of the licence has not been lodged with
the Tribunal under subsection 86 (1), the Tribunal shall, by notice in writing
served on the licensee, require the licensee to lodge an application under
that subsection within the period specified in the notice, not being less than
21 days after the service of the notice, and the licensee shall comply with
the requirement;
(e) in determining whether the circumstances justify the Tribunal in
specifying a period of less than 3 years for the purposes of subsection 87
(2), the Tribunal may take into account the effect that the transaction will
have, or has had, as the case requires, or the effect that any other
transaction that the Tribunal has reason to believe is likely to take place
will have, on the ownership or control, whether direct or indirect, of the
licensee.
(10) Where a transaction, being a transaction in relation to which section
92F applies to a person who is a party to the transaction, takes place:
(a) after notice is served on the person under subsection (2) refusing
approval of the transaction in whole or in part; or
(b) after approval of the transaction in whole or in part ceases to have
effect in pursuance of a condition imposed under subsection (5);
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 person holds shareholding interests, voting interests of a
particular kind, or financial interests, (not being, in a case to which
paragraph (a) applies, shareholding, voting or financial interests in respect
of which approval has been granted under this section) in the company to which
the transaction relates exceeding in amount or proportion the shareholding
interests, the voting interests of that kind, or the financial interests, as
the case may be, (if any) that the person had in that company immediately
before the transaction took place.
(11) Where:
(a) an application is lodged by a person under subsection 92F (7A) in
relation to a transaction;
(b) a notice is served on the person under subsection (2) refusing
approval
of the transaction in whole or in part; and
(c) after the expiration of the period of 6 months after the date of
service
of the notice or such longer period as the Tribunal, on application, allows by
notice in writing served on the person within that period of 6 months, the
person holds shareholding interests, voting interests of a particular kind, or
financial interests, in the company to which the transaction relates exceeding
in amount or proportion:
(i) where approval of the whole of the transaction is refused-the
shareholding interests, the voting interests of that kind, or the financial
interests, as the case may be, (if any) that the person had in that company
immediately before the transaction took place; or
(ii) where approval of part of the transaction is refused-the
shareholding interests, the voting interests of that kind, or the financial
interests, as the case may be, (if any) that the person had in that company
immediately before the transaction took place together with the shareholding
interests, voting interests of that kind, or financial interests, as the case
may be, in respect of which approval is granted;
the person is guilty of a separate offence in respect of each day (including
the day of a conviction under this subsection or a subsequent day) during
which he so holds those shareholding interests or interests.
(12) A reference in this section to the proportion of a person's interests
in a company has the same meaning as in section 92F.
(13) The Tribunal shall not approve a transaction in relation to which
section 92F applies except as provided by this section.
BROADCASTING ACT 1942 - SUBDIVISION D
Subdivision D-Miscellaneous
BROADCASTING ACT 1942 - SECT 92FA
Changes in memorandum or articles of association of licensee
SECT
92FA.(1) A licence is subject to a condition that a change in the memorandum
or articles of association of the company holding the licence will not take
place without the approval of the Tribunal.
(2) A purported change in the memorandum or articles of association of a
company holding a licence is, except for the purposes of determining whether
the company has breached the condition referred to in subsection (1), of no
effect unless the Tribunal approves the change.
(2A) Where the Tribunal approves a change in the memorandum or articles of
association of a company under subsection (2), the change commences to have
effect on:
(a) the day on which the change would, but for this subsection, take
effect;
or
(b) the day on which the Tribunal approves the change;
whichever is the later.
(3) The Tribunal shall grant its approval under this section unless it is
satisfied that it is desirable in the public interest not to do so for reasons
related to the holding of a licence by the company.
(4) Subsections (1) and (2) do not apply in relation to a change in the
articles of association of a company for the purpose of complying with the
condition specified in section 92G.
BROADCASTING ACT 1942 - SECT 92G
Articles to contain certain provisions
SECT
92G.(1) A licence is subject to a condition that the articles of association
of the company holding the licence will at all times contain:
(a) provisions under which a person is not eligible to become, or to
continue to be, the holder of shares in the company where, by reason of his
holding those shares and of any other relevant circumstances:
(i) he or some other person would contravene section 92 or 92JB; or
(ii) there would be a contravention of a condition specified in
section 92D;
(b) provisions under which the company may secure the disposal of shares
held by a person to the extent necessary to prevent the continuance of a
contravention of the provisions referred to in paragraph (a) or of shares held
by a person who refuses or fails to furnish a statutory declaration as
required under the provisions referred to in paragraph (d);
(c) provisions under which a person seeking to become the holder of shares
in the company is required to present to the company a statutory declaration
made by him or, where the person is a company, made by a competent officer
thereof:
(i) stating whether the shares will be held by the person
beneficially
and, if not, who will have beneficial interests in the shares; and
(ii) stating whether the person, or any person who will have a
beneficial interest in the shares, has a prescribed interest, within the
meaning of this Part, in a licence held by any other company, and giving
particulars of any such prescribed interest; and
(d) provisions under which a person holding shares in the company may be
required by the company, from time to time, to furnish to the company
statutory declarations concerning matters relevant to his eligibility to
continue to be the holder of those shares, having regard to the provisions
referred to in paragraph (a).
(2) Where the Tribunal, by instrument in writing, approves any provisions of
the articles of association of a company holding or applying for a licence as
complying substantially with the requirements of this section, those
provisions shall be deemed to comply with those requirements.
(3) A licence shall not be granted unless the articles of association of the
company concerned will, upon the grant of the licence, comply with the
condition specified in subsection (1).
(4) A licence is subject to a condition that the company and the directors
and officers of the company, will take reasonable measures to enforce the
provisions of the articles containing the provisions referred to in subsection
(1).
BROADCASTING ACT 1942 - SECT 92H
Condition as to statutory declarations
SECT
92H. A licence is subject to a condition that the Chairman of Directors of
the licensee or another director approved by the Tribunal, and the person
holding or acting in the office of manager of the licensee or the person
holding or acting in the office of secretary of the licensee, will make and
lodge with the Tribunal, not less than 4 weeks, and not more than 6 weeks,
before the end of each year of the currency of the licence, statutory
declarations, made on the same day, in respect of the period that commenced on
the day next following the end of the period in respect of which the last
declarations under this section, or the section for which this section was
substituted, were made (or, in the case of the first declarations under this
section in relation to a licence, that commenced on the day on which the
licence was granted) and ended on the day next preceding the day on which the
declarations are made, stating, in the case of each declarant:
(a) whether, to the best of his or her knowledge and belief, there has
been,
at any time during that period, any contravention of section 92 in relation to
licences that include that licence, and the particulars of any such
contravention;
(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 92JB 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;
(b) the name and address of each person who, to the best of his or her
knowledge and belief, has had, at any time during that period, a prescribed
interest in the licence and particulars of every such prescribed interest;
(c) whether, to the best of his or her knowledge and belief, the
conditions
specified in section 92D have been complied with at all times during that
period, and the particulars of any contravention of that condition; and
(d) what steps he or she has taken to ascertain the matters referred to in
the declaration.
BROADCASTING ACT 1942 - SECT 92J
Trusts not valid unless notified
SECT
92J.(1) For the purpose of facilitating the enforcement of this Division,
where a trust is or has been created, by writing (other than a will) or
orally, of a share in, or debenture of, a company, and that company is the
holder of a licence, the trust is not, and shall be deemed not to have been,
valid for any purpose after the expiration of a period of 3 months after the
prescribed date unless, before the expiration of that period, notice of the
existence and nature of the trust and of the name of the beneficiary was or is
given in writing to the company.
(2) The prescribed date for the purposes of subsection (1) is:
(b) the date of creation of the trust; or
(c) the date of the grant of the licence;
whichever is the later.
(3) This section extends to a trust created by a person before that person
became or becomes the owner of the share or debenture, and in such a case the
trust shall, for the purposes of this section, be deemed to be or to have been
created at the time at which that person became or becomes the owner of the
share or debenture.
(4) Nothing in this section shall be taken to render valid as against a
company a trust of shares in, or debentures of, the company that would not
have been valid as against the company if this section had not been enacted.
(5) A company to which a notice is given for the purposes of this section
shall forthwith acknowledge in writing the receipt of the notice.
BROADCASTING ACT 1942 - DIVISION 3A
Division 3A-Cross media rules
BROADCASTING ACT 1942 - SECT 92JB
Limitations on cross media interests
SECT
92JB.(1) A person contravenes this section if and so long as:
(a) the person has a prescribed interest in a commercial television
licence;
(b) the person has a prescribed interest in a commercial radio licence;
and
(c) the 2 licences have a substantial market in common.
(2) 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 a newspaper that is associated
with the service area of the commercial television licence.
(3) A person contravenes this section if and so long as:
(a) the person has a prescribed interest in a commercial radio licence;
and
(b) the person has a prescribed interest in a newspaper that is associated
with the service area of the commercial radio licence.
(4) For the purposes of subsection (1), a person shall be taken to have a
prescribed interest in a commercial television licence if and only if the
person would have a prescribed interest in the licence were the references in
subsection 89F (2) to 5% references to 15%.
(5) A person who contravenes this section otherwise than as a result of a
transaction in relation to which section 90J or 92F or subsection (10) 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.
(6) 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.
(7) Subsections 90C (5B), (5C), (5D) and (5E) apply in relation to a
contravention of this section as a result of a transaction in relation to
which section 90J applies whether the transaction takes place before or after
the commencement of this section.
(8) Subsections 90C (5B), (5C), (5D) and (5E) apply, for the purposes of
subsection (6) of this section, in relation to a transaction that took place
during the relevant transition period 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
end of the relevant transition period; and
(b) references in those subsections 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 end of the relevant transition period.
(9) 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.
(10) Subsections 92 (4B), (4C), (4D) and (4E) apply in relation to a
contravention of this section as a result of a transaction in relation to
which section 92F applies whether the transaction resulting in the
contravention takes place before or after the commencement of this section.
(11) Subsections 92 (4B), (4C), (4D) and (4E) apply, for the purposes of
subsection (9) of this section, in relation to a transaction that took place
during the relevant transition period 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
end of the relevant transition period; 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 end of the relevant transition period.
(12) 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 92JC 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.
(13) Where a person contravenes this section as a result of a transaction,
being a transaction in relation to which subsection (12) 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 92JC 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 92JC (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 during the relevant transition
period-the period of 6 months after the end of the relevant transition period;
or
(ii) if the transaction takes place after the end of the relevant
transition period-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.
(14) A person may apply to the Tribunal for an extension of the period
referred to in subsection (13):
(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 92JC as soon as
practicable
after becoming aware of the contravention.
(15) For the purposes of subsections (6), (9), (12) and (13), where a single
transaction results in a person having a prescribed interest in 2 or more of
the following:
(a) a newspaper;
(b) a commercial radio licence;
(c) a commercial television licence;
the person shall be taken to have first acquired the prescribed interest (if
any) in the newspaper, then the prescribed interest (if any) in the commercial
radio licence and finally the prescribed interest (if any) in the commercial
television licence.
(16) In this section:
'relevant transition period', in relation to a contravention of this
section, means:
(a) in the case of a contravention by virtue of subsection (1)-the period
commencing on 29 October 1987 and ending immediately before the commencement
of this section;
(b) in the case of a contravention by virtue of subsection (2)-the period
commencing on 28 November 1986 and ending on 30 June 1987; and
(c) in the case of a contravention by virtue of subsection (3)-the period
commencing on 29 October 1987 and ending immediately before the commencement
of this section.
BROADCASTING ACT 1942 - SECT 92JC
Person having prescribed interest in commercial licence to notify Tribunal of
prescribed interest in associated newspaper
SECT
92JC.(1) A person who has a prescribed interest in a commercial 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) A notice under subsection (1) shall be given:
(a) if the acquisition occurs during the relevant transition period-not
more
than 28 days after the end of the relevant transition period; or
(b) if the acquisition occurs after the end of the relevant transition
period-not more than 28 days after the acquisition occurs.
(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.
(4) In this section:
'relevant transition period' means:
(a) in relation to a notice under subsection (1) in relation to a
commercial
television licence-the period commencing on 28 November 1986 and ending on 30
June 1987; or
(b) in relation to a notice under subsection (1) in relation to a
commercial radio licence-the period commencing on 29 October 1987 and ending
immediately before the commencement of this section.
BROADCASTING ACT 1942 - SECT 92JD
Limitations on cross media directorships
SECT
92JD.(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;
(b) the person is also a director of another company that is in a position
to exercise control of a commercial radio licence; and
(c) the 2 licences have a substantial market in common.
(2) 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 publisher of a newspaper that is associated with the service
area of the commercial television licence; or
(ii) a director of another company that is in a position to exercise
control of a newspaper that is associated with the service area of the
commercial television licence.
(3) 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 radio licence; and
(b) the person is also:
(i) a publisher of a newspaper that is associated with the service
area of the commercial radio licence; or
(ii) a director of another company that is in a position to exercise
control of a newspaper that is associated with the service area of the
commercial radio licence.
(4) 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.
BROADCASTING ACT 1942 - DIVISION 4
Division 4-Enforcement of Limitations on Ownership and
Control of Commercial Licences
BROADCASTING ACT 1942 - SECT 92L
Interpretation
SECT
92L. In this Division:
'transaction' has the same meaning as in Division 2 or 3, as the case
requires.
BROADCASTING ACT 1942 - SECT 92M
Directions to protect licensee
SECT
92M.(1) At any time after a transaction takes place, being a transaction in
relation to which section 90J or 92F applies, the Tribunal may, by notice in
writing served on:
(a) a person who is a prescribed party to the transaction within the
meaning
of that section;
(b) a person, being the company holding the licence to which the
transaction
relates; or
(c) a person who is in a position to control that company;
give such directions to the person as it thinks fit for the purpose of
preventing the person or any servant or agent of the person from doing any act
or thing likely to have an adverse effect on:
(d) the ability of the company holding the licence to comply with the
conditions of the licence; or
(e) the operations of the licensee in providing the service pursuant to
the
licence or the selection or provision of the programs to be broadcast pursuant
to the licence.
(2) A person who contravenes or fails to comply with a direction served on
him under 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 contravention or failure continues.
(3) The powers to give directions under this section include the power to
direct a person to do or refrain from doing a specified act.
(4) In this section:
(a) a reference to the ability of the company holding a licence to comply
with the conditions of the licence includes a reference to the ability of the
company to comply with the conditions of an MCS permit held by the company in
respect of the licence;
(b) a reference to the operations of a licensee in providing a service
pursuant to a licence includes a reference to the operations of the licensee
in providing a service pursuant to an MCS permit held by the licensee in
respect of the licence; and
(c) a reference to the selection or provision of the programs to be
broadcast pursuant to a licence includes a reference to the selection or
provision of the programs to be broadcast pursuant to an MCS permit held by
the licensee in respect of the licence.
BROADCASTING ACT 1942 - SECT 92N
Directions for divestiture
SECT
92N.(1) Subject to subsection (2), where the Tribunal is satisfied that a
person is the holder of interests in a company in contravention of section
90C, 90JA, 92, 92FAA or 92JB, it may, by notice in writing served on the
person, do either or both of the following:
(a) give such directions as it thinks necessary to ensure that the person
ceases to hold interests in that company in contravention of that section;
(b) give such directions as it thinks necessary to prohibit the person
from
disposing of those interests, or any interests derived from or related to
those interests, to a specified person or persons included in a specified
class of persons.
(2) Directions given under paragraph (1) (a) do not take effect during any
period during which the contravention referred to in subsection (1) cannot
constitute an offence.
(3) A person who contravenes or fails to comply with a direction made under
paragraph (1) (a) 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 or failure continues.
(4) A person who contravenes a direction made under paragraph (1) (b) is
guilty of an offence.
(5) The powers to give directions under this section include the power to
direct a person to do or refrain from doing a specified act.
BROADCASTING ACT 1942 - SECT 92P
Powers of Federal Court of Australia
SECT
92P.(1) On the application of the Tribunal, the Federal Court of Australia
may make such order or orders as it thinks necessary or expedient:
(a) for the purpose of preventing, or of preventing a continuation of, a
contravention of section 90C, 90JA, 92 or 92FAA arising out of a transaction
referred to in that section;
(aa) for the purpose of preventing, or of preventing a continuation of, a
contravention of section 92JB; or
(b) for the purpose of the enforcement of a direction of the Tribunal made
under section 92M or 92N.
(2) A reference in paragraph (1) (a) to a contravention of a particular
section does not include a reference to a contravention of that section during
any period during which the contravention cannot constitute an offence.
(3) Orders may be made under subsection (1) whether or not any other
proceedings have been or are to be instituted.
(4) Without limiting the generality of subsection (1), orders made for the
purpose referred to in paragraph (1) (a) may include:
(a) orders directing the disposal of any interest in a company;
(b) orders prohibiting the acquisition of, or the creation of, an interest
in a company; and
(c) orders prohibiting the disposal of an interest in a company to a
specified person or to a person included in a specified class of persons.
(5) Without limiting the generality of subsection (1), orders made for the
purposes of paragraph (1) (b), where a person has contravened or failed to
comply with a direction of the Tribunal made under section 92M, may include:
(a) orders directing the person, or any other person, to do or refrain
from
doing specified acts, for the purpose of preventing, remedying or ameliorating
any circumstances arising out of the contravention or failure; and
(b) orders directing that, where a person other than the first-mentioned
person does or refrains from doing an act in accordance with an order referred
to in paragraph (a), the first-mentioned person is to pay, or reimburse that
other person, as the case may be, the whole or a specified part of the cost
incurred by that other person.
(6) Where in the opinion of the Court it is desirable to do so, the Court
may grant an interim order pending determination of an application under
subsection (1).
(7) In addition to any other powers conferred by this section, the Court:
(a) has power, for the purpose of securing compliance with any other order
made under this section, to make an order directing any person to do or
refrain from doing a specified act; and
(b) has power to make an order containing such ancillary or consequential
provisions as the Court thinks just.
(8) The Court may by order, rescind, vary or discharge an order made by it
under this section or suspend the operation of such an order.
BROADCASTING ACT 1942 - SECT 92Q
Defences
SECT
92Q. It is a defence to a prosecution for a contravention of section 90C,
90F, 90J, 90JA, 92, 92C, 92F, 92FAA, 92JB, 92JC or 92JD if the defendant
satisfies the Court that:
(a) the contravention arose by reason of circumstances beyond his control
or
through inadvertence; and
(b) as soon as practicable after becoming aware of the contravention, he
took all reasonable steps with a view to causing the contravention to cease.
BROADCASTING ACT 1942 - SECT 92R
Prosecutions
SECT
92R.(1) An offence against a provision of Division 2, 3 or 3A or this
Division may be prosecuted at any time.
(2) A prosecution for such an offence shall be brought only in the Federal
Court of Australia.
(3) Jurisdiction is conferred on the Federal Court of Australia to hear and
determine prosecutions so brought.
(4) Proceedings in the Federal Court of Australia in accordance with this
section shall not be instituted except with the consent in writing of the
Attorney-General or of a person authorized by the Attorney-General, by writing
signed by him, to give such consents.
BROADCASTING ACT 1942 - SECT 92S
Penalties
SECT
92S.(1) An offence against section 90C, 92 or 92JB is punishable on
conviction:
(a) if the offender is a natural person-by a fine not exceeding $1,000; or
(b) if the offender is a body corporate-by a fine not exceeding $5,000.
(2) An offence against subsection 89Q (6) or section 89X, 90F, 90J, 90JA,
92C, 92F, 92FAA, 92JC, 92JD or 92M or subsection 92N (3) is punishable on
conviction:
(a) if the offender is a natural person-by a fine not exceeding $1,000; or
(b) if the offender is a body corporate-by a fine not exceeding $2,000.
BROADCASTING ACT 1942 - SECT 92T
Joinder of charges and penalties for certain offences
SECT
92T.(1) Charges against the same person for any number of offences against a
provision of this Part may be joined in the same summons if those offences
relate to doing or failing to do the same act or thing.
(2) If a person is convicted of 2 or more offences referred to in subsection
(1), being offences related to doing or failing to do the same act or thing,
the Court may impose one penalty in respect of both or all of those offences
but that penalty shall not exceed the sum of the maximum penalties that could
be imposed if a penalty were imposed in respect of each offence separately.
BROADCASTING ACT 1942 - SECT 92U
Continuing obligations
SECT
92U. Where, by or under a provision of this Part, an act or thing is
required to be done within a particular period, the obligation to do that act
or thing continues, notwithstanding that that period has expired, until that
act or thing is done.
BROADCASTING ACT 1942 - DIVISION 5
Division 5-Ownership and Control of Remote Licences and
Limited Licences
BROADCASTING ACT 1942 - SECT 92UA
Interpretation
SECT
92UA. In this Division:
'foreign person' has the same meaning as in section 92D;
'interest' means an interest of any kind, whether direct or indirect, and
includes a shareholding interest, a voting interest and a financial interest.
BROADCASTING ACT 1942 - SECT 92V
Orders relating to ownership, control etc. of remote licences
SECT
92V.(1) The Tribunal may make orders under section 17 for and in relation
to:
(a) the ownership of remote licences;
(b) the holding of interests in the holders of remote licences; and
(c) the exercise of control of, or influence on, the holders, or the
operations of the holders, of remote licences.
(2) Without limiting the generality of subsection (1), the Tribunal may make
orders under section 17 with respect to:
(a) the number of remote licences, or of remote licences of a particular
kind, that may be held by a person or in the holders of which a person may
have an interest;
(b) the interests that a person may have in the holder of a remote
licence;
(c) the number of directorships that a person may hold in companies having
interests in the holder of a remote licence;
(d) the approval of the Tribunal of transactions involving the acquisition
of interests in the holder of a remote licence;
(e) the provisions to be contained in the memorandum and articles of
association of the holder of a remote licence; and
(f) changes to the memorandum or articles of association of the holder of
a
remote licence.
(3) In making orders for the purposes of this section, the Tribunal shall
have regard to undesirability of the exercise of undue influence by foreign
persons on the operations of the holders of remote licences.
BROADCASTING ACT 1942 - SECT 92VA
Orders relating to ownership, control etc. of limited licences
SECT
92VA.(1) The Tribunal may make orders under section 17 for or in relation
to:
(a) the ownership of limited licences;
(b) the holding of interests in the holders of limited licences; and
(c) the exercise of control of, or influence on, the holders, or the
operations of the holders, of limited licences.
(2) Without limiting subsection (1), the Tribunal may make orders under
section 17 with respect to:
(a) the number of limited licences, or of limited licences of a particular
kind, that may be held by a person or in the holders of which a person may
have an interest;
(b) the interests that a person may have in the holder of a limited
licence;
(c) the number of directorships that a person may hold in companies having
interests in the holders of limited licences that are companies;
(d) the approval of the Tribunal of transactions involving the acquisition
of interests in the holder of a limited licence;
(e) the provisions to be contained in the constituent documents of the
holder of a limited licence; and
(f) changes to the constituent documents of the holder of a limited
licence.
(3) In making orders for the purposes of this section the Tribunal shall
have regard to the undesirability of the exercise of undue influence by
foreign persons on the operations of the holders of limited licences.
BROADCASTING ACT 1942 - DIVISION 6
Division 6-Ownership and control of public licences
BROADCASTING ACT 1942 - SECT 92X
Interpretation
SECT
92X. (2) For the purposes of this Act, a person shall be deemed to be in a
position to exercise control of a public licence if the person is:
(a) in a position to exercise control of the corporation that holds the
licence; or
(b) 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 programs to be broadcast pursuant
to the licence.
(3) For the purposes of this Act, a person shall be deemed (but not to the
exclusion of any other person) to be in a position to exercise control of a
corporation if the person is, in the opinion of the Tribunal, in a position to
exercise control of the corporation.
(4) Paragraph (2) (b) does not apply to a person in relation to a public
licence:
(a) in the case of a person sponsoring a program or programs under an
agreement made in the ordinary course of business-by reason only of the
person's rights in respect of that program or those programs or of the fact
that the person has, under a contract relating to the person's sponsorship of
that program or those programs, rights that are reasonably necessary to ensure
to the person the full commercial benefit of that sponsorship; or
(b) in the case of a person carrying on the business of supplying
programs-by reason only of the person's rights under a contract for the supply
by the person 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 the person's commercial interests as a supplier of
programs.
BROADCASTING ACT 1942 - SECT 92Y
Ownership and control of public licences
SECT
92Y. The ownership and control of public licences is governed by subsections
83C (4) and 86E (4), section 88B, subsections 89C (2) and (3) and section 92Z.
BROADCASTING ACT 1942 - SECT 92Z
Changes to constituent documents
SECT
92Z. A public licence is subject to a condition that the corporation holding
a licence will give the Tribunal notice in writing of any change to the
constituent documents of the corporation within 28 days after the day on which
the change takes effect.
BROADCASTING ACT 1942 - DIVISION 7
Division 7-Grandfathering provisions
BROADCASTING ACT 1942 - SUBDIVISION A
Subdivision A-Preliminary
BROADCASTING ACT 1942 - SECT 92ZA
Interpretation
SECT
92ZA.(1) A reference in this Division 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.
(2) Section 89N applies in calculating a person's shareholding interest
percentage in a company for the purposes of this Division, but section 89K
does not apply in calculating that percentage.
(3) A reference in this Division 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.
(4) Where a licence (in this subsection called the 'new system licence') is,
or has at any time been, granted to a person under section 99 or 99A of the
Broadcasting and Television Amendment Act 1985 in substitution for another
licence or other licences (in this subsection called the 'old system licence
or licences'), the following provisions have effect for the purposes of the
application of this Division at any time after the grant of the new system
licence:
(a) the person shall be taken to have held the new system licence at all
times when the person held the old system licence or any of the old system
licences;
(b) if the new system licence is a commercial television licence-any
number
specified in a notice under section 91AAD as the population of the service
area of the old system commercial television station licence for which the new
system licence was substituted shall also be taken to have been specified in
that notice in relation to the new system licence;
(c) if:
(i) immediately before the grant of the new system licence, a
declaration (in this paragraph called the 'first declaration') under section
89T was in force in relation to a pair of licences that consists of:
(A) the old system licence or one of the old system licences;
and
(B) another licence (in this paragraph called the 'paired
licence'); and
(ii) on the grant of the new system licence, a declaration (in this
paragraph called the 'second declaration') under section 89T is or was made in
relation to a pair of licences that consists of:
(A) the new system licence; and
(B) the paired licence or a licence substituted for the paired
licence;
the second declaration shall be taken to have been in force throughout the
period that commenced on the day on which the first declaration was made and
ended immediately before the grant of the new system licence.
(4A) The reference in sub-subparagraph (4) (c) (ii) (B) to a licence
substituted for the paired licence is a reference to a licence granted under
section 99 or 99A of the Broadcasting and Television Amendment Act 1985 in
substitution for the paired licence or for licences that included the paired
licence.
(5) 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 this Division, the second directorship shall be
taken to be part of the first directorship.
(6) For the purposes of this Division:
(a) in determining whether a person who is the publisher of a newspaper at
a
particular time was the publisher of that newspaper at an earlier time, regard
shall be had not only to the form and content of the newspaper at each time
but also to:
(i) the size and area of the circulation of the newspaper at each
time;
(ii) the means of production and distribution of the newspaper at
each
time;
(iii) the nature of the community served by the newspaper at each
time; and
(iv) any other matters of relevance; and
(b) the person shall not be taken to be the publisher of the newspaper at
the earlier time unless the publication concerned was a newspaper at the
earlier time.
(7) For the purposes of this Division:
(a) 2 commercial radio licences shall be taken to be paired under section
89T if the licences have a substantial market in common;
(b) a commercial television licence and a commercial radio licence shall
be
taken to be paired under section 89T if the licences have a substantial market
in common; and
(c) a commercial television licence, or a commercial radio licence, and a
newspaper shall be taken to be associated under section 89S if the newspaper
is associated with the service area of the licence.
(8) For the purposes of the application of sections 92ZD and 92ZE:
(a) subsections 91AAD (8) and (9) shall be disregarded; and
(b) where, after the grant of a licence, the first notice under section
91AAD in relation to the population of the service area of the licence is
published, the notice shall, in so far as it relates to the licence, be taken
to have been published at the time of the grant of the licence.
(9) For the purposes of paragraphs 92ZI (3) (a), (c) and (e) and 92ZJ (3)
(a), subsection 89S (8) shall be disregarded.
(10) For the purposes of paragraphs 92ZK (2) (c), (d) and (e) and 92ZL (2)
(h), subsection 89T (10) shall be disregarded.
BROADCASTING ACT 1942 - SUBDIVISION B
Subdivision B-Radio limits
BROADCASTING ACT 1942 - SECT 92ZB
New radio interest limits-introduced by Broadcasting (Ownership and Control)
Act 1988
SECT
92ZB.(1) A person shall not be taken to be in contravention of section 90C
by virtue of subsection 90C (2) (as in force immediately after the
commencement of subsection 6 (2) of the Broadcasting (Ownership and Control)
Act 1988) by reason only of the pairing of 2 commercial radio licences under
section 89T and one or more of the following:
(a) the holding by the person of either of the licences, where,
immediately
before 29 October 1987:
(i) the person held that licence; and
(ii) the holding of that licence did not result in a contravention
by
the person of section 90C by virtue of paragraph 90C (1) (a) (as in force at
that time);
(b) the holding by the person of interests in the company holding either
of
the licences or the existence of other circumstances, where, immediately
before 29 October 1987:
(i) the person held those interests in the company and the company
held the licence, or the other circumstances existed; and
(ii) the holding of those interests or the existence of those
circumstances did not result in a contravention by the person of section 90C
by virtue of paragraph 90C (1) (a) (as in force at that time);
(c) the holding by the person of interests in the company holding either
of
the licences, where:
(i) the interests resulted from the allotment or issue, on or after
29
October 1987, of shares in, or debentures of, a company to a person who,
immediately before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 29 October 1987, the first-mentioned
company
held the licence.
(2) A person shall not be taken to be in contravention of section 90C by
virtue of subsection 90C (2A) in relation to a number of commercial radio
licences by reason only of one or more of the following:
(a) the holding by the person of any of the licences, where:
(i) immediately before 29 October 1987, the person held that
licence;
and
(ii) either:
(A) the holding of that licence, immediately before 29 October
1987, did not result in a contravention by the person of section 90C by virtue
of paragraph 90C (1) (c) (as in force at that time); or
(B) on or after 29 October 1987, action has been taken that, if
it had been taken before that day, would have caused the holding of that
licence not to result in such a contravention;
(b) the holding by the person of interests in a company holding any of the
licences or the existence of other circumstances, where:
(i) immediately before 29 October 1987, the person held those
interests in the company and the company held the licence, or the other
circumstances existed; and
(ii) either:
(A) the holding of those interests or the existence of those
circumstances did not result in a contravention by the person of section 90C
by virtue of paragraph 90C (1) (c) (as in force at
that time); or
(B) on or after 29 October 1987, action has been taken that, 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 a company holding any of the
licences, where:
(i) the interests resulted from the allotment or issue, on or after
29
October 1987, of shares in, or debentures of, a company to a person who,
immediately before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 29 October 1987, the first-mentioned
company
held the licence.
(3) A person shall not be taken to be in contravention of section 90C by
virtue of subsection 90C (2) (as in force immediately after the commencement
of subsection 6 (2) of the Broadcasting (Ownership and Control) Act 1988) by
reason only of the pairing of 2 commercial radio licences under section 89T
and one or more of the following:
(a) the holding by the person of either of the licences, where,
immediately
before the day on which the licences became paired under section 89T, the
person held that licence;
(b) the holding by the person of interests in the company holding either
of
the licences or the existence of other circumstances, where, immediately
before the day on which the licences became paired under section 89T:
(i) the person held those interests in the company and the company
held the licence; or
(ii) the other circumstances existed;
(c) the holding by the person of interests in the company holding either
of
the licences, where:
(i) the interests resulted from the allotment or issue, on or after
the day on which the licences became paired under section 89T, of shares in,
or debentures of, a company to a person who, immediately before that day, held
shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before the day on which the licences became paired
under section 89T, the first-mentioned company held the licence.
(3A) Subsection (3) does not apply to the pairing of 2 commercial radio
licences under section 89T if, immediately before 29 October 1987, both the
licences were metropolitan commercial radio licences in the same State.
(4) Where, in a notice under subsection 89T (2) in relation to 2 commercial
radio licences, the Minister includes a declaration under subsection 89T (8)
that a period is a notional pairing period in relation to the licences,
subsection (3) of this section applies, in relation to the pairing of the
licences under section 89T concerned, as if the references in that subsection
to the day on which the licences became paired under section 89T were
references to the first day of the notional pairing period.
(5) Where:
(a) paragraph (1) (b), (2) (b) or (3) (b) applies; and
(b) the person referred to in that paragraph became the holder of an
interest in the company holding any of the licences concerned on or after:
(i) where paragraph (1) (b) or (2) (b) applies-29 October 1987; or
(ii) where paragraph (3) (b) applies-the day on which the licences
referred to in that paragraph became paired under section 89T or, where
subsection (4) applies, the first day of the notional pairing period referred
to in that subsection;
subsection (1), (2) or (3), as the case requires, does not apply in relation
to the person in relation to:
(c) in the case of subsection (1) or (3)-the pairing of the licences under
section 89T concerned; or
(d) in the case of subsection (2)-the number of licences concerned;
if and so long as the person is the holder of the interest.
(6) The operation of subsection (5) is not affected by the fact that on or
after the day referred to in subparagraph (5) (b) (i) or (ii) 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.
(7) Where:
(a) but for this subsection, subsection (5) would apply in relation to the
person;
(b) immediately before the day referred to in subparagraph (5) (b) (i) or
(ii) (which day is in this subsection called the 'grandfathering day'), the
person held a shareholding interest in the company (in this subsection called
the 'licensee company') holding the commercial radio licence;
(c) the person held that interest because the person held a direct
shareholding interest in a company (in this subsection called the 'intervening
company') other than the licensee company;
(d) the intervening company became or becomes, on or after the
grandfathering 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
(e) the person became or becomes, because of the circumstances referred to
in paragraph (d), the holder of a further interest (whether a shareholding
interest or another interest) in the licensee company;
subsection (5) does not apply in relation to the person by reason only of the
holding by the person of the interest referred to in paragraph (e) of this
subsection if and so long as:
(f) the person's shareholding interest percentage in the licensee company
is
not greater than:
(i) the percentage that was the person's shareholding interest
percentage in that company immediately before the grandfathering day; or
(ii) if, at any time on or after the grandfathering day, the
person'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
(g) the person is not in a position to exercise greater control of the
licensee company than the person was able to exercise immediately before the
grandfathering day.
BROADCASTING ACT 1942 - SECT 92ZC
New radio directorship limits-introduced by Broadcasting (Ownership and
Control) Act 1988
SECT
92ZC.(1) A person shall not be taken to be in contravention of section 90F
by virtue of subsection 90F (1AA) (as in force immediately after the
commencement of subsection 7 (2) of the Broadcasting (Ownership and Control)
Act 1988 ) by reason of holding directorships in 2 or more companies that are,
between them, in a position to exercise control of each of a pair of
commercial radio licences that are paired under section 89T, where:
(a) immediately before 29 October 1987, the person held the directorships
and the companies were, between them, in a position to exercise control of
each of the pair of licences; and
(b) either:
(i) the holding of those directorships, immediately before 29
October
1987, did not result in a contravention of section 90F by virtue of paragraph
90F (1) (a) (as in force at that time); or
(ii) on or after 29 October 1987, action has been taken that, if it
had been taken before that day, would have caused the holding of those
directorships not to result in such a contravention.
(2) A person shall not be taken to be in contravention of section 90F by
virtue of subsection 90F (1AB) by reason of holding directorships in 2 or more
companies that are, between them, in a position to exercise control of each of
a number of commercial radio licences, where:
(a) immediately before 29 October 1987, the person held the directorships
and the companies were, between them, in a position to exercise control of
each of the number of licences; and
(b) either:
(i) the holding of those directorships, immediately before 29
October
1987, did not result in a contravention of section 90F by virtue of paragraph
90F (1) (c) (as in force at that time); or
(ii) on or after 29 October 1987, action has been taken that, if it
had been taken before that day, would have caused the holding of those
directorships not to result in such a contravention.
(3) A person shall not be taken to be in contravention of section 90F by
virtue of subsection 90F (1AA) (as in force immediately after the commencement
of subsection 7 (2) of the Broadcasting (Ownership and Control) Act 1988) by
reason of holding directorships in 2 or more companies that are, between them,
in a position to exercise control of each of a pair of commercial radio
licences that are paired under section 89T, where:
(a) the person held the directorships; and
(b) the companies were, between them, in a position to exercise control of
each of the pair of licences;
immediately before the day on which the licences became paired under section
89T.
(3A) Subsection (3) does not apply in relation to a pair of commercial radio
licences if, immediately before 29 October 1987, both the licences were
metropolitan commercial radio licences in the same State.
(4) Where, in a notice under subsection 89T (2) in relation to 2 commercial
radio licences, the Minister includes a declaration under subsection 89T (8)
that a period is a notional pairing period in relation to the licences,
subsection (3) of this section applies, in relation to the pairing of the
licences under section 89T concerned, as if the reference in that subsection
to the day on which the licences became paired under section 89T were a
reference to the first day of the notional pairing period.
(5) Where, but for subsection 92ZB (1) or (3), a company would contravene
section 90C by virtue of subsection 90C (2) (as in force immediately after the
commencement of subsection 6 (2) of the Broadcasting (Ownership and Control)
Act 1988), a person does not contravene section 90F by virtue of subsection
90F (1AA) (as in force immediately after the commencement of subsection 7 (2)
of the Broadcasting (Ownership and Control) Act 1988) 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.
(6) Where, but for subsection 92ZB (2), a company would contravene section
90C by virtue of subsection 90C (2A), a person does not contravene section 90F
by virtue of subsection 90F (1AB) 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.
BROADCASTING ACT 1942 - SUBDIVISION C
Subdivision C-Television limits
BROADCASTING ACT 1942 - SECT 92ZD
Section 92 60% interest limit-introduced by Broadcasting (Ownership and
Control) Act 1987
SECT
92ZD.(1) Where:
(a) immediately before a notice is published under section 91AAD (other
than
the first such notice), a person holds a prescribed interest in a commercial
television licence or in each of 2 or more commercial television licences;
(b) disregarding this section (other than subsection (2)), the person does
not at that time contravene section 92 by virtue of paragraph 92 (1) (a);
(c) disregarding this section (other than subsection (2)), the person
would
contravene section 92 by virtue of paragraph 92 (1) (a) immediately after the
notice is issued; and
(d) either:
(i) the notice under section 91AAD does not, in relation to the
licence or any of the licences, contain a statement that the licence is
affected by aggregation; or
(ii) except where the person holds only a prescribed interest in a
single licence:
(A) the notice under section 91AAD contains a statement that one
or more of the licences is affected by aggregation; and
(B) the person would not contravene as mentioned in paragraph
(c) if, in respect of each licence in which the person has a prescribed
interest (other than any in relation to which there is a statement in the
notice that it is affected by aggregation), the service area population,
within the meaning of section 91, were the same as it was immediately before
the notice was issued;
then, if and so long as the person continues to hold the prescribed interest
in the licence or licences, the person does not contravene section 92 by
virtue of paragraph 92 (1) (a).
(2) For the purposes of subsection (1), where:
(a) at a particular time, a person has a prescribed interest in a
commercial
television licence because the person holds an interest in the company holding
the licence;
(b) the interest resulted from the allotment or issue of shares in, or
debentures of, a company to a person who, at an earlier time, held shares in,
or debentures of, that company;
(c) that person received the shares or debentures so allotted or issued in
accordance with rights of a kind enjoyed by that person in common with other
holders of shares or debentures of the same class as the shares or debentures
that were allotted; and
(d) the company referred to in paragraph (a) held the licence at the
earlier
time;
the person shall be taken to have the prescribed interest in the licence at
the earlier time.
(3) Where, after the publication of the notice referred to in subsection
(1):
(a) if the prescribed interest in the licence or any of the licences
referred to in that subsection is the holding of an interest (other than
because of subsection (2)) in a company holding the licence-the person becomes
the holder of any interest (in this subsection called the 'disqualifying
interest') in the company; or
(b) the person becomes the holder of a prescribed interest (in this
subsection also called the 'disqualifying interest') in another licence (other
than because of subsection (2));
subsection (1) does not apply in relation to the holding by the person of the
prescribed interest in the licence or licences referred to in that subsection
if and so long as the person is the holder of the disqualifying interest.
(4) The operation of subsection (3) is not affected by the fact that, after
the publication of the notice referred to in subsection (1) and before the
person became the holder of the disqualifying interest referred to in
paragraph (3) (a), there has been a reduction in the amount of the other
interest referred to in that paragraph that was held by the person in the
company.
(5) Where:
(a) at a particular time, subsection (1) applies, or but for subsection
(3)
would apply, in relation to the holding by a person of a prescribed interest
in a licence or licences; and
(b) at a later time, an extension of the service area of the licence or
any
of the licences takes place under section 94S or 94ZH;
subsection (1) ceases to apply, or does not again commence to apply, as the
case requires, in relation to the holding by the person of the prescribed
interest in the licence or licences.
(6) Where:
(a) immediately before a notice under section 91AAD is published, a person
holds a shareholding interest in a company (in this subsection called the
'licensee company') holding a commercial television licence;
(b) the person held that interest because the person held a direct
shareholding interest in a company (in this subsection called the 'intervening
company') other than the licensee company;
(c) at any time after the publication of the notice, the intervening
company
becomes 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 person 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 person by reason only of the
holding by the person of the interest referred to in paragraph (d) of this
subsection if and so long as:
(e) the person's shareholding interest percentage in the licensee company
is
not greater than:
(i) the percentage that was the person's shareholding interest
percentage in that company immediately before the publication of the notice;
or
(ii) if, at any time after the publication of the notice, the
person'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 person is not in a position to exercise greater control of the
licensee company than the person was able to exercise immediately before the
publication of the notice.
(7) Where:
(a) immediately before the publication of a notice under section 91AAD, a
company (in this subsection called the 'holding company') is in a position to
exercise significant control over another company (in this subsection called
the 'licensee company') holding a commercial television licence; and
(b) at any time after the publication of the notice, the holding company
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 subsection (3) in relation to the holding
company;
(d) paragraph (c) does not apply in relation to the holding company if:
(i) the holding company ceases to be in a position to exercise
significant control of the licensee company; or
(ii) subsection (1) ceases to apply in relation to the holding
company;
(e) subject to paragraph (f), if immediately before the publication of the
notice, 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 subsection (3) in
relation to the person;
(f) paragraph (e) does not apply in relation to the person if:
(i) the holding company ceases to be in a position to exercise
significant control of the licensee company;
(ii) the person ceases to be in a position to exercise control of
the
holding company; or
(iii) subsection (1) ceases to apply in relation to the holding
company or in relation to the person.
(8) For the purposes of subsection (7), a company shall be deemed to be in a
position to exercise significant control of another company if, had the
references in section 89K 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.
(9) 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) immediately before the grant of the consolidated licence, a person
would, but for the application of subsection (1), contravene section 92 by
virtue of paragraph 92 (1) (a) because of holding a prescribed interest in
each of the former licences, or in each of the former licences and another
licence or licences; and
(c) immediately after the grant of the consolidated licence, the person
holds a prescribed interest in the consolidated licence;
then, after the grant of the consolidated licence, this section applies as
if:
(d) immediately before the publication of the notice referred to in the
application of subsection (1) mentioned in paragraph (b) of this subsection,
the person held the prescribed interest in the consolidated licence, instead
of a prescribed interest in each of the former licences; and
(e) the requirements of paragraphs (1) (b), (c) and (d) were satisfied in
relation to the person in relation to the notice.
BROADCASTING ACT 1942 - SECT 92ZE
Section 92C 60% directorship limit-introduced by Broadcasting (Ownership and
Control) Act 1987
SECT
92ZE.(1) Where:
(a) immediately before a notice is published under section 91AAD (other
than
the first such notice), a person is a director of 2 or more companies that
are, between them, in a position to exercise control of commercial television
licences;
(b) disregarding this section, the person does not at that time contravene
section 92C by virtue of subsection 92C (1);
(c) disregarding this section, the person would contravene subsection 92C
(1) immediately after the notice is issued; and
(d) either:
(i) the notice under section 91AAD does not, in relation to any of
the
licences, contain a statement that the licence is affected by aggregation; or
(ii) the notice under section 91AAD contains a statement that one or
more of the licences is affected by aggregation and the person would not
contravene as mentioned in paragraph (c) if, in respect of each licence
referred to in paragraph (a) (other than any in relation to which there is a
statement in the notice that it is affected by aggregation), the service area
population, within the meaning of section 91, were the same as it was
immediately before the notice was issued;
then, if and so long as the person continues to hold the directorships of the
companies, and the companies continue to be in a position to exercise control
of the licences, the person does not contravene section 92C by virtue of
subsection 92C (1).
(2) Where, after the publication of the notice:
(a) one of the companies of which the person is a director becomes in a
position to exercise control of another commercial television licence; or
(b) the person becomes a director of another company that is or that
becomes
in a position to exercise control of another commercial television licence;
subsection (1) does not apply in relation to the person if and so long as:
(c) where paragraph (a) applies-the company is in a position to exercise
control of the licence; or
(d) where paragraph (b) applies-the person is a director of the company
while the company is in a position to exercise control of the licence.
(2A) Where:
(a) at a particular time, subsection (1) applies, or but for subsection
(2)
would apply, to a person because the person is a director of 2 or more
companies that are, between them, in a position to exercise control of
commercial television licences; and
(b) at a later time, an extension of the service area of any of the
licences
takes place under section 94S or 94ZH;
subsection (1) ceases to apply, or does not again commence to apply, as the
case requires, in relation to the person's holding of those directorships.
(3) 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) immediately before the grant of the consolidated licence, a person
would, but for the application of subsection (1), contravene section 92C by
virtue of subsection 92C (1) because of being a director of 2 or more
companies that are, between them, in a position to exercise control of a
number of licences that include the former licences; and
(c) immediately after the grant of the consolidated licence, the person
is
a director of a company that is in a position to exercise control of the
consolidated licence;
then, after the grant of the consolidated licence, this section applies as
if:
(d) immediately before the publication of the notice referred to in the
application of subsection (1) mentioned in paragraph (b) of this subsection,
the person was a director of the company that is in a position to exercise
control of the consolidated licence, instead of being a director of a company
that is, or of 2 or more companies that are, between them, in a position to
exercise control of the former licences; and
(e) the requirements of paragraphs (1) (b), (c) and (d) were satisfied in
relation to the person in relation to the notice.
BROADCASTING ACT 1942 - SECT 92ZF
Section 92 MCS interest limit-introduced by Broadcasting (Ownership and
Control) Act 1987
SECT
92ZF.(1) A person shall not be taken to be in contravention of section 92 by
virtue of subsection 92 (1AA) in relation to 2 commercial television licences
by reason only of one or more of the following:
(a) the holding by the person of either of the licences, where,
immediately
before 2 June 1987:
(i) the person held that licence; and
(ii) the holding of that licence did not result in a contravention
by
the person of section 92 (as in force at that time);
(b) the holding by the person of interests in the company holding either
of
the licences or the existence of other circumstances, where:
(i) immediately before 2 June 1987, the person held those interests
in
the company and the company held the licence, or the other circumstances
existed; and
(ii) either:
(A) the holding of those interests or the existence of those
circumstances did not result in a contravention by the person of section 92
(as in force at that time); or
(B) on or after 2 June 1987, action has been taken that, 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 a company holding either of
the licences, where:
(i) the interests resulted from the allotment or issue, on or after
2
June 1987, of shares in, or debentures of, a company to a person who,
immediately before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 2 June 1987, the first-mentioned company
held
the licence.
(2) Subsection (1) does not apply in relation to a person if and so long as
the person is the holder of any interest (other than an interest referred to
in paragraph (1) (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.
(3) The operation of subsection (2) 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.
(4) Where:
(a) immediately before 2 June 1987, a person (in this subsection called
the
'shareholder') held a shareholding interest in a 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 (2) 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) of
this subsection 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.
(5) 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 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 (1) 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.
(6) Subsection (1) 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 ACT 1942 - SECT 92ZG
Section 92C MCS directorship limit-introduced by Broadcasting (Ownership and
Control) Act 1987
SECT
92ZG.(1) A person shall not be taken to be in contravention of section 92C
by virtue of subsection 92C (1AA) by reason of being:
(a) a director of a company that is in a position to exercise control of a
commercial television licence of the kind referred to in paragraph 92C (1AA)
(a); and
(b) 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;
where:
(c) the person has continued to hold those directorships since immediately
before 2 June 1987;
(d) the company referred to in paragraph (a) has continued to be in a
position to exercise control of the licence referred to in that paragraph
since immediately before 2 June 1987; and
(e) the company referred to in paragraph (b) has, or the companies
referred
to in that paragraph, between them, have, continued to be in a position to
exercise control of the licence referred to in that paragraph since
immediately before 2 June 1987.
(2) 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) where the consolidated licence is a licence of the kind referred to in
paragraph 92C (1AA) (a):
(i) a person was a director of a company that was in a position to
exercise control of one of the former licences immediately before 2 June 1987
and continued to hold that directorship from that time until immediately
before the grant of the consolidated licence; and
(ii) immediately after the grant of the consolidated licence, the
person is a director of a company that is in a position to exercise control of
the consolidated licence; and
(c) where the consolidated licence is not a licence of the kind referred
to
in paragraph 92C (1AA) (a):
(i) a person was a director of a company that was, or 2 or more
companies that, between them, were, in a position to exercise control of one
of the former licences immediately before 2 June 1987 and continued to hold
that directorship or those directorships from that time until immediately
before the grant of the consolidated licence; and
(ii) immediately after the grant of the consolidated licence, 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 the consolidated
licence;
subsection (1) applies as if:
(d) where paragraph (b) applies-since immediately before 2 June 1987, the
person has continued to hold the directorship referred to in subparagraph (b)
(ii) and the company referred to in that subparagraph has continued to be in a
position to exercise control of the consolidated licence; and
(e) where paragraph (c) applies-since immediately before 2 June 1987, the
person has continued to hold the directorship or directorships referred to in
subparagraph (c) (ii) and the company referred to in that subparagraph has, or
the companies referred to in that subparagraph, between them, have, continued
to be in a position to exercise control of the consolidated licence.
(3) Subsection (1) 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 ACT 1942 - SECT 92ZH
Subsection 92 (1A) and (1B) interest limits-introduced by Broadcasting
Amendment Act 1987
SECT
92ZH.(1) A person shall not be taken to be in contravention of section 92 by
virtue of subsection 92 (1A) or (1B) in relation to each of 2 or more
commercial television licences by reason only of one or more of the
following:
(a) the holding by the person of any of the licences, where, immediately
before 4 August 1987:
(i) the person held that licence; and
(ii) the holding of that licence did not result in a contravention
by
the person of section 92 (as in force at that time);
(b) the holding by the person of interests in a company holding any of the
licences or the existence of other circumstances, where:
(i) immediately before 4 August 1987, the person held those
interests
in the company and the company held the licence, or the other circumstances
existed; and
(ii) either:
(A) the holding of those interests or the existence of those
circumstances did not result in a contravention by the person of section 92
(as in force at that time); or
(B) on or after 4 August 1987, action has been taken that, 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 a company holding any of the
licences, where:
(i) the interests resulted from the allotment or issue, on or after
4
August 1987, of shares in, or debentures of, a company to a person who,
immediately before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 4 August 1987, the first-mentioned company
held the licence.
(2) Subsection (1) does not apply in relation to a person if and so long as
that person is the holder of any interest (other than an interest referred to
in paragraph (1) (c)) in the company holding any of the licences concerned if
the person became the holder of the interest on or after 4 August 1987.
(3) The operation of subsection (2) is not affected by the fact that, on or
after 4 August 1987 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.
BROADCASTING ACT 1942 - SUBDIVISION D
Subdivision D-Cross media limits
BROADCASTING ACT 1942 - SECT 92ZI
Television/newspaper cross media interest limit-introduced by Broadcasting
(Ownership and Control) Act 1987
SECT
92ZI.(1) A person shall not be taken to be in contravention of section 92JB
by virtue of subsection 92JB (2) by reason only of the association of a
commercial television licence and a newspaper under section 89S and 2 of the
following:
(a) the holding by the person of the commercial television licence, where
the person held the licence immediately before 28 November 1986;
(b) the person's continuing to be the publisher of the newspaper, where
the
person was the publisher of the newspaper immediately before 28 November
1986;
(c) the holding by the person of interests in the company holding the
commercial television licence, or the existence of other circumstances, where,
immediately before 28 November 1986:
(i) the person held those interests in the company and the company
held the licence; or
(ii) the other circumstances existed;
(d) the holding by the person of interests in the company that is the
publisher of the newspaper, or the existence of other circumstances, where,
immediately before 28 November 1986:
(i) the person held those interests in the company and the company
was
the publisher of the newspaper; or
(ii) the other circumstances existed;
(e) the holding by the person of interests in the company holding the
commercial television licence, where:
(i) the interests resulted 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;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 28 November 1986, the first-mentioned
company
held the licence;
(f) the holding by the person of interests in the company that is the
publisher of the newspaper, where:
(i) the interests resulted 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;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 28 November 1986, the first-mentioned
company
was the publisher of the newspaper.
(2) Where there is in force an entry under subsection 89S (3) stating that a
commercial television licence and a newspaper are affected by an eligible
service area change, a person shall not be taken to be in contravention of
section 92JB by virtue of subsection 92JB (2) by reason only of the
association of the licence and the newspaper under section 89S and 2 of the
following:
(a) the holding by the person of the commercial television licence, where
the person held the licence immediately before the day on which the licence
and the newspaper became associated under section 89S;
(b) the person's continuing to be the publisher of the newspaper, where
the
person was the publisher of the newspaper immediately before the day on which
the licence and the newspaper became associated under section 89S;
(c) the holding by the person of interests in the company holding the
commercial television licence, or the existence of other circumstances, where,
immediately before the day on which the licence and the newspaper became
associated under section 89S:
(i) the person held those interests in the company and the company
held the licence; or
(ii) the other circumstances existed;
(d) the holding by the person of interests in the company that is the
publisher of the newspaper, or the existence of other circumstances, where,
immediately before the day on which the licence and the newspaper became
associated under section 89S:
(i) the person held those interests in the company and the company
was
the publisher of the newspaper; or
(ii) the other circumstances existed;
(e) the holding by the person of interests in the company holding the
commercial television licence, where:
(i) the interests resulted from the allotment or issue, on or after
the day on which the licence and the newspaper became associated under section
89S, of shares in, or debentures of, a company to a person who, immediately
before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before the day on which the licence and the
newspaper became associated under section 89S, the first-mentioned company
held the licence;
(f) the holding by the person of interests in the company that is the
publisher of the newspaper, where:
(i) the interests resulted from the allotment or issue, on or after
the day on which the licence and the newspaper became associated under section
89S, of shares in, or debentures of, a company to a person who, immediately
before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before the day on which the licence and the
newspaper became associated under section 89S, the first-mentioned company was
the publisher of the newspaper.
(3) Where there is in force an entry under subsection 89S (5) stating that a
commercial television licence and a newspaper are affected by consolidation, a
person shall not be taken to be in contravention of section 92JB by virtue of
subsection 92JB (2) by reason only of the association of the licence and
newspaper under section 89S and 2 of the following:
(a) the holding by the person of the licence, where:
(i) immediately before the day on which the licence and the
newspaper
became associated under section 89S, the person held the licence;
(ii) the licence was granted to the person; and
(iii) immediately before the licence was granted, the person would,
but for subsection (2), have contravened section 92JB by virtue of subsection
92JB (2) because the person held a prescribed interest in any of the former
licences in relation to the licence;
(b) the person's continuing to be the publisher of the newspaper, where
the
person was the publisher of the newspaper immediately before the day on which
the licence and the newspaper became associated under section 89S;
(c) the holding by the person of interests in the company holding the
licence or the existence of other circumstances, where:
(i) immediately before the day on which the licence and the
newspaper
became associated under section 89S, the person held those interests in the
company and the company held the licence, or the other circumstances existed;
(ii) the licence was granted to the company when the person held
those
interests or when the other circumstances existed; and
(iii) immediately before the licence was granted, the person would,
but for subsection (2), have contravened section 92JB by virtue of subsection
92JB (2) because the person held a prescribed interest in any of the former
licences in relation to the licence;
(d) the holding by the person of interests in the company that is the
publisher of the newspaper, or the existence of other circumstances, where,
immediately before the day on which the licence and the newspaper became
associated under section 89S:
(i) the person held those interests in the company and the company
was
the publisher of the newspaper; or
(ii) the other circumstances existed;
(e) the holding by the person of interests in the company holding the
commercial television licence, where:
(i) the interests resulted from the allotment or issue, on or after
the day on which the licence and the newspaper became associated under section
89S, of shares in, or debentures of, a company to a person who, immediately
before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held;
(iii) immediately before the day on which the licence and the
newspaper became associated under section 89S, the first-mentioned company
held the licence;
(iv) the licence was granted to the first-mentioned company when the
person held the shares or debentures; and
(v) immediately before the licence was granted, the person holding
the
interests in the first-mentioned company would, but for subsection (2), have
contravened section 92JB by virtue of subsection 92JB (2) because that person
held a prescribed interest in any of the former licences in relation to the
licence;
(f) the holding by the person of interests in the company that is the
publisher of the newspaper, where:
(i) the interests resulted from the allotment or issue, on or after
the day on which the licence and the newspaper became associated under section
89S, of shares in, or debentures of, a company to a person who, immediately
before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before the day on which the licence and the
newspaper became associated under section 89S, the first-mentioned company was
the publisher of the newspaper.
(4) For the purposes of subsection (3), where a commercial television
licence is granted pursuant to section 94ZC or 94ZG as part of the
consolidation of 2 or more other television licences, each of the other
television licences is a former licence in relation to the first-mentioned
licence.
(5) Where the Tribunal makes an entry in the Associated Newspaper Register
under subsection 89S (6) stating that a period is a notional association
period in relation to a commercial television licence and a newspaper,
subsections (2) and (3) of this section apply, in relation to the association
of the licence and the newspaper under section 89S concerned, as if the
references in those subsections to the day on which the licence and the
newspaper became associated under section 89S were references to the first day
of the notional association period.
(6) Where:
(a) paragraph (1) (c) or (d), (2) (c) or (d) or (3) (c) or (d) applies;
and
(b) the person referred to in that paragraph became the holder of an
interest in the company referred to in that paragraph on or after:
(i) where paragraph (1) (c) or (d) applies-28 November 1986; or
(ii) in any other case-the day on which the licence and the
newspaper
referred to in subsection (2) or (3), as the case requires, became associated
under section 89S or, where subsection (5) applies, the first day of the
notional association period referred to in that subsection;
subsection (1), (2) or (3) does not apply in relation to the person in
relation to the association of the licence and the newspaper under section 89S
concerned if and so long as the person is the holder of the interest.
(7) The operation of subsection (6) is not affected by the fact that on or
after the day referred to in subparagraph (6) (b) (i) or (ii) 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.
(8) Where:
(a) but for this subsection, subsection (6) would apply in relation to the
person;
(b) immediately before the day referred to in subparagraph (6) (b) (i) or
(ii) (which day is in this subsection called the 'grandfathering day'), the
person held a shareholding interest in:
(i) the company (in this subsection called the 'licensee company')
holding the commercial television licence; or
(ii) the company (in this subsection called the 'publishing
company')
that is the publisher of the newspaper;
(c) the person held that interest because the person held a direct
shareholding interest in a company (in this subsection called the 'intervening
company') other than the licensee company or publishing company;
(d) the intervening company became or becomes, on or after the
grandfathering 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 or publishing company; and
(e) the person became or becomes, because of the circumstances referred to
in paragraph (d), the holder of a further interest (whether a shareholding
interest or another interest) in the licensee company or publishing company;
subsection (6) does not apply in relation to the person by reason only of the
holding by the person of the interest referred to in paragraph (e) of this
subsection if and so long as:
(f) the person's shareholding interest percentage in the licensee company
or
publishing company is not greater than:
(i) the percentage that was the person's shareholding interest
percentage in that company immediately before the grandfathering day; or
(ii) if, at any time on or after the grandfathering day, the
person'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
(g) the person is not in a position to exercise greater control of the
licensee company or publishing company than the person was able to exercise
immediately before the grandfathering day.
(9) For the purposes of the application of subsection (6), where:
(a) immediately before the day referred to in subparagraph (6) (b) (i) or
(ii) (which day is in this subsection called the 'grandfathering day'), a
company (in this subsection called the 'holding company') was in a position to
exercise significant control over another company (in this subsection called
the 'licensee company') holding the commercial television licence; and
(b) on or after the grandfathering day, 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 subsection (6) 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
the
grandfathering day, to be in a position to exercise significant control of the
licensee company; or
(ii) subsection (1), (2) or (3) ceased or ceases, at any time on or
after the grandfathering day, to apply in relation to the holding company;
(e) subject to paragraph (f), if, immediately before the grandfathering
day,
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 subsection (6) 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
the
grandfathering day, 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 the
grandfathering day, to be in a position to exercise control of the holding
company; or
(iii) subsection (1), (2) or (3) ceased or ceases, at any time on or
after the grandfathering day, to apply in relation to the holding company or
in relation to the person.
(10) For the purposes of subsection (9), a company shall be deemed to be in
a position to exercise significant control of another company if, had the
references in section 89K 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.
(11) Where:
(a) a commercial television 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 commercial television 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 (1) 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.
BROADCASTING ACT 1942 - SECT 92ZJ
Television/newspaper cross media directorship limit-introduced by
Broadcasting
(Ownership and Control) Act 1987
SECT
92ZJ.(1) A person shall not be taken to be in contravention of section 92JD
by virtue of subsection 92JD (2) in relation to a commercial television
licence and a newspaper by reason of:
(a) the holding by the person of a directorship of a company that is in a
position to exercise control of the commercial television licence, where,
immediately before 28 November 1986, the person held the directorship and the
company was in a position to exercise control of the licence; and
(b) either:
(i) the holding by the person of a directorship of a company that is
in a position to exercise control of the newspaper, where, immediately before
28 November 1986, the person held the directorship and the company was in a
position to exercise control of the newspaper; or
(ii) the person's continuing to be the publisher of the newspaper,
where the person was the publisher of the newspaper immediately before 28
November 1986.
(2) Where there is in force an entry under subsection 89S (3) stating that a
commercial television licence and a newspaper are affected by an eligible
service area change, a person shall not be taken to be in contravention of
section 92JD by virtue of subsection 92JD (2) by reason of:
(a) the holding by the person of a directorship of a company that is in a
position to exercise control of the commercial television licence, where,
immediately before the day on which the licence and the newspaper became
associated under section 89S, the person held the directorship and the company
was in a position to exercise control of the licence; and
(b) either:
(i) the holding by the person of a directorship of a company that is
in a position to exercise control of the newspaper, where, immediately before
the day on which the licence and the newspaper became associated under section
89S, the person held the directorship and the company was in a position to
exercise control of the newspaper; or
(ii) the person's continuing to be the publisher of the newspaper,
where the person was the publisher of the newspaper immediately before the day
on which the licence and the newspaper became associated under section 89S.
(3) Where there is in force an entry under subsection 89S (5) stating that a
commercial television licence and a newspaper are affected by consolidation, a
person shall not be taken to be in contravention of section 92JD by virtue of
subsection 92JD (2) by reason of:
(a) the holding by the person of a directorship of a company that is in a
position to exercise control of the commercial television licence, where:
(i) both immediately before the day on which the licence and the
newspaper became associated under section 89S and immediately after the grant
of the licence, the person held the directorship and the company was in a
position to exercise control of the licence; and
(ii) immediately before the grant of the licence, the person would,
but for subsection (2), have contravened section 92JD by virtue of subsection
92JD (2) because the person held a directorship of a company that was in a
position to exercise control of any of the former licences in relation to the
licence; and
(b) either:
(i) the holding by the person of a directorship of a company that is
in a position to exercise control of the newspaper, where, immediately before
the day on which the licence and the newspaper became associated under section
89S, the person held the directorship and the company was in a position to
exercise control of the newspaper; or
(ii) the person's continuing to be the publisher of the newspaper,
where the person was the publisher of the newspaper immediately before the day
on which the licence and the newspaper became associated under section 89S.
(4) For the purposes of subsection (3), where a commercial television
licence is granted pursuant to section 94ZC or 94ZG as part of the
consolidation of 2 or more other television licences, each of the other
television licences is a former licence in relation to the first-mentioned
licence.
(5) Where the Tribunal makes an entry in the Associated Newspaper Register
under subsection 89S (6) stating that a period is a notional association
period in relation to a commercial television licence and a newspaper,
subsections (2) and (3) of this section apply, in relation to the association
of the licence and the newspaper under section 89S concerned, as if the
references in those subsections to the day on which the licence and the
newspaper became associated under section 89S were references to the first day
of the notional association period.
(6) Where, but for subsection 92ZI (1), (2) or (3), a company would
contravene section 92JB by virtue of subsection 92JB (2), a person does not
contravene section 92JD by virtue of subsection 92JD (2) 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.
(7) Where:
(a) a commercial television 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 commercial television licences (in
this subsection called the 'former licences');
(b) a person was a director of a company that was in a position to
exercise
control of one of the former licences immediately before 28 November 1986 and
has continued to hold that directorship from that time until immediately
before the grant of the consolidated licence; and
(c) immediately after the grant of the consolidated licence the person is
a
director of a company that is in a position to exercise control of the
consolidated licence;
subsection (1) applies as if the person held the directorship referred to in
paragraph (c), and the company referred to in that paragraph was in a position
to exercise control of the consolidated licence, immediately before 28
November 1986.
BROADCASTING ACT 1942 - SECT 92ZK
Television/radio cross media interest limit-introduced by Broadcasting
(Ownership and Control) Act 1987 and modified by Broadcasting (Ownership and
Control) Act 1988
SECT
92ZK.(1) A person shall not be taken to be in contravention of section 92JB
by virtue of subsection 92JB (1) by reason only of the pairing of a commercial
television licence and a commercial radio licence under section 89T and one or
more of the following:
(a) the holding by the person of either of the licences, where,
immediately
before 29 October 1987:
(i) the person held that licence; and
(ii) the holding of that licence did not result in a contravention
by
the person of section 92FAB by virtue of paragraph 92FAB (1) (a) and
subparagraph 92FAB (1) (b) (i) (as in force at that time);
(b) the holding by the person of interests in the company holding either
of
the licences or the existence of other circumstances, where:
(i) immediately before 29 October 1987, the person held those
interests in the company and the company held the licence, or the other
circumstances existed; and
(ii) either:
(A) the holding of those interests or the existence of those
circumstances did not, immediately before 29 October 1987, result in a
contravention by the person of section 92FAB by virtue of paragraph 92FAB (1)
(a) and subparagraph 92FAB (1) (b) (i) (as in force at that time); or
(B) on or after that day action has been taken that, 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 the company holding either
of
the licences, where:
(i) the interests resulted from the allotment or issue, on or after
29
October 1987, of shares in, or debentures of, a company to a person who,
immediately before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 29 October 1987, the first-mentioned
company
held the licence.
(2) Where:
(a) a commercial television licence and a commercial radio licence are
paired under section 89T; and
(b) there is not in force a declaration under subsection 89T (5) or (6)
that
the pair of licences is affected by aggregation;
a person shall not be taken to be in contravention of section 92JB by virtue
of subsection 92JB (1) by reason only of the pairing of the licences under
section 89T and one or more of the following:
(c) the holding by the person of either of the licences, where:
(i) immediately before the day on which the licences became paired
under section 89T, the person held that licence; and
(ii) if the licence is the commercial television licence and there
is
in force a declaration under subsection 89T (7) that the pair of licences is
affected by consolidation:
(A) the licence was granted to the person; and
(B) immediately before the licence was granted, the person
would, but for this subsection, have contravened section 92JB by virtue of
subsection 92JB (1) because the person held a prescribed interest in any of
the former licences in relation to the licence;
(d) the holding by the person of interests in the company holding either
of
the licences or the existence of other circumstances, where:
(i) immediately before the day on which the licences became paired
under section 89T, the person held those interests in the company and the
company held the licence, or the other circumstances existed; and
(ii) if the licence is the commercial television licence and there
is
in force a declaration under subsection 89T (7) that the pair of licences is
affected by consolidation:
(A) the licence was granted to the company when the person held
those interests or when the other circumstances existed; and
(B) immediately before the licence was granted, the person
would, but for this subsection, have contravened section 92JB by virtue of
subsection 92JB (1) because the person held a prescribed interest in any of
the former licences in relation to the licence;
(e) the holding by the person of interests in the company holding either
of
the licences, where:
(i) the interests resulted from the allotment or issue, on or after
the day on which the licences became paired under section 89T, of shares in,
or debentures of, a company to a person who, immediately before that day, held
shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held;
(iii) immediately before the day on which the licences became paired
under section 89T, the first-mentioned company held the licence; and
(iv) if the licence is the commercial television licence and there
is
in force a declaration under subsection 89T (7) that the pair of licences is
affected by consolidation:
(A) the licence was granted to the first-mentioned company when
the person held the shares or debentures; and (B) immediately
before the licence was granted, the person
holding the interests in the first-mentioned company would, but for this
subsection, have contravened section 92JB by virtue of subsection 92JB (1)
because that person held a prescribed interest in any of the former licences
in relation to the licence.
(2A) Subsection (2) does not apply to the pairing of a commercial television
licence and a commercial radio licence if, immediately before 29 October 1987,
the commercial radio licence had an area of monopoly within the service area
of the commercial television licence.
(3) For the purposes of subsection (2), where a commercial television
licence is granted pursuant to section 94ZC or 94ZG as part of the
consolidation of 2 or more other television licences, each of the other
television licences is a former licence in relation to the first-mentioned
licence.
(4) Where, in a notice under subsection 89T (2) in relation to a commercial
television licence and a commercial radio licence, the Minister includes a
declaration under subsection 89T (8) that a period is a notional pairing
period in relation to the licences, subsection (2) of this section applies, in
relation to the pairing of the licences under section 89T concerned, as if the
references in that subsection to the day on which the licences became paired
under section 89T were references to the first day of the notional pairing
period.
(5) Where:
(a) paragraph (1) (b) or (2) (d) applies; and
(b) the person referred to in that paragraph became the holder of an
interest in the company holding any of the licences concerned on or after:
(i) where paragraph (1) (b) applies-29 October 1987; or
(ii) where paragraph (2) (d) applies-the day on which the licences
referred to in that paragraph became paired under section 89T or, where
subsection (4) applies, the first day of the notional pairing period referred
to in that subsection;
subsection (1) or (2), as the case requires, does not apply in relation to the
person in relation to the pairing of the licences under section 89T concerned,
if and so long as the person is the holder of the interest.
(6) The operation of subsection (5) is not affected by the fact that on or
after the day referred to in subparagraph (5) (b) (i) or (ii) 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.
(7) Where:
(a) but for this subsection, subsection (5) would apply in relation to the
person;
(b) immediately before the day referred to in subparagraph (5) (b) (i) or
(ii) (which day is in this subsection called the 'grandfathering day'), the
person held a shareholding interest in the company (in this subsection called
the 'licensee company') holding the commercial television licence or
commercial radio licence;
(c) the person held that interest because the person held a direct
shareholding interest in a company (in this subsection called the 'intervening
company') other than the licensee company;
(d) the intervening company became or becomes, on or after the
grandfathering 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
(e) the person became or becomes, because of the circumstances referred to
in paragraph (d), the holder of a further interest (whether a shareholding
interest or another interest) in the licensee company;
subsection (5) does not apply in relation to the person by reason only of the
holding by the person of the interest referred to in paragraph (e) of this
subsection if and so long as:
(f) the person's shareholding interest percentage in the licensee company
is
not greater than:
(i) the percentage that was the person's shareholding interest
percentage in that company immediately before the grandfathering day; or
(ii) if, at any time on or after the grandfathering day, the
person'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
(g) the person is not in a position to exercise greater control of the
licensee company than the person was able to exercise immediately before the
grandfathering day.
(8) For the purposes of the application of subsection (5), where:
(a) immediately before the day referred to in subparagraph (5) (b) (i) or
(ii) (which day is in this subsection called the 'grandfathering day'), a
company (in this subsection called the 'holding company') was in a position to
exercise significant control over another company (in this subsection called
the 'licensee company') holding a commercial television licence; and
(b) on or after the grandfathering day, 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 subsection (5) 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
the
grandfathering day, to be in a position to exercise significant control of the
licensee company; or
(ii) subsection (1) or (2) ceased or ceases, at any time on or after
the grandfathering day, to apply in relation to the holding company;
(e) subject to paragraph (f), if, immediately before the grandfathering
day,
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 subsection (5) 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
the
grandfathering day, 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 the
grandfathering day, to be in a position to exercise control of the holding
company; or
(iii) subsection (1) or (2) ceased or ceases, at any time on or
after
the grandfathering day, to apply in relation to the holding company or in
relation to the person.
(9) For the purposes of subsection (8), a company shall be deemed to be in a
position to exercise significant control of another company if, had the
references in section 89K 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.
(10) Where:
(a) a commercial television 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 commercial television licences (in
this subsection called the 'former licences');
(b) a person held a prescribed interest in one of the former licences
immediately before 29 October 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 (1) 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 29 October 1987.
BROADCASTING ACT 1942 - SECT 92ZL
Television/radio cross media directorship limit-introduced by Broadcasting
(Ownership and Control) Act 1987 and modified by Broadcasting (Ownership and
Control) Act 1988
SECT
92ZL.(1) A person shall not be taken to be in contravention of section 92JD
by virtue of subsection 92JD (1) by reason of being:
(a) a director of a company that is in a position to exercise control of a
commercial television licence; and
(b) a director of another company that is in a position to exercise
control
of a commercial radio licence;
where:
(c) the person held the directorships immediately before 29 October 1987;
(d) the company referred to in paragraph (a) was in a position to exercise
control of the commercial television licence immediately before 29 October
1987;
(e) the company referred to in paragraph (b) was in a position to exercise
control of the commercial radio licence immediately before 29 October 1987;
and
(f) either:
(i) the holding of those directorships immediately before 29 October
1987 did not result in a contravention of section 92FAD by virtue of paragraph
92FAD (1) (a) and subparagraph 92FAD (1) (a) (i) (as in force at that time);
or
(ii) on or after 29 October 1987, action has been taken that, if it
had been taken before that day, would have caused the holding of those
directorships not to result in such a contravention.
(2) Where:
(a) a commercial television licence and a commercial radio licence are
paired under section 89T; and
(b) there is not in force a declaration under subsection 89T (5) or (6)
that
the pair of licences is affected by aggregation;
a person shall not be taken to be in contravention of section 92JD by virtue
of subsection 92JD (1) by reason of being:
(c) a director of a company that is in a position to exercise control of
the
commercial television licence; and
(d) a director of another company that is in a position to exercise
control
of the commercial radio licence;
where:
(e) the person held the directorships immediately before the day on which
the licences became paired under section 89T;
(f) the company referred to in paragraph (c) was in a position to exercise
control of the commercial television licence immediately before the day on
which the licences became paired under section 89T;
(g) the company referred to in paragraph (d) was in a position to exercise
control of the commercial radio licence immediately before the day on which
the licences became paired under section 89T; and
(h) if there is in force a declaration under subsection 89T (7) that the
pair of licences is affected by consolidation:
(i) immediately after the grant of the commercial television
licence,
the person held the directorship referred to in paragraph (c) and the company
referred to in that paragraph was in a position to exercise control of the
licence; and
(ii) immediately before the grant of the licence, the person would,
but for this subsection, have contravened section 92JD by virtue of subsection
92JD (1) because the person held a directorship of a company that was in a
position to exercise control of any of the former licences in relation to the
licence.
(2A) Subsection (2) does not apply to a commercial television licence and a
commercial radio licence if, immediately before 29 October 1987, the
commercial radio licence had an area of monopoly within the service area of
the commercial television licence.
(3) For the purposes of subsection (2), where a commercial television
licence is granted pursuant to section 94ZC or 94ZG as part of the
consolidation of 2 or more other television licences, each of the other
television licences is a former licence in relation to the first-mentioned
licence.
(4) Where, in a notice under subsection 89T (2) in relation to a commercial
television licence and a commercial radio licence, the Minister includes a
declaration under subsection 89T (8) that a period is a notional pairing
period in relation to the licences, subsection (2) of this section applies, in
relation to the pairing of the licences under section 89T concerned, as if the
references in that subsection to the day on which the licences became paired
under section 89T were references to the first day of the notional pairing
period.
(5) Where, but for subsection 92ZK (1) or (2), a company would contravene
section 92JB by virtue of subsection 92JB (1), a person does not contravene
section 92JD by virtue of subsection 92JD (1) 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.
(6) 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 was a director of a company that was in a position to
exercise
control of one of the former licences immediately before 29 October 1987 and
has continued to hold that directorship from that time until immediately
before the grant of the consolidated licence; and
(c) immediately after the grant of the consolidated licence, the person is
a
director of a company that is in a position to exercise control of the
consolidated licence; subsection (1) applies as if the person held the
directorship referred to in paragraph (c), and the company referred to in that
paragraph was in a position to exercise control of the consolidated licence,
immediately before 29 October 1987.
BROADCASTING ACT 1942 - SECT 92ZM
Radio/newspaper cross media interest limit-introduced by Broadcasting
(Ownership and Control) Act 1988
SECT
92ZM.(1) A person shall not be taken to be in contravention of section 92JB
by virtue of subsection 92JB (3) by reason only of the association of a
commercial radio licence and a newspaper under section 89S and 2 of the
following:
(a) the holding by the person of the commercial radio licence, where the
person held the licence immediately before 29 October 1987;
(b) the person's continuing to be the publisher of the newspaper, where
the
person was the publisher of the newspaper immediately before 29 October 1987;
(c) the holding by the person of interests in the company holding the
commercial radio licence, or the existence of other circumstances, where,
immediately before 29 October 1987:
(i) the person held those interests in the company and the company
held the licence; or
(ii) the other circumstances existed;
(d) the holding by the person of interests in the company that is the
publisher of the newspaper, or the existence of other circumstances, where,
immediately before 29 October 1987:
(i) the person held those interests in the company and the company
was
the publisher of the newspaper; or
(ii) the other circumstances existed;
(e) the holding by the person of interests in the company holding the
commercial radio licence, where:
(i) the interests resulted from the allotment or issue, on or after
29
October 1987, of shares in, or debentures of, a company to a person who,
immediately before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 29 October 1987, the first-mentioned
company
held the licence;
(f) the holding by the person of interests in the company that is the
publisher of the newspaper, where:
(i) the interests resulted from the allotment or issue, on or after
29
October 1987, of shares in, or debentures of, a company to a person who,
immediately before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before 29 October 1987, the first-mentioned
company
was the publisher of the newspaper.
(2) Where there is in force an entry under subsection 89S (3) stating that a
commercial radio licence and a newspaper are affected by an eligible service
area change, a person shall not be taken to be in contravention of section
92JB by virtue of subsection 92JB (3) by reason only of the association of the
licence and the newspaper under section 89S and 2 of the following:
(a) the holding by the person of the commercial radio licence, where the
person held the licence immediately before the day on which the licence and
the newspaper became associated under section 89S;
(b) the person's continuing to be the publisher of the newspaper, where
the
person was the publisher of the newspaper immediately before the day on which
the licence and the newspaper became associated under section 89S;
(c) the holding by the person of interests in the company holding the
commercial radio licence, or the existence of other circumstances, where,
immediately before the day on which the licence and the newspaper became
associated under section 89S:
(i) the person held those interests in the company and the company
held the licence; or
(ii) the other circumstances existed;
(d) the holding by the person of interests in the company that is the
publisher of the newspaper, or the existence of other circumstances, where,
immediately before the day on which the licence and the newspaper became
associated under section 89S:
(i) the person held those interests in the company and the company
was
the publisher of the newspaper; or
(ii) the other circumstances existed;
(e) the holding by the person of interests in the company holding the
commercial radio licence, where:
(i) the interests resulted from the allotment or issue, on or after
the day on which the licence and the newspaper became associated under section
89S, of shares in, or debentures of, a company to a person who, immediately
before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before the day on which the licence and the
newspaper became associated under section 89S, the first-mentioned company
held the licence;
(f) the holding by the person of interests in the company that is the
publisher of the newspaper, where:
(i) the interests resulted from the allotment or issue, on or after
the day on which the licence and the newspaper became associated under section
89S, of shares in, or debentures of, a company to a person who, immediately
before that day, held shares in, or debentures of, that company;
(ii) that person received the shares or debentures so allotted or
issued in accordance with rights of a kind enjoyed by that person in common
with other holders of shares or debentures of the same class as the shares or
debentures that were so held; and
(iii) immediately before the day on which the licence and the
newspaper became associated under section 89S, the first-mentioned company was
the publisher of the newspaper.
(3) Where the Tribunal makes an entry in the Associated Newspaper Register
under subsection 89S (6) stating that a period is a notional association
period in relation to a commercial radio licence and a newspaper, subsection
(2) of this section applies, in relation to the association of the licence and
the newspaper under section 89S concerned, as if the references in that
subsection to the day on which the licence and the newspaper became associated
under section 89S were references to the first day of the notional association
period.
(4) Where:
(a) paragraph (1) (c) or (d) or (2) (c) or (d) applies; and
(b) the person referred to in that paragraph became the holder of an
interest in the company referred to in that paragraph on or after:
(i) where paragraph (1) (c) or (d) applies-29 October 1987; or
(ii) where paragraph (2) (c) or (d) applies-the day on which the
licence and the newspaper referred to in subsection (2) became associated
under subsection 89S or, where subsection (3) applies, the first day of the
notional association period referred to in that subsection;
subsection (1) or (2) does not apply in relation to the person in relation to
the association of the licence and the newspaper under section 89S concerned
if and so long as the person is the holder of the interest.
(5) The operation of subsection (4) is not affected by the fact that on or
after the day referred to in subparagraph (4) (b) (i) or (ii) 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) Where:
(a) but for this subsection, subsection (4) would apply in relation to the
person;
(b) immediately before the day referred to in subparagraph (4) (b) (i) or
(ii) (which day is in this subsection called the 'grandfathering day'), the
person held a shareholding interest in:
(i) the company (in this subsection called the 'licensee company')
holding the commercial radio licence; or
(ii) the company (in this subsection called the 'publishing
company')
that is the publisher of the newspaper;
(c) the person held that interest because the person held a direct
shareholding interest in a company (in this subsection called the 'intervening
company') other than the licensee company or publishing company;
(d) the intervening company became or becomes, on or after the
grandfathering 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 or publishing company; and
(e) the person became or becomes, because of the circumstances referred to
in paragraph (d), the holder of a further interest (whether a shareholding
interest or another interest) in the licensee company or publishing company;
subsection (4) does not apply in relation to the person by reason only of the
holding by the person of the interest referred to in paragraph (e) of this
subsection if and so long as:
(f) the person's shareholding interest percentage in the licensee company
or
publishing company is not greater than:
(i) the percentage that was the person's shareholding interest
percentage in that company immediately before the grandfathering day; or
(ii) if, at any time on or after the grandfathering day, the
person'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
(g) the person is not in a position to exercise greater control of the
licensee company or publishing company than the person was able to exercise
immediately before the grandfathering day.
BROADCASTING ACT 1942 - SECT 92ZN
Radio/newspaper cross media directorship limit-introduced by Broadcasting
(Ownership and Control) Act 1988
SECT
92ZN.(1) A person shall not be taken to be in contravention of section 92JD
by virtue of subsection 92JD (3) in relation to a commercial radio licence and
a newspaper by reason of:
(a) the holding by the person of a directorship of a company that is in a
position to exercise control of the commercial radio licence, where,
immediately before 29 October 1987, the person held the directorship and the
company was in a position to exercise control of the licence; and
(b) either:
(i) the holding by the person of a directorship of a company that is
in a position to exercise control of the newspaper, where, immediately before
29 October 1987, the person held the directorship and the company was in a
position to exercise control of the newspaper; or
(ii) the person's continuing to be the publisher of the newspaper,
where the person was the publisher of the newspaper immediately before 29
October 1987.
(2) Where there is in force an entry under subsection 89S (3) stating that a
commercial radio licence and a newspaper are affected by an eligible service
area change, a person shall not be taken to be in contravention of section
92JD by virtue of subsection 92JD (3) by reason of:
(a) the holding by the person of a directorship of a company that is in a
position to exercise control of the commercial radio licence, where,
immediately before the day on which the licence and the newspaper became
associated under section 89S, the person held the directorship and the company
was in a position to exercise control of the licence; and
(b) either:
(i) the holding by the person of a directorship of a company that is
in a position to exercise control of the newspaper, where, immediately before
the day on which the licence and the newspaper became associated under section
89S, the person held the directorship and the company was in a position to
exercise control of the newspaper; or
(ii) the person's continuing to be the publisher of the newspaper,
where the person was the publisher of the newspaper immediately before the day
on which the licence and the newspaper became associated under section 89S.
(3) Where the Tribunal makes an entry in the Associated Newspaper Register
under subsection 89S (6) stating that a period is a notional association
period in relation to a commercial radio licence and a newspaper, subsection
(2) of this section applies, in relation to the association of the licence and
the newspaper under section 89S concerned, as if the references in that
subsection to the day on which the licence and the newspaper become associated
under section 89S were references to the first day of the notional association
period.
(4) Where, but for subsection 92ZM (1) or (2), a company would contravene
section 92JB by virtue of subsection 92JB (3), a person does not contravene
section 92JD by virtue of subsection 92JD (3) 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.
BROADCASTING ACT 1942 - PART IIIC
PART IIIC-EQUALISATION OF REGIONAL COMMERCIAL TELEVISION
BROADCASTING ACT 1942 - DIVISION 1
Division 1-Preliminary
BROADCASTING ACT 1942 - SECT 93
Interpretation
SECT
93.(1) In this Part, unless the contrary intention appears:
'existing licence in Tasmania' means a licence:
(a) whose service area is in Tasmania; and
(b) that was in force immediately before the commencement of this Part;
and includes such a licence as renewed;
'licence' means a commercial television licence and includes an old system
commercial television licence;
'licensee' means the holder of a licence;
'old system commercial television licence' has the same meaning as 'licence
for a commercial television station' had in the previous Act;
'old system commercial television translator station licence' has the same
meaning as 'commercial television translator station licence' had in the
previous Act;
'previous Act' means this Act as in force immediately before 1 January
1986;
'regional area' means an area outside the metropolitan service areas, and
includes an area in Tasmania but does not include an area within the service
area of a remote licence;
'service area'
(a) in relation to an old system commercial translator television
licence-means:
(i) in the case of a licence in respect of which the specifications
determined for the purposes of Part IIIB of the previous Act include a
specification of the area served pursuant to the licence-that area; and
(ii) in the case of a licence to which subparagraph (i) does not
apply-the area intended by the Minister to be served pursuant to the licence;
and
(b) in relation to an MCS permit-means the area to be served pursuant to
the
permit.
(2) For the purposes of this Part, the service area of an old system
commercial television licence shall be taken to include the service area of
any old system commercial television translator station licence related to
that old system commercial television licence.
(3) For the purposes of subsection (2), an old system commercial television
translator station licence shall be taken to be related to an old system
commercial television licence if, and only if:
(a) one of the conditions of the old system commercial television
translator
station licence is that the station is operated only for the reception and
re-transmission of the programs of a specified old system commercial
television licence; and
(b) both licences are held by the same person.
BROADCASTING ACT 1942 - SECT 94
Objects of Part
SECT
94. The objects of this Part are that:
(a) persons living in regional areas of Australia have, as soon as
practicable, access to 3 commercial television services; and
(b) commercial television stations in regional areas of Australia:
(i) serve larger and commercially more viable markets; and
(ii) provide television services on a competitive basis.
BROADCASTING ACT 1942 - SECT 94A
Minister may make guidelines for implementation plans
SECT
94A.(1) The Minister may, by notice in writing published in the Gazette,
make guidelines to be complied with by licensees in preparing and submitting
implementation plans.
(2) Without limiting the generality of subsection (1), guidelines made under
that subsection may make provision in respect of:
(a) the proposals that may be included in implementation plans;
(b) the information that is to be included in, or to accompany,
implementation plans; and
(c) the form of implementation plans.
BROADCASTING ACT 1942 - DIVISION 2
Division 2-Indicative Plan
BROADCASTING ACT 1942 - SECT 94B
Preparation of Indicative Plan
SECT
94B. The Minister shall prepare a written plan (to be known as the
'Equalisation of Regional Commercial Television Indicative Plan') specifying:
(a) the licences that are to be regional licences for the purposes of this
Part;
(b) the areas that are to be approved markets for the purposes of this
Part;
(c) the area that is to be the aggregation area for each licence that is
to
be in an approved market;
(d) the regional licences that are to be eligible for consolidation with
one
another in accordance with Division 6;
(e) if licences in an approved market are to be eligible for consolidation
with one another-the area that is to be the aggregation area for the licence
that may be granted pursuant to Division 6 in respect of those licences; and
(f) the approved markets (if any) that are to be eligible for an
additional
licence for the purposes of this Part.
BROADCASTING ACT 1942 - SECT 94C
Approved markets
SECT
94C.(1) Each area that is an approved market for the purposes of this Part
shall consist of the combined service areas of 2 or more regional licences.
(2) In determining the areas that are to be approved markets for the
purposes of this Part, the Minister shall have regard to:
(a) the objects of this Part;
(b) the desirability of an approved market consisting of service areas
that
are as close to one another as practicable;
(c) the desirability of an approved market reflecting, as far as
practicable, community of interests within the area of the approved market;
(d) the desirability of an approved market being able to support, as soon
as
practicable and in any case not later than the aggregation completion date for
the approved market, the provision of 3 competitive commercial television
services to the whole of the approved market;
(e) the desirability of an approved market being wholly within the one
State;
(f) the desirability of an approved market being wholly within the one
time
zone; and
(g) such other matters as the Minister considers appropriate.
(3) A reference in this section to a service area is a reference to a
service area as it exists from time to time.
BROADCASTING ACT 1942 - SECT 94D
Aggregation areas
SECT
94D.(1) The aggregation area of a licence in an approved market may consist
of the whole or a part of the approved market.
(2) In determining aggregation areas of licences in an approved market, the
Minister shall ensure that the aggregation areas will enable the provision of
3 commercial television services to the whole of the approved market.
(3) Where 2 or more licences in an approved market are eligible for
consolidation with one another in accordance with Division 6, the aggregation
area of any one of those licences shall not include the existing service area
of another of those licences.
BROADCASTING ACT 1942 - SECT 94E
Publication of Indicative Plan
SECT
94E.(1) The Minister shall, by notice in writing in the Gazette, publish the
plan prepared under section 94B.
(2) The Indicative Plan comes into force on the day on which it is published
under subsection (1).
BROADCASTING ACT 1942 - SECT 94F
Variation of the Indicative Plan
SECT
94F.(1) The Minister may, by notice in writing in the Gazette, vary the
Indicative Plan.
(2) A notice under subsection (1) comes into force on the day on which it is
published under subsection (1) or on such later day as is specified in the
notice.
(3) The Minister shall not vary the Indicative Plan so as to:
(a) alter the area of an approved market; or
(b) alter the aggregation area of a licence in an approved market.
(4) Without limiting the generality of subsection (1), the Minister may vary
the Indicative Plan so as to:
(a) specify an area that is to be a new approved market for the purposes
of
this Part;
(b) specify the area that is to be the aggregation area for each licence
in
a new approved market;
(c) specify regional licences that are to be eligible for consolidation
with
one another in accordance with Division 6;
(d) if licences in a new approved market are to be eligible for
consolidation with one another-specify the area that is to be the aggregation
area for the licence that may be granted pursuant to Division 6 in respect of
those licences;
(e) specify a new approved market as an approved market that is, for the
purposes of this Part, to be eligible for an additional licence; and
(f) make changes that are necessary to give effect to a consolidation of
licences in accordance with Division 6.
(5) Where the Minister varies the Indicative Plan so as to specify an area
as a new approved market for the purposes of this Part, the Minister shall
also vary the Indicative Plan so as to specify a date (not earlier than 31
December 1996) as the aggregation completion date for that approved market.
(6) Before the Minister varies the Indicative Plan under subsection (1):
(a) the Minister shall publish, in the Gazette, a notice:
(i) specifying the variation proposed to be made by the Minister;
and
(ii) notifying interested persons that they may, not later than a
specified day (not less than 21 days after the day on which the notice is
published in the Gazette), make representations to the Minister relating to
the proposed variation; and
(b) the Minister shall have regard to any representations so made.
(7) Before the Minister varies the Indicative Plan under subsection (1) so
as to specify an area that is to be a new approved market for the purposes of
this Part, the Minister shall, in addition to publishing a notice under
subsection (6):
(a) give each licensee in the area notice in writing:
(i) specifying the variation proposed to be made by the Minister;
and
(ii) stating that the licensee may, not later than a specified day
(not less than 21 days after the day on which notice is given), make
representations to the Minister relating to the proposed variation; and
(b) the Minister shall have regard to any representations so made.
(8) A reference in this section to a licensee in an area is a reference to
the holder of a licence whose service area is within that first-mentioned
area.
BROADCASTING ACT 1942 - DIVISION 3
Division 3-Election by licensees for immediate
aggregation or aggregation via
multi-channel services
BROADCASTING ACT 1942 - SECT 94G
Election by licensees in approved market
SECT
94G.(1) Subject to subsection (3), each licensee in an approved market
specified in the Indicative Plan published under section 94E may, before the
end of the period of 28 days commencing on the day on which the Indicative
Plan is published, give the Minister:
(a) notice that the licensee wishes to proceed immediately towards
aggregation in the approved market; or
(b) notice that the licensee wishes to provide multi-channel services in
the
licensee's existing service area before proceeding towards aggregation in the
approved market.
(2) Subject to subsection (3), where the Indicative Plan is varied to
specify a new area as an approved market for the purposes of this Part, each
licensee in the approved market may, before the end of the period of 28 days
commencing on the day on which the variation is published under section 94F,
give the Minister:
(a) notice that the licensee wishes to proceed immediately towards
aggregation in the approved market; or
(b) notice that the licensee wishes to provide multi-channel services in
the
licensee's existing service area before proceeding towards aggregation in the
approved market.
(3) If the Indicative Plan:
(a) specifies as an approved market an area that includes a metropolitan
service area; or
(b) specifies that an approved market is eligible for an additional
licence;
the following provisions have effect:
(c) subsections (1) and (2) do not apply to the approved market;
(d) the approved market shall be taken to be proceeding immediately
towards
aggregation.
(4) Where a licensee in an approved market fails to give notice under
subsection (1) or (2) before the end of the period referred to in that
subsection, the licensee shall be taken to have given the Minister notice
under that subsection that the licensee wishes to proceed immediately towards
aggregation in the approved market.
(5) A notice under subsection (1) or (2) shall be in writing in accordance
with the form approved by the Minister.
BROADCASTING ACT 1942 - SECT 94H
Effect of elections on approved market
SECT
94H.(1) An approved market shall be taken:
(a) if 2 or more of the licensees in the approved market give notice to
the
Minister under section 94G that they wish to proceed immediately towards
aggregation in the approved market-to be proceeding immediately towards
aggregation; or
(b) if paragraph (a) does not apply-to be proceeding towards aggregation
via
multi-channel services.
(2) For the purposes of subsection (1), where:
(a) 2 or more of the licences in an approved market are specified in the
Indicative Plan as being eligible for consolidation with one another; and
(b) the licensees of those licences give notices to the Minister under
section 94G that they wish to proceed immediately towards aggregation in the
approved market;
those notices shall be deemed to be a single notice under that section given
jointly by those licensees.
BROADCASTING ACT 1942 - SECT 94J
Minister to give notice of effect of elections
SECT
94J. As soon as practicable after the end of the period referred to in
subsection 94G (1) or (2), the Minister shall give each person who holds a
licence in the approved market notice in writing:
(a) stating whether the market is proceeding immediately towards
aggregation
or is proceeding towards aggregation via multi-channel services; and
(b) requiring the licensee to submit to the Minister an implementation
plan
in respect of the licence in accordance with section 94L before the end of the
period of 3 months commencing on the day on which the notice is given to the
licensee.
BROADCASTING ACT 1942 - DIVISION 4
Division 4-Implementation plans
BROADCASTING ACT 1942 - SECT 94K
Submission of implementation plans
SECT
94K.(1) Where the Minister gives a person who holds a licence notice under
section 94J, the person shall, before the end of the period of 3 months
commencing on the day on which the notice is given, submit to the Minister an
implementation plan in respect of the licence.
(2) Where the Indicative Plan published under section 94E:
(a) specifies as an approved market an area that includes a metropolitan
service area; or
(b) specifies that an approved market is eligible for an additional
licence;
each person who holds a licence in the approved market shall, before the end
of the period of 3 months commencing on the day on which the Indicative Plan
is published, submit to the Minister an implementation plan in respect of the
licence.
(3) Where the Indicative Plan is varied to:
(a) specify as a new approved market an area that includes a metropolitan
service area; or
(b) specify that a new approved market is eligible for an additional
licence;
each person who holds a licence in the approved market shall, before the end
of the period of 3 months commencing on the day on which the variation comes
into force pursuant to subsection 94F (2), submit to the Minister an
implementation plan in respect of the licence.
(4) Where the Minister gives a person who holds a licence notice under
section 94ZD, the person shall, before the end of the period of 28 days
commencing on the day on which the notice is given, submit to the Minister an
implementation plan in respect of the licence.
(5) Where:
(a) a licence is granted (otherwise than by way of renewal); and
(b) the licence is in an approved market;
the licensee shall, before the end of the period of 3 months commencing on the
day on which the licence is granted, submit to the Minister an implementation
plan in respect of the licence.
(6) Where a regional licensee who is not in an approved market proposes to
apply under subsection 94V (1) for the grant of an MCS permit in respect of a
licence, the licensee may submit to the Minister an implementation plan in
respect of the licence.
BROADCASTING ACT 1942 - SECT 94L
Implementation plans
SECT
94L.(1) The implementation plan submitted, pursuant to subsection 94K (1),
(2), (3), (4) or (5) or 94N (2), (4) or (5), in respect of a licence in an
approved market shall contain details of:
(a) if the approved market is proceeding immediately towards
aggregation-the
stages and timetable proposed by the licensee for the extension of services
into the aggregation area of the licence before the aggregation completion
date for the approved market; or
(b) if the approved market is proceeding towards aggregation via
multi-channel services:
(i) the stages and timetable proposed by the licensee for the
provision of multi-channel services in the existing service area of the
licence (including the timetable proposed by the licensee for ceasing to
provide such multi-channel services); and
(ii) the stages and timetable proposed by the licensee for the
extension of services into the aggregation area of the licence before the
aggregation completion date for the approved market.
(2) An implementation plan submitted pursuant to subsection 94K (6) in
respect of a licence that is not in an approved market shall contain details
of the stages and timetable proposed by the licensee for the provision of
multi-channel services in the existing service area of the licence.
(3) The implementation plan in respect of a licence in an approved market
shall not propose the provision of multi-channel services beyond the
aggregation completion date for the approved market.
(4) If the Indicative Plan specifies that a licence is eligible for
consolidation with another licence or other licences, any implementation plan
in respect of the licence shall also contain:
(a) a statement whether or not the licensee proposes to consolidate the
licence with that other licence or those other licences; and
(b) if the licensee proposes to consolidate:
(i) a statement of the timetable according to which the
consolidation
is proposed to be completed; and
(ii) an indication of the implementation plan that would be likely
to
be submitted by the licensee of the consolidated licence.
(5) An implementation plan shall be in writing and shall be in accordance
with any guidelines made by the Minister under section 94A.
BROADCASTING ACT 1942 - SECT 94M
Criteria for approval of implementation plan
SECT
94M.(1) In determining whether to approve an implementation plan submitted
by a licensee in respect of a licence and in determining whether to vary the
implementation plan applicable to a licensee in respect of a licence, the
Minister shall have regard to:
(a) the objects of this Part;
(b) the guidelines made under section 94A;
(c) whether the technical aspects of the proposed implementation plan, or
the implementation plan as proposed to be varied, are acceptable, having
regard to the Minister's planning responsibilities;
(d) if:
(i) the implementation plan is submitted by a licensee in respect of
a
licence in an approved market;
(ii) the implementation plan includes a proposed timetable for
ceasing
to provide multi-channel services; and
(iii) each of the implementation plans submitted by the other
licensees in the approved market includes a proposed timetable for ceasing to
provide multi-channel services that is the same as, or substantially the same
as, the proposed timetable referred to in subparagraph (ii);
the desirability of the implementation plan that is to be applicable to the
licensee in respect of the licence including the proposed timetable referred
to in subparagraph (ii);
(e) if the implementation plan is submitted by, or applicable to, a
licensee
in respect of a licence in an approved market-the desirability of
co-ordinating the activities of the licensees in the approved market; and
(f) any other matters that the Minister considers relevant.
(2) Where 2 or more licences in an approved market are specified in the
Indicative Plan as eligible for consolidation with one another, the Minister
shall not approve an implementation plan submitted in respect of one of those
licences if the implementation plan would involve an extension of the service
area of that licence into the service area, or proposed service area, of the
other licence or another of those licences.
BROADCASTING ACT 1942 - SECT 94N
Minister's powers in relation to implementation plans of licensees in
approved
markets
SECT
94N.(1) Where a licensee in an approved market submits an implementation
plan pursuant to subsection 94K (1), (2), (3), (4) or (5) in respect of a
licence, the Minister shall, by notice in writing to the licensee:
(a) approve the implementation plan; or
(b) refuse to approve the implementation plan and require the licensee to
submit to the Minister, within such period (ending not less than 28 days after
the day on which the notice is given) as is specified in the notice, another
implementation plan in respect of the licence.
(2) Where notice is given to a licensee under paragraph (1) (b), the
licensee shall submit to the Minister another implementation plan in respect
of the licence within the period specified in the notice.
(3) Where a licensee submits an implementation plan under subsection (2) in
respect of a licence, the Minister shall, by notice in writing to the
licensee:
(a) approve the implementation plan; or
(b) refuse to approve the implementation plan.
(4) Where the Minister refuses under subsection (3) or (6) to approve an
implementation plan in respect of a licence, the Minister may do any one or
more of the following:
(a) direct the Tribunal under subsection 18 (2) to hold an inquiry into
such
matters relating to the implementation plan to be submitted by the licensee in
respect of the licence as the Minister specifies in the direction;
(b) direct the licensee under section 125E to submit to the Minister,
within
such period (ending not less than 28 days after the day on which the direction
is given) as is specified in the direction, another implementation plan in
respect of the licence in accordance with such principles and requirements as
the Minister specifies in the direction;
(c) determine, in writing, the terms of the implementation plan that is to
be applicable to the licensee in respect of the licence for the purposes of
this Act.
(5) Where a licensee in an approved market fails to submit to the Minister
an implementation plan in respect of a licence in accordance with this
Division, the Minister may do any one or more of the following:
(a) direct the Tribunal under subsection 18 (2) to hold an inquiry into
such
matters relating to the implementation plan to be submitted by the licensee in
respect of the licence as the Minister specifies in the direction;
(b) direct the licensee under section 125E to submit to the Minister,
within
such period (ending not less than 28 days after the day on which the direction
is given) as is specified in the direction, an implementation plan in respect
of the licence in accordance with such principles and requirements as the
Minister specifies in the direction;
(c) determine, in writing, the terms of the implementation plan that is to
be applicable to the licensee in respect of the licence for the purposes of
this Act.
(6) Where a licensee in an approved market submits an implementation plan to
the Minister pursuant to a direction given by the Minister under section 125E,
the Minister shall, by notice in writing to the licensee:
(a) approve the implementation plan; or
(b) refuse to approve the implementation plan.
(7) Where the Minister, pursuant to paragraph (4) (a) or (5) (a), directs
the Tribunal to hold an inquiry, the Minister may specify in the direction the
day before which the Tribunal is to make its recommendations to the Minister
and the Tribunal shall make its recommendations to the Minister before that
day.
(8) Where the Minister receives recommendations from the Tribunal in
relation to the implementation plan to be submitted by a licensee in respect
of a licence, the Minister shall have regard to those recommendations in
exercising the Minister's powers under paragraphs (4) (b) and (c) and (5) (b)
and (c) in relation to the licensee in respect of the licence.
(9) Where the Minister approves an implementation plan, or determines the
terms of an implementation plan, under this section, the Minister shall give a
copy of the implementation plan to:
(a) the Tribunal; and
(b) each of the other licensees in the approved market concerned.
BROADCASTING ACT 1942 - SECT 94P
Minister's powers in relation to implementation plans of licensees not in
approved markets
SECT
94P.(1) Where a licensee who is not in an approved market submits an
implementation plan under subsection 94K (6), the Minister shall, by notice in
writing to the licensee:
(a) approve the implementation plan; or
(b) refuse to approve the implementation plan.
(2) Where the Minister approves an implementation plan under this section,
the Minister shall give a copy of the implementation plan to the Tribunal.
BROADCASTING ACT 1942 - SECT 94Q
Variation of implementation plan
SECT
94Q.(1) Subject to subsections (3), (4) and (5), the Minister may, by notice
in writing to a licensee, vary the implementation plan applicable to the
licensee in respect of a licence.
(2) The power under subsection (1) may be exercised on application in
writing by the licensee concerned or on the Minister's own initiative.
(3) The Minister shall not vary an implementation plan applicable to a
licensee in respect of a licence in an approved market so as to vary the
period during which the licensee is to provide a multi-channel service unless
the licensee and the other licensees in the approved market have consented, in
writing, to the variation.
(4) Nothing in subsection (3) shall be read as limiting, by implication, the
powers of the Minister or the Tribunal under sections 94X and 94Y.
(5) Before the Minister varies an implementation plan applicable to a
licensee in respect of a licence in an approved market on application by the
licensee:
(a) the Minister shall give each other licensee in the approved market
notice in writing:
(i) specifying the variation proposed to be made by the Minister;
and
(ii) stating that that other licensee may, not later than such day
(not earlier than 14 days after the day on which the notice is given) as is
specified in the notice, make representations to the Minister relating to the
proposed variation; and
(b) the Minister shall have regard to any representations so made.
(6) Before the Minister varies an implementation plan applicable to a
licensee in respect of a licence in an approved market on the Minister's own
initiative:
(a) the Minister shall give each licensee in the approved market notice in
writing:
(i) specifying the variation proposed to be made by the Minister;
and
(ii) stating that the licensee may, not later than such day (not
earlier than 14 days after the day on which the notice is given) as is
specified in the notice, make representations to the Minister relating to the
proposed variation; and
(b) the Minister shall have regard to any representations so made.
(7) Where the Minister varies the implementation plan applicable to a
licensee in respect of a licence, the Minister shall, as soon as practicable,
give notice in writing of the variation to:
(a) the Tribunal; and
(b) if the licence is in an approved market-the other licensees in the
approved market.
(8) Where:
(a) a licensee (not being a licensee in an approved market) holds an MCS
permit in respect of the licence in accordance with an implementation plan
applicable to the licensee in respect of the licence;
(b) the Indicative Plan is varied to specify a new area as an approved
market for the purposes of this Part; and
(c) the service area of the licence is within the approved market;
then:
(d) subject to Division 5, the MCS permit continues in force; and
(e) the implementation plan ceases to have effect when the variation of
the
Indicative Plan comes into force.
BROADCASTING ACT 1942 - SECT 94R
Effect of transfer of licence on implementation plan
SECT
94R.(1) Subject to subsection (2), where an implementation plan is
applicable to a licensee in respect of a licence and the licence is
transferred to another person, the Minister shall determine, in writing, the
terms of the implementation plan that is to be applicable to the new licensee
in respect of the licence for the purposes of this Act.
(2) Where:
(a) an implementation plan is applicable to a licensee in respect of a
licence; and
(b) the licensee transfers the licence to another person;
the terms of the implementation plan determined by the Minister under
subsection (1) in relation to the new licensee in respect of the licence shall
be substantially the same as the terms of the implementation plan referred to
in paragraph (a) of this subsection.
(3) Where the Minister determines under subsection (1) the terms of an
implementation plan applicable to a licensee in respect of a licence, the
Minister shall give a copy of the implementation plan to:
(a) the Tribunal; and
(b) if the licence is in an approved market-each of the other licensees in
the approved market.
BROADCASTING ACT 1942 - DIVISION 5
Division 5-Aggregation and multi-channel services
BROADCASTING ACT 1942 - SECT 94S
Aggregation
SECT
94S.(1) Where:
(a) a licence in an approved market (in this subsection referred to as the
'relevant licence') is eligible for consolidation with another licence; and
(b) the Minister is satisfied that the extension of the service area of
the
relevant licence to include the whole or a part of the aggregation area of the
relevant licence is consistent with the implementation plan applicable to the
licensee in respect of the relevant licence;
the Minister may, by notice in writing, direct the Tribunal, as specified in
the notice, to extend the service area of the relevant licence accordingly and
the Tribunal shall comply with the direction.
(2) Where:
(a) paragraph (1) (a) does not apply in relation to a licence in an
approved
market; and
(b) the Minister is satisfied that the extension of the service area of
the
licence to include the whole of the aggregration area of the licence is
consistent with the implementation plan applicable to the licensee in respect
of the licence;
the Minister may, by notice in writing, direct the Tribunal, as specified in
the notice, to extend the service area of the licence accordingly and the
Tribunal shall comply with the direction.
(3) Where the service area of a licence has been extended in accordance with
subsection (1) or (2), the Minister may, pursuant to subsection 89D (6):
(a) vary or revoke any of the technical conditions of the licence warrant
in
relation to the licence; or
(b) determine further technical conditions to be applicable to that
licence
warrant.
(4) The Minister may exercise the powers under this section either upon
application by the licensee concerned or on the Minister's own initiative.
(5) Subsection 85 (5) does not apply in relation to a direction given by the
Minister under subsection (1) or (2).
BROADCASTING ACT 1942 - SECT 94T
Multi-channel service permits
SECT
94T.(1) A multi-channel service permit is a permit granted by the Minister
and authorising the licensee to whom it is granted to transmit television
programs to the general public within the service area of the permit by way of
a service that is additional to:
(a) the service provided pursuant to the licence; and
(b) the service provided pursuant to any other multi-channel service
permit
granted in respect of the licence.
(2) A multi-channel service permit shall specify:
(a) the licence in respect of which the permit is granted; and
(b) the area to be served pursuant to the permit.
(3) Subject to subsection (4) and subsections 94U (1) and 94Y (5), a
multi-channel service permit (including such a permit granted by way of
renewal) continues in force for such period (not exceeding 12 months) as is
specified in the permit.
(4) Where:
(a) a licensee to whom a multi-channel service permit is granted applies
for
renewal of the permit; and
(b) the period for which the permit is in force would, but for this
subsection, expire before the Minister has renewed, or refused to renew, the
permit;
the permit continues in force, subject to subsections 94U (1) and 94Y (5), by
virtue of this subsection until the Minister renews, or refuses to renew, the
permit.
BROADCASTING ACT 1942 - SECT 94U
Relationship of MCS permit to head licence
SECT
94U.(1) An MCS permit granted in respect of a licence:
(a) ceases to be in force during any period during which the licence
(including the licence as renewed) is not in force; and
(b) upon the transfer of the licence (including the licence as renewed),
passes to the new licensee.
(2) Where, pursuant to subsection (1), an MCS permit is transferred to a
person, the person shall be deemed to have given an undertaking to the
Minister in the same terms as the undertaking that was applicable in relation
to the permit immediately before the transfer.
BROADCASTING ACT 1942 - SECT 94V
Grant of MCS permit
SECT
94V.(1) A regional licensee may apply to the Minister, in writing, for the
grant of an MCS permit in respect of the licence.
(2) Where:
(a) a licensee makes an application under subsection (1) for the grant of
an
MCS permit in respect of a licence; and
(b) the Minister is satisfied that the grant of the permit is consistent
with the implementation plan applicable to the licensee in respect of the
licence;
the Minister may grant an MCS permit to the licensee in respect of the
licence.
(3) Where:
(a) a licence (in this subsection referred to as the
'new licence') is granted pursuant to section 94ZC;
(b) an MCS permit had been granted in respect of a licence (in this
subsection referred to as the 'old licence') that the new licence replaces;
and
(c) the permit is in force immediately before the old licence is revoked
pursuant to section 94ZC;
the Minister may, notwithstanding that there is no implementation plan
applicable to the new licence, grant an MCS permit having the same service
area as the permit referred to in paragraph (b) in relation to the new licence
if the Minister is satisfied that the grant of the permit is consistent with
the objects of this Part.
(4) The Minister shall not grant more than 2 MCS permits in respect of a
particular licence.
(5) An applicant for the grant of an MCS permit shall, before the permit is
granted, give an undertaking in writing to the Minister that the licensee
will, if the permit is granted:
(a) comply with the conditions of the permit;
(b) provide an adequate and comprehensive service pursuant to the permit;
and
(c) encourage the provision of programs wholly or substantially produced
in
Australia and use, and encourage the use of, Australian creative resources in
and in connection with the provision of programs pursuant to the permit.
BROADCASTING ACT 1942 - SECT 94W
Conditions applicable to MCS permit
SECT
94W.(1) Upon the grant of an MCS permit (including a grant by way of
renewal) in respect of a licence, the conditions of the permit are:
(a) the service area of the permit;
(b) the condition that the licensee will comply with the implementation
plan
applicable to the licensee in respect of the licence; and
(c) such other conditions as the Minister specifies in the permit.
(2) The Minister may, during the currency of an MCS permit, by notice in
writing to the permit holder, vary or revoke any of the conditions of the
permit or impose further conditions.
(3) The Minister shall exercise the power under subsection (1) or (2) in
relation to a licensee in relation to an MCS permit granted in respect of a
licence in a manner that is consistent with the implementation plan applicable
to the licensee in respect of the licence.
(4) The Tribunal may make recommendations to the Minister in relation to the
exercise by the Minister of powers under this section in relation to an MCS
permit and, where the Tribunal makes such recommendations, the Minister shall
have regard to those recommendations in exercising those powers.
BROADCASTING ACT 1942 - SECT 94X
Renewal of MCS permits
SECT
94X.(1) The holder of an MCS permit may, not less than 10 weeks before the
expiration of the permit, apply to the Minister, in writing, for renewal of
the permit.
(2) The Minister may, before or after the expiration of the permit referred
to in subsection (1), extend the period within which the holder of an MCS
permit may apply for renewal of the permit.
(3) The holder of an MCS permit shall, before the permit is renewed, give a
fresh undertaking in writing to the Minister in the same terms as an
undertaking required to be given under subsection 94V (5).
(4) The Minister shall not renew an MCS permit granted to a licensee in
respect of a licence unless the renewal is consistent with the implementation
plan applicable to the licensee in respect of the licence.
(5) The Minister may refuse to renew an MCS permit if:
(a) the permit holder has failed to give an undertaking under subsection
(3);
(b) the Minister is satisfied that the renewal of the permit would be
contrary to a provision of this Act; or
(c) the Minister is satisfied that:
(i) the permit holder has failed to comply with a condition of the
permit; and
(ii) it is advisable in the public interest, having regard to that
failure, that the permit not be renewed.
BROADCASTING ACT 1942 - SECT 94Y
Suspension and revocation of MCS permit
SECT
94Y.(1) The Minister may, by notice in writing to the holder of an MCS
permit, suspend or revoke the permit.
(2) The Tribunal may recommend to the Minister, in writing, that an MCS
permit granted in respect of a licence be suspended or revoked if the Tribunal
is satisfied that:
(a) the permit holder has failed to a significant extent to comply with
the
implementation plan applicable to the permit holder in respect of the
licence;
(b) the permit holder has failed to comply with an undertaking given under
subsection 94V (5) or 94X (3); or
(c) the permit holder has failed to comply with a condition of the permit
(other than a condition that the permit holder will comply with an
implementation plan applicable to the permit holder in respect of the
licence).
(3) Where:
(a) the Tribunal, under subsection (2), recommends to the Minister that an
MCS permit be suspended or revoked; and
(b) the grounds on which the Tribunal makes the recommendation do not
include the ground that the permit holder has failed to a significant extent
to comply with an implementation plan applicable to the permit holder;
the Minister shall suspend or revoke the permit in accordance with the
recommendation of the Tribunal.
(4) Where the Tribunal recommends to the Minister that an MCS permit be
suspended, the Tribunal shall include in the recommendation:
(a) a statement of the period for which the suspension should have effect;
and
(b) the conditions (if any) subject to which the suspension should have
effect.
(5) During the period of suspension of an MCS permit, the permit has no
force or effect, but the period of currency of the permit continues to run.
BROADCASTING ACT 1942 - SECT 94Z
Separate transfer of permit not permitted
SECT
94Z. Subject to paragraph 94U (1) (b), an MCS permit holder shall not
transfer the permit or admit another person to participate in any of the
benefits of the permit or to exercise any of the powers or authorities granted
by the permit.
BROADCASTING ACT 1942 - SECT 94ZA
Broadcasting requirements
SECT
94ZA.
(2) The holder of an MCS permit shall commence the service pursuant to the
permit on such date as is determined by the Minister.
(3) The holder of an MCS permit granted in respect of a licence shall not,
without the approval of the Tribunal, regularly engage in repetitive
broadcasting.
(4) For the purposes of subsection (3), the holder of an MCS permit granted
in respect of a licence shall be taken to engage in repetitive broadcasting if
and only if the permit holder:
(a) televises pursuant to the permit a program that is being
simultaneously
televised pursuant to the licence or another MCS permit granted in respect of
the licence;
(b) televises pursuant to the permit a program that has been televised
within the preceding 24 hours pursuant to the licence or another MCS permit
granted in respect of the licence; or
(c) televises pursuant to the licence or another MCS permit granted in
respect of the licence a program that has been televised within the preceding
24 hours pursuant to the permit.
(5) In subsection (4):
'program' does not include an advertisement;
'televise', in relation to a program, includes a reception and
re-transmission of the program.
BROADCASTING ACT 1942 - SECT 94ZB
Permit warrants
SECT
94ZB.(1) Before the grant of an MCS permit, the Minister shall determine the
technical conditions of the MCS permit warrant.
(2) Technical conditions determined under subsection (1) may include
conditions that are to be applicable only in specified circumstances.
(3) Upon the grant of the MCS permit, the Minister shall grant to the permit
holder an MCS permit warrant that:
(a) authorises the operation, in accordance with the MCS permit warrant
and
by the person or persons specified in the warrant, of a radiocommunications
transmitter or transmitters specified in the warrant (other than a transmitter
in an AUSSAT satellite) for the purpose of transmission to the general public
of television programs; and
(b) specifies the technical conditions that are to be complied with.
(4) The authorisations under:
(a) an MCS permit warrant or MCS permit warrants and a licence warrant or
licence warrants; or
(b) 2 or more MCS permit warrants;
may relate to the same radiocommunications transmitter.
(5) An MCS permit warrant:
(a) subject to paragraph (b), continues in force while the MCS permit
(including any renewal) remains in force; and
(b) upon the transfer of the MCS permit under paragraph 94U (1)
(c), passes to the new MCS permit holder.
(6) Subject to subsections (7) and (8), the Minister may, during the
currency of an MCS permit warrant, by notice in writing to the permit holder,
vary or revoke any of the technical conditions of the warrant or determine
further technical conditions to be applicable to the warrant.
(7) The Minister, in an MCS permit warrant, shall not, without the consent
of the permit holder, authorise the operation of a radiocommunications
transmitter by a person other than the permit holder.
(8) Before the Minister varies or revokes a technical condition of an MCS
permit warrant, or determines that a further technical condition is to be
applicable to an MCS permit warrant, the Minister shall give the permit holder
notice in writing specifying the proposed variation or revocation or the
proposed new technical condition, as the case may be, and informing the permit
holder that the permit holder may make representations to the Minister not
later than a specified day (not less than 14 days after the date of the
notice), and the Minister shall have regard to any representations so made.
BROADCASTING ACT 1942 - DIVISION 6
Division 6-Consolidation of licences
BROADCASTING ACT 1942 - SECT 94ZC
Consolidation of licences
SECT
94ZC.(1) Where:
(a) 2 or more licences are specified in the Indicative Plan as being
eligible for consolidation with one another;
(b) the same licensee holds each of the licences;
(c) the licensee applies to the Minister, in writing, for consolidation of
the licences in the name of the licensee; and
(d) the Minister approves the service specifications and technical
conditions proposed for the consolidated licence;
the Minister may direct the Tribunal, in writing, to:
(e) revoke the licences; and
(f) grant a new licence to the licensee under section 81.
(2) Where:
(a) 2 or more licences are specified in the Indicative Plan as being
eligible for consolidation with one another;
(b) the licences are not held by the same licensee;
(c) the licensees apply to the Minister, in writing, for consolidation of
the licences in the name of a person specified in the application; and
(d) the Minister approves the service specifications and technical
conditions proposed for the consolidated licence;
the Minister may direct the Tribunal, in writing, to:
(e) revoke the licences; and
(f) grant a new licence to the proposed licensee under section 81.
(3) An application under subsection (1) or (2) shall contain:
(a) details of the service specifications and technical conditions
proposed
for the consolidated licence; and
(b) a proposed implementation plan for the proposed licensee in respect of
the consolidated licence.
(4) Where the Minister directs the Tribunal, under subsection (1) or (2), to
grant a licence, the Minister shall specify in the direction:
(a) the service specifications for the licence; and
(b) the technical conditions to be included in the licence warrant to be
granted in respect of the licence.
(5) The service area of a licence granted pursuant to this section shall
consist of the combined service areas of the licences that it replaces.
(6) The aggregation area in respect of a licence granted pursuant to this
section in respect of licences in an approved market shall be the area
specified in the Indicative Plan as the aggregation area for the licence that
may be granted pursuant to this Division in respect of those licences.
(7) Where the Tribunal is directed under this section to grant a licence to
a person, the Tribunal shall, subject to subsections (8) and (10), grant the
licence to the person under section 81 without holding an inquiry.
(8) Before a licence is granted pursuant to this section, the proposed
licensee shall give an undertaking in writing to the Tribunal that the
proposed licensee will, if the licence is granted:
(a) comply with the conditions of the licence;
(b) provide an adequate and comprehensive service pursuant to the licence;
and
(c) encourage the provision of programs wholly or substantially produced
in
Australia and use, and encourage the use of, Australian creative resources in
and in connection with the provision of programs.
(9) An undertaking given under subsection (8) shall be deemed, for the
purposes of this Act, to have been given under subsection 83 (1).
(10) Where the Tribunal is directed under subsection (2) to grant a licence
to a person, the Tribunal shall not grant the licence to the person unless:
(a) the person is a licensee holding one of the licences referred to in
paragraph (2) (a); or
(b) the Tribunal is satisfied that:
(i) granting the licence to the person would not be contrary to a
provision of this Act; and
(ii) the person:
(A) is a fit and proper person to hold the licence;
(B) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence; and
(C) is otherwise capable of complying with the conditions of the
licence.
BROADCASTING ACT 1942 - SECT 94ZD
Effect of consolidation of licences on implementation plans
SECT
94ZD. Where:
(a) a licence is granted to a person pursuant to section 94ZC; and
(b) the licence is in an approved market;
the Minister shall, by notice in writing to the person, require the person to
submit to the Minister, before the end of the period of 28 days commencing on
the day on which the notice is given, an implementation plan in respect of the
licence.
BROADCASTING ACT 1942 - DIVISION 7
Division 7-Grant of additional licences in approved markets
BROADCASTING ACT 1942 - SECT 94ZE
Grant of additional licences in approved markets
SECT
94ZE. Where the Indicative Plan specifies that an approved market is
eligible for an additional licence for the purposes of this Part, an
additional licence having the approved market as its service area may be
granted in accordance with sections 82, 83 and 83A but section 83A applies in
relation to the grant of the licence as if paragraph 83A (4) (c) and
subsection 83A (5) were omitted.
BROADCASTING ACT 1942 - DIVISION 8
Division 8-Special provisions in relation to Tasmania
BROADCASTING ACT 1942 - SECT 94ZF
Additional licence in Tasmania
SECT
94ZF. An additional licence having as its service area the combined service
areas of the existing licences in Tasmania may be granted in accordance with
sections 82 and, 83 and 83A but section 83A applies in relation to the grant
of the licence as if paragraph 83A (4) (c) and subsection 83A (5) were
omitted.
BROADCASTING ACT 1942 - SECT 94ZG
Consolidation of existing licences in Tasmania
SECT
94ZG. Section 94ZC (other than paragraph 94ZC (3) (b)) applies in relation
to the existing licences in Tasmania as if the Indicative Plan specified that
those licences were eligible for consolidation with one another.
BROADCASTING ACT 1942 - SECT 94ZH
Aggregation of service areas of existing licences in Tasmania
SECT
94ZH.(1) Upon application by a licensee who holds an existing licence in
Tasmania, the Minister, in his or her discretion, may, by notice in writing,
direct the Tribunal, as specified in the notice, to extend the service area of
the licence to include the combined service areas of the existing licences in
Tasmania and the Tribunal shall comply with the direction.
(2) Where the service area of a licence has been extended in accordance with
subsection (1), the Minister may, by notice in writing to the licensee:
(a) vary or revoke any of the technical conditions of the licence warrant
in
relation to the licence; or
(b) determine further technical conditions to be applicable to that
licence
warrant.
(3) Subsection 85 (5) does not apply in relation to a direction given by the
Minister under subsection (1).
BROADCASTING ACT 1942 - DIVISION 9
Division 9-Miscellaneous
BROADCASTING ACT 1942 - SECT 94ZJ
Minister may require information from licensees
SECT
94ZJ.(1) The Minister may, by notice in writing to a licensee, require the
licensee to give the Minister, within such period (ending not less than 7 days
after the day on which the notice is given) as the Minister specifies in the
notice, such information relating to:
(a) an implementation plan submitted to the Minister by the licensee;
(b) an implementation plan applicable to the licensee;
(c) a proposed determination pursuant to paragraph 94N (4) (c) or (5) (c);
(d) a proposed variation of an implementation plan applicable to the
licensee;
(e) an application by the licensee for the grant or renewal of an MCS
permit
or the grant of an MCS permit warrant;
(f) a proposed variation of the conditions of an MCS permit or MCS permit
warrant held by the licensee; or
(g) a proposed consolidation of licences in accordance with section 94ZC;
as the Minister specifies in the notice.
(2) A licensee who is given notice under subsection (1) shall comply with
the notice.
(3) The Minister shall ensure that information given to the Minister under
subsection (2) is not made available to any person in such a manner, or in
such circumstances, as, in the opinion of the Minister, would be prejudicial
to the interests of the licensee.
BROADCASTING ACT 1942 - SECT 94ZK
Minister to notify Tribunal
SECT
94ZK.(1) Where the Minister:
(a) grants an MCS permit or MCS permit warrant;
(b) renews an MCS permit;
(c) varies the conditions applicable to an MCS permit or MCS permit
warrant;
(d) revokes or suspends an MCS permit; or
(e) receives an undertaking in relation to an MCS permit;
the Minister shall give notice in writing to the Tribunal of the grant,
renewal, variation, revocation, suspension or undertaking.
BROADCASTING ACT 1942 - SECT 94ZL
No compensation
SECT
94ZL. A person is not entitled to compensation from the Commonwealth by
reason of the suspension or revocation of an MCS permit.
BROADCASTING ACT 1942 - PART IV
PART IV-BROADCASTING REQUIREMENTS
BROADCASTING ACT 1942 - SECT 96
Commencement of service
SECT
96.(1) The holder of a licence:
(a) shall commence the service in pursuance of the licence on such date as
is determined by the Tribunal; and
(b) where the technical conditions of the licence warrant are varied so as
to authorize the use of an additional radiocommunications transmitter or
additional radiocommunications transmitters to provide the service pursuant to
the licence-shall commence to provide the service from that additional
transmitter or those additional transmitters on such date as is determined by
the Tribunal.
(2) Notwithstanding subsection (1), where the service pursuant to the
licence is to be provided by means of 2 or more radiocommunications
transmitters, or a variation of the technical conditions of a licence warrant
authorizes the use of one or more additional radiocommunications transmitters
to provide the service pursuant to the licence, the Tribunal may permit the
transmission of programs by means of those transmitters to commence on such
respective dates as are determined by the Tribunal.
BROADCASTING ACT 1942 - SECT 97
Hours of service
SECT
97. A licensee shall not broadcast programs except during such hours as the
Tribunal determines.
BROADCASTING ACT 1942 - SECT 99
Programs
SECT
99.(1) A licensee:
(a) shall provide programs (other than programs to which paragraph (b)
applies); and
(b) may provide programs being advertisements.
(1A) A licensee shall supervise the broadcasting of the licensee's programs
in such manner as to ensure that the program standards are complied with.
(1B) A failure by a licensee to comply with subsection (1A) does not
constitute a contravention of that subsection if:
(a) the failure was due to reasonable mistake;
(b) the failure was due to reasonable reliance on information supplied by
another person; or
(c) the failure was due to an act or default of another person, to an
accident or to some other cause beyond the licensee's control and the licensee
took reasonable precautions and exercised due diligence to avoid the failure.
(2) The Tribunal may give directions to a licensee for the purpose of
ensuring that the program standards are complied with in relation to the
broadcasting of programs by the licensee and in relation to the programs to be
broadcast by the licensee, and the licensee shall comply with any such
directions.
(2A) The Tribunal is not empowered by subsection (2) to direct that, before
programs are broadcast, the programs, or a sample of the programs, have been
approved by the Tribunal or by a person or body appointed by the Tribunal.
(4) A licensee shall, upon request by the Tribunal, make available to the
Tribunal or an authorized officer any writing, record, film or other material
or device used in connexion with or for the purposes of a program.
BROADCASTING ACT 1942 - SECT 100
Special provisions relating to advertisements
SECT
100. (2) A licensee intending to broadcast advertisements shall publish
particulars of his advertising charges.
(3) A licensee shall not, without reasonable cause, discriminate against any
person applying for the use of his advertising service.
(5A) A licensee shall not broadcast an advertisement for, or for the use
of:
(a) cigarettes;
(b) cigarette tobacco; or
(c) other tobacco products.
(6) A licensee shall not broadcast an advertisement relating to a medicine
unless the text of the proposed advertisement has been approved:
(a) by the Secretary to the Department of Community Services and Health
under subsection (6B); or
(b) by the Minister on appeal to the Minister under this section.
(6A) A person may apply, in writing, to the Secretary to the Department of
Community Services and Health for approval of the text of a proposed
advertisement relating to a medicine.
(6B) Where an application is made under subsection (6A), the Secretary to
the Department of Community Services and Health may, in writing, approve or
disapprove the text.
(6C) Where the Secretary to the Department of Community Services and Health
approves or disapproves the text of a proposed advertisement relating to a
medicine, the Secretary shall give the applicant written notice of the
approval or disapproval.
(6D) Where:
(a) an application is made under subsection (6A) for approval of the text
of
a proposed advertisement relating to a medicine; and
(b) the period of 60 days commencing on the day on which the application
is
made ends without the Secretary to the Department of Community Services and
Health having given the applicant written notice of the Secretary's approval
or disapproval of the text;
the Secretary shall be deemed to have approved the text under subsection (6B)
at the end of that period.
(7) The Secretary to the Department of Community Services and Health may
delegate to a medical officer of a State his power under this section to
approve the text of an advertisement.
(8) Any such delegation is revocable in writing at will and does not prevent
the exercise of a power by the Secretary to the Department of Community
Services and Health.
(9) A person may appeal to the Minister from any decision of the Secretary
to the Department of Community Services and Health or of a delegate of that
Secretary under this section.
(10) A reference in subsection (5A) or (6) to the broadcasting of
advertisements or of an advertisement shall be read as not including a
reference to the broadcasting of matter of an advertising character as an
accidental or incidental accompaniment of the broadcasting of other matter in
circumstances in which the licensee does not receive payment or other valuable
consideration for broadcasting the advertising matter.
BROADCASTING ACT 1942 - SECT 101
Reprimands and admonishments
SECT
101.(1) Where a licensee has contravened subsection 99 (1A) in relation to
the broadcasting of programs, or the programs broadcast by a licensee, the
Tribunal may issue to the licensee in writing a reprimand or admonishment.
(2) The Tribunal may, in addition to issuing a reprimand or admonishment to
a licensee under subsection (1), direct the licensee in writing to publish the
reprimand or admonishment in such form and manner as is specified by the
Tribunal in the direction, and the licensee shall comply with the direction.
(3) The issue of a reprimand or admonishment or the giving of a direction
under this section in relation to a contravention of subsection 99 (1A) does
not affect any other action that the Tribunal may, apart from this section,
take under this Act in relation to the contravention.
BROADCASTING ACT 1942 - SECT 102
Transmission of news
SECT
102.(1) A licensee shall not:
(b) broadcast news or information of any kind published in a newspaper or
obtained, collected, collated or co-ordinated by a newspaper, association of
newspapers, news agency or news service, except in accordance with the terms
of an agreement between the licensee and the newspaper, association of
newspapers, news agency or news service.
(2) A reference in subsection (1) to a licensee includes a reference to the
holder of an MCS permit.
BROADCASTING ACT 1942 - SECT 103
Broadcasting of religious matter
SECT
103. A licensee shall broadcast Divine Worship or other matter of a
religious nature during such periods as the Tribunal determines and, if the
Tribunal so directs, shall do so without charge.
BROADCASTING ACT 1942 - SECT 104
Items of national interest
SECT
104. The Minister may, by notice given by telegram or otherwise in writing,
require a licensee to broadcast, without charge, such items of national
interest as the Minister specifies, but the Minister shall not require the
broadcasting of matter for a period in excess of 30 minutes in any period of
24 consecutive hours.
BROADCASTING ACT 1942 - SECT 105
Particulars of programs to be made available
SECT
105. A licensee shall, before the publication of any particulars of any
program to be broadcast by the licensee, make a copy of those particulars
available on equal terms to the publishers (including the Corporation) of any
newspaper, magazine or journal published in Australia.
BROADCASTING ACT 1942 - SECT 105A
Action taken under subsection 99 (3) or section 104 to be reported to the
Parliament
SECT
105A. Where the Minister has made any requirement under section 104, he
shall within 7 sitting days report the same in writing to both Houses of the
Parliament and shall give the reasons for such requirement.
BROADCASTING ACT 1942 - SECT 113
Corporation to make certain programs available to licensees
SECT
113.(1) The Managing Director of the Corporation shall make available to the
holder of a television licence having a service area that does not overlap the
service area of any television service provided by the Corporation such
programs of the Corporation as are specified by the Minister and the licensee
shall broadcast the programs so specified.
(2) The program shall be televised in accordance with such conditions as are
agreed upon between the Managing Director of the Corporation and the licensee
or, in the event of disagreement as to those conditions, as the Tribunal
determines.
(3) The licensee shall pay to the Corporation, in respect of the program
made available by the Managing Director of the Corporation, such amount (if
any) as is agreed between the licensee and the Managing Director of the
Corporation, or, in default of agreement, as the Tribunal determines.
BROADCASTING ACT 1942 - SECT 113A
Corporation may make programs available to certain licensees
SECT
113A. The Managing Director of the Corporation may make available to the
holder of a retransmission permit, on such terms and conditions as are agreed
upon between the Managing Director of the Corporation and the holder of the
permit, such programs of the Corporation as the Managing Director of the
Corporation thinks fit.
BROADCASTING ACT 1942 - SECT 114
Encouragement of Australian artists
SECT
114.(1) The Corporation and licensees shall, as far as possible, use the
services of Australians in the production and presentation of radio and
television programs.
(2) Not less than 5% of the time occupied by the programs of the Corporation
and not less than 5% of the time occupied by the programs broadcast pursuant
to a radio licence, in the broadcasting by radio of music shall be devoted to
the broadcasting of works of composers who are Australians.
(3) In this section, 'Australian' means a person who was born or is
ordinarily resident in Australia.
BROADCASTING ACT 1942 - SECT 115
Televising of sporting events and entertainments
SECT
115. The Corporation or the holder of a television licence shall not
televise, either directly, or by means of any recording, film or other
material or device or otherwise, the whole or a part of a sporting event or
other entertainment held in Australia, after the commencement of this section,
in a place to which a charge is made for admission, if the images of the
sporting event or other entertainment originate from the use of equipment
outside that place.
BROADCASTING ACT 1942 - SECT 116
Broadcasting or televising of political matter or controversial matter
SECT
116.*2* (1) Subject only to this section, the Australian Broadcasting
Corporation Board may determine to what extent and in what manner political
matter or controversial matter will be broadcast by the Corporation.
(3) If, during an election period, a licensee broadcasts election matter, he
shall afford reasonable opportunities for the broadcasting of election matter
to all political parties contesting the election, being parties which were
represented in either House of the Parliament for which the election is to be
held at the time of its last meeting before the election period.
(4) Where:
(a) the writ for an election has been issued; and
(b) the service area of a licence overlaps the area of Australia to which
the election relates;
the Tribunal shall, by notice in writing served on the licensee not later than
14 days before the commencement of the period that is the relevant period in
relation to the election, require the licensee to refrain from broadcasting
election advertisements in relation to that election during that relevant
period.
(4A) A licensee upon which a notice has been served pursuant to subsection
(4) in relation to an election shall not broadcast an election advertisement
in relation to that election in contravention of the notice.
(5) Nothing in this section requires a licensee to broadcast any matter free
of charge.
(6) In this section:
'election' means an election to a Parliament;
'election advertisement', in relation to an election, means:
(a) an advertisement:
(i) that contains election matter that relates to that election; and
(ii) in respect of the broadcasting of which the relevant licensee
has
received or is to receive, directly or indirectly, any money or other
consideration;
(b) an announcement containing a statement to the effect that a program
that
is to be or has been broadcast is or was sponsored by a particular person or
persons and indicating that the person is a candidate, or one or more of the
persons is or are candidates, at the election; or
(c) an announcement containing a statement to the effect that a program
that
is to be or has been broadcast is or was sponsored by a particular political
party, where a candidate at the election belongs to that political party;
'election matter', in relation to an election, means matter of any of the
following kinds:
(a) matter commenting on, or soliciting votes for, a candidate at the
election;
(b) matter commenting on, or advocating support of, a political party to
which a candidate at the election belongs;
(c) matter commenting on, stating or indicating any of the matters being
submitted to the electors at the election or any part of the policy of a
candidate at the election or of the political party to which a candidate at
the election belongs; or
(d) matter referring to a meeting held or to be held in connection with
the
election;
'election period', in relation to an election, means the period that
commences on the day on which the writ for the election is issued and ends at
the close of the poll on the polling day for the election;
'relevant period', in relation to an election, means the period that
commences at the expiration of the Wednesday next preceding the polling day
for the election and ends at the close of the poll on that polling day;
*2*Sections 116 and 117-The Broadcasting Act 1942 was modified by regulation 2
and Schedule 1 of the A.C.T. Self-Government (Consequential Provisions)
Regulations as amended. The provisions of Schedule 1 applicable to the
abovementioned Act quoted below are not incorporated in this reprint.
'After subsection 116 (3):
Insert the following subsection:
'(3A) Subsection (3) applies to the first general election for the
Legislative Assembly of the Australian Capital Territory as if all the words
from and including ', being parties' to the end of the subsection were
omitted.'. Paragraph 116 (4) (a):
After 'issued' insert 'or, in the case of a general election for the
Legislative Assembly of the Australian Capital Territory, the pre-election
period within the meaning of the Australian Capital Territory (Electoral) Act
1988 has begun'.
'Subsection 116 (6) (definition of election period):
Omit the definition, substitute:
'election period', in relation to an election means the period that begins:
(a) in relation to a general election for the Legislative Assembly of the
Australian Capital Territory-on the day that is the first day of the
pre-election period within the meaning of the Australian Capital Territory
(Electoral) Act 1988; or
(b) in any other case-on the day on which the writ for the election is
issued:
and ends at the close of the poll on the polling day for the election:'.
Subsection 117 (4) (subparagraph (b) (ii) of the definition of required
period):
Omit the subparagraph, substitute:
'(ii) if that period ends before the day on which the writ for the election
is returned or, in the case of a general election for the Legislative Assembly
of the Australian Capital Territory, the day on which the result of the
election is declared under section 283 of the Commonwealth Electoral Act 1918
as applied by the Australian Capital Territory (Electoral) Act 1988-the day on
which the writ is so returned or the result is so declared, as the case may
be;'.'
These Regulations shall be taken to have commenced on 25 January 1989.
BROADCASTING ACT 1942 - SECT 117
Identification etc. in relation to political matter
SECT
117.*2* (1) Where the Corporation or a licensee broadcasts political matter
at the request of another person, the Corporation or the licensee shall,
immediately afterwards:
(a) if the matter is broadcast by radio-cause the required particulars in
relation to the matter to be announced; or
(b) if the matter is televised:
(i) cause the required particulars in relation to the matter (other
than the particulars referred to in paragraph (c) of the definition of
'required particulars' in subsection (4)) to be announced; and
(ii) cause all the required particulars in relation to the matter to
be transmitted in the form of images of words.
(2) The Corporation or a licensee shall, in relation to political matter
broadcast at the request of another person, keep a record of:
(a) if the broadcasting of the political matter was authorised by a
natural
person-the name, address and occupation of the person; and
(b) in any other case-the name, and the address of the principal office,
of
the person who authorised the broadcasting of the political matter;
for the required period and shall give the Tribunal any particulars of the
record that the Tribunal, by written notice, requires.
(3) For the purposes of this section, a person shall be deemed to authorise
the broadcasting of political matter if, and only if, the person is the person
responsible for approval of the content of the political matter and the
decision to present it for broadcasting.
(3A) A reference in this section to a licensee includes a reference to:
(a) the holder of an MCS permit; and
(b) the holder of a temporary transmission permit.
(4) In this section:
'election' means an election to a Parliament;
'election period' has the same meaning as in section 116;
'person' includes a political party, a corporation and any other association
(whether incorporated or unincorporated);
'political matter' means matter:
(a) that is intended or calculated to influence the voting intentions of
electors in respect of, or otherwise to affect the result of, an election or
referendum;
(b) that is likely, in all the circumstances, to influence the voting
intentions of reasonable electors in respect of an election or referendum; or
(c) referring to a meeting held or to be held in connection with an
election
or referendum;
'referendum' means the submission to the electors of a proposed law for the
alteration of the Constitution, whether or not the proposal to make the
submission has been announced;
'required particulars', in relation to a political matter that is broadcast,
means:
(a) where the broadcasting of the political matter was authorised by a
political party:
(i) the name of the political party;
(ii) the town, city or suburb in which the principal office of the
political party is situated; and
(iii) the name of the natural person responsible for giving effect
to
the authorisation;
(b) where the broadcasting of the political matter was authorised by a
person other than a political party:
(i) the name of the person who authorised the broadcasting of the
political matter; and
(ii) the town, city or suburb in which the person lives or, if the
person is a corporation or association, in which the principal office of the
person is situated; and
(c) in every case-the name of every speaker who, either in person or by
means of a sound recording device, delivers an address or makes a statement
that forms part of that matter;
'required period', in relation to the keeping of a record in relation to
political matter, means:
(a) subject to paragraph (b), the period of 6 weeks commencing on the day
on
which the matter was broadcast; or
(b) if the matter relates to an election within the meaning of section 116
and was broadcast during the election period in relation to the election-the
period commencing on the day on which the matter was broadcast and ending:
(i) at the end of the period referred to in paragraph (a); or
(ii) if that period ends before the day on which the writ for the
election is returned-the day on which the writ is returned; or such longer
period as the Tribunal, before the end of that period, directs by notice in
writing to the licensee concerned.
*2*Sections 116 and 117-The Broadcasting Act 1942 was modified by regulation 2
and Schedule 1 of the A.C.T. Self-Government (Consequential Provisions)
Regulations as amended. The provisions of Schedule 1 applicable to the
abovementioned Act quoted below are not incorporated in this reprint.
'After subsection 116 (3):
Insert the following subsection:
'(3A) Subsection (3) applies to the first general election for the
Legislative Assembly of the Australian Capital Territory as if all the words
from and including ', being parties' to the end of the subsection were
omitted.'.
Paragraph 116 (4) (a):
After 'issued' insert 'or, in the case of a general election for the
Legislative Assembly of the Australian Capital Territory, the pre-election
period within the meaning of the Australian Capital Territory (Electoral) Act
1988 has begun'.
'Subsection 116 (6) (definition of election period):
Omit the definition, substitute:
'election period', in relation to an election means the period that begins:
(a) in relation to a general election for the Legislative Assembly of the
Australian Capital Territory-on the day that is the first day of the
pre-election period within the meaning of the Australian Capital Territory
(Electoral) Act 1988; or
(b) in any other case-on the day on which the writ for the election is
issued:
and ends at the close of the poll on the polling day for the election:'.
Subsection 117 (4) (subparagraph (b) (ii) of the definition of required
period):
Omit the subparagraph, substitute:
'(ii) if that period ends before the day on which the writ for the election
is returned or, in the case of a general election for the Legislative Assembly
of the Australian Capital Territory, the day on which the result of the
election is declared under section 283 of the Commonwealth Electoral Act 1918
as applied by the Australian Capital Territory (Electoral) Act 1988-the day on
which the writ is so returned or the result is so declared, as the case may
be;'.'
These Regulations shall be taken to have commenced on 25 January 1989.
BROADCASTING ACT 1942 - SECT 117A
Records of matter broadcast
SECT
117A.(1) Where the Corporation or a licensee broadcasts matter relating to a
political subject or current affairs, being matter that is in the form of
news, an address, a statement, a commentary or a discussion, the corporation
or the licensee, as the case may be, shall cause a record of the matter to be
made:
(a) in the case of a radio broadcast-by means of a device for recording
sound; or
(b) in the case of a television broadcast-by means of a device for
recording
images and associated sound.
(2) Subject to this section, the Corporation or a licensee, as the case may
be, shall retain in its or his custody a record of matter made in pursuance of
subsection (1) for a period of 6 weeks from the date on which the matter was
broadcast or for such longer period as the Minister, in special circumstances,
directs.
(3) Where a person considers that a record of matter made in pursuance of
subsection (1) is admissible in evidence in proceedings instituted, or
proposed to be instituted, in any court, being a record that is in the custody
of the Corporation or a licensee by virtue of subsection (2), he may serve on
the Managing Director of the Corporation or the licensee, as the case
requires, a notice in writing informing the Managing Director of the
Corporation or the licensee that the record may be required for the purposes
of the proceedings.
(4) Where a notice is served on the Managing Director of the Corporation or
a licensee in pursuance of subsection (3) in respect of any record, the
Corporation or the licensee, as the case may be, shall, subject to this
section, retain the record in its or his custody until the proceedings or the
proposed proceedings to which the notice relates have been finally
determined.
(5) Where a notice is served in pursuance of subsection (3) in relation to
proposed proceedings and the proceedings are not instituted within a period of
3 months after the service of the notice, subsection (4) ceases to apply in
relation to the notice at the expiration of that period.
(6) The obligation imposed by this section on the Corporation or a licensee
to retain in its or his custody a record made in pursuance of this section
does not apply at any time when the record is in the custody of a court in
connexion with proceedings instituted in the court.
(7) Where the Minister is of the opinion that a matter of which a record has
been made in pursuance of this section is of sufficient historic interest to
justify its being permanently preserved, the Minister may direct any person
who has the custody of the record to deliver it for safe keeping to such
person or authority as the Minister directs, and the person to whom the
direction is given shall comply with the direction but is entitled to fair
compensation.
(7A) A licensee shall, without charge, make available to the Tribunal, upon
request, any specified record made by the licensee pursuant to subsection (1)
that has been retained by the licensee (whether or not the licensee is, at the
time of the request, under an obligation by virtue of this section to retain
the record).
(8) Subsection (1) does not apply to or in relation to proceedings of the
Senate or the House of Representatives broadcast or re-broadcast by the
Corporation in pursuance of the Parliamentary Proceedings Broadcasting Act
1946.
(9) A reference in this section to a licensee includes a reference to the
holder of an MCS permit.
BROADCASTING ACT 1942 - SECT 118
Broadcasting of objectionable items
SECT
118.(1) The Corporation or a licensee shall not broadcast matter which is
blasphemous, indecent or obscene.
(2) A person shall not render for broadcasting an item, or pass or select
for broadcasting an item, which contains matter which is blasphemous, indecent
or obscene.
(3) An offence against this section shall not be prosecuted without the
written consent of the Minister.
(4) A reference in this section to a licensee includes a reference to:
(a) the holder of an MCS permit; and
(b) the holder of a temporary transmission permit.
BROADCASTING ACT 1942 - SECT 119
Restrictions on participation in broadcasts
SECT
119.(1) Where a person has:
(a) presented in a live broadcast the whole or a part of a program; or
(b) passed or selected for broadcasting the whole or a part of a program
(being a program that was subsequently broadcast);
in respect of which, or in respect of the broadcasting of which, the program
standards were not complied with or this Act was contravened, the Tribunal
may, by direction having effect either indefinitely or for a period determined
by the Tribunal:
(c) prohibit the person from presenting programs in live broadcasts or
passing or selecting programs for broadcasting; or
(d) impose restrictions on the presenting by the person of programs in
live
broadcasts or on the passing or selecting by the person of programs for
broadcasting.
(2) The Tribunal shall not give a direction to a person under subsection (1)
unless it has, by notice in writing served on the person, called upon the
person to show cause, within a period specified by the Tribunal, why the
direction should not be given.
(3) A person shall not contravene a direction of the Tribunal under this
section.
BROADCASTING ACT 1942 - SECT 119AA
Programs of supplementary stations
SECT
119AA.(1) In this section:
'broadcast', in relation to a program, includes the reception and
re-transmission of the program;
(2) The holder of a supplementary radio licence may, with the approval of
the Tribunal, but not otherwise, regularly broadcast pursuant to the licence
radio programs broadcast pursuant to a related commercial radio licence.
BROADCASTING ACT 1942 - SECT 119AB
Special provisions relating to public licences
SECT
119AB.(1) It is a condition of a public licence that the service provided
pursuant to the licence is in accordance with the purpose for which the
licence is granted.
(2) Subject to this section, the holder of a public radio licence shall not
broadcast advertisements.
(3) Nothing in subsection (2) shall be taken to prevent the holder of a
public radio licence from broadcasting, in accordance with any applicable
program standards:
(a) community information (whether by way of announcement, interview or
otherwise);
(b) material which announces or promotes the service provided under the
licence, including, without limiting the generality of this:
(i) material (whether by way of the announcement or promotion of
activities, events, products or services or otherwise) likely to induce the
public to support, whether financially or otherwise, or to make use of, the
service provided under the licence; and
(ii) material which announces or promotes a particular program or
programs provided under the licence; or
(c) a sponsorship announcement.
(3A) For the purpose of determining whether information is community
information for the purposes of paragraph (3) (a), regard shall be had to
whether the holder of the licence received, or is to receive, payment or other
consideration for broadcasting the information.
(3B) For the purposes of paragraph (3) (c), a sponsorship announcement:
(a) shall not promote activities, events, products, services or programs
other than activities, events, products, services or programs referred to in
paragraph (3) (b);
(b) may acknowledge the support, whether financial or otherwise, of a
person
or persons:
(i) in respect of a particular program or programs provided under
the
licence; or
(ii) generally in respect of the service provided under the licence;
and
(c) may specify the name and address of, and a concise description of the
general nature of any business, undertaking or activity carried on by, that
person or those persons.
(4) It is a condition of a public licence that any money derived by the
licensee from the operation of the service provided pursuant to the licence
shall not be expended otherwise than:
(a) for or in connection with the provision, maintenance or improvement of
that service; or
(b) for the benefit of public broadcasting generally.
BROADCASTING ACT 1942 - SECT 119AC
Special provisions relating to limited licences
SECT
119AC.(1) It is a condition of a limited licence that the service provided
pursuant to the licence is in accordance with the purpose for which the
licence is granted.
(2) Subject to this section, the holder of a limited licence shall not
broadcast an advertisement if the licensee receives payment or other
consideration for broadcasting the advertisement.
(3) Subsection (2) does not apply to a limited licence that is granted for
the purposes of providing an information service of the kind referred to in
paragraph 81B (5) (b).
(4) Nothing in subsection (2) shall be taken to prevent the holder of a
special limited licence from broadcasting, in accordance with any applicable
program standards, a sponsorship announcement.
(5) For the purposes of subsection (4), a sponsorship announcement:
(a) shall not promote activities, events, products, services or programs;
(b) may acknowledge the support, whether financial or otherwise, of a
person
or persons:
(i) in respect of a particular program or programs provided under
the
licence; or
(ii) generally in respect of the service provided under the licence;
and
(c) may specify the name and address of, and a concise description of the
general nature of any business, undertaking or activity carried on by, that
person or those persons.
(6) In this section:
'special limited licence' means:
(a) a limited licence granted for special event purposes;
(b) a limited licence granted for special interest purposes; or
(c) a limited licence of a kind declared by the regulations to be a
special
limited licence for the purposes of this section.
BROADCASTING ACT 1942 - PART V
PART V-GENERAL
BROADCASTING ACT 1942 - SECT 119A
Review of decisions
SECT
119A.(1) Subject to this section, an application may be made to the
Administrative Appeals Tribunal for a review of:
(a) a variation, revocation or imposition of a condition of a licence by
the
Tribunal under section 85, other than a variation, revocation or imposition of
a condition in accordance with subsection 85 (4);
(b) a refusal by the Tribunal to renew a licence under section 86AA, 86AB,
86E, 86F or 86G, other than a refusal in accordance with section 86A;
(c) a variation, revocation or imposition of a condition of a licence by
the
Tribunal under subsection 86 (6), other than a variation, revocation or
imposition of a condition requiring the approval of the Minister;
(d) a decision by the Tribunal for the purposes of subsection 87 (2)
specifying a period of renewal of a licence of less than 3 years;
(e) a suspension or revocation of a licence by the Tribunal under section
88, 88A, 88B, 88C or 88D;
(f) a refusal by the Tribunal to give consent under section 89A, 89B, 89C,
89CA or 89CB;
(g) a refusal by the Tribunal to grant approval under section 90JA or
92FAA;
(gaa) a refusal by the Tribunal to grant a provisional clearance or a
declaration under section 90H or 92E;
(ga) a recommendation by the Tribunal under subsection 94Y (2) (being a
recommendation to which subsection 94Y (3) applies);
(h) a direction by the Minister under section 125B or subsection 117A (7);
(k) a decision by the Tribunal under subsection 119 (1).
(2) Notwithstanding section 27 of the Administrative Appeals Tribunal Act
1975:
(a) an application in pursuance of paragraph (1) (a), (b), (c), (d), (e)
or
(f) may be made only by or on behalf of the licensee; and
(b) an application in pursuance of paragraph (1) (g) may be made only by
or
on behalf of the person applying for the approval.
(2A) Notwithstanding section 27 of the Administrative Appeals Tribunal Act
1975, an application in pursuance of paragraph (1) (ga) may be made only by or
on behalf of the MCS permit holder.
(3) For the purposes of a review by the Administrative Appeals Tribunal in
pursuance of an application referred to in subsection (1), the Tribunal shall
be constituted by a presidential member alone.
BROADCASTING ACT 1942 - SECT 120
Defamatory broadcast statements
SECT
120. For the purposes of the law of defamation, the broadcasting of words or
other matter shall be deemed to be publication in a permanent form.
BROADCASTING ACT 1942 - SECT 121
Interference with broadcasting of programs etc.
SECT
121.(1) A person shall not:
(a) knowingly prevent, obstruct or otherwise interfere with the
broadcasting
of programs by the Corporation or a licensee; or
(b) knowingly interfere with, or with the operation of, a
radiocommunications transmitter, or associated facilities, used to provide
such programs.
(2) The reference in subsection (1) to a licensee includes a reference to
the holder of a permit.
BROADCASTING ACT 1942 - SECT 122
Protection of certain licensees against actions
SECT
122. No action, suit or proceeding lies against a person who is the holder
of a retransmission permit in respect of any matter transmitted by the person
in accordance with the conditions of the permit unless, at the time of the
transmission, that person is also:
(a) the holder of a licence; or
(b) the holder of an MCS permit;
pursuant to which that matter is being broadcast.
BROADCASTING ACT 1942 - SECT 123
Licensee to keep accounts etc.
SECT
123.(1) The holder of a licence (other than a limited licence) shall:
(a) compile and maintain, in a recognized business or commercial form,
financial accounts in respect of the service provided pursuant to the
licence;
(b) make those accounts available for inspection by the Tribunal or an
authorized officer as required;
(c) furnish to the Tribunal, within the 6 months after 30 June in each
year:
(i) an audited balance-sheet and profit and loss account in respect
of
the service provided pursuant to the licence, in a form approved by the
Tribunal, for the year ending on that 30 June; and
(ii) a statutory declaration stating the gross earnings in respect
of
the licence during that year; and
(d) keep such records in respect of the service provided pursuant to the
licence as the Tribunal from time to time directs and supply copies of those
records to the Tribunal as required.
(1A) Where the holder of a commercial radio licence also holds, as a member
of a consortium, a related supplementary radio licence:
(a) the audited balance-sheet and profit and loss account furnished under
subparagraph (1) (c) (i) in relation to the commercial radio licence shall
include a reference, of a kind and in a form approved by the Tribunal, to the
interest of the holder of the commercial radio licence in the supplementary
radio licence; and
(b) the statutory declaration furnished under subparagraph (1) (c) (ii) in
relation to the commercial radio licence shall include a statement of the
amount that bears to the total amount of the gross earnings in respect of the
supplementary radio licence the same proportion as the amount of the profits
arising out of the operations pursuant to the supplementary radio licence to
which the licensee is entitled by virtue of its membership of the consortium
bears to the total amount of the profits so arising.
(1AA) Except as provided by subsection (1A), where the holder of a
commercial radio licence also holds a related supplementary radio licence,
then, in addition to complying with subsection (1) in respect of each of the
licences, the holder of the licences shall furnish to the Tribunal, within 6
months after 30 June in each year:
(a) an audited consolidated balance-sheet and consolidated profit and loss
account, in a form approved by the Tribunal, in respect of the service
provided pursuant to the commercial radio licence and the service provided
pursuant to the supplementary radio licence, for the year that ended on that
30 June; and
(b) a statutory declaration stating the total gross earnings in respect of
the commercial radio licence and the supplementary radio licence during that
year.
(2) A licensee may, with the leave of the Tribunal, adopt an accounting
period, being the 12 months ending on some day other than 30 June, and
thereupon the provisions of paragraphs (1) (c) and (1AA) (a) apply in relation
to that licensee as if the references in that paragraph to 30 June were
references to that other day.
(3) Where the licensee is a company, the declaration shall be made by the
manager or secretary of the company.
(4) A licensee shall, upon request by the Tribunal:
(a) make available for inspection by the Tribunal or an authorized officer
such books and documents concerning the broadcasting or television activities
of the licensee as the Tribunal specifies; and
(b) furnish to the Tribunal such particulars with respect to the
broadcasting or television activities of the licensee as the Tribunal
specifies and any other information specified by the Tribunal, being
information with respect to the activities or affairs of the licensee and
relevant to the operation of this Act a Fees Act.
(4AA) Where:
(a) a corporation (in this subsection called the 'associated corporation')
is related to the corporation that holds a licence; and
(b) the Tribunal requests the associated corporation to give the Tribunal
information that is:
(i) information about the activities or affairs of the associated
corporation; and
(ii) relevant to the operation of a Fees Act;
the associated corporation shall give the Tribunal the information specified
in the request.
(4A) A reference in subsection (1) to a licence includes a reference to any
MCS permit granted in respect of the licence.
(5) In this section:
'consortium' has the same meaning as in Part IIIB;
'gross earnings', in relation to a radio licence or television licence, has
the same meaning as in the Radio Licence Fees Act 1964 or the Television
Licence Fees Act 1964, as the case may be.
BROADCASTING ACT 1942 - SECT 123A
Penalty for unpaid licence fees
SECT
123A.(1) If an amount of licence fee remains unpaid after the end of the
period of 2 months beginning on the due date, an additional fee is due and
payable by way of penalty by the holder of the licence at the rate of 20% per
annum on the amount unpaid, computed from the due date.
(2) Where an additional fee is due and payable by the holder of the licence
under this section in relation to an amount of licence fee and an authorised
person:
(a) is satisfied that:
(i) the circumstances that contributed to the delay in payment of
the
amount were not due to, or caused directly or indirectly by, an act or
omission of the holder of the licence; and
(ii) the holder of the licence has taken reasonable action to
mitigate, or mitigate the effects of, those circumstances;
(b) is satisfied that:
(i) the circumstances that contributed to the delay in payment of
the
amount were due to, or caused directly or indirectly by, an act or omission of
the holder of the licence;
(ii) the holder of the licence has taken reasonable action to
mitigate, or mitigate the effects of, those circumstances; and
(iii) having regard to the nature of those circumstances, it would
be
fair and reasonable to remit the additional fee or part of the additional fee;
or
(c) is satisfied that there are special circumstances by reason of which
it
would be fair and reasonable to remit the additional fee or part of the
additional fee;
the authorised person may remit the additional fee or part of the additional
fee.
(3) Where judgment is given by, or entered in, a court for the payment of:
(a) an amount of licence fee; or
(b) an amount that includes an amount of licence fee;
then:
(c) the amount of licence fee shall not be taken, for the purposes of
subsection (1), to have ceased to be due and payable by reason only of the
giving or entering of the judgment; and
(d) if the judgment debt carries interest, the additional fee that would,
but for this paragraph, be payable under this section in relation to the
amount of licence fee shall, by force of this paragraph, be reduced by:
(i) if paragraph (a) applies-the amount of the interest; or
(ii) if paragraph (b) applies-an amount that bears the same
proportion
to the amount of the interest as the amount of licence fee bears to the amount
of the judgment debt.
(4) Notwithstanding anything contained in this section, any amount of unpaid
licence fee may be recovered immediately after the due date.
(5) Subject to subsection (6), the due date in relation to a licence fee is
the day on which the fee becomes payable.
(6) Where:
(a) an amount of licence fee becomes payable by the holder of a
non-limited
licence in respect of a particular period; and
(b) the day on which the licence fee becomes payable occurs before the day
(in this subsection called the 'return date') by which the holder of the
licence is required by section 123 to furnish to the Tribunal:
(i) an audited balance-sheet and profit and loss account in respect
of
the service provided pursuant to the licence for that period; and
(ii) a statutory declaration stating the gross earnings in respect
of
the licence during that period;
the due date in relation to the licence fee is the day immediately following
the return date.
(7) In this section:
'authorised person' means:
(a) the Minister; or
(b) an officer authorised by the Minister in writing for the purposes of
this section;
'licence fee' means a fee payable by the holder of a licence under a Fees
Act.
BROADCASTING ACT 1942 - SECT 124
Assembly of information
SECT
124.(1) The Tribunal shall assemble information relating to broadcasting
services in Australia, being information:
(a) supplied to the Tribunal in accordance with section 123;
(b) supplied to the Tribunal in accordance with subsection (2); or
(c) otherwise acquired by the Tribunal in the performance of its
functions.
(2) The Tribunal may, by notice in writing, require a licensee to supply to
the Tribunal, within a specified period (not being less than 21 days after the
receipt of the notice) such information in his possession or control as is
specified, being information relating to a function of the Tribunal, and that
person shall comply with the requirement.
(3) Subject to subsections (4) and (5), or section 125, information
assembled under this section:
(a) shall be made available to the Minister upon request; and
(b) shall be made available (whether gratis or otherwise, as the Tribunal
thinks fit) to any other person upon request.
(4) In complying with subsection (3), the Tribunal shall have regard to any
directions given under section 19 in relation to the information concerned.
(5) Information assembled under this section (other than information to
which subsection (4) applies) shall not be made available under subsection (3)
in such manner, or in such circumstances, as, in the opinion of the Tribunal,
would be prejudicial to the interests of any person.
(6) Nothing in subsection (4) or (5) shall be taken to prevent the Tribunal
from making information available to the Minister for the purposes of the
calculation of the amount of a fee to be specified in a notice under
subsection 82AA (1).
BROADCASTING ACT 1942 - SECT 125
Secrecy
SECT
125.(1) This section applies to every person who is or has been a member,
acting member, associate member or acting associate member of the Tribunal or
a member of the staff of the Tribunal.
(2) Subject to this section, a person to whom this section applies shall
not, either directly or indirectly, except for the purposes of this Act:
(a) make a record of, or divulge or communicate to any person, any
information concerning the affairs of another person acquired by him by reason
of his office or appointment under this Act or in the performance of his
duties, or the exercise of his powers or functions, under or in connexion with
this Act; or
(b) produce to any person a document supplied to, lodged with or otherwise
acquired by, the Tribunal under this Act.
Penalty: $1,000 or imprisonment for 3 months.
(2A) Without limiting the generality of subsection (2), the reference in
paragraph (2) (a) to information concerning the affairs of a person includes a
reference to information contained in a notice or application given to or
lodged with the Tribunal under subsection 90J (3) or 92F (3).
(3) Subsection (2) does not apply to the disclosure of information, or the
production of a document, to the Minister, to the Secretary to the Department
that deals with matters arising under this Act or to an officer of that
Department designated by the Secretary to that Department.
(4) A person to whom this section applies shall not be required to divulge
or communicate to a court information of a kind referred to in paragraph (2)
(a), or to produce in a court a document of a kind referred to in paragraph
(2) (b), except where it is necessary to do so for the purposes of this Act,
or for the purposes of proceedings under or arising out of this Act.
(5) Where, in accordance with this section, a person to whom this section
applies divulges or communicates to another person information of a kind
referred to in paragraph (2) (a), or produces to another person a document of
a kind referred to in paragraph (2) (b), that other person, if he is not a
person to whom this section applies, shall be deemed, in relation to that
information or document, to be such a person.
(6) In this section:
'court' includes any tribunal, authority or person having power to require
the production of documents or the answering of questions;
'document' includes any record of information, however recorded or stored,
whether in written or printed form, on film, by electronic means or
otherwise;
'produce' includes permit access to.
BROADCASTING ACT 1942 - SECT 125A
Indemnification of Minister against claim for royalty etc.
SECT
125A.(1) A licensee shall, at all times, keep the Commonwealth, the Minister
and the Tribunal indemnified against any claim for royalties in respect of any
equipment operated under his licence, and against any claims whatsoever
arising out of the licensee's operations.
(2) In this section:
(a) a reference to a licensee includes a reference to the holder of a
permit; and
(b) a reference to equipment operated under a licence includes a reference
to equipment operated under a permit.
BROADCASTING ACT 1942 - SECT 125B
Lights on masts
SECT
125B.(1) A licensee shall, at his own expense, if and as directed by the
Minister, install and maintain beacon lights on, and paint, the masts used in
the provision of the service pursuant to the licence.
(2) In this section:
(a) a reference to a licensee includes a reference to the holder of a
permit; and
(b) a reference to a licence includes a reference to a permit.
BROADCASTING ACT 1942 - SECT 125C
Notices
SECT
125C. Any notice, requirement, or consent (whether expressed to be in
writing or not) to be given or made under any of the provisions of this Act,
by or for the Minister or the Tribunal may be under the hand of any authorized
officer.
BROADCASTING ACT 1942 - SECT 125D
Additional functions of Minister
SECT
125D.(1) It shall be the responsibility of the Minister:
(a) to plan the development of broadcasting services in Australia;
(b) to determine standards and practices in relation to the technical
equipment used for broadcasting services and the operation of such equipment;
(c) to investigate and correct interference with:
(i) the transmission to the general public of radio and television
programs; and
(ii) the reception, within the service area concerned, of radio and
television programs; and
(d) to conduct examinations, or make or approve arrangements for the
conduct
of examinations, and to issue certificates, as to the competence of persons to
operate technical equipment used for broadcasting and television services.
(2) In discharging his responsibilities under paragraph (1) (a), the
Minister shall:
(a) consult representatives of the Corporation, the Service and licensees
in
relation to matters affecting them; and
(b) if there is a Broadcasting Council-consult with that Council in
relation
to matters generally affecting broadcasting in Australia.
(3) Without limiting the generality of paragraph (1) (a), it shall be the
responsibility of the Minister to ensure that the objects of Part IIIC are
achieved and, in particular, to ensure that licensees have appropriate
implementation plans and carry out those implementation plans.
(4) The Minister may make charges for the investigation of interferences
with the reception of radio and television programs.
BROADCASTING ACT 1942 - SECT 125E
Orders etc.
SECT
125E.(1) For the purpose of discharging his responsibilities under section
125D, the Minister may make such orders, give such directions and do all such
other things as he thinks fit.
(2) Orders made under subsection (1):
(a) shall be in writing;
(b) shall not be deemed to be Statutory Rules within the meaning of the
Rules Publication Act 1903; and
(c) have the force of law.
(3) Sections 48, 48A, 48B, 49 and 49A of the Acts Interpretation Act 1901
apply to orders made under this section in like manner as they apply to
regulations.
(4) A person shall not contravene or fail to comply with a provision of an
order made under this section that is applicable to him.
(5) A direction given under this section may be given orally or in writing.
(6) A direction given orally shall be given to the person required to comply
with the direction and thereupon that person shall comply with the direction.
(7) Where a direction is given orally, the Minister shall, within 24 hours
thereafter, record the direction in writing.
(8) A copy of a direction given in writing shall be served on the person
required to comply with the direction and thereupon that person shall comply
with the direction.
(9) Nothing in this section empowers the Minister to make orders or give
directions relating to matters of program content.
BROADCASTING ACT 1942 - SECT 125F
Remuneration
SECT
125F.(1) This section applies to:
(a) a member and an associate member of the Tribunal; and
(c) a member of the Service and the Executive Director of the Service.
(2) A person to whom this section applies shall be paid such remuneration as
is determined by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.
(3) A person to whom this section applies shall be paid such allowances as
are prescribed.
(4) This section has effect subject to the Remuneration Tribunals Act 1973.
BROADCASTING ACT 1942 - SECT 125G
Delegation by Minister
SECT
125G. The Minister may by signed instrument delegate to an officer of the
Department all or any of the Minister's powers and functions under:
(a) subsection 82AB (3);
(b) subsection 89D (3);
(c) subsection 89D (6);
(d) section 89DA, 89DD, 89DE, 89DF or 89DI;
(da) section 89T;
(db) section 89U;
(dc) section 89V;
(dd) subsection 90 (1B);
(de) section 91AAD;
(e) subsection 94N (1) or (3);
(f) section 94P; or
(g) section 94ZC.
BROADCASTING ACT 1942 - SECT 129
Licences subject to Act
SECT
129.(1) Every licence granted or deemed to have been granted under this Act
shall be subject to the provisions of this Act and the regulations so far as
they are applicable to the licence, and those provisions shall be deemed to be
incorporated in the licence as terms and conditions of the licence.
(2) A reference in this section to a licence includes a reference to a
permit.
BROADCASTING ACT 1942 - SECT 131
Control of broadcasting and television in case of emergency
SECT
131.(1) The Governor-General may, whenever, in his opinion, any emergency
has arisen, which renders it desirable in the public interest so to do,
authorize the Minister to exercise, during the emergency, complete control
over the matter to be transmitted from broadcasting facilities and, thereupon
and so long as the emergency continues, such persons as are there to
authorized in writing by the Minister shall have access at all times to any
premises controlled by the Corporation or any licensee and may exercise full
authority over all rights and privileges possessed by the Corporation or the
licensee.
(2) A reference in this section to a licensee includes a reference to the
holder of a permit.
BROADCASTING ACT 1942 - SECT 131A
Inspection
SECT
131A.(1) The equipment and facilities used for or in connection with the
broadcasting or transmission of programs pursuant to a licence shall, at all
reasonable times, be open to inspection by an authorized officer and the
licensee shall afford such an officer every facility for the inspection.
(2) In this section:
(a) a reference to a licence includes a reference to a permit; and
(b) a reference to a licensee includes a reference to the holder of a
permit.
BROADCASTING ACT 1942 - SECT 132
Offences
SECT
132.(1) A person who contravenes a provision of this Act other than
subsection 99 (1A) is, unless otherwise provided by this Act, guilty of an
offence against this Act by virtue of this section.
(2) An offence against this Act, other than an offence for which a penalty
is provided by a provision of this Act other than this section, is an
indictable offence, punishable on conviction:
(a) if the offender is a natural person-by a fine not exceeding $5,000; or
(b) if the offender is a body corporate-by a fine not exceeding $10,000.
(3) Notwithstanding that an offence to which subsection (2) applies is
expressed by that subsection to be an indictable offence, a court of summary
jurisdiction may hear and determine proceedings in respect of such an offence
if the court is satisfied that it is proper to do so and the defendant and the
prosecutor consent.
(4) Where, in accordance with subsection (3), a court of summary
jurisdiction convicts a person of an offence, the penalty that the court may
impose is:
(a) if the offender is a natural person-a fine not exceeding $1,000; or
(b) if the offender is a body corporate-a fine not exceeding $2,000.
BROADCASTING ACT 1942 - SECT 133
Service etc. of documents
SECT
133.(1) Subject to this section, for the purposes of this Act, a document
may be served on or given to:
(a) a natural person:
(i) by delivering it to the person personally;
(ii) by leaving it at, or sending it by post to, the address of the
place of residence or business of the person last known to the person serving
or giving the document; or
(iii) in such other manner as is prescribed;
(b) a body corporate:
(i) by leaving it at, or sending it by post to, the registered
office
or a principal office of the body corporate; or
(ii) in such other manner as is prescribed; or
(c) a consortium as defined by section 80-by serving it on or giving it to
any member of the consortium in accordance with paragraph (b).
(2) For the purposes of section 104, a notice by telegram may be given by
properly addressing, prepaying and sending the telegram to:
(a) if the addressee is a natural person-the address of the place of
residence or business of the person last known to the person sending the
telegram; or
(b) if the addressee is a body corporate-the registered office or a
principal office of the body corporate;
and, unless the contrary is established, shall be deemed to have been given at
the time when the telegram is received at that address or office, as the case
may be.
(3) Nothing in subsection (1) affects the power of the Tribunal to authorize
the service or giving of a document for the purposes of Division 3 of Part II
otherwise than as provided in that subsection.
BROADCASTING ACT 1942 - SECT 133A
Tabling of government policy statements
SECT
133A. The Minister shall cause a copy of any government policy statement
within the meaning of Part IIIB to be laid before each House of the Parliament
within 15 sitting days of that House after that statement has been given to
the Tribunal.
BROADCASTING ACT 1942 - SECT 134
Regulations
SECT
134.(1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act and, in particular, for:
(a) prescribing matters relating to the making of, and the terms and
conditions that may be included in, agreements or arrangements for or in
connection with rights to the use of any material or matter in broadcast
programs or for or in connection with the broadcasting of advertisements,
being agreements or arrangements between persons each of whom is either a
licensee or a person having a prescribed relationship with a licensee;
(b) regulating or restricting the relaying, by holders of licences of a
particular category of licence, of programs of holders of other licences of
the same category;
(ba) the establishment and constitution of a Broadcasting Council for the
purposes of subsection 125D (2);
(c) imposing on licensees and persons having a prescribed relationship
with
such licensees obligations and restrictions in relation to matters affecting
other licensees and, in particular, in relation to matters affecting the
availability of program rights or material to other licensees; and
(d) empowering the Minister, upon the recommendation of the Tribunal, to
direct a person (including the holder of a television licence) to grant rights
to the use of any material or matter in televised programs to the holder of a
television licence in accordance with the direction and upon terms specified
in the direction, and dealing with matters incidental to such directions.
(1A) The regulations may provide, in respect of an offence against the
regulations, for the imposition of a fine not exceeding $1,000.
(2) The regulations empowering the giving of a direction referred to in
paragraph (1) (d) shall make provision for:
(a) conferring on every person affected by such a direction a right to
have
the direction reviewed by the Federal Court of Australia upon the ground
that:
(i) he has a reasonable ground of objection to the granting of the
rights referred to in the direction; or
(ii) the terms specified in the direction are not just and
reasonable,
or on both those grounds; and
(b) empowering the Court, upon such a review, to quash or vary the
direction.
(2A) Without limiting the generality of subsection (1), the regulations may
make provision for and in relation to inquiries, or any matter relating to
inquiries, and in particular for and in relation to:
(a) the extension of time limits under this Act for the lodgement of
inquiry
documents; and
(b) fees for the provision by the Tribunal of copies of inquiry documents.
(3) Jurisdiction is, by this Act, conferred on the Federal Court of
Australia to hear and determine proceedings on a review under the regulations,
and that jurisdiction may be exercised by such number of judges as the
regulations provide.
(4) In this section:
(a) a reference to an inquiry document is a reference to:
(i) an application under this Act requesting the Tribunal to
exercise
any of its powers under this Act; or
(ii) a submission or other document in relation to an application
referred to in subparagraph (i) or in connection with an inquiry;
(b) a reference to a licensee includes a reference to the holder of a
permit; and
(c) a reference to a licence includes a reference to a permit.
BROADCASTING ACT 1942 - SCHEDULE 2
SCH
SCHEDULE 2
(SCHEDULE AND DIAGRAMS OMITTED)