BROADCASTING ACT 1942
- Reprinted as at 29 February 1992 (#DATE 29:02:1992)
*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 Date Date of Application,
Number and of Assent commencement saving or
year transitional
provisions
Australian Broadcasting Act 1942
33, 1942 12 June 1942 1 July 1942
(see Gazette 1942,
p. 1505)
Australian Broadcasting Act 1946
39, 1946 14 Aug 1946 Ss. 3, 4, 6, 7
and 19: 27 Feb
1947 (see Gazette
1947, p. 453)
Remainder: 1 Oct
1946 (see Gazette
1946, p. 2634) S. 19
Australian Broadcasting Act 1948
64, 1948 6 Dec 1948 15 Mar 1949 (see
Gazette 1949, Ss. 6 (2)
p. 375) and 13 (2)
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 1951,
p. 3203) S. 6
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:
1 Jan 1957 (see
Gazette 1956,
p.1897)
Remainder: 1 July
1956 (see Gazette Ss. 4, 14
1956, p. 1897) (2) and (3)
as
amended
by
65, 1956 28 Sept 1956 28 Sept 1956 S. 2 (2)
and (3)
Broadcasting and Television Act (No. 2) 1956
65, 1956 28 Sept 1956 28 Sept 1956 S. 2 (2)
and (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
36, 1960 8 June 1960 Ss. 17, 19-23,
32-34, 35 (a),
(b), 36, 37 and 38
(a): 3 July
1961 (see Gazette
1961, p. 2531)
Remainder: Royal S. 30 (2)
Assent and (3)
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 1964 Ss. 1, 2, 7 (1)
and (2): 1 Oct 1964
Remainder: 1 Apr Ss. 5 (2), 6
1965 (see Gazette (2), (3) and
1965, p. 1259) 7 (2)
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 1971 1 Oct 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 1973 S. 5: 3 July 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 1974 31 Dec 1973 -
Broadcasting and Television Act 1974
55, 1974 27 Sept 1974 18 Sept 1974 Ss. 10
and 11
Postal and Telecommunications Commissions (Transitional
Provisions) Act 1975
56, 1975 12 June 1975 Ss. 4 and 38:
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 1977
S. 14: 22 Nov 1977
(see Gazette 1977,
No. S259)
Remainder: Royal
Assent Ss. 18-20
Broadcasting and Television Amendment Act 1977
160, 1977 10 Nov 1977 1 Jan 1978 (see S. 32
Gazette 1977, S. 33
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 Ss. 35
below) and 36
113, 1981 24 June 1981 (see 113, 1981 (see 113,
below) 1981 below)
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 1978 12 June 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 1980 S. 19 (a): 1 Jan 1978
Remainder: 1 Jan
1981 (see Gazette Ss. 35
1980, No. S282) and 36
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 1981 S. 115: Royal
Assent (d) -
Broadcasting and Television Amendment Act 1981
113, 1981 24 June 1981 S. 30: 10 Aug Ss. 48
1981 (see Gazette and 51
1981, No. S158) S. 52
Remainder: Royal (rep. by
Assent 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
Gazette1983, No. S124) -
Broadcasting and Television Amendment (Election Blackout) Act 1983
37, 1983 19 June 1983 19 June 1983 -
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983
39, 1983 20 June 1983 S. 3: 18 July
1983 (g) -
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 1984 S. 151 (1): 1 July
1984 (see Gazette
1984, No. S245,
p. 2) (k) S. 151 (a)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984
72, 1984 25 June 1984 S. 3: 23 July 1984 (l) S. 5 (1)
Broadcasting and Television Amendment Act 1984
163, 1984 25 Oct 1984 Ss. 1, 2, 5-7, 9
(a), 10, 12 (c),
15 (a), 18 (c), 16,
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. Ss. 3 (2)
S507) and 22
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
165, 1984 25 Oct 1984 S. 3: 13 Dec 1984
(see Gazette 1984, Ss. 2 (32),
No. S519) (m) 6 (1) and 9
Broadcasting and Television Amendment Act 1985
66, 1985 5 June 1985 Ss. 9 (2) and 14: Ss. 14 (2),
3 July 1985 (3), 65 (2),
Remainder: 1 Jan (3), 95 (6),
1986 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; 183,
1991, s. 98)
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 -
below)
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)
Broadcasting Amendment Act (No. 2) 1991
183, 1991 6 Dec 1991 (see 183, 1991 below) -
Public Service and Statutory Authorities Amendment Act 1985
166, 1985 11 Dec 1985 Part VI (s. 45):
8 Jan 1986 (p) S. 45 (2)
Broadcasting and Television Legislation Amendment Act 1985
191, 1985 16 Dec 1985 Ss. 4 (2), 6 (2),
7, 15 (2) and 17-21:
1 Jan 1986 (see
s. 2 (2)) Ss. 13 (2),
Remainder: 31 Dec 14 (2) and
1985 16
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: S. 22 (2)
3 July 1987 S. 22 (3),
Ss. 15 and 28: (5) and (6)
1 Oct 1987 (see (rep. by
Gazette1987, 56, 1988,
No. S136) s. 15)
Ss. 33 and 34: S. 22 (4)
1 Jan 1986 (am. by
Ss. 35 and 36: 183, 1987,
4 Aug 1987 (see s. 8; rep.
s. 2 (3)) by 56, 1988,
Remainder: 1 July s. 15)
1987 (see Gazette S. 22
1987, No. S136) (5A)-(5C)
and (7)-(9)
(ad. by 183,
1987, s. 8;
rep. by 56,
1988, s. 15)
S. 24 (2)
and (3)
(rep. by
56,1988,
s. 15)
S. 27 (2),
(4), (5),
(6), (7),
(8), (9),
(10), (11)
and (13)-(15)
(rep. by 56,
1988, s. 15)
S. 27 (3)
and (12) (am.
by 183, 1987,
s. 9; rep.
by 56, 1988,
s. 15)
S. 27
(4A)-(4C),
(6A), (8A),
(10A) and
(16)-(18)
(ad. by 183,
1987, s. 9;
rep. by 56,
1988, s. 15)
as
amended
by
183, 1987 26 Dec 1987 (see 183, 1987
below) -
56, 1988 15 June 1988 (see 56, 1988
below) S. 19
Broadcasting Amendment Act 1987
79, 1987 5 June 1987 4 Aug 1987 S. 33
S. 13 (2),
(4), (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) -
Broadcasting (Ownership and Control) Act (No. 2) 1987
183, 1987 26 Dec 1987 (see 183, 1987 below) -
Broadcasting (Ownership and Control) Act 1988
56, 1988 15 June 1988 (see 56, 1988 below) S. 19 (2)
Broadcasting Amendment Act (No. 2) 1987
80, 1987 5 June 1987 14 Sept 1987 (see
Gazette 1987,
No. S231) Ss. 6 and 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 Ss. 14 (2),
1989 (see Gazette 16 (2), (3),
1989, No. S259) 17 (2), (3),
S. 40: 1 Jan 1986 20 (2), (3),
(see s. 2 (2)) 22 (2),
Remainder: 27 Jan (3), 24 (2),
1988 30 (2) and
33 (2)
Ss. 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 1988 (see 56, 1988 below) Ss. 16-19
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 1988 Ss. 6 (2), 7 (2),
12 and 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 Ss. 16-19
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, Ss. 24 (2),
37-46, 48 (1), 50 25 (2), 28
and 53: 23 Jan 1989 (2), 30
(t) (2), 33
Ss.15, 16, 36, 47, (2), 34
48 (2) and 49: 1 Mar (2), (3),
1989 (t) 46 (2),
50 and 53
as
amended
by
Transport and Communications Legislation Amendment Act (No. 2)
1989
23, 1990 17 Jan Part 8 (ss. 20 and -
1990 21: Royal Assent
(u)
Broadcasting Amendment Act (No. 2) 1990
7, 1991 8 Jan 1991 S. 35: (v) -
Broadcasting (National Metropolitan Radio Plan) Act 1988
147, 1988 26 Dec 1988 26 Dec 1988 -
as
amended
by
Broadcasting Amendment Act (No. 2) 1990
7, 1991 8 Jan 1991 S. 35: (w) -
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 1989 Ss. 1 and 2:
Royal Assent
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 (x) -
Broadcasting Amendment Act 1990
102, 1990 18 Dec 1990 18 Dec 1990 Ss. 20
and 21
Broadcasting (Foreign Ownership) Amendment Act 1990
103, 1990 18 Dec 1990 Ss. 3-6 and 9:
22 May 1991
Remainder: Royal
Assent S. 12
Broadcasting Amendment Act (No. 2) 1990
7, 1991 8 Jan 1991 Ss. 1-12, 13 (a),
(b), (e), 14, 15
(a), 17-19, 24 (c),
28 (c), 32, 35 and Ss. 2 (2),
37: Royal Assent (3), 7 (2),
Remainder: 8 July (3), 19 (2)
1991 and 37
Transport and Communications Legislation Amendment Act 1990
11, 1991 21 Jan 1991 Ss. 7 and 9: Royal
Assent (y)
S. 8: 15 Feb
1991 (y) S. 9 (2)
Telecommunications (Transitional Provisions and Consequential
Amendments) Act 1991
99, 1991 27 June 1991 Part 4 (s. 25):
1 July 1991 (z) -
AUSSAT Repeal Act 1991
145, 1991 21 Oct 1991 Part 3 (ss. 8-12):
1 Feb 1992 (see
Gazette 1992,
No.S46)
Remainder: Royal
Assent -
Broadcasting Amendment Act 1991
158, 1991 21 Oct 1991 21 Oct 1991 S. 11
Special Broadcasting Service Act 1991
180, 1991 25 Nov 1991 Part 9 (ss. 93-115): Ss. 70,
23 Dec 1991 (za) 77-79, 82,
89, 96 (2)
and (3)
Broadcasting Amendment Act (No. 2) 1991
183, 1991 6 Dec 1991 Ss. 19-21:
(see Note 3)
Remainder: 3 Jan
1992 Part 4 (ss.
23-26)
Political Broadcasts and Political Disclosures Act 1991
203, 1991 19 Dec 1991 Part 2 (ss. 4-9):
3 Jan 1992 (see
Gazette 1992,
No. S2) (zb) -
(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."
"(5) 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:
"(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 Legislation Amendment Act 1988 was amended by section
35 only of the Broadcasting Amendment Act (No. 2) 1990, subsection 2 (3) of
which provides as follows:
"(3) The amendments of the Broadcasting Legislation Amendment Act 1988 made
by section 35 is taken to have commenced on 1 March 1989."
(w) The Broadcasting (National Metropolitan Radio Plan) Act 1988 was amended
by section 35 only of the Broadcasting Amendment Act (No. 2) 1990, subsection
2 (2) of which provides as follows:
"(2) The amendment of the Broadcasting (National Metropolitan Radio Plan)
Act 1988 made by section 35 is taken to have commenced on 26 December 1988."
(x) 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."
(y) The Broadcasting Act 1942 was amended by sections 7-9 only of the
Transport and Communications Legislation Amendment Act 1990, subsections 2 (1)
and (3) of which provide as follows:
"(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
"(3) Section 8 commences:
(a) on the day on which this Act receives the Royal Assent; or
(b) immediately after the commencement of the Therapeutic Goods Act 1989;
whichever occurs later."
(z) The Broadcasting Act 1942 was amended by Part 4 (section 25) only of the
Telecommunications (Transitional Provisions and Consequential Amendments) Act
1991, subsection 2 (2) of which provides as follows:
"(2) Part 2, Part 3 (except section 24) and Part 4 commence on 1 July
1991."
(za) The Broadcasting Act 1942 was amended by Part 9 (sections 93-115) only
of the Special Broadcasting Service Act 1991, subsection 2 (1) of which
provides as follows:
"(1) Subject to subsection (2), this Act commences 28 days after the day on
which it receives the Royal Assent."
(zb) The Broadcasting Act 1942 was amended by Part 2 (sections 4-9) only of
the Political Broadcasts and Political Disclosures Act 1991, subsections 2 (2)
and (3) of which provide as follows:
"(2) Subject to subsection (3), Parts 2, 4 and 5 commence on a day to be
fixed by Proclamation.
"(3) If Parts 2, 4 and 5 do not commence within the period of 6 months
beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period."
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
Table of Amendments
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
Table of Amendments
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; No. 102, 1990; Nos. 7, 11, 99,
145, 180, 183 and 203, 1991
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
am. No. 180, 1991
S. 6C ad. No. 66, 1985
am. No. 63, 1989; No. 145, 1991
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; No. 7, 1991
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; No. 7, 1991
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
ad. No. 180, 1991
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; No. 203, 1991
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
S. 17AA ad. No. 158, 1991
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; No. 102, 1990; No. 7, 1991
S. 17B ad. No. 66, 1985
S. 17C ad. No. 66, 1985
am. No. 102, 1990; Nos. 7 and 180, 1991
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; No. 180, 1991
S. 18A ad. No. 66, 1985
am. No. 79, 1987; No. 146, 1988; No. 180, 1991
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
Part III (ss. 60,
63, 64, 72-74, 78A) rep. No. 180, 1991
S. 60 am. No. 33, 1956; No. 89, 1976
rs. No. 113, 1981
am. No. 7, 1983
rep. No. 180, 1991
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
rep. No. 180, 1991
S. 64 rs. No. 33, 1956
am. No. 7, 1983
rep. No. 180, 1991
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
rep. No. 180, 1991
S. 73 rs. No. 33, 1956
am. No. 56, 1975; No. 89, 1976
rs. No. 160, 1977
am. No. 143, 1980; No. 7, 1983
rep. No. 180, 1991
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;
No. 99, 1991
rep. No. 180, 1991
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
rep. No. 180, 1991
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
Part IIIA (ss.
79C-79E, 79EA,
79F-79Z,
79ZA-79ZJ) rep. No. 180, 1991
S. 79B ad. No. 160, 1977
am. No. 66, 1985
rep. No. 180, 1991
S. 79C ad. No. 160, 1977
rep. No. 180, 1991
Ss. 79D, 79E ad. No. 160, 1977
am. No. 66, 1985
rep. No. 180, 1991
S. 79EA ad. No. 146, 1988
rep. No. 180, 1991
S. 79F ad. No. 160, 1977
am. No. 146, 1988
rep. No. 180, 1991
Ss. 79G-79J ad. No. 160, 1977
rep. No. 180, 1991
S. 79K ad. No. 160, 1977
am. No. 113, 1981
rep. No. 180, 1991
Ss. 79L-79S ad. No. 160, 1977
rep. No. 180, 1991
S. 79T ad. No. 160, 1977
am. No. 113, 1981
rep. No. 180, 1991
Ss. 79U-79W ad. No. 160, 1977
rep. No. 180, 1991
S. 79X ad. No. 160, 1977
am. No. 113, 1981
rep. No. 180, 1991
S. 79Y ad. No. 160, 1977
am. No. 113, 1981; No. 63, 1984; No. 166, 1985
rep. No. 180, 1991
S. 79Z ad. No. 160, 1977
am. No. 36, 1978
rep. No. 180, 1991
Ss. 79ZA-79ZE ad. No. 160, 1977
rep. No. 180, 1991
S. 79ZF ad. No. 160, 1977
rs. No. 184, 1987
rep. No. 180, 1991
S. 79ZG ad. No. 160, 1977
rep. No. 180, 1991
S. 79ZH ad. No. 160, 1977
am. No. 36, 1978
rep. No. 180, 1991
S. 79ZJ ad. No. 160, 1977
rs. No. 7, 1983; No. 66, 1985
rep. No. 180, 1991
Heading to
Part IIIB ad. No. 160, 1977
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
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
Part IIIB (ss. 80,
80A, 81-89,
89A-89E) ad. No. 160, 1977
S. 80 rs. No. 33, 1956; 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; Nos. 7 and
183, 1991
S. 80A ad. No. 160, 1977
S. 80B ad. No. 183, 1991
S. 81 rs. No. 33, 1956
am. No. 36, 1960; No. 31, 1969; No. 216, 1973
(as am. by No.
20, 1974) 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
S. 81B ad. No. 146, 1988
am. No. 180, 1991
S. 81C ad. No. 146, 1988
S. 82 rs. No. 33, 1956
am. No. 36, 1960
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; No. 183, 1991
S. 82AA ad. No. 134, 1987
rep. No. 183, 1991
S. 82A ad. No. 113, 1981
rs. No. 154, 1982
am. No. 66, 1985; No. 79, 1987; No. 146, 1988;
No. 183, 1991
S. 82AAA ad. No. 102, 1990
am. No. 183, 1991
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. 33, 1956; 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
S. 83A ad. No. 146, 1988
am. No. 103, 1990; No. 183, 1991
S. 83B ad. No. 146, 1988
am. No. 102, 1990; No. 183, 1991
Ss. 83C-83E ad. No. 146, 1988
S. 83F ad. No. 146, 1988
am. No. 183, 1991
Ss. 83G-83K ad. No. 183, 1991
S. 84 rs. No. 33, 1956; 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. 33, 1956
am. No. 21, 1969
rs. No. 160, 1977
am. No. 187, 1976; No. 143, 1980; No. 113,
1981; No. 66, 1985; No. 184, 1987; No. 146,
1988; No. 7, 1991
S. 86 rs. No. 33, 1956
am. No. 36, 1960; No. 216, 1973 (as am. by No.
20, 1974)
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
S. 86AA ad. No. 146, 1988
am. Nos. 102 and 103, 1990
S. 86AAA ad. No. 102, 1990
S. 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
Ss. 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. 33, 1956
am. No. 36, 1960
rs. No. 160, 1977
am. No. 187, 1976; No. 163, 1984; No. 184,
1987; No. 146, 1988; No. 7, 1991
S. 87A ad. No. 36, 1960
rs. No. 89, 1976
rep. No. 160, 1977
S. 88 rs. No. 33, 1956; No. 160, 1977
am. No. 113, 1981; No. 66, 1985; Nos. 79, 80
and 184, 1987; No. 56, 1988
rs. No. 146, 1988
am. No. 102, 1990
S. 88AA ad. No. 102, 1990
Ss. 88A-88E ad. No. 146, 1988
S. 89 ad. No. 64, 1948
rs. No. 33, 1956; 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
am. No. 103, 1990; Nos. 7 and 183, 1991
S. 89B ad. No. 160, 1977
am. No. 113, 1981; No. 66, 1985
rs. No. 184, 1987; No. 146, 1988
am. Nos. 7 and 183, 1991
S. 89C ad. No. 134, 1987
rs. No. 146, 1988
am. No. 7, 1991
Ss. 89CA, 89CB ad. No. 146, 1988
am. No. 7, 1991
S. 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; Nos. 145 and 183, 1991
Div. 1A of Part
IIIB (ss.
89DAA-89DAP) ad. No. 147, 1988
Ss. 89DAA-89DAP ad. No. 147, 1988
Div. 2 of Part
IIIB (ss. 89DA-89DI)ad. No. 146, 1988
S. 89DA ad. No. 146, 1988
am. No. 180, 1991
Ss. 89DB-89DG ad. No. 146, 1988
S. 89DH ad. No. 146, 1988
am. No. 102, 1990
S. 89DI ad. No. 146, 1988
Part IIIB (ss.
89E-89X) ad. No. 56, 1988
S. 89E ad. No. 160, 1977
rep. No. 113, 1981
ad. No. 56, 1988
am. No. 7, 1991
S. 89EA ad. No. 7, 1991
Ss. 89F, 89G ad. No. 56, 1988
am. No. 7, 1991
Ss. 89H, 89J ad. No. 56, 1988
S. 89JA ad. No. 7, 1991
S. 89K ad. No. 56, 1988
am. No. 7, 1991
S. 89KA ad. No. 7, 1991
S. 89KB ad. No. 7, 1991
am. No. 7, 1991
Ss. 89L-89N ad. No. 56, 1988
Ss. 89P-89R ad. No. 56, 1988
rep. No. 7, 1991
S. 89S ad. No. 56, 1988
S. 89T ad. No. 56, 1988
am. No. 31, 1989
Ss. 89U-89W ad. No. 56, 1988
S. 89X ad. No. 56, 1988
am. No. 158, 1991
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
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
Div. 2 of Part
IV (s. 90) rep. No. 31, 1969 Div. 2 of Part IV (ss. 90,
90A-90R)
ad. No. 31, 1969
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; No. 7,
1991
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. 90FA ad. No. 103, 1990
S. 90G ad. No. 31, 1969
rs. No. 113, 1981
am. No. 163, 1984; No. 56, 1988; No. 103, 1990
Ss. 90GA, 90GB ad. No. 103, 1990
S. 90H ad. No. 31, 1969
am. No. 89, 1976
rep. No. 113, 1981
ad. No. 134, 1987
Ss. 90HA-90HC ad. No. 158, 1991
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; No. 7,
1991
S. 90JA ad. No. 113, 1981
am. No. 163, 1984; No. 66, 1985; No. 68, 1987;
Nos. 56 and 146, 1988; No. 102, 1990; No. 7,
1991
S. 90JAA ad. No. 102, 1990
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. 90LA ad. No. 7, 1991
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; No. 7, 1991
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; No. 7, 1991
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. 92CA ad. No. 103, 1990
S. 92D ad. No. 36, 1960
rs. No. 38, 1965; No. 113, 1981
am. No. 163, 1984; No. 56, 1988; No. 103, 1990
Ss. 92DA, 92DB ad. No. 103, 1990
S. 92E ad. No. 36, 1960
rs. No. 38, 1965
am. No. 89, 1976
rep. No. 113, 1981
ad. No. 134, 1987
am. No. 7, 1991
Ss. 92EA-92EC ad. No. 158, 1991
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; No. 7, 1991
S. 92FAA ad. No. 113, 1981
am. No. 163, 1984; No. 66, 1985; No. 68, 1987;
Nos. 56 and 146, 1988; No. 102, 1990; No. 7,
1991
S. 92FAAA ad. No. 102, 1990
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. 92GA ad. No. 7, 1991
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; No. 7, 1991
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 ad. No. 56, 1988
am. No. 7, 1991
S. 92JC ad. No. 56, 1988
am. No. 7, 1991
rep. No. 158, 1991
S. 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
IIIBA ad. No. 66, 1985
rs. No. 102, 1990
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; No. 102, 1990;
No. 7, 1991
S. 92N ad. No. 113, 1981
am. No. 56, 1988; No. 102, 1990
S. 92NA ad. No. 158, 1991
S. 92P ad. No. 113, 1981
am. No. 68, 1987; No. 56, 1988; No. 158, 1991
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
IIIBA (ss. 92V, 92W)ad. No. 66, 1985
S. 92UA ad. No. 146, 1988
am. No. 7, 1991
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; No. 145, 1991
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
Part IIID (ss. 95,
95A-95U) ad. No. 203, 1991
S. 95 rs. No. 64, 1948; No. 33, 1956
am. No. 187, 1976
rs. No. 66, 1985
rep. No. 146, 1988
ad. No. 203, 1991
Ss. 95A-95U ad. No. 203, 1991
Heading to Part IV ad. No. 66, 1985
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; No. 183, 1991
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; Nos. 11 and 180, 1991
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;
No. 180, 1991
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; No. 180, 1991
S. 113A ad. No. 31, 1969
am. No. 89, 1976; No. 143, 1980; No. 7, 1983;
No. 66, 1985; No. 146, 1988; No. 180, 1991
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; No. 180, 1991
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; Nos.
180 and 203, 1991
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; Nos. 180 and 203, 1991
S. 117A ad. No. 36, 1960
am. No. 89, 1976; No. 113, 1981; Nos. 7 and
91, 1983; No. 66, 1985; No. 146, 1988; No.
180, 1991
S. 118 am. No. 64, 1948
rs. No. 33, 1956
am. No. 7, 1983; No. 66, 1985; No. 146, 1988;
No. 180, 1991
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; No. 102,
1990; No. 183, 1991
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; No. 102, 1990
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; No. 180, 1991
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; No. 146, 1988
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. 125 am. Nos. 7 and 158, 1991
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; No. 180, 1991
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. 125F rep. No. 180, 1991
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; No.
180, 1991
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 lines for transmission of programs
6C. Transmissions for broadcast by 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
15F. Remuneration
Division 2 - Powers and Functions of Tribunal
16. Functions and powers of Tribunal
16A. Approval of forms
17. Orders etc. of the Tribunal
17AA. Confidentiality
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 IIIB - LICENCES, LICENCE WARRANTS AND PERMITS
Division 1 - Licences and licence warrants
80. Interpretation
80A. Tribunal to act impartially etc.
80B. Whether service provided under a licence is
commercially viable
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
82A. Applications for grant of supplementary radio licences
82AAA. Simultaneous commercial radio licence and supplementary
radio licence inquiries
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
83G. FM access fee notices in relation to new
non-metropolitan FM commercial radio licences
83H. FM access fee notices in relation to new
non-metropolitan supplementary radio licences
83J. FM access fee notices in relation to conversion to FM
of non-metropolitan AM commercial radio licences
83K. Payment of FM access fee to be made within 28 days etc.
84. Imposition of licence conditions
85. Variation of licence conditions
86. Renewal of licences - general
86AA. Renewal of commercial licence
86AAA. Powers of the Tribunal where licensee fails to meet
suitability requirements that apply to a commercial
licence
86AB. Renewal of supplementary radio licence
86A. Renewal of certain supplementary 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
88AA. Powers of the Tribunal where licensee fails to meet
suitability requirements that apply to a 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
89EA. Networking agreements not to create certain interests
or control
89F. Prescribed interests
89G. Shareholding interests and voting interests
89H. Control of commercial licence
89J. Control of newspaper
89JA. Control of company by exercise of direction or
restraint
89K. Control of company
89KA. Control by persons acting together
89KB. Certain loans not to result in control
89L. Companies limited by guarantee
89M. Shares held by trustees of superannuation funds
89N. Tracing of shareholding interests through a series of
companies
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 Interpretation90.
Subdivision B - Limitations on ownership and
control of commercial radio licences
90C. Limitation of interests in commercial radio licences
90F. Directors
90FA. Foreign directors
90G. Foreign shareholdings etc.
90GA. Tracing foreign interests in voting shares through
series of companies
90GB. Tracing foreign interests in shares through series of
companies
90H. No "resale" of licence within 2 years of initial grant
90HA. Notification of interests
90HB. Tribunal to have regard to associates
90HC. Exempt classes of associates
90J. Changes in ownership of shares etc.
90JA. Approval of transactions
90JAA. Powers of Tribunal where approval of transaction
refused under section 90JA
Subdivision C - Miscellaneous
90K. Changes in memorandum or articles of association of
licensee
90L. Articles to contain certain provisions
90LA. Condition about quarterly notifications
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
92CA. Foreign directors
92D. Foreign shareholdings etc.
92DA. Tracing foreign interests in voting shares through
series of companies
92DB. Tracing foreign interests in shares through series of
companies
92E. No "resale" of licence within 2 years of initial grant
92EA. Notification of interests
92EB. Tribunal to have regard to associates
92EC. Exempt classes of associates
92F. Changes in ownership of shares etc.
92FAA. Approval of transactions
92FAAA. Powers of Tribunal where approval of transaction
refused under section 92FAA
Subdivision D - Miscellaneous
92FA. Changes in memorandum or articles of association of
licensee
92G. Articles to contain certain provisions
92GA. Condition about quarterly notifications
92H. Condition as to statutory declarations
92J. Trusts not valid unless notified
Division 3A - Cross media rules
92JB. Limitations on cross media interests
92JD. Limitations on cross media directorships
Division 4 - Enforcement of ownership and control
and licensing provisions in relation to commercial
licences
92L. Interpretation
92M. Directions to protect licensee
92N. Directions for divestiture
92NA. Tribunal may accept undertakings during inquiry
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 IIID - POLITICAL BROADCASTS
Division 1 - Introductory
95. Application and operation
Division 2 - Political advertisements, etc.
95A. Certain broadcasts not prevented
95B. Certain matter not to be broadcast during Commonwealth
elections etc.
95C. Certain matter not to be broadcast during Territory
elections
95D. Political advertisements not to be broadcast during
State elections
95E. Some matter not to be broadcast during certain other
periods
Division 3 - Free election broadcasting time
95F. Application of Division to radio broadcasts
95G. Election broadcasts
95H. Automatic grant of free time to certain parties
95J. Regulations for the purposes of section 95H
95K. Applications for grant of free time
95L. Grant of free time on applications in relation to
Senate elections
95M. Grant of free time on other applications
95N. Notification of grants
95P. Allocation to broadcasters
95Q. Broadcasting of election broadcasts
95R. Appeals
Division 4 - Policy launches
95S. Broadcasting policy launches
Division 5 - Miscellaneous
95T. Tribunal to consider certain applications, complaints
etc. immediately
95U. Powers of Federal Court of Australia
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. Certain programs to be made available to licensees
113A. Corporation and the SBS may make programs available to
certain licensees
114. Encouragement of Australian artists
115. Televising of sporting events and entertainment
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.
123AA. (Not in operation - see Note 3)
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.
125G. Delegation by Minister
129. Licences subject to Act
131. Control of broadcasting 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;
"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;
"broadcaster" means the Corporation, the Service or a licensee;
"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, including such a licence as renewed or
further renewed;
"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);
"election" includes a by-election;
"election period" means:
(a) in relation to an election to the Legislative Council of the State of
Tasmania, or an ordinary election to the Legislative Assembly for the
Australian Capital Territory - the period that starts 33 days before the
polling day for the election and ends at the close of the poll on that day;
and
(b) in relation to any other election to a Parliament - the period that
starts on:
(i) the day on which the proposed polling day for the election
is publicly announced; or
(ii) the day on which the writs for the election are issued;
whichever happens first, and ends at the close of the poll on the polling day
for the election; and
(c) in relation to an election to a local government authority - the period
that starts 33 days before the polling day for the election and ends at the
close of the poll on that day; and
(d) in relation to a referendum whose voting day is the same as the polling
day for an election to the Parliament of the Commonwealth - the period that is
the same as the election period in relation to that election; and
(e) in relation to any other referendum - the period that starts 33 days
before the voting day for the referendum and ends at the close of voting on
that day;
"exempt matter" means any of the following:
(a) matter directly relating to warnings of impending natural disasters or
military or civil disorders;
(b) matter relating to measures (including relief measures) taken to deal
with such disasters or disorders and with their consequences;
(c) matter provided by the authorities responsible for the conduct of an
election to a Parliament or a local government authority, or of a referendum,
including material relating to the procedures and polling places for the
election or referendum and the promotion of participation in the election or
referendum;
(d) advertisements of goods and services offered for sale by or on behalf
of:
(i) the government, or a government authority, of the
Commonwealth; or
(ii) the government, or a government authority, of a
Territory; or
(iii) the government, or a government authority, of a State;
being advertisements that do not contain a political reference;
(e) advertisements relating to vacant positions or calling for expressions
of interest in appointment to public offices;
(f) advertisements calling for tenders;
(g) announcements of the kind mentioned in paragraph 31 (2) (a) of the
Australian Broadcasting Corporation Act 1983, or announcements carried by the
Service relating to any activity or proposed activity of the Service;
(h) announcements relating to any public inquiry or public hearing conducted
under a law of the Commonwealth, or of a State or Territory;
(i) any notice or announcement required to be broadcast by or under any law
of the Commonwealth or of a State or Territory, other than a prescribed notice
or announcement;
"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 authority" means:
(a) in relation to the Commonwealth:
(i) a Department of State of the Commonwealth; or
(ii) any other authority or body (whether incorporated or not)
that is established for a public purpose by the Commonwealth, regardless of
the way in which the authority or body is so established; and
(b) in relation to a State or Territory:
(i) a Department of State of the State or Territory; or
(ii) a local government authority of the State or Territory;
or
(iii) any other authority or body (whether incorporated or
not) that is established for a public purpose by the State or Territory,
regardless of the way in which the authority or body is so established;
"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);
"legislature of a Territory" means:
(a) the Legislative Assembly for the Australian Capital Territory; or
(b) the Legislative Assembly of the Northern Territory; or
(c) such other Territory legislative bodies (if any) as are prescribed;
"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;
"licensee", when used in Part IIID, includes:
(a) the holder of an MCS permit; and
(b) the holder of a temporary transmission permit;
"limited licence" means a licence granted as a limited licence under section
81 including such a licence as renewed or further renewed;
"MCS permit" means a multi-channel service permit described in section 94T;
"MCS permit warrant" means an MCS permit warrant granted under section
94ZB;
"media in the service area of the licence" has the meaning given by
subsection (13);
"medicine" means a drug within the meaning of the Therapeutic Goods
Regulations made under the Therapeutic Goods Act 1989, but does not include
any such drug that, under paragraph 3 (2) (b) of that Act, would not be taken,
for the purposes of that Act, to be therapeutic goods for use in humans;
"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);
"ordinary election", in relation to the Legislative Assembly for the
Australian Capital Territory, has the same meaning as in the Australian
Capital Territory (Electoral) Act 1988; "Parliament" means:
(a) the Parliament of the Commonwealth; or
(b) a State Parliament; or
(c) a legislature of a Territory;
"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;
"policy launch", in relation to a political party, means a single spoken or
written statement of all or any of the party's policies, whether or not the
statement is accompanied by other incidental matter;
"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;
"political reference" means material comprising an express or implicit
reference to, or comment on, any of the following:
(a) an election to the Parliament of the Commonwealth or of a State, or to
the legislature of a Territory, or to a local government authority of a State
or Territory, including any such election that might be held in the future;
(b) the government or the opposition, or a previous government or
opposition, of the Commonwealth or of a State or Territory;
(c) a member of the Parliament of the Commonwealth or of a State, or of the
legislature of a Territory;
(d) a political party, or a branch or division of a political party;
(e) a candidate or group of candidates in an election referred to in
paragraph (a);
(f) an issue submitted or otherwise before, or likely to be submitted or
otherwise before, electors in such an election;
"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;
"radiocommunication" has the same meaning as in the Radiocommunications Act
1983;
"radio licence" means a commercial radio licence, a supplementary radio
licence, a public radio licence or a remote radio licence;
"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;
"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;
"SBS" means the body corporate preserved and continued in existence as the
Special Broadcasting Service Corporation under section 5 of the Special
Broadcasting Service Act 1991;
"Secretary" means the Secretary to the Department;
"section 89DAB notice" means a notice published under section 89DAB; "Senate
election" has the same meaning as in the Commonwealth Electoral Act 1918;
"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 SBS - an area in which the
Corporation or SBS, 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;
"suitability requirements" has the meaning given by subsections (18) and
(19);
"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 grounds" means grounds relating to technical matters;
"telegraph line" means a line within the meaning of the Telecommunications
Act 1991;
"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 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 SBS) 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 SBS) 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.
(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.
(18) For the purposes of this Act, the holder of a commercial licence fails
to meet the suitability requirements that apply to the licence if the
licensee:
(a) is no longer a fit and proper person to hold the licence; or
(b) no longer has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence.
(19) For the purposes of this Act, an applicant under section 90J or 92F
for approval of a transaction in relation to a licence fails to meet the
suitability requirements that apply to the licence if:
(a) the Tribunal is satisfied, for the purposes of subparagraph 90JA (2) (c)
(ii) or 92FAA (2) (c) (ii), that the applicant:
(i) is not a fit and proper person to hold the interests to
which the transaction relates; or
(ii) does not have the financial, technical or management
capabilities to provide an adequate and comprehensive service pursuant to the
licence; or
(b) had the application been an application for the Tribunal's consent to
the transfer to the applicant of the licence to which the transaction relates,
the Tribunal would, for the purposes of sub-subparagraph 89A (8) (c) (i) (A)
or (B) (as applied by paragraph 90JA (2) (a) or 92FAA (2) (a)), not have been
satisfied that the person:
(i) is a fit and proper person to hold the licence; or
(ii) has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to the
licence.
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 lines for transmission 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 SBS 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 satellite
SECT
6C. A person shall not transmit radio programs or television programs to a
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. (1) The Minister may grant the Chairman leave of absence on such terms
and conditions as to remuneration or otherwise as the Minister determines in
writing.
(2) The Chairman may grant another member or an associate member leave of
absence on such terms and conditions as to remuneration or otherwise as the
Chairman determines in writing.
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, 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 - SECT 15F
Remuneration
SECT
15F. (1) A member or associate member of the Tribunal must be paid such
remuneration as is determined by the Remuneration Tribunal.
(2) A member or an associate member of the Tribunal must be paid such
allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
BROADCASTING ACT 1942 - DIVISION 2
Division 2 - Powers and Functions of 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;
(ca) by order, to determine guidelines to be observed by a licensee within
the meaning of Part IIID in respect of the hours during which, and the manner
in which, policy launches of political parties are to be broadcast;
(cb) by order, to determine guidelines, not inconsistent with the
regulations, to be observed by a broadcaster in respect of the days and times
when, and the manner in which, election broadcasts within the meaning of
Division 3 of Part IIID are to be made;
(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 - SECT 17AA
Confidentiality
SECT
17AA. (1) Where, under this Act, the Tribunal receives information of or
about a proposed acquisition, the Tribunal must not disclose that information
to any person unless:
(a) it is necessary to do so for the purposes of:
(i) an inquiry; or
(ii) an application to the Federal Court of Australia, or any
proceedings arising out of such an application; or
(b) the Tribunal is satisfied that the information is so widely known that
disclosure would not be a breach of confidence.
(2) This section is not intended to limit the operation of section 125.
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);
(j) to give directions under subsection 92N (1), (2A) or (2B), 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 119AA (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 SBS or to the affairs or
operations of the Corporation or the SBS; 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.
(6A) Without limiting subsection (6), the reference in paragraph (6) (b) to
the exercise of 2 or more powers includes a reference to the exercise of:
(a) the power to grant a supplementary radio licence; and
(b) the power to grant a commercial radio licence that has a service area
overlapping the service area proposed for the supplementary radio licence.
(6B) Before the Tribunal holds a joint ordinary inquiry into the renewal of
2 or more commercial licences whose service areas do not overlap, the Tribunal
is to obtain consent to do so from the holders of the licences.
(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 SBS or to the affairs or
operations of the Corporation or the SBS; 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 SBS 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 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;
"networking agreement" means a written agreement lodged with the Tribunal
that provides for the supply of programs to the holder of a licence;
"non-metropolitan AM commercial radio licence" means an AM commercial radio
licence that is not in a large city or town;
"non-metropolitan FM commercial radio licence" means a commercial radio
licence:
(a) whose licence warrant authorises very high frequency transmission; and
(b) whose service area is not a metropolitan service area;
"non-metropolitan supplementary radio licence" means a supplementary radio
licence whose service area is not a metropolitan service area;
"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 80B
Whether service provided under a licence is commercially viable
SECT
80B. (1) For the purposes of this Part, the service provided under a licence
is commercially viable if, and only if, the Tribunal is satisfied that, on the
balance of probabilities, the service will continue to be provided under that
licence until the licence's expiration.
(2) In considering whether it is so satisfied, the Tribunal must disregard:
(a) the effect (if any) of the need to comply with any conditions of the
licence imposed under subsection 81 (1) or 85 (1); and
(b) the effect (if any) of the need to comply with any undertakings given to
the Tribunal by the licensee, except an undertaking given under subsection 83
(1) or 86 (4).
(3) For the purpose of subsection (1), the provision of the service under a
licence is not to be taken to be discontinued because only of a suspension of
the licence under this Act.
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 SBS 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; and
(d) if the licence is to be a non-metropolitan FM commercial radio licence -
notifies interested persons of the requirements in relation to the FM access
fee under this Act and the Radio Licence Fees Act 1964.
(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 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:
(i) of the matters set out in the notice mentioned in that
paragraph; and
(ii) in the case of a licence that is to be a non-metropolitan
supplementary radio licence - of the requirements under this Act and the Radio
Licence Fees Act 1964 in relation to the FM access fee; 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 82AAA
Simultaneous commercial radio licence and supplementary radio
licence inquiries
SECT
82AAA. (1) The Minister may:
(a) publish a notice under subsection 82 (1) in relation to a commercial
radio licence even though:
(i) an application has been lodged under section 82A for the
grant of a supplementary radio licence that would have a service area
overlapping the service area proposed for the commercial radio licence; and
(ii) the Minister has not, at the time when the notice is
published, determined whether to refer the application to the Tribunal under
paragraph 82A (4) (a) or dismiss the application under paragraph 82A (4) (b)
or subsection (5); and
(b) publish a notice under subsection 82 (1) in relation to a commercial
radio licence even though:
(i) the Minister has, under paragraph 82A (4) (a), referred to
the Tribunal an application under section 82A for the grant of a supplementary
radio licence that would have a service area overlapping the service area
proposed for the commercial radio licence; and
(ii) the Tribunal has not, at the time when the notice is
published, determined whether or not to grant a supplementary radio licence
pursuant to the reference.
(2) Where:
(a) an application is lodged under section 82A for the grant of a
supplementary radio licence and is referred to the Tribunal under paragraph
82A (4) (a); and
(b) the Minister, in accordance with paragraph (1) (a) or (b) of this
section, has published or publishes a notice under subsection 82 (1) in
relation to a commercial radio licence that would have a service area
overlapping the service area proposed for the supplementary radio licence;
the following provisions have effect:
(c) the Tribunal may consider simultaneously the application for the grant
of the supplementary radio licence and applications for the commercial radio
licence;
(d) subject to subsection (2A), the Tribunal may determine the matters that
arise out of the application under section 82A and the applications for the
commercial radio licence in the order that the Tribunal thinks most
appropriate in the circumstances;
(e) the Tribunal may, in accordance with regulations made for the purposes
of section 17C, hold a joint inquiry into the exercise of the power to grant
the supplementary radio licence and the exercise of the power to grant the
commercial radio licence.
(2A) If:
(a) the Tribunal is simultaneously considering the application for the grant
of a supplementary radio licence and applications for a commercial radio
licence; and
(b) the service area of the supplementary radio licence overlaps that of the
commercial radio licence; and
(c) the Tribunal determines under paragraph 83B (7) (c) that only one
additional radio licence should be granted in relation to those areas;
the Tribunal must give preference to the applications for the commercial radio
licence:
(d) by first considering the applications for the commercial radio licence;
and
(e) if an applicant for the commercial radio licence is a suitable person to
be granted that licence - by granting the commercial radio licence and not the
supplementary radio licence.
(3) Nothing in this section is to be taken to imply:
(a) that a power expressly conferred on the Minister or the Tribunal under
this section was not possessed by the Minister or the Tribunal before the
commencement of this section; or
(b) that a procedure expressly authorised by this section was not authorised
before the commencement of this section.
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) or
(9).
(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) subject to subsection (4A), 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;
(d) the policy that, whenever practicable, the number of broadcasting
services provided to the public should be increased.
(4A) If:
(a) the Tribunal is considering whether it is advisable in the public
interest to grant a commercial radio licence; and
(b) the service area of that licence overlaps the service area of a
non-limited licence;
the Tribunal is not to have regard to the need for the commercial viability of
the service provided under that non-limited licence unless its holder
satisfies the Tribunal that the service would not be commercially viable after
the grant of the commercial radio licence.
(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 90FA, 90G, 92CA 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) 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.
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) the need for the commercial viability of the service provided under a
licence mentioned in subsection (4A) or (4B) if the Tribunal is required to do
so under the subsection;
(c) the policy that, whenever practicable, the number of broadcasting
services provided to the public should be increased.
(4A) If:
(a) the Tribunal is considering whether it is advisable in the public
interest to grant a supplementary radio licence; and
(b) the service area of that licence overlaps the service area of a
non-limited licence; and
(c) at the same time, the Tribunal is also considering applications for the
grant of a non-limited licence whose service area overlaps the service area of
the supplementary radio licence;
the Tribunal is not to have regard to the need for the commercial viability of
the service provided under the existing non-limited licence unless its holder
satisfies the Tribunal that the service would not be commercially viable after
the grant of the supplementary radio licence.
(4B) If:
(a) the Tribunal is considering whether it is advisable in the public
interest to grant a supplementary radio licence to a person; and
(b) the service area of that licence overlaps the service area of a
commercial radio licence; and
(c) paragraph (4A) (c) does not apply;
the Tribunal is not to have regard to the need for the commercial viability of
the service provided under the commercial radio licence unless its holder
satisfies the Tribunal that the service would not be commercially viable after
the grant of the supplementary radio licence.
(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) or (1A).
(7) The Tribunal must refuse to grant a supplementary radio licence if:
(a) when the Tribunal is considering the application for it, the Tribunal is
also considering applications for the grant of a commercial radio licence in
accordance with section 82AAA; and
(b) the service area of the commercial radio licence overlaps that of the
supplementary radio licence; and
(c) the Tribunal determines that only one additional radio licence should be
granted in relation to those areas; and
(d) the Tribunal decides to grant the commercial 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 or subsection (1A);
and determine that the new service specifications specified in the
determination are the service specifications to which the licence is to be
subject.
(1A) If, before the grant of a supplementary radio licence:
(a) the Minister, on the Tribunal's recommendation, determines that the
licence's service area is to be smaller than, but wholly within, the service
area of a commercial radio licence to which it would be related; and
(b) no determination under this subsection has previously been made in
relation to the supplementary radio licence;
the Minister must:
(c) revoke the service specifications determined in relation to the
supplementary radio licence under subsection 82A (4) or subsection (1) of this
section; and
(d) determine that new service specifications specified in the determination
are the service specifications to which the supplementary radio 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 radio licence - whichever of the
following provisions under which the specifications were last determined:
(i) subsection 82A (4);
(ii) subsection (1);
(iii) subsection (1A);
(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) or (1A),
the Minister shall notify the Tribunal accordingly.
BROADCASTING ACT 1942 - SECT 83G
FM access fee notices in relation to new non-metropolitan FM
commercial radio licences
SECT
83G. If the Tribunal grants (otherwise than by way of renewal) a
non-metropolitan FM commercial radio licence to a person, it must give the
person a written notice:
(a) specifying the amount of FM access fee in respect of the licence
determined under section 6BA of the Radio Licence Fees Act 1964; and
(b) informing the person of the requirements under this Act and that Act in
relation to the FM access fee.
BROADCASTING ACT 1942 - SECT 83H
FM access fee notices in relation to new non-metropolitan
supplementary radio licences
SECT
83H. If the Tribunal grants (otherwise than by way of renewal) a
non-metropolitan supplementary radio licence to a person, it must give the
person a written notice:
(a) specifying the amount of FM access fee in respect of the licence
determined under section 6BA of the Radio Licence Fees Act 1964; and
(b) informing the person of the requirements under this Act and that Act in
relation to the FM access fee.
BROADCASTING ACT 1942 - SECT 83J
FM access fee notices in relation to conversion to FM of non-metropolitan AM
commercial radio licences
SECT
83J. If the Minister converts to FM a non-metropolitan AM commercial radio
licence, the Tribunal must give the holder of that licence a written notice:
(a) specifying the amount of FM access fee in respect of the licence
determined under section 6BA of the Radio Licence Fees Act 1964; and
(b) informing the person of the requirements under this Act and that Act in
relation to the FM access fee.
BROADCASTING ACT 1942 - SECT 83K
Payment of FM access fee to be made within 28 days etc.
SECT
83K. (1) An amount of FM access fee imposed under section 6B of the Radio
Licence Fees Act 1964 must be paid within 28 days beginning on the day of the
issue of the notice mentioned in that section.
(2) If a person who is liable to pay an amount of FM access fee fails to
pay that amount by the end of that period, or at the end of that period as
extended in accordance with this subsection, the Tribunal may:
(a) by written notice given to that person, extend or further extend that
period; or
(b) if the Tribunal is satisfied that the person has unreasonably or
repeatedly delayed paying that amount - exercise its power under subsection 88
(4) or 88A (3), as the case requires.
(3) If a commercial radio licence is revoked in accordance with subsection
88 (4) because of the licensee's failure to pay an FM access fee, the Tribunal
may:
(a) grant the licence to another applicant for the licence:
(i) to whom the Tribunal would have been required to grant the
licence but for subsection 83A (9); and
(ii) who is still available to be granted the licence; or
(b) recommend to the Minister that a fresh notice under subsection 82 (1)
should be published in relation to the granting of that licence.
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 4 (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 4 (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.
(4A) In determining whether it is advisable in the public interest to
refuse to renew a commercial licence under paragraph (4) (b), the Tribunal is
to have regard to:
(a) the existence of the powers referred to in section 86AAA; and
(b) such other matters as the Tribunal considers relevant.
(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 90FA, 90G, 92CA 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 86AAA
Powers of the Tribunal where licensee fails to meet suitability
requirements that apply to a commercial licence
SECT
86AAA. (1) Where the Tribunal is satisfied, for the purposes of paragraph
86AA (4) (b), that the holder of a commercial licence has failed to meet the
suitability requirements that apply to the licence, the Tribunal may do any
one or more of the following:
(a) revoke, vary or impose conditions on the licence under subsection 85 (1)
or 86 (6);
(b) give directions under subsection 92M (1A);
(c) give directions under subsection 92N (2A).
(2) The powers referred to in subsection (1) are in addition to, and are
not intended to limit, any other power that the Tribunal has to deal with the
licensee's failure.
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 5
years or such lesser period (being not less than 12 months) as is specified in
the licence.
(2AA) The Tribunal is not to specify a lesser period under subsection (2)
unless it is satisfied that the circumstances justify its doing so.
(2AB) Without limiting the generality of subsection (2AA), circumstances
justify the Tribunal specifying a lesser period where:
(a) the Tribunal is satisfied that the period is likely to enable a future
inquiry into the further renewal of that licence to be conducted as a joint
ordinary inquiry; and
(b) the licensee has consented in writing to that period.
(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), (2) and (2AA) 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 5 years) were
substituted for the reference to 5 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.
(2A) In determining whether it is advisable in the public interest to
suspend or revoke a commercial licence under paragraph (2) (b), the Tribunal
is to have regard to:
(a) the existence of the powers referred to in section 88AA; and
(b) such other matters as the Tribunal considers relevant.
(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 88AA
Powers of the Tribunal where licensee fails to meet suitability
requirements that apply to a commercial licence
SECT
88AA. (1) Where the Tribunal is satisfied, for the purposes of paragraph 88
(2) (b), that the holder of a commercial licence has failed to meet the
suitability requirements that apply to the licence, the Tribunal may do any
one or more of the following:
(a) revoke, vary or impose conditions on the licence under subsection 85 (1)
or 86 (6);
(b) give directions under subsection 92M (1A);
(c) give directions under subsection 92N (2A).
(2) The powers referred to in subsection (1) are in addition to, and are
not intended to limit, any other power that the Tribunal has to deal with the
licensee's failure.
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 if 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), (4) and (5A), 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 within the period beginning from the grant of the licence
and ending on the day that is 2 years after the day of the commencement of
service provided under 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.
(5A) Without limiting subsection (4) or (10), if a commercial radio licence
is related to a supplementary radio licence, the commercial radio licence must
not be transferred by its licensee to a person within the period beginning
from the grant of the supplementary radio licence and ending on the day that
is 2 years after the day of the commencement of service provided under the
supplementary radio licence, unless the supplementary radio licence or, if the
licensee is one of its co-owners, the whole of the licensee's interest in the
supplementary radio licence, is also transferred to that person.
(5B) For the purposes of subsections (4) and (5A), the day of the
commencement of service provided under a licence is the day on which the
service provided under the licence commences in accordance with a
determination made under section 96.
(5C) If:
(a) a commercial radio licence that is related to a supplementary radio
licence is transferred to a person; and
(b) the supplementary radio licence, or if the licensee is a co-owner, the
whole of the licensee's interest in the supplementary radio licence, is not
also transferred to that person; and
(c) as a result, the supplementary radio licence is no longer related to a
commercial radio licence;
the supplementary radio licence is, for the purposes of this Act, taken to be
a commercial radio licence on and from the day of the transfer until its
expiration.
(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 90FA, 90G, 92CA 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 must refuse to give consent to the transfer of a
commercial radio licence by its licensee to a person if:
(a) the licence is related to a supplementary radio licence; and
(b) the commercial radio licence's service area is not substantially the
same as that of the supplementary radio licence; and
(c) the supplementary radio licence or, if the licensee is one of its
co-owners, the whole of the licensee's interest in the supplementary radio
licence, is not also transferred to that person.
(11) Notwithstanding subsection (8), where, at the end of the period of 6
months beginning on the day on which an inquiry by the Tribunal into an
application for consent to the transfer of a commercial licence began, or that
period as extended under subsection (12), the Tribunal has neither given nor
refused that consent, the Tribunal is taken to have given that consent.
(12) Subject to subsection (13), where, during the period of 6 months
beginning on the day on which an inquiry referred to in subsection (11) began,
or that period as previously extended under this subsection, the Tribunal
considers that it is necessary to extend or further extend the period to a
particular date to enable a matter relevant to the inquiry to be dealt with,
the Tribunal may so extend the period.
(13) The Tribunal must not extend the period to a date unless it gives
written reasons for the extension to that date.
(14) For the purposes of this section, where, under a networking agreement,
programs are supplied to the holder of a commercial licence by a party to the
agreement, the party, or a person who holds a direct or indirect interest in
the party, is not taken to be admitted by the holder to participate in any of
the benefits of the licence, or to exercise any of the powers or authorities
granted by the licence, just because of:
(a) the terms of the agreement that relate to the supply of the programs;
or
(b) a business relationship created by those terms; or
(c) the dependence of the holder on that supply for the provision of the
service under the licence.
(15) For the purposes of this section, where the holder of a commercial
licence makes payments of a proportion of the holder's gross earnings to a
person for the purpose of distribution among the owners of copyrights, that
person and the persons among whom the payments are distributed are not taken
to be admitted by the holder to participate in any of the benefits of the
licence, or to exercise any of the powers or authorities granted by the
licence, just because of the payments or distribution.
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),
(4A) 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.
(4A) The Tribunal must refuse to give consent to the transfer of a
supplementary radio licence by its licensee to a person if:
(a) its service area is not substantially the same as that of the service
area of the commercial radio licence of which the licensee is also the
licensee and to which the supplementary radio licence is related; and
(b) the commercial radio licence is not also transferred to that person.
(5) Without limiting subsection (4A), the Tribunal must refuse to give
consent to the transfer of a supplementary radio licence by its licensee to
another person if the transfer occurs within the period beginning from the
grant of the licence and ending on the day that is 2 years after the day of
the commencement of service provided under the licence, unless the commercial
radio licence of which the licensee is the licence holder and to which the
licence is related is also transferred to the other person.
(5A) For the purpose of subsection (5), the day of the commencement of
service provided under a licence is the day on which service provided under
the licence commences in accordance with a determination made under section
96.
(5B) If:
(a) a supplementary radio licence is transferred to a person who is not the
holder of a commercial radio licence that has a service area substantially the
same as that of the supplementary radio licence; and
(b) a commercial radio licence to which the supplementary radio licence is
related is not also transferred to that person;
the supplementary radio licence is, for the purposes of this Act, taken to be
a commercial radio licence on and from the day of its transfer until its
expiration.
(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.
(7) For the purposes of this section where, under a networking agreement,
programs are supplied to the holder of a supplementary radio licence by a
party to the agreement, the party, or a person who holds a direct or indirect
interest in the party, is not taken to be admitted by the holder to
participate in any of the benefits of the licence, or to exercise any of the
powers or authorities granted by the licence, just because of:
(a) the terms of the agreement that relate to the supply of the programs;
or
(b) a business relationship created by those terms; or
(c) the dependence of the holder on that supply for the provision of the
service under the licence.
(8) For the purposes of this section, where the holder of a supplementary
radio licence makes payments of a proportion of the holder's gross earnings to
a person for the purpose of distribution among the owners of copyrights, that
person and the persons among whom the payments are distributed are not taken
to be admitted by the holder to participate in any of the benefits of the
licence, or to exercise any of the powers or authorities granted by the
licence, just because of the payments or distribution.
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).
(4) For the purposes of this section, where the holder of a public licence
makes payments of a proportion of the holder's gross earnings to a person for
the purpose of distribution among the owners of copyrights, that person and
the persons among whom the payments are distributed are not taken to be
admitted by the holder to participate in any of the benefits of the licence,
or to exercise any of the powers or authorities granted by the licence, just
because of the payments or distribution.
BROADCASTING ACT 1942 - SECT 89CA
Transfer of remote licences
SECT
89CA. (1) Subject to subsections (1A) and (1B), 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.
(1A) A person must not be admitted to participate in any of the benefits of
a remote licence, or to exercise any of the powers or authorities granted by a
remote licence, if the person would be ineligible for the grant of the licence
under subsection 81AA (4).
(1B) A remote licence must not be transferred to a person if the person
would, because of subsection 81AA (4), be ineligible for the grant of the
licence.
(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.
(6) For the purposes of this section, where, under a networking agreement,
programs are supplied to the holder of a remote licence by a party to the
agreement, the party, or a person who holds a direct or indirect interest in
the party, is not taken to be admitted by the holder to participate in any of
the benefits of the licence, or to exercise any of the powers or authorities
granted by the licence, just because of:
(a) the terms of the agreement that relate to the supply of the programs;
or
(b) a business relationship created by those terms; or
(c) the dependence of the holder on that supply for the provision of the
service under the licence.
(7) For the purposes of this section, where the holder of a remote licence
makes payments of a proportion of the holder's gross earnings to a person for
the purpose of distribution among the owners of copyrights, that person and
the persons among whom the payments are distributed are not taken to be
admitted by the holder to participate in any of the benefits of the licence,
or to exercise any of the powers or authorities granted by the licence, just
because of the payments or distribution.
BROADCASTING ACT 1942 - SECT 89CB
Transfer of limited licence
SECT
89CB. (1) Subject to subsection (1A), 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.
(1A) A person must not be admitted to participate in any of the benefits of
a limited licence, or to exercise any of the powers or authorities granted by
a limited licence, if the person would be ineligible for the grant of the
licence under subsection 81AA (5).
(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.
(7) For the purposes of this section, where the holder of a limited licence
makes payments of a proportion of the holder's gross earnings to a person for
the purpose of distribution among the owners of copyrights, that person and
the persons among whom the payments are distributed are not taken to be
admitted by the holder to participate in any of the benefits of the licence,
or to exercise any of the powers or authorities granted by the licence, just
because of the payments or distribution.
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 a
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, a 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 a 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 a 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.
(5A) The holder of a non-metropolitan AM commercial radio licence may seek
to convert that licence to FM by applying to the Minister, in writing, for the
variation of the technical conditions of the licence warrant so as to
authorise transmission by way of FM frequency.
(5B) On receiving an application made under subsection (5A), and after
having regard to any representations made in accordance with subsection (8),
the Minister may:
(a) exercise the Minister's power under subsection (6); or
(b) dismiss the application.
(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.
(6A) If the Minister varies the technical conditions of a licence warrant
on an application made under subsection (5A), the Minister must, by written
notice, inform the Tribunal of the variation.
(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.
(9) If the Minister or an authorised officer gives a notice to a person
under subsection (8) on that person's application under subsection (5A), the
Minister or the officer must also, in that notice, inform the person of the
requirements in relation to the FM access fee under this Act and the Radio
Licence Fees Act 1964.
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 SBS or a licensee;
(b) a permit authorising the person to use telegraph lines to transmit
programs broadcast or transmitted by the Corporation, the SBS or a licensee;
or
(c) a permit authorising persons to whom the permit holder transmits
programs broadcast or transmitted by the Corporation, the SBS 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 subsections (2) and (3), 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.
(3) Subsection (1) does not apply to a temporary transmission permit
granted to a person to whom subsection (4) applies.
(4) This subsection applies to a person if:
(a) a temporary transmission permit is granted to the person; and
(b) the person is:
(i) the holder of a public licence; or
(ii) an applicant or potential applicant for a public licence;
and
(c) the permit is granted for the purposes of conducting broadcasts
connected with the public licence or an application or intended application
for the public licence.
(5) Where a temporary transmission permit is granted to a person to whom
subsection (4) applies:
(a) subsection 119AB (2) applies to the person; and
(b) subsections 119AB (3), (3A) and (3B) apply to the person subject to any
conditions imposed under subsection 89DF (9);
as if references in those subsections to a public radio licence were
references to the temporary transmission permit.
(6) It is a condition of a temporary transmission permit granted to a
person to whom subsection (4) applies that any money derived by the person
from broadcasting activities conducted pursuant to the permit is not to be
spent otherwise than:
(a) for or in connection with the conduct of broadcasting activities
pursuant to the temporary transmission permit; or
(b) if the person is the holder of a public licence - for or in connection
with the provision, maintenance or improvement of the broadcasting services
provided pursuant to the licence; or
(c) if the person is an applicant or potential applicant for a public
licence - for or in connection with the preparation or making of an
application for the licence; or
(d) for the benefit of public broadcasting generally.
(7) For the purposes of this section:
(a) a person is an applicant for a public licence if:
(i) the Minister has published a notice under subsection 82
(1) inviting applications for the grant of a public licence; and
(ii) the person has applied for the grant of the licence; and
(b) a person is a potential applicant for a public licence if the Minister
is satisfied, on reasonable grounds, that:
(i) the person intends to apply for a public licence; or
(ii) the person is a member of a body which intends to form a
corporation to apply for the grant of a public licence.
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) subject to section 89KB, when used in relation to a company - has the
meanings given by sections 89JA and 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;
"interest", in relation to a commercial licence or a newspaper, means a
shareholding interest or a voting 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 agreement", in relation to a company, means an agreement under which:
(a) money is lent or advanced to the company; or
(b) money is deposited with the company; or
(c) a debt or liability (whether or not financial) of the company arises;
whether or not:
(d) the money, debt or liability is secured; or
(e) money payable by the company under the agreement is presently payable;
or
(f) liability arising under the agreement is unconditional;
"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 89EA
Networking agreements not to create certain interests or control
SECT
89EA. (1) In this section:
"competing licensee" means:
(a) the holder of a commercial television licence that is one of 2 or more
such licences with co-extensive service areas; or
(b) the holder of a commercial television licence in an approved market who
has been given notice under section 94J stating that the market is proceeding
immediately towards aggregation;
"networking agreement" means a written agreement lodged with the Tribunal
that provides for the supply of programs to a competing licensee.
(2) Where, under a networking agreement, programs are supplied to a
competing licensee by a party to the agreement, being programs for the
provision of the service under the licence because of which the licensee is a
competing licensee, then, for the purposes of paragraphs 92 (1) (a), 92JB (1)
(a) and 92JB (2) (a), the party, or a person who holds a direct or indirect
interest in the party, is not taken to have a prescribed interest in that
licence just because of:
(a) the terms of the agreement that relate to the supply of the programs;
or
(b) a business relationship created by those terms; or
(c) the dependence of the licensee on that supply for the provision of the
service under the licence.
(3) Where, under a networking agreement, programs are supplied to a
competing licensee by a company that is a party to the agreement, being
programs for the provision of the service under the licence because of which
the licensee is a competing licensee, then, for the purposes of subsections
92C (1), 92JD (1) and 92JD (2), the company is not taken to be in a position
to exercise control of that licence just because of:
(a) the terms of the agreement that relate to the supply of the programs;
or
(b) a business relationship created by those terms; or
(c) the dependence of the licensee on that supply for the provision of the
service under the licence.
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) Subject to subsection 89EA (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 15% of the general
meeting votes in the company holding the licence; or
(e) 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.
(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 and voting 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.
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 89JA
Control of company by exercise of direction or restraint
SECT
89JA. (1) For the purposes of this Part, a person who is in a position:
(a) to veto any action taken by the board of directors; or
(b) to appoint, or veto the appointment of, at least half of the board of
directors; or
(c) in any other manner to exercise, either directly or indirectly,
direction or restraint over any substantial issue affecting the management or
affairs;
of a company is taken (but not to the exclusion of any other person) to be in
a position to exercise control of:
(d) that company; and
(e) all acts and operations of that company; and
(f) any votes, of which that company is in a position to exercise control,
in another company.
(2) For the purposes of this section, where a person is, because of any
application or applications of this section, taken to be in a position to
exercise control of a company that has a shareholding interest in another
company, that person is taken (but not to the exclusion of any other person)
to have that shareholding interest.
BROADCASTING ACT 1942 - SECT 89K
Control of company
SECT
89K. (1) For the purposes of this Part (other than subsections 89JA (1), 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.
(4) References in subsections (2) and (3) to any application or
applications of this section include references to a combination of such an
application or applications and the operation of section 89JA.
BROADCASTING ACT 1942 - SECT 89KA
Control by persons acting together
SECT
89KA. For the purposes of this Part, where:
(a) 2 or more persons act together, in accordance with an agreement,
arrangement, understanding or practice (whether formal or informal), for the
purpose of being, between them, in a position, otherwise than because of
section 89K, to exercise control of a commercial licence, newspaper or
company; and
(b) because of so acting, they are, between them, in that position;
each of them is taken to be in that position.
BROADCASTING ACT 1942 - SECT 89KB
Certain loans not to result in control
SECT
89KB. (1) In this section:
"authorised lender" means:
(a) a bank within the meaning of the Banking Act 1959;
(b) a corporation formed under the law of a State or Territory to carry on
the business of banking within Australia; or
(c) a corporation whose sole or principal business is the making of loans to
other persons, being a corporation:
(i) that is registered as a financial institution under the
Financial Corporations Act 1974; or
(ii) in respect of which a declaration under subsection (5) is
in force; or
(iii) in respect of which an application for such a
declaration has been made but not finally disposed of;
"controller", in relation to an authorised lender, means a person in a
position to exercise control of the lender;
"media company" means:
(a) a company that holds a commercial licence; or
(b) a company that publishes a newspaper; or
(c) a company that is in a position to exercise control of a company
referred to in paragraph (a) or (b).
(2) Subject to subsections (3) and (4), where an authorised lender has a
loan agreement with a media company, then, for the purposes of this Part
(other than sections 90LA and 92GA):
(a) the agreement; and
(b) any arrangement, mortgage or other transaction associated with the
agreement; and
(c) any rights or powers of the lender under the agreement or such a
transaction; and
(d) the exercise of any of those rights or powers;
are to be disregarded in determining whether, or to what extent, the lender or
any controller of the lender is in a position to exercise control of:
(e) the company; or
(f) the acts and operations of the company; or
(g) the votes, of which the company is in a position to exercise control, in
another company.
(3) Where:
(a) the media company holds, or is in a position to exercise control of a
company that holds, a commercial licence; and
(b) the authorised lender or a controller of the lender:
(i) exercises control over persons or matters in such a way as
to prevent the licensee complying with a condition of the licence; or
(ii) controls the selection or provision of the programs to be
broadcast pursuant to the licence;
then subsection (2) does not apply in determining whether, or to what extent,
the lender or that person is in a position to exercise control of the media
company or of a matter referred to in paragraph (2) (f) or (g).
(4) Where:
(a) the media company publishes, or is in a position to exercise control of
a company that publishes, a newspaper; and
(b) the authorised lender or a controller of the lender controls the
selection or provision of the material to be published in the newspaper;
then subsection (2) does not apply in determining whether, or to what extent,
the lender or the person is in a position to exercise control of the media
company or of a matter referred to in paragraph (2) (f) or (g).
(5) The Tribunal may, in writing, declare a corporation (whether formed
inside or outside Australia) whose sole or principal business is the making of
loans to other persons to be an authorised lender for the purposes of this
section.
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 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 7 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.
(1A) The Tribunal may specify a period of fewer than 7 days in a notice
served on a person under subsection (1) if it is satisfied that, in all the
circumstances, it is reasonable to do so.
(1B) To avoid doubt, it is declared that the Tribunal may exercise its
powers under this section whether or not it is holding, proposes to hold, or
is considering whether to hold, an inquiry.
(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.
(3A) Where a person fails to comply with a requirement in a notice served on
the person under subsection (1), the Tribunal may make application to the
Federal Court for an order under subsection (3B).
(3B) Where, on an application under subsection (3A), the Federal Court is
satisfied that the information or documents required to be produced by the
notice are necessary to enable the Tribunal to exercise any of its powers, or
perform any of its functions or duties, under this Part, the Court may order
that an acquisition of interest, to which the information or documents relate,
not occur until the information or documents have been produced in accordance
with the notice.
(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 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:
(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) subject to paragraph (d), where the person lodged, or was required to
lodge, an application under section 90J about the transaction - after the end
of the period of 6 months beginning immediately after the day on which the
Tribunal gives approval, or refuses approval in whole or in part, of the
transaction in so far as it affects the person; or
(d) where:
(i) the person, not being a party to the transaction, lodged,
or was required to lodge, an application under section 90J about the
transaction; and
(ii) a party to the transaction also lodged, or was required
to lodge, such an application - after the end of the period of 6 months
beginning immediately after whichever is the later of;
(iii) the day on which the Tribunal gives approval, or refuses
approval in whole or in part, of the transaction in so far as it affects the
person; or
(iv) the day on which the Tribunal gives approval, or refuses
approval in whole or in part, of the transaction, in so far as it affects the
party; or
(e) subject to paragraph (f), where the person did not, and was not required
to, lodge an application under section 90J about the transaction - after the
end of the period of 6 months beginning immediately after the last day on
which, if paragraphs 90J (7CA) (a) and (b) applied in relation to the
transaction, a direction under subsection 90J (7CA) about the transaction
could have been given; or
(f) where:
(i) the person, not being a party to the transaction, did not,
and was not required to, lodge an application under section 90J about the
transaction; but
(ii) a party to the transaction lodged, or was required to
lodge, such an application - after the end of the period of 6 months beginning
immediately after whichever is the later of;
(iii) the last day on which, if paragraphs 90J (7CA) (a) and
(b) applied in relation to the transaction, a direction under subsection 90J
(7CA) about the transaction could have been given; or
(iv) the day on which the Tribunal gives approval, or refuses
approval in whole or in part, of the transaction in so far as it affects the
party.
(5C) Subject to subsections (5D) and (5E), the Tribunal may extend a period
of 6 months referred to in paragraph (5B) (c), (d), (e) or (f) in relation to
a contravention of this section by a person.
(5D) The Tribunal may only grant an extension under subsection (5C):
(a) on the application of a person made within the period of 6 months that
is being extended; and
(b) by written notice served on the applicant.
(5E) The Tribunal must not grant an application for the extension of a
period in relation to the contravention of this section by a person unless the
Tribunal is satisfied that, within the period, the person made all reasonable
efforts to end the contravention.
(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 90FA
Foreign directors
SECT
90FA. (1) A licence is subject to a condition that, at all times while the
licence is in force, at least 80% of the directors of the company that holds
the licence must be Australian citizens.
(2) For the purposes of this Act, the condition to which a licence is
subject under subsection (1) is not contravened where:
(a) the situation arises in which less than 80% of the directors of the
company that holds the licence are Australian citizens; and
(b) the situation does not continue for longer than the period of 28 days
beginning immediately after whichever is the earlier of:
(i) the day on which the licensee became aware of the
situation; or
(ii) the day on which the licensee should have become aware of
the situation.
(3) Subject to subsections (4) and (5), the Tribunal may extend the period
in relation to a particular instance of the situation in respect of a
particular licensee.
(4) The Tribunal may only grant an extension:
(a) on the application of a person made within the period that is being
extended; and
(b) by written notice served on the applicant.
(5) The Tribunal must not grant an extension unless it is satisfied that it
is in the public interest to do so having regard to:
(a) the desirability of at least 80% of the directors of the licensee being
Australian citizens; and
(b) any other matters or circumstances that the Tribunal considers relevant.
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, other than paragraphs (2) (b) and (c),
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.
(7) For the purposes of this Act, where, because of a change of
circumstances or other event, a situation arises in which a condition to which
a licence is subject under this section is not complied with, that situation
so created is taken not to exist, and not to cause a contravention of the
condition, before the end of the period of 28 days beginning immediately after
whichever is the earlier of:
(a) the day on which the licensee became aware of the situation; or
(b) the day on which the licensee should have become aware of the situation.
(8) Subject to subsections (9) and (10), the Tribunal may extend the period
in relation to a particular event and a particular licensee.
(9) The Tribunal may only grant an extension:
(a) on the application of a person made within the period or the period as
extended earlier; and
(b) by written notice served on the applicant.
(10) The Tribunal must not grant an extension unless it is satisfied that it
is in the public interest to do so having regard to:
(a) the desirability of the condition being complied with; and
(b) any other matters or circumstances that the Tribunal considers relevant.
(11) The Tribunal must not grant an extension unless it is satisfied that
the licensee made reasonable efforts to ensure that the condition would be
complied with at the end of the period or of the period as last extended, as
the case requires.
BROADCASTING ACT 1942 - SECT 90GA
Tracing foreign interests in voting shares through series of companies
SECT
90GA. (1) In this section:
"Australian company" means a company that is not a foreign person;
"foreign person" has the same meaning as in section 90G;
"licensee" means a company holding a licence;
"minor interests" means shareholding interests in a licensee that are held
by a foreign person in accordance with subsection (2) because of the person's
shareholding interests in an Australian company whose shareholding interests
in the licensee do not exceed in amount 2% of the total of the amounts paid on
all voting shares in the licensee;
"shareholding interests", in relation to a company, means shareholding
interests in respect of voting shares in the company;
"voting share", in relation to a company, means a share in the company that
carries voting rights on all questions at general meetings of the company.
(2) For the purposes of paragraph 90G (2) (b), where:
(a) a foreign person holds shareholding interests in an Australian company
(in this subsection called the "first company"); and
(b) the first company holds shareholding interests in another Australian
company (in this subsection called the "second company");
the foreign person holds shareholding interests in the second company (in
addition to any other shareholding interests) of an amount calculated using
the formula:
Inter-company interests X Actual interests
First company interests
where:
"Inter-company interests" means the amount of the first company's
shareholding interests in the second company;
"Actual interests" means the amount of the foreign person's shareholding
interests in the first company;
"First company interests" means the total of the amounts paid on all voting
shares in the first company.
(3) For the purposes of subsection (2), a foreign person's shareholding
interests in an Australian company include interests that exist because of any
other application or applications of this section.
(4) For the purposes of subsection (2), an Australian company's
shareholding interests in another Australian company include interests that
exist because of any application or applications of subsection (5).
(5) For the purposes of subsection (2), where:
(a) an Australian company (in this subsection called the "first company")
holds shareholding interests in another Australian company (in this subsection
called the "second company"); and
(b) the second company holds shareholding interests in a third Australian
company;
the first company holds shareholding interests in the third company (in
addition to any other shareholding interests) of an amount calculated using
the formula:
Inter-company interests X Actual interests
Second company interests
where:
"Inter-company interests" means the amount of the second company's
shareholding interests in the third company;
"Actual interests" means the amount of the first company's shareholding
interests in the second company;
"Second company interests" means the total of the amounts paid on all voting
shares in the second company.
(6) In finding out for the purposes of paragraph 90G (2) (b) the
shareholding interests in a licensee held by foreign persons in accordance
with subsection (2):
(a) subject to paragraph (b) - minor interests in the licensee may be
disregarded; or
(b) if the Tribunal requires the minor interests or a class of them to be
taken into account because the Tribunal suspects that, if the minor interests
or that class were taken into account, the shareholding interests in the
licensee known to be held by foreign persons would exceed in amount 20% of the
total of the amounts paid on all voting shares in the licensee - the
requirement must be complied with but any minor interests to which the
requirement does not apply may be disregarded.
(7) Without limiting subsection (6), a class of minor interests referred to
in that subsection may be all, or a class of, minor interests in a licensee
that foreign persons have because of shareholding interests in Australian
companies each of which is a company whose shareholding interests in the
licensee do not exceed in amount a particular percentage of the total of the
amounts paid on all voting shares in the licensee.
BROADCASTING ACT 1942 - SECT 90GB
Tracing foreign interests in shares through series of companies
SECT
90GB. (1) In this section:
"Australian company" means a company that is not a foreign person;
"foreign person" has the same meaning as in section 90G;
"licensee" means a company holding a licence;
"minor interests" means shareholding interests in a licensee that are held
by a foreign person in accordance with subsection (2) because of the person's
shareholding interests in an Australian company whose shareholding interests
in the licensee do not exceed in amount 2% of the total of the amounts paid on
all shares in the licensee.
(2) For the purposes of paragraph 90G (2) (c), where:
(a) a foreign person holds shareholding interests in an Australian company
(in this subsection called the "first company"); and
(b) the first company holds shareholding interests in another Australian
company (in this subsection called the "second company");
the foreign person holds shareholding interests in the second company (in
addition to any other shareholding interests) of an amount calculated using
the formula:
Inter-company interests X Actual interests
First company interests
where:
"Inter-company interests" means the amount of the first company's
shareholding interests in the second company;
"Actual interests" means the amount of the foreign person's shareholding
interests in the first company;
"First company interests" means the total of the amounts paid on all voting
shares in the first company.
(3) For the purposes of subsection (2), a foreign person's shareholding
interests in an Australian company include interests that exist because of any
other application or applications of this section.
(4) For the purposes of subsection (2), an Australian company's
shareholding interests in another Australian company include interests that
exist because of any application or applications of subsection (5).
(5) For the purposes of subsection (2), where:
(a) an Australian company (in this subsection called the "first company")
holds shareholding interests in another Australian company (in this subsection
called the "second company"); and
(b) the second company holds shareholding interests in a third Australian
company;
the first company holds shareholding interests in the third company (in
addition to any other shareholding interests) of an amount calculated using
the formula:
Inter-company interests X Actual interests
Second company interests
where:
"Inter-company interests" means the amount of the second company's
shareholding interests in the third company;
"Actual interests" means the amount of the first company's shareholding
interests in the second company;
"Second company interests" means the total of the amounts paid on all shares
in the second company.
(6) In finding out for the purposes of paragraph 90G (2) (c) the
shareholding interests in a licensee held by foreign persons in accordance
with subsection (2):
(a) subject to paragraph (b) - minor interests in the licensee may be
disregarded; or
(b) if the Tribunal requires the minor interests or a class of them to be
taken into account because the Tribunal suspects that, if the minor interests
or that class were taken into account, the shareholding interests in the
licensee known to be held by foreign persons would exceed in amount 20% of the
total of the amounts paid on all shares in the licensee - the requirement must
be complied with but any minor interests to which the requirement does not
apply may be disregarded.
(7) Without limiting subsection (6), a class of minor interests referred to
in that subsection may be all, or a class of, minor interests in a licensee
that foreign persons have because of shareholding interests in Australian
companies each of which is a company whose shareholding interests in the
licensee do not exceed in amount a particular percentage of the total of the
amounts paid on all shares in the licensee.
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 orindirectly, 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 90HA
Notification of interests
SECT
90HA. (1) This section applies to a person in any of the following
circumstances:
(a) the person holds interests that amount to a prescribed interest in a
licence;
(b) the person proposes to acquire interests that, together with any other
interests already held by the person, would amount to a prescribed interest in
a licence;
(c) the person:
(i) is a foreign person as defined by section 90G; and
(ii) holds interests that result in a contravention of that
section;
(d) the person:
(i) is a foreign person as defined by section 90G; and
(ii) proposes to acquire interests that, together with any
other interests already held by the person, would result in a contravention of
that section;
(e) the person holds interests that result in a contravention of section
92JB;
(f) the person proposes to acquire interests that, together with any other
interests already held by the person, would result in a contravention of
section 92JB;
(g) the person holds interests that, if they were aggregated with interests
held or proposed to be acquired by an associate or associates of the person,
would be such that, if all the interests were held by one person, that one
person would hold a prescribed interest in a licence;
(h) the person proposes to acquire interests that, if they were aggregated
with:
(i) interests already held by the person; and
(ii) interests held or proposed to be acquired by an associate
or associates of the person;
would be such that, if all the interests were held by one person, that one
person would hold a prescribed interest in the licence;
(i) the person:
(i) is a foreign person as defined by section 90G; and
(ii) holds interests that, if they were aggregated with
interests held or proposed to be acquired by an associate or associates
(whether foreign or not) of the person, would be such that, if all the
interests were held by the first-mentioned person, they would result in a
contravention of section 90G;
(j) the person:
(i) is a foreign person as defined by section 90G; and
(ii) proposes to acquire interests that, if they were
aggregated with:
(A) interests already held by the person; and
(B) interests held or proposed to be acquired by an
associate or associates (whether foreign or not) of the person;
would be such that, if all the interests were held by the first-mentioned
person, they would result in a contravention of section 90G;
(k) the person holds interests that, if they were aggregated with interests
held or proposed to be acquired by an associate or associates of the person,
would be such that, if all the interests were held by one person, that one
person would contravene section 92JB;
(l) the person proposes to acquire interests that, if they were aggregated
with:
(i) interests already held by the person; and
(ii) interests held or proposed to be acquired by an associate
or associates of the person;
would be such that, if all the interests were held by one person, that one
person would contravene section 92JB.
(2) If this section applies to a person because of an associate or
associates of the person, this section applies equally to the associate or
associates, and references in the rest of this section to "the person" are
references to each of them.
(3) If:
(a) this section applies to a person because the person proposes to acquire
interests; and
(b) the person knows, or has reason to believe, that this section so applies
because of the proposal;
the person must lodge with the Tribunal a notice of the acquisition:
(c) at least 21 days before the acquisition takes place; or
(d) if the person becomes aware of the acquisition at a later time, but
before the acquisition takes place - as soon as practicable after becoming
aware of the acquisition.
(4) If:
(a) a person has given a notice under subsection (3) about an acquisition;
and
(b) the acquisition takes place;
person must lodge with the Tribunal a notice to that effect as soon as
practicable and, in any case, within 7 days, after the acquisition takes
place.
(5) If a person becomes aware that this section applies to the person
because the person holds an interest, the person must lodge with the Tribunal
a notice of that fact as soon as practicable and, in any case, within 7 days,
after becoming aware of that fact.
(6) A notice under subsection (3) or (5) must contain:
(a) such matters specified in subsection 90J (7CC) as are applicable; and
(b) such other matters as are prescribed.
(7) If a person has lodged a notice under subsections (3) and (4) about an
acquisition, the person is not obliged to lodge a notice under subsection (5)
about the same acquisition.
(8) If:
(a) because of a transaction that has taken place, paragraph (1) (a) applies
to a person; and
(b) the person has lodged an application about the transaction under
subsection 90J (4);
the person is not obliged to lodge a notice about that transaction under
subsection (5) of this section.
(9) If:
(a) because of a proposed transaction, paragraph (1) (b) applies to a
person; and
(b) the person lodges a notice under subsection (3) about that transaction;
and
(c) the transaction takes place; and
(d) the person lodges a notice under subsection (4) about the transaction;
then, to the extent only of the matters covered in the notice lodged under
subsection (3), the person is taken to have lodged an application under
subsection 90J (4) at the time when the transaction took place.
(10) For the purposes of this section, a person is the associate of another
person if the first person:
(a) is related to the other person by blood or marriage; or
(b) is the de facto spouse of the other person; or
(c) is related to the de facto spouse of the other person by blood or
marriage; or
(d) is, or has been, at any time during the past 5 years:
(i) a partner of the other person; or
(ii) an employee or employer of the other person; or
(iii) if the other person is a company - an officer of that
company; or
(iv) if the other person is a company holding a commercial
radio licence or a commercial television licence - the holder of interests in
that company amounting to a prescribed interest in that licence; or
(v) a legal, financial or accounting adviser or representative
on retainer to the other person or one who has acted in that capacity for the
other person on more than one occasion; or
(vi) a beneficiary under a trust of which the other person is
a trustee or a beneficiary; or
(vii) acting, or intended, accustomed or expected to act
(whether under an arrangement or understanding or not), in accordance with the
directions, instructions or wishes, or in concert with, the other person; or
(viii) if the other person is a company - a related company;
or
(ix) an associate of an associate of the other person
(including an associate of the other person by any other application or
applications of this subparagraph).
(11) For the purposes of subsection (10), a corporation is related to
another corporation if they are related bodies corporate within the meaning of
the Corporations Act 1989.
(12) Without limiting the ordinary meaning of the word "propose", for the
purposes of this section a person is taken to propose to acquire interests if
the person knows, or has reason to believe, that the person is to acquire
those interests by gift or by operation of law.
BROADCASTING ACT 1942 - SECT 90HB
Tribunal to have regard to associates
SECT
90HB. In exercising its powers under this Part in relation to a person, the
Tribunal is to have regard to the associates of that person, as defined by
section 90HA.
BROADCASTING ACT 1942 - SECT 90HC
Exempt classes of associates
SECT
90HC. (1) The Tribunal may, by notice published in the Gazette, determine
that a specified class of associates is to be disregarded for the purposes of
sections 90HA and 90HB.
(2) The Tribunal may only make such a determination if it is satisfied that
the interests that are or may be held by that class of associates are not
likely to contribute to contraventions of this Part by persons with whom they
are associated.
(3) A determination is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
BROADCASTING ACT 1942 - SECT 90J
Changes in ownership of shares etc.
(Application of section)
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.
(Interpretation)
(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.
(Party to proposed transaction acquiring interests may apply for prior
approval)
(3) A person who is a prescribed party to a proposed transaction because of
paragraph (1) (a) may lodge with the Tribunal an application for approval of
the transaction in so far as it affects the person.
(Certain persons acquiring interests must apply for approval)
(4) A person to whom this section applies in relation to a transaction
because of paragraph (1) (a), not being a person who lodged an application
about it under subsection (3), must lodge with the Tribunal an application for
approval of the transaction in so far as it affects the person.
(Applications under subsection (4))
(5) An application under subsection (4):
(a) must be lodged within 28 days after the day on which the transaction
took place; and
(b) where the person to whom the application relates is not a party to the
transaction - may be lodged on the person's behalf by a party to the
transaction.
(Party to proposed transaction increasing interests may apply for prior
approval)
(6) A person who is a prescribed party to a proposed transaction because of
paragraph (1) (b) or (c) may lodge with the Tribunal an application for
approval of the transaction in so far as it affects the party.
(Party to transaction increasing interests must give notice)
(7) A person who is a prescribed party to a transaction because of
paragraph (1) (b) or (c), not being a person who lodged an application about
it under subsection (6), must lodge with the Tribunal a notice of the
transaction within 7 days after the day on which the transaction took place.
(Non-party to transaction having interests increased must give notice)
(7A) Subject to subsection (7B), a person to whom this section applies in
relation to a transaction because of paragraph (1) (b) or (c) who is not a
party to it must lodge with the Tribunal a notice of the transaction.
(Non-application of subsection (7A))
(7B) Subsection (7A) does not apply to a transaction where a party to it:
(a) has lodged an application under subsection (3) or (6); or
(b) is required to lodge an application under subsection (4) or a notice
under subsection (7);
about the transaction.
(Notices under subsection (7A))
(7C) A notice under subsection (7A) by a person about a transaction:
(a) must be lodged within 28 days after the day on which the transaction
took place; and
(b) may be lodged on the person's behalf by a party to the transaction.
(Tribunal may direct application for approval)
(7CA) Where:
(a) an application or notice under this section (whether as in force before
or after the commencement of this subsection) about a transaction is lodged;
and
(b) the Tribunal is satisfied that:
(i) because of the transaction, a person to whom this section
applies in relation to the transaction because of paragraph (1) (b) or (c) is,
or is reasonably likely to be, in a position because of section 89JA to
exercise control of the company holding the licence to which the transaction
relates; or
(ii) because of the effect of the transaction in relation to a
person, a condition to which the licence is subject because of section 90G
might not be complied with;
the Tribunal may, within 3 months after the day on which:
(c) where all the applications and notices about the transaction were under
subsection (3) or (6) - the transaction took place; or
(d) in any other case - the last application or notice about the
transaction, other than an application under this subsection, was lodged;
direct the person to lodge with it, within 28 days after the day on which the
direction is given, an application for approval of the transaction in so far
as it affects the person, and the person must comply with the direction.
(Applications)
(7CB) An application under this section must be in a form approved by the
Tribunal.
(Contents of notices under subsection (7) or (7A))
(7CC) A notice under subsection (7) or (7A) about a transaction must give:
(a) the name of the person lodging the notice and, where the notice is
lodged on behalf of another person, the name of that other person; and
(b) the call sign of the licence affected by the transaction; and
(c) the name of the company to which the transaction relates; and
(d) the number of shares in the company that were concerned in the
transaction; and
(e) a full description of the voting rights attached to those shares; and
(f) the date of the transaction; and
(g) the name of the party to the transaction acquiring interests; and
(h) the name of the company's holding company (within the meaning of section
90LA), if any; and
(j) the last date, if any, on which the person required to lodge the notice
lodged, or had lodged on the person's behalf, an application or earlier notice
under this section (whether before or after the commencement of this
paragraph); and
(k) where a date is given under paragraph (j):
(i) particulars of any changes since the date in the issued
capital of the company to which the transaction relates and, where another
company is required to lodge the notice, the other company, including changes
in the value or voting rights of shares; and
(ii) in the case of a company required to lodge the notice -
particulars of the number and classes of shares in the company held by the
persons with the 5 largest shareholdings in the company; and
(iii) in the case of a company required to lodge the notice -
particulars of any changes since the date of the directors of, or of
directorships held by directors of, the company; and
(iv) notice of any change because of which the person required
to lodge the notice has become, or ceased to be, a foreign person.
(Extension of periods for lodging)
(7CD) Where a person is required to lodge an application or notice under
this section within a period, the Tribunal may, on the application of a
person, extend the period.
(Incorrect applications and notices not lodged)
(7CE) An application or notice is to be taken not to be lodged under this
section if it 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 because of the omission of any
matter or thing.
(Applications or notices may be combined)
(7CF) Where 2 or more applications under subsection (4), or 2 or more
notices under subsection (7A), about a transaction are lodged by the same
person, they may be combined in one document, but subsection (7CE) and the
other provisions of this Act apply in relation to the applications or notices
as if they had not been combined.
(Action by Tribunal on applications and notices)
(7D) On receipt of a notice or application lodged with the Tribunal by a
person in pursuance of this section, 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 lodged with the Tribunal until it has been so accepted.
(Offence)
(7F) A person who fails to comply with subsection (4), (7), (7A) or (7CA) 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.
(Meaning of proportion of shareholding interests)
(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.
(Meaning of proportion of voting interests)
(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.
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, by notice in writing served on
the applicant:
(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.
(3) Notwithstanding subsection (2), where, at the end of the period of 6
months beginning on the day on which an inquiry by the Tribunal into an
application for the approval of a transaction in so far as it affects a person
began, or that period as extended under subsection (3A), the Tribunal has
neither:
(a) given that approval; nor
(b) refused that approval in whole or in part;
the Tribunal is taken to have given that approval.
(3A) Subject to subsection (3B), where, during the period of 6 months
beginning on the day on which an inquiry began, or that period as previously
extended under this subsection, the Tribunal considers that it is necessary to
extend or further extend the period to a particular date to enable a matter
relevant to the inquiry to be dealt with, the Tribunal may so extend the
period.
(3B) The Tribunal must not extend the period to a date unless it gives
written reasons for the extension to that date.
(3C) Where the Tribunal:
(a) has begun an inquiry into an application for the approval of a
transaction in so far as it affects a person; and
(b) joins the inquiry with an inquiry into an application for the approval
of a later transaction in so far as it affects the person;
then, for the purposes of subsections (3) and (3A), the inquiry about the
earlier transaction is taken to have begun on the day on which it was joined
with the other inquiry.
(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 subsection 90J (3) or (6), 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 5 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 section 90J 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, 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.
(11A) Subject to subsections (11B), (11C) and (11D), the Tribunal may
extend the period of 6 months referred to in paragraph (11) (c).
(11B) If:
(a) the Tribunal refuses to approve a transaction (in whole or in part) in
so far as it affects a person because the person has failed to meet the
suitability requirements that apply to the licence; and
(b) the person applies for an extension under subsection (11A);
the following provisions have effect:
(c) an extension granted to the person under subsection (11A) is not to be
for a period longer than 6 months;
(d) the Tribunal, in determining whether or not to grant the extension, is
to have regard to:
(i) whether the person has made all reasonable efforts to
dispose of the interests to which paragraph (11) (c) applies; and
(ii) the effects that granting the extension is likely to have
on the licensee's ability to meet the suitability requirements that apply to
the licence; and
(iii) whether granting the extension is likely to have an
adverse effect on:
(A) the licensee's ability to comply with the conditions of
the licence; or
(B) the licensee's operations in providing the service
pursuant to the licence; or
(C) the selection or provision of programs broadcast
pursuant to the licence; and
(iv) if the person has been given a direction under subsection
92M (1B) in relation to the licence - any failure by the person to comply with
the direction; and
(v) any other matters that the Tribunal considers relevant.
(11C) The Tribunal may only grant an extension under subsection (11A):
(a) on an application for the extension by the person who applied for
approval under section 90J; and
(b) within the period of 6 months after the day on which the notice under
subsection (2) is served.
(11D) An extension under subsection (11A) is to be granted by written
notice served on the applicant.
(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 - SECT 90JAA
Powers of Tribunal where approval of transaction refused under
section 90JA
SECT
90JAA. (1) Where:
(a) the Tribunal refuses to approve a transaction in so far as it affects an
applicant (either in whole or in part) under subsection 90JA (2); and
(b) the Tribunal refuses to approve the transaction because the applicant
for approval failed to meet the suitability requirements that apply to the
licence;
the Tribunal may do any one or more of the following:
(c) revoke, vary or impose conditions on the licence under subsection 85 (1)
or 86 (6);
(d) give directions under subsection 92M (1B);
(e) give directions under subsection 92N (2B).
(2) The powers referred to in subsection (1) are in addition to, and are
not intended to limit, any other power that the Tribunal has to deal with the
applicant's failure.
BROADCASTING ACT 1942 - SUBDIVISION C
Subdivision C - Miscellaneous
BROADCASTING ACT 1942 - SECT 80K
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 90LA
Condition about quarterly notifications
SECT
90LA. (1) In this section:
"agreement" includes arrangement and understanding;
"holding company", in relation to a company, means another company that
would be deemed to be in a position to exercise control of the company because
of section 89K if the references in subsection 89K (1) to 15% were references
to 50%;
"quarter" means a period of 3 months ending on the last day of March, June,
September or December in any year.
(2) Subject to subsections (3) and (6), a licence is subject to a condition
that, where a person:
(a) was not in a position to exercise control of the licensee immediately
before the commencement of a quarter; but
(b) was in that position during that quarter because of a loan agreement
between the licensee and the person, or between a holding company of the
licensee and the person, or another agreement, or a practice or event, notice
of which is not required to be given under another provision of this Act;
then:
(c) the Chairman of Directors of the licensee or another director approved
by the Tribunal; and
(d) 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;
must, not later than 28 days after the end of the quarter, lodge with the
Tribunal a notice of the circumstances described in paragraphs (a) and (b).
(3) Subsection (2) does not apply to:
(a) the quarter in which this section commenced; or
(b) the next quarter.
(4) Subject to subsection (6), a licence in force in the next quarter after
the quarter in which this section commenced is subject to a condition that,
where a person:
(a) was not in a position to exercise control of the licensee immediately
before the commencement of this section or the grant of the licence, whichever
occurred last; but
(b) was in that position at the end of that next quarter because of a loan
agreement between the licensee and the person, or between a holding company of
the licensee and the person, or another agreement, or a practice or event,
notice of which is not required to be given under another provision of this
Act;
then:
(c) the Chairman of Directors of the licensee or another director approved
by the Tribunal; and
(d) 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;
must, not later than 28 days after the end of the quarter, lodge with the
Tribunal a notice of the circumstances described in paragraphs (a) and (b).
(5) The notice under subsection (2) or (4) must:
(a) give the name and address of the person in the position to exercise
control; and
(b) specify the period during which the person was in that position; and
(c) give particulars of any matter that:
(i) has a material effect on the capacity of the person to
exercise control; and
(ii) is known to the persons lodging the notice; and
(d) give particulars of the steps each of the persons lodging the notice has
taken to find out particulars of the matters referred to in paragraphs (a),
(b) and (c).
(6) A notice under subsection (2) or (4) about a person being in a position
to exercise control of a licensee is not required where:
(a) the person is deemed to be in the position because of section 89K but
would not otherwise be in the position for the purposes of this Part; or
(b) the person is in that position only because he or she is an officer or
employee of the licensee or of a holding company of the licensee; or
(c) the position arose because of a transaction about which an application
or notice has been lodged under section 90J; or
(d) the position arose because of a networking agreement (within the meaning
of Part IIIB).
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, 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 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) 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 (1) (a) or a contravention of section 92C
by virtue of subsection 92C (1);
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 a company to a
person where:
(A) the person, immediately before that day, held shares in
hat company; and
(B) the person received or receives the shares so allotted
or issued in accordance with rights of a kind enjoyed by the person in common
with other holders of shares of the same class as the shares 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 a company to a person who, immediately
before that day, held shares in that company, where that person received or
receives the shares so allotted or issued in accordance with rights of a kind
enjoyed by the person in common with the holders of shares of the same class
as the shares 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 subsection, being a
transaction 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:
(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) subject to paragraph (d), where the person lodged, or was required to
lodge, an application under section 92F about the transaction - after the end
of the period of 6 months beginning immediately after the day on which the
Tribunal gives approval, or refuses approval in whole or in part, of the
transaction in so far as it affects the person; or
(d) where:
(i) the person, not being a party to the transaction, lodged,
or was required to lodge, an application under section 92F about the
transaction; and
(ii) a party to the transaction also lodged, or was required
to lodge, such an application - after the end of the period of 6 months
beginning immediately after whichever is the later of:
(iii) the day on which the Tribunal gives approval, or refuses
approval in whole or in part, of the transaction in so far as it affects the
person; or
(iv) the day on which the Tribunal gives approval, or refuses
approval in whole or in part, of the transaction, in so far as it affects the
party; or
(e) subject to paragraph (f), where the person did not, and was not required
to, lodge an application under section 92F about the transaction - after the
end of the period of 6 months beginning immediately after the last day on
which, if paragraphs 92F (7CA) (a) and (b) applied in relation to the
transaction, a direction under subsection 92F (7CA) about the transaction
could have been given; or
(f) where:
(i) the person, not being a party to the transaction, did not,
and was not required to, lodge an application under section 92F about the
transaction; but
(ii) a party to the transaction lodged, or was required to
lodge, such an application - after the end of the period of 6 months beginning
immediately after whichever is the later of:
(iii) the last day on which, if paragraphs 92F (7CA) (a) and
(b) applied in relation to the transaction, a direction under subsection 92F
(7CA) about the transaction could have been given; or
(iv) the day on which the Tribunal gives approval, or refuses
approval in whole or in part, of the transaction in so far as it affects the
party.
(4C) Subject to subsections (4D) and (4E), the Tribunal may extend a period
of 6 months referred to in paragraph (4B) (c), (d), (e) or (f) in relation to
a contravention of this section by a person.
(4D) The Tribunal may only grant an extension under subsection (5):
(a) on the application of a person made within the period of 6 months that
is being extended; and
(b) by written notice served on the applicant.
(4E) The Tribunal must not grant an application for the extension of a
period in relation to the contravention of this section by a person unless the
Tribunal is satisfied that, within the period, the person made all reasonable
efforts to end the contravention.
(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 92CA
Foreign directors
SECT
92CA. (1) A licence is subject to a condition that, at all times while the
licence is in force, at least 80% of the directors of the company that holds
the licence must be Australian citizens.
(2) For the purposes of this Act, the condition to which a licence is
subject under subsection (1) is not contravened where:
(a) the situation arises in which less than 80% of the directors of the
company that holds the licence are Australian citizens; and
(b) the situation does not continue for longer than the period of 28 days
beginning immediately after whichever is the earlier of:
(i) the day on which the licensee became aware of the
situation; or
(ii) the day on which the licensee should have become aware of
the situation.
(3) Subject to subsections (4) and (5), the Tribunal may extend the period
in relation to a particular instance of the situation in respect of a
particular licensee.
(4) The Tribunal may only grant an extension:
(a) on the application of a person made within the period that is being
extended; and
(b) by written notice served on the applicant.
(5) The Tribunal must not grant an extension unless it is satisfied that it
is in the public interest to do so having regard to:
(a) the desirability of at least 80% of the directors of the licensee being
Australian citizens; and
(b) any other matters or circumstances that the Tribunal considers relevant.
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, other than paragraphs (2) (b) and (c),
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.
(7) For the purposes of this Act, where, because of a change of
circumstances or other event, a situation arises in which a condition to which
a licence is subject under this section is not complied with, that situation
so created is taken not to exist, and not to cause a contravention of the
condition, before the end of the period of 28 days beginning immediately after
whichever is the earlier of:
(a) the day on which the licensee became aware of the situation; or
(b) the day on which the licensee should have become aware of the situation.
(8) Subject to subsections (9) and (10), the Tribunal may extend the period
in relation to a particular event and a particular licensee.
(9) The Tribunal may only grant an extension:
(a) on the application of a person made within the period or the period as
extended earlier; and
(b) by written notice served on the applicant.
(10) The Tribunal must not grant an extension unless it is satisfied that
it is in the public interest to do so having regard to:
(a) the desirability of the condition being complied with; and
(b) any other matters or circumstances that the Tribunal considers relevant.
(11) The Tribunal must not grant an extension unless it is satisfied that
the licensee made reasonable efforts to ensure that the condition would be
complied with at the end of the period or of the period as last extended, as
the case requires.
BROADCASTING ACT 1942 - SECT 92DA
Tracing foreign interests in voting shares through series of companies
SECT
92DA. (1) In this section:
"Australian company" means a company that is not a foreign person;
"foreign person" has the same meaning as in section 92D;
"licensee" means a company holding a licence;
"minor interests" means shareholding interests in a licensee that are held
by a foreign person in accordance with subsection (2) because of the person's
shareholding interests in an Australian company whose shareholding interests
in the licensee do not exceed in amount 2% of the total of the amounts paid on
all voting shares in the licence;
"shareholding interests", in relation to a company, means shareholding
interests in respect of voting shares in the company;
"voting share", in relation to a company, means a share in the company that
carries voting rights on all questions at general meetings of the company.
(2) For the purposes of paragraph 92D (2) (b), where:
(a) a foreign person holds shareholding interests in an Australian company
(in this subsection called the "first company"); and
(b) the first company holds shareholding interests in another Australian
company (in this subsection called the "second company");
the foreign person holds shareholding interests in the second company (in
addition to any other shareholding interests) of an amount calculated using
the formula:
Inter-company interests X Actual interests
First company interests
where:
"Inter-company interests" means the amount of the first company's
shareholding interests in the second company;
"Actual interests" means the amount of the foreign person's shareholding
interests in the first company;
"First company interests" means the total of the amounts paid on all voting
shares in the first company.
(3) For the purposes of subsection (2), a foreign person's shareholding
interests in an Australian company include interests that exist because of any
other application or applications of this section.
(4) For the purposes of subsection (2), an Australian company's
shareholding interests in another Australian company include interests that
exist because of any application or applications of subsection (5).
(5) For the purposes of subsection (2), where:
(a) an Australian company (in this subsection called the "first company")
holds shareholding interests in another Australian company (in this subsection
called the "second company"); and
(b) the second company holds shareholding interests in a third Australian
company;
the first company holds shareholding interests in the third company (in
addition to any other shareholding interests) of an amount calculated using
the formula:
Inter-company interests X Actual interests
Second company interests
where:
"Inter-company interests" means the amount of the second company's
shareholding interests in the third company;
"Actual interests" means the amount of the first company's shareholding
interests in the second company;
"Second company interests" means the total of the amounts paid on all voting
shares in the second company.
(6) In finding out for the purposes of paragraph 92D (2) (b) the
shareholding interests in a licensee held by foreign persons in accordance
with subsection (2):
(a) subject to paragraph (b) - minor interests in the licensee may be
disregarded; or
(b) if the Tribunal requires the minor interests or a class of them to be
taken into account because the Tribunal suspects that, if the minor interests
or that class were taken into account, the shareholding interests in the
licensee known to be held by foreign persons would exceed in amount 20% of the
total of the amounts paid on all voting shares in the licensee - the
requirement must be complied with but any minor interests to which the
requirement does not apply may be disregarded.
(7) Without limiting subsection (6), a class of minor interests referred to
in that subsection may be all, or a class of, minor interests in a licensee
that foreign persons have because of shareholding interests in Australian
companies each of which is a company whose shareholding interests in the
licensee do not exceed in amount a particular percentage of the total of the
amounts paid on all voting shares in the licensee.
BROADCASTING ACT 1942 - SECT 92DB
Tracing foreign interests in shares through series of companies
SECT
92DB. (1) In this section:
"Australian company" means a company that is not a foreign person;
"foreign person" has the same meaning as in section 92D;
"licensee" means a company holding a licence;
"minor interests" means shareholding interests in a licensee that are held
by a foreign person in accordance with subsection (2) because of the person's
shareholding interests in an Australian company whose shareholding interests
in the licensee do not exceed in amount 2% of the total of the amounts paid on
all shares in the licensee.
(2) For the purposes of paragraph 92D (2) (c), where:
(a) a foreign person holds shareholding interests in an Australian company
(in this subsection called the "first company"); and
(b) the first company holds shareholding interests in another Australian
company (in this subsection called the "second company");
the foreign person holds shareholding interests in the second company (in
addition to any other shareholding interests) of an amount calculated using
the formula:
Inter-company interests X Actual interests
First company interests
where:
"Inter-company interests" means the amount of the first company's
shareholding interests in the second company;
"Actual interests" means the amount of the foreign person's shareholding
interests in the first company;
"First company interests" means the total of the amounts paid on all shares
in the first company.
(3) For the purposes of subsection (2), a foreign person's shareholding
interests in an Australian company include interests that exist because of any
other application or applications of this section.
(4) For the purposes of subsection (2), an Australian company's
shareholding interests in another Australian company include interests that
exist because of any application or applications of subsection (5).
(5) For the purposes of subsection (2), where:
(a) an Australian company (in this subsection called the "first company")
holds shareholding interests in another Australian company (in this subsection
called the "second company"); and
(b) the second company holds shareholding interests in a third Australian
company;
the first company holds shareholding interests in the third company (in
addition to any other shareholding interests) of an amount calculated using
the formula:
Inter-company interests X Actual interests
Second company interests
where:
"Inter-company interests" means the amount of the second company's
shareholding interests in the third company;
"Actual interests" means the amount of the first company's shareholding
interests in the second company;
"Second company interests" means the total of the amounts paid on all shares
in the second company.
(6) In finding out for the purposes of paragraph 92D (2) (c) the
shareholding interests in a licensee held by foreign persons in accordance
with subsection (2):
(a) subject to paragraph (b) - minor interests in the licensee may be
disregarded; or
(b) if the Tribunal requires the minor interests or a class of them to be
taken into account because the Tribunal suspects that, if the minor interests
or that class were taken into account, the shareholding interests in the
licensee known to be held by foreign persons would exceed in amount 20% of the
total of the amounts paid on all shares in the licensee - the requirement must
be complied with but any minor interests to which the requirement does not
apply may be disregarded.
(7) Without limiting subsection (6), a class of minor interests referred to
in that subsection may be all, or a class of, minor interests in a licensee
that foreign persons have because of shareholding interests in Australian
companies each of which is a company whose shareholding interests in the
licensee do not exceed in amount a particular percentage of the total of the
amounts paid on all shares in the licensee.
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 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 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 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 92F applies to a person.
BROADCASTING ACT 1942 - SECT 92EA
Notification of interests
SECT
92EA. (1) This section applies to a person in any of the following
circumstances:
(a) the person holds interests that amount to a prescribed interest in a
licence;
(b) the person proposes to acquire interests that, together with any other
interests already held by the person, would amount to a prescribed interest in
a licence;
(c) the person:
(i) is a foreign person as defined by section 92D; and
(ii) holds interests that result in a contravention of that
section;
(d) the person:
(i) is a foreign person as defined by section 92D; and
(ii) proposes to acquire interests that, together with any
other interests already held by the person, would result in a contravention of
that section;
(e) the person holds interests that result in a contravention of section
92JB;
(f) the person proposes to acquire interests that, together with any other
interests already held by the person, would result in a contravention of
section 92JB;
(g) the person holds interests that, if they were aggregated with interests
held or proposed to be acquired by an associate or associates of the person,
would be such that, if all the interests were held by one person, that one
person would hold a prescribed interest in a licence;
(h) the person proposes to acquire interests that, if they were aggregated
with:
(i) interests already held by the person; and
(ii) interests held or proposed to be acquired by an associate
or associates of the person;
would be such that, if all the interests were held by one person, that one
person would hold a prescribed interest in the licence;
(i) the person:
(i) is a foreign person as defined by section 92D; and
(ii) holds interests that, if they were aggregated with
interests held or proposed to be acquired by an associate or associates
(whether foreign or not) of the person, would be such that, if all the
interests were held by the first-mentioned person, they would result in a
contravention of section 92D;
(j) the person:
(i) is a foreign person as defined by section 92D; and
(ii) proposes to acquire interests that, if they were
aggregated with:
(A) interests already held by the person; and
(B) interests held or proposed to be acquired by an
associate or associates (whether foreign or not) of the person;
would be such that, if all the interests were held by the first-mentioned
person, they would result in a contravention of section 92D;
(k) the person holds interests that, if they were aggregated with interests
held or proposed to be acquired by an associate or associates of the person,
would be such that, if all the interests were held by one person, that one
person would contravene section 92JB;
(l) the person proposes to acquire interests that, if they were aggregated
with:
(i) interests already held by the person; and
(ii) interests held or proposed to be acquired by an associate
or associates of the person;
would be such that, if all the interests were held by one person, that one
person would contravene section 92JB.
(2) If this section applies to a person because of an associate or
associates of the person, this section applies equally to the associate or
associates, and references in the rest of this section to "the person" are
references to each of them.
(3) If:
(a) this section applies to a person because the person proposes to acquire
interests; and
(b) the person knows, or has reason to believe, that this section so applies
because of the proposal;
the person must lodge with the Tribunal a notice of the acquisition:
(c) at least 21 days before the acquisition takes place; or
(d) if the person becomes aware of the acquisition at a later time, but
before the acquisition takes place - as soon as practicable after becoming
aware of the acquisition.
(4) If:
(a) a person has given a notice under subsection (3) about an acquisition;
and
(b) the acquisition takes place;
the person must lodge with the Tribunal a notice to that effect as soon as
practicable and, in any case, within 7 days, after the acquisition takes
place.
(5) If a person becomes aware that this section applies to the person
because the person holds an interest, the person must lodge with the Tribunal
a notice of that fact as soon as practicable and, in any case, within 7 days,
after becoming aware of that fact.
(6) A notice under subsection (3) or (5) must contain:
(a) such matters specified in subsection 92F (7CC) as are applicable; and
(b) such other matters as are prescribed.
(7) If a person has lodged a notice under subsections (3) and (4) about an
acquisition, the person is not obliged to lodge a notice under subsection (5)
about the same acquisition.
(8) If:
(a) because of a transaction that has taken place, paragraph (1) (a) applies
to a person; and
(b) the person has lodged an application about the transaction under
subsection 92F (4);
the person is not obliged to lodge a notice about that transaction under
subsection (5) of this section.
(9) If:
(a) because of a proposed transaction, paragraph (1) (b) applies to a
person; and
(b) the person lodges a notice under subsection (3) about that transaction;
and
(c) the transaction takes place; and
(d) the person lodges a notice under subsection (4) about the transaction;
then, to the extent only of the matters covered in the notice lodged under
subsection (3), the person is taken to have lodged an application under
subsection 92F (4) at the time when the transaction took place.
(10) For the purposes of this section, a person is the associate of another
person if the first person:
(a) is related to the other person by blood or marriage; or
(b) is the de facto spouse of the other person; or
(c) is related to the de facto spouse of the other person by blood or
marriage; or
(d) is, or has been, at any time during the past 5 years:
(i) a partner of the other person; or
(ii) an employee or employer of the other person; or
(iii) if the other person is a company - an officer of that
company; or
(iv) if the other person is a company holding a commercial
radio licence or a commercial television licence - the holder of interests in
that company amounting to a prescribed interest in that licence; or
(v) a legal, financial or accounting adviser or representative
on retainer to the other person or one who has acted in that capacity for the
other person on more than one occasion; or
(vi) a beneficiary under a trust of which the other person is
a trustee or a beneficiary; or
(vii) acting, or intended, accustomed or expected to act
(whether under an arrangement or understanding or not), in accordance with the
directions, instructions or wishes, or in concert with, the other person; or
(viii) if the other person is a company - a related company;
or
(ix) an associate of an associate of the other person
(including an associate of the other person by any other application or
applications of this subparagraph).
(11) For the purposes of subsection (10), a corporation is related to
another corporation if they are related bodies corporate within the meaning of
the Corporations Act 1989.
(12) Without limiting the ordinary meaning of the word "propose", for the
purposes of this section a person is taken to propose to acquire interests if
the person knows, or has reason to believe, that the person is to acquire
those interests by gift or by operation of law.
BROADCASTING ACT 1942 - SECT 92EB
Tribunal to have regard to associates
SECT
92EB. In exercising its powers under this Part in relation to a person, the
Tribunal is to have regard to the associates of that person, as defined by
section 92EA.
BROADCASTING ACT 1942 - SECT 92EC
Exempt classes of associates
SECT
92EC. (1) The Tribunal may, by notice published in the Gazette, determine
that a specified class of associates is to be disregarded for the purposes of
sections 92EA and 92EB.
(2) The Tribunal may only make such a determination if it is satisfied that
the interests that are or may be held by that class of associates are not
likely to contribute to contraventions of this Part by persons with whom they
are associated.
(3) A determination is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
BROADCASTING ACT 1942 - SECT 92F
Changes in ownership of shares etc.
(Application of section)
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 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.
(Interpretation)
(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.
(Party to proposed transaction acquiring interests may apply for prior
approval)
(3) A person who is a prescribed party to a proposed transaction because of
paragraph (1) (a) may lodge with the Tribunal an application for approval of
the transaction in so far as it affects the person.
(Certain persons acquiring interests must apply for approval)
(4) A person to whom this section applies in relation to a transaction
because of paragraph (1) (a), not being a person who lodged an application
about it under subsection (3), must lodge with the Tribunal an application for
approval of the transaction in so far as it affects the person.
(Applications under subsection (4))
(5) An application under subsection (4):
(a) must be lodged within 28 days after the day on which the transaction
took place; and
(b) where the person to whom the application relates is not a party to the
transaction - may be lodged on the person's behalf by a party to the
transaction.
(Party to proposed transaction increasing interests may apply for prior
approval)
(6) A person who is a prescribed party to a proposed transaction because of
paragraph (1) (b) or (c) may lodge with the Tribunal an application for
approval of the transaction in so far as it affects the party.
(Party to transaction increasing interests must give notice)
(7) A person who is a prescribed party to a transaction because of
paragraph (1) (b) or (c), not being a person who lodged an application about
it under subsection (6), must lodge with the Tribunal a notice of the
transaction within 7 days after the day on which the transaction took place.
(Non-party to transaction having interests increased must give notice)
(7A) Subject to subsection (7B), a person to whom this section applies in
relation to a transaction because of paragraph (1) (b) or (c) who is not a
party to it must lodge with the Tribunal a notice of the transaction.
(Non-application of subsection (7A))
(7B) Subsection (7A) does not apply to a transaction where a party to it:
(a) has lodged an application under subsection (3) or (6); or
(b) is required to lodge an application under subsection (4) or a notice
under subsection (7);
about the transaction.
(Notices under subsection (7A))
(7C) A notice under subsection (7A) by a person about a transaction:
(a) must be lodged within 28 days after the day on which the transaction
took place; and
(b) may be lodged on the person's behalf by a party to the transaction.
(Tribunal may direct application for approval)
(7CA) Where:
(a) an application or notice under this section (whether as in force before
or after the commencement of this subsection) about a transaction is lodged;
and
(b) the Tribunal is satisfied that:
(i) because of the transaction, a person to whom this section
applies in relation to the transaction because of paragraph (1) (b) or (c) is,
or is reasonably likely to be, in a position because of section 89JA to
exercise control of the company holding the licence to which the transaction
relates; or
(ii) because of the effect of the transaction in relation to a
person, a condition to which the licence is subject because of section 92D
might not be complied with;
the Tribunal may, within 3 months after the day on which:
(c) where all the applications and notices about the transaction were under
subsection (3) or (6) - the transaction took place; or
(d) in any other case - the last application or notice about the
transaction, other than an application under this subsection, was lodged;
direct the person to lodge with it, within 28 days after the day on which the
direction was given, an application for approval of the transaction in so far
as it affects the person, and the person must comply with the direction.
(Applications)
(7CB) An application under this section must be in a form approved by the
Tribunal.
(Content of notices under subsection (7) or (7A))
(7CC) A notice under subsection (7) or (7A) about a transaction must give:
(a) the name of the person lodging the notice and, where the notice is
lodged on behalf of another person, the name of that other person; and
(b) the call sign of the licence affected by the transaction; and
(c) the name of the company to which the transaction relates; and
(d) the number of shares in the company that were concerned in the
transaction; and
(e) a full description of the voting rights attached to those shares; and
(f) the date of the transaction; and
(g) the name of the party to the transaction acquiring interests; and
(h) the name of the company's holding company (within the meaning of section
90LA), if any; and
(j) the last date, if any, on which the person required to lodge the notice
lodged, or had lodged on the person's behalf, an application or earlier notice
under this section (whether before or after the commencement of this
paragraph); and
(k) where a date is given under paragraph (j):
(i) particulars of any changes since the date in the issued
capital of the company to which the transaction relates and, where another
company is required to lodge the notice, the other company, including changes
in the value or voting rights of shares; and
(ii) in the case of a company required to lodge the notice -
particulars of the number and classes of shares in the company held by the
persons with the 5 largest shareholdings in the company; and
(iii) in the case of a company required to lodge the notice -
particulars of any changes since the date of the directors of, or of
directorships held by directors of, the company; and
(iv) notice of any change because of which the person required
to lodge the notice has become, or ceased to be, a foreign person.
(Extension of periods for lodging)
(7CD) Where a person is required to lodge an application or notice under
this section within a period, the Tribunal may, on the application of a
person, extend the period.
(Incorrect applications and notices not lodged)
(7CE) An application or notice is to be taken not to be lodged under this
section if it 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 because of the omission of any
matter or thing.
Applications or notices may be combined)
(7CF) Where 2 or more applications under subsection (4), or 2 or more
notices under subsection (7A), about a transaction are lodged by the same
person, they may be combined in one document, but subsection (7CE) and the
other provisions of this Act apply in relation to the applications or notices
as if they had not been combined.
(Action by Tribunal on applications and notices)
(7D) On receipt of a notice or application lodged with the Tribunal by a
person in pursuance of this section, 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 lodged with the Tribunal until it has been so accepted.
(Offence)
(7F) A person who fails to comply with subsection (4), (7), (7A) or (7CA) 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.
(Meaning of proportion of shareholding interests)
(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.
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, by notice in writing served on
the applicant:
(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.
(3) Notwithstanding subsection (2), where, at the end of the period of 6
months beginning on the day on which an inquiry by the Tribunal into an
application for the approval of a transaction in so far as it affects a person
began, or that period as extended under subsection (3A), the Tribunal has
neither:
(a) given that approval; nor
(b) refused that approval in whole or in part;
the Tribunal is taken to have given that approval.
(3A) Subject to subsection (3B), where, during the period of 6 months
beginning on the day on which an inquiry began, or that period as previously
extended under this subsection, the Tribunal considers that it is necessary to
extend or further extend, as the case may be, the period to a particular date
to enable a matter relevant to the inquiry to be dealt with, the Tribunal may
so extend the period.
(3B) The Tribunal must not extend the period to a date unless it gives
written reasons for the extension to that date.
(3C) Where the Tribunal:
(a) has begun an inquiry into an application for the approval of a
transaction in so far as it affects a person; and
(b) joins the inquiry with an inquiry into an application for the approval
of a later transaction in so far as it affects the person;
then, for the purposes of subsections (3) and (3A), the inquiry about the
earlier transaction is taken to have begun on the day on which it was joined
with the other inquiry.
(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 subsection 92F (3) or (6), 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 5 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, or 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 section 92F 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, the person holds shareholding interests, or 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 shareholding interests or interests.
(11A) Subject to subsections (11B), (11C) and (11D), the Tribunal may
extend the period of 6 months referred to in paragraph (11) (c).
(11B) If:
(a) the Tribunal refuses to approve a transaction (in whole or in part) in
so far as it affects a person because the person has failed to meet the
suitability requirements that apply to the licence; and
(b) the person applies for an extension under subsection (11A);
the following provisions have effect:
(c) an extension granted to the person under subsection (11A) is not to be
for a period longer than 6 months;
(d) the Tribunal, in determining whether or not to grant the extension, is
to have regard to:
(i) whether the person has made all reasonable efforts to
dispose of the interests to which paragraph (11) (c) applies; and
(ii) the effects that granting the extension is likely to have
on the licensee's ability to meet the suitability requirements that apply to
the licence; and
(iii) whether granting the extension is likely to have an
adverse effect on:
(A) the licensee's ability to comply with the conditions of
the licence; or
(B) the licensee's operations in providing the service
pursuant to the licence; or
(C) the selection or provision of programs broadcast
pursuant to the licence; and
(iv) if the person has been given a direction under subsection
92M (1B) in relation to the licence - any failure by the person to comply with
the direction; and
(v) any other matters that the Tribunal considers relevant.
(11C) The Tribunal may only grant an extension under subsection (11A):
(a) on an application for the extension by the person who applied for
approval under section 92F; and
(b) within the period of 6 months after the day on which the notice under
subsection (2) is served.
(11D) An extension under subsection (11A) is to be granted by written
notice served on the applicant.
(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 - SECT 92FAAA
Powers of Tribunal where approval of transaction refused under
section 92FAA
SECT
92FAAA. (1) Where:
(a) the Tribunal refuses to approve a transaction in so far as it affects an
applicant (either in whole or in part) under subsection 92FAA (2); and
(b) the Tribunal refuses to approve the transaction because the applicant
for approval failed to meet the suitability requirements that apply to the
licence;
the Tribunal may do any one or more of the following:
(c) revoke, vary or impose conditions on the licence under subsection 85 (1)
or 86 (6);
(d) give directions under subsection 92M (1B);
(e) give directions under subsection 92N (2B).
(2) The powers referred to in subsection (1) are in addition to, and are
not intended to limit, any other power that the Tribunal has to deal with the
applicant's failure.
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 92GA
Condition about quarterly notifications
SECT
92GA. (1) In this section, "agreement", "holding company" and "quarter"
have the same meanings as in section 90LA.
(2) Subject to subsections (3) and (6), a licence is subject to a condition
that, where a person:
(a) was not in a position to exercise control of the licensee immediately
before the commencement of a quarter; but
(b) was in that position during that quarter because of a loan agreement
between the licensee and the person, or between a holding company of the
licensee and the person, or another agreement, or a practice or event, notice
of which is not required to be given under another provision of this Act;
then:
(c) the Chairman of Directors of the licensee or another director approved
by the Tribunal; and
(d) 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;
must, not later than 28 days after the end of the quarter, lodge with the
Tribunal a notice of the circumstances described in paragraphs (a) and (b).
(3) Subsection (2) does not apply to:
(a) the quarter in which this section commenced; or
(b) the next quarter.
(4) Subject to subsection (6), a licence in force in the next quarter after
the quarter in which this section commences is subject to a condition that,
where a person:
(a) was not in a position to exercise control of the licensee immediately
before the commencement of this section or the grant of the licence, whichever
occurred last; but
(b) was in that position at the end of that next quarter because of a loan
agreement between the licensee and the person, or between a holding company of
the licensee and the person, or another agreement, or a practice or event,
notice of which is not required to be given under another provision of this
Act;
then:
(c) the Chairman of Directors of the licensee or another director approved
by the Tribunal; and
(d) 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;
must, not later than 28 days after the end of the quarter, lodge with the
Tribunal a notice of the circumstances described in paragraphs (a) and (b).
(5) The notice under subsection (2) or (4) must:
(a) give the name and address of the person in the position to exercise
control; and
(b) specify the period during which the person was in that position; and
(c) give particulars of any matter that:
(i) has a material effect on the capacity of the person to
exercise control; and
(ii) is known to the persons lodging the notice; and
(d) give particulars of the steps each of the persons lodging the notice has
taken to find out particulars of the matters referred to in paragraphs (a),
(b) and (c).
(6) A notice under subsection (2) or (4) about a person being in a position
to exercise control of a licensee is not required where:
(a) the person is deemed to be in the position because of section 89K but,
apart from being so deemed, would not be in the position for the purposes of
this Part; or
(b) the person is in that position only because he or she is an officer or
employee of the licensee or of a holding company of the licensee; or
(c) the position arose because of a transaction about which an application
or notice has been lodged under section 92F; or
(d) the position arose because of a networking agreement (within the meaning
of Part IIIB).
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 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, 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 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 (2), a person shall be taken to have a
prescribed interest in a commercial television licence if the person would
have a prescribed interest in the licence were the references in subsection
89F (2) to 15% references to 5%.
(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.
(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.
(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:
(i) a company that publishes a newspaper; or
(ii) a company that has an interest in a company that
publishes a newspaper; or
(iii) a company holding a commercial television licence; or
(iv) a company that has an interest in a company holding a
commercial television licence; 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 or
licence, as the case requires, 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 (3) in
relation to the transaction - after the day in respect of which the offence
against subsection 92JC (3), 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 subsection 92JC (3); 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 is in respect of shares in a company
described in subparagraph (12) (a) (i) or (ii) and took~`place during the
relevant transition period - the period of 6 months after the end of the
relevant transition period; or
(ii) in any other case - the period of 6 months after the
transaction takes place.
(13A) Subject to subsections (13B), (14A) and (14B), the Tribunal may extend
the period of 6 months referred to in subparagraph (13) (b) (ii) in relation
to a contravention of this section by a person.
(13B) The Tribunal may only grant an extension under subsection (13A):
(a) on an application under subsection (14); and
(b) by written notice served on the applicant in accordance with subsection
(14C).
(14) A person may apply to the Tribunal for an extension of the period
referred to in subparagraph (13) (b) (ii):
(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.
(14A) The Tribunal must not grant an application for the extension of a
period made within the period in relation to a contravention of this section
by a person unless it is satisfied that, within the period, the person made
all reasonable efforts to end the contravention.
(14B) The Tribunal must not grant an application for the extension of a
period made after the period in relation to a contravention of this section by
a person unless it is satisfied that, as soon as practicable after the person
became aware of the contravention, the person made all reasonable efforts to
end the contravention.
(14C) The notice referred to in paragraph (13B) (b) is to be served:
(a) where the application is received not less than 2 weeks before the end
of the 6 month period referred to in that subparagraph - within that 6 month
period; or
(b) in any other case - as soon as practicable.
(14D) Where, under subsection (14C), a notice allowing an extension of the
6 month period referred to in subparagraph (13) (b) (ii) is served on the
person after the end of that period:
(a) the notice is taken to have been served immediately before the end of
the period; and
(b) for the purposes of ascertaining under subsection (13) the day or days
in respect of which the person is guilty of a separate offence, there is taken
to have been no break in that period as extended by the Tribunal.
(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
television licence and finally the prescribed interest (if any) in the
commercial radio 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 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 - SECT
Division 4 - Enforcement of ownership and control and
licensing provisions in relation to 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.
(1AA) At any time the Tribunal may, by notice in writing served on a person
who is in a position to exercise control of a commercial licence, 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:
(a) the ability of the licensee to comply with the conditions of the
licence; or
(b) the operations of the licensee in providing the service pursuant to the
licence or the selection or the provision of the programs to be broadcast
pursuant to the licence.
(1AB) For the purposes of subsection (1AA), where an authorised lender
(within the meaning of section 89KB) has a loan agreement with the company
holding a commercial licence or with a company in a position to exercise
control of that company, the lender and any person in a position to exercise
control of the lender is in a position to exercise control of the licence.
(1A) Where section 86AAA or 88AA applies to a licence, the Tribunal may give
a person directions for the purposes of:
(a) enabling or requiring the licensee to meet the suitability requirements
that apply to the licence; or
(b) preventing the person from doing an act or thing that is likely to have
an adverse effect on:
(i) the licensee's ability to comply with the conditions of
the licence; or
(ii) the licensee's operations in providing the service
pursuant to the licence; or
(iii) the selection or provision of programs to be broadcast
pursuant to the licence.
(1B) Where section 90JAA or 92FAAA applies to a licence, the Tribunal may
give a person directions for the purpose of preventing the person from doing
an act or thing that is likely to have an adverse effect on:
(a) the licensee's ability to comply with the conditions of the licence; or
(b) the licensee's operations in providing the service pursuant to the
licence; or
(c) the selection or provision of programs to be broadcast pursuant to the
licence.
(1C) Without limiting subsection (1A) or (1B), directions under that
subsection may be given to:
(a) the licensee or the applicant under section 90J or 92F; or
(b) a person who is in a position to exercise control of the licence; or
(c) a person whose conduct, character or capacity gives rise to, or
contributes to, the licensee's or the applicant's failure to meet the
suitability requirements that apply to the licence; or
(d) a servant or agent of a person referred to in paragraph (a), (b) or (c);
or
(e) where a person referred to in paragraph (a), (b), (c) or (d) is a
company - a director of the company.
(1D) A direction under subsection (1A) or (1B) must be in writing and must
be served on the person to whom it is given.
(1E) A reference in subsection (1A) or (1B) to preventing a person from
doing an act or thing includes a reference to preventing a servant or agent of
the person from doing that act or thing.
(2) A person who contravenes or fails to comply with a direction served on
him under subsection (1), (1AA), (1A) or (1B) 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.
(2A) Where:
(a) section 86AAA or 88AA applies to a licence; and
(b) the Tribunal is satisfied that the holding by a person of particular
interests in a company gives rise to, or contributes to, the licensee's
failure to meet the suitability requirements that apply to the licence;
the Tribunal:
(c) may give such directions as it thinks necessary to ensure that the
person ceases, before the end of the period of 6 months commencing on the day
on which the direction is given, to hold specified interests in the company to
enable or require the licensee to meet the suitability requirements that apply
to the licence; and
(d) may give such directions as it thinks necessary to prohibit the person
from disposing of the person's interests in that company, or any interests
derived from or related to those interests, to a specified person or persons
included in a specified class of persons.
(2B) Subject to subsections (2C), (2D), (2E) and (2F) the Tribunal may
extend the period of 6 months referred to in paragraph (2A) (c).
(2C) An extension granted to the person under subsection (2B) is not to be
for a period longer than 6 months.
(2D) The Tribunal, in determining whether or not to grant an extension under
subsection (2B), is to have regard to:
(a) whether the person has made all reasonable efforts to dispose of the
interests to which paragraph (2A) (c) applies; and
(b) the effects that granting the extension is likely to have on the
licensee's ability to meet the suitability requirements that apply to the
licence; and
(c) whether granting the extension is likely to have an adverse effect on:
(i) the licensee's ability to comply with the conditions of
the licence; or
(ii) the licensee's operations in providing the service
pursuant to the licence; or
(iii) the selection or provision of programs broadcast
pursuant to the licence; and
(d) if the person has been given a direction under subsection 92M (1A) in
relation to the licence - any failure by the person to comply with the
direction; and
(e) any other matters that the Tribunal considers relevant.
(2E) The Tribunal may only grant an extension under subsection (2B):
(a) on the application of the person to whom the direction under subsection
(2A) is given; and
(b) within the period of 6 months commencing on the day on which the
direction is given.
(2F) An extension under subsection (2B) is to be granted by written notice
served on the applicant.
(2G) Where:
(a) section 90JAA or 92FAAA applies to a licence; and
(b) a person has interests referred to in paragraph 90JA (11) (c) or 92FAA
(11) (c);
the Tribunal may 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.
(3) A person who contravenes or fails to comply with a direction made under
paragraph (1) (a) or (2A) (c) 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) or
(2A) (d) or subsection (2B) 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 92NA
Tribunal may accept undertakings during inquiry
SECT
92NA. During an inquiry, the Tribunal may accept a written undertaking from
a person affected, or likely to be affected, by the inquiry about any matter
relevant to the inquiry.
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 any provision of this Part; or
(b) for the purpose of the enforcement of a direction of the Tribunal made
under section 92M or 92N.
(2) The Court may, on application by the Tribunal, at any time after the
Tribunal has opened an inquiry, make such order or orders as it thinks
necessary or expedient:
(a) for the purpose of preventing a person affected, or likely to be
affected, by the inquiry from doing any act or thing likely to have an adverse
effect on:
(i) the ability of a licensee to comply with the conditions of
its licence; or
(ii) the operations of a licensee in providing the service
pursuant to its licence or the selection or provision of the programs to be
broadcast pursuant to its licence; or
(b) for the purpose of enforcing, or preventing a breach of, an undertaking
given to the Tribunal under section 92NA.
(3) Orders may be made under subsection (1) or subsection (2) whether or not
any other proceedings have been or are to be instituted.
(4) Without limiting the generality of subsections (1) and (2), orders made
under this section may include 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) or (2).
(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 an interest under a
loan agreement.
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 a 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 IIID
PART IIID - POLITICAL BROADCASTS
BROADCASTING ACT 1942 - DIVISION 1
Division 1 - Introductory
BROADCASTING ACT 1942 - SECT 95
Application and operation
SECT
95. (1) This Part applies to a licensee whether the licence or permit held
by the licensee was granted before or after the commencement of this Part.
(2) It is the intention of the Parliament that the several provisions of
this Part should operate to the extent to which they are capable of validly
operating.
BROADCASTING ACT 1942 - DIVISION 2
Division 2 - Political advertisements, etc.
BROADCASTING ACT 1942 - SECT 95A
Certain broadcasts not prevented
SECT
95A. (1) Nothing in this Part prevents a broadcaster from broadcasting:
(a) an item of news or current affairs, or a comment on any such item; or
(b) a talkback radio program.
(2) Nothing in this Part prevents the holder of a public radio licence who
provides a service for visually handicapped persons from broadcasting any
material that he or she is permitted to broadcast under section 119AB.
(3) Nothing in this Part prevents a broadcaster from broadcasting an
advertisement for, or on behalf of, a charitable organisation if:
(a) the advertisement is aimed at promoting the objects of the organisation;
and
(b) the advertisement does not explicitly advocate voting for or against a
candidate in an election or a political party.
(4) Nothing in this Part prevents a broadcaster from broadcasting public
health matter, whether by way of advertisement or otherwise.
(5) In this section:
"charitable organisation" means a public organisation whose objects are to
benefit the public through the relief of poverty, or the advancement of
education, religion, public health or science;
"public health matter" means any matter relating to public health, other
than matter that:
(a) directly or indirectly promotes or criticises a particular public health
system; or
(b) explicitly advocates voting for or against a candidate in an election or
a political party.
BROADCASTING ACT 1942 - SECT 95B
Certain matter not to be broadcast during Commonwealth elections etc.
SECT
95B. (1) A broadcaster must not, during the election period in relation to
an election or a referendum, broadcast any matter (other than exempt matter)
for or on behalf of the government, or a government authority, of the
Commonwealth.
(2) A broadcaster must not, during the election period in relation to an
election or a referendum, broadcast a political advertisement for or on behalf
of a government, or a government authority, of a Territory.
(3) A broadcaster must not, during the election period in relation to an
election or a referendum, broadcast a political advertisement for or on behalf
of a government, or a government authority, of a State.
(4) Subject to Divisions 3 and 4, a broadcaster must not, during the
election period in relation to an election or a referendum, broadcast a
political advertisement:
(a) for or on behalf of a person other than a government or government
authority; or
(b) on his or her own behalf.
(5) Where the election concerned is a by-election, this section is taken to
apply only to broadcasting:
(a) in the case of a broadcast made as part of a broadcasting service
without a service area - to the area in which the relevant electoral district,
or any part of it, overlaps with the area in which the broadcasting service is
normally received; and
(b) in the case of a broadcast made as part of a broadcasting service with a
service area - to the area in which the relevant electoral district, or any
part of it, overlaps with the service area.
(6) In this section:
"election" means an election to the Parliament of the Commonwealth;
"political advertisement" means an advertisement that contains political
matter;
"political matter" means:
(a) matter intended or likely to affect voting in the election or referendum
concerned; or
(b) matter containing prescribed material;
but does not include exempt matter;
"prescribed material" means material containing an express or implicit
reference to, or comment on, any of the following:
(a) the election or referendum concerned;
(b) a candidate or group of candidates in that election;
(c) an issue submitted or otherwise before electors in that election;
(d) the government, the opposition, or a previous government or opposition,
of the Commonwealth;
(e) a member of the Parliament of the Commonwealth;
(f) a political party, or a branch or division of a political party.
BROADCASTING ACT 1942 - SECT 95C
Certain matter not to be broadcast during Territory elections
SECT
95C. (1) A broadcaster must not, during the election period in relation to
an election to the legislature, or to a local government authority, of a
Territory, broadcast any matter (other than exempt matter) for or on behalf of
the government, or a government authority, of that Territory.
(2) A broadcaster must not, during the election period in relation to an
election to the legislature, or to a local government authority, of a
Territory, broadcast a political advertisement for or on behalf of the
government, or a government authority, of another Territory.
(3) A broadcaster must not, during the election period in relation to an
election to the legislature, or to a local government authority, of a
Territory, broadcast a political advertisement for or on behalf of the
government, or a government authority, of the Commonwealth.
(4) A broadcaster must not, during the election period in relation to an
election to the legislature, or to a local government authority, of a
Territory, broadcast a political advertisement for or on behalf of a
government, or a government authority, of a State.
(5) Subject to Divisions 3 and 4, a broadcaster must not, during the
election period in relation to an election to the legislature, or to a local
government authority, of a Territory, broadcast a political advertisement:
(a) for or on behalf of a person other than a government or government
authority;
(b) on his or her own behalf.
(6) Where the election concerned is a by-election, this section is taken to
apply only to broadcasting:
(a) in the case of a broadcast made as part of a broadcasting service
without a service area - to the area in which the relevant electoral district,
or any part of it, overlaps with the area in which the broadcasting service is
normally received; and
(b) in the case of a broadcast made as part of a broadcasting service with a
service area - to the area in which the relevant electoral district, or any
part of it overlaps with the service area.
(7) In this section:
"political advertisement" means an advertisement containing political
matter;
"political matter" means:
(a) matter intended or likely to affect voting in the election concerned;
or
(b) matter containing prescribed material;
but does not include exempt matter;
"prescribed material" means material containing an express or implicit
reference to, or comment on, any of the following:
(a) the election concerned;
(b) a candidate or group of candidates in that election;
(c) an issue submitted or otherwise before electors in that election;
(d) the government, the opposition, or a previous government or opposition,
of the Territory in which that election is held;
(e) a member of the legislature of that Territory;
(f) a political party, or a branch or division of a political party.
BROADCASTING ACT 1942 - SECT 95D
Political advertisements not to be broadcast during State elections
SECT
95D. (1) A broadcaster must not, during the election period in relation to
an election, broadcast a political advertisement for or on behalf of the
government, or a government authority, of the Commonwealth.
(2) A broadcaster must not, during the election period in relation to an
election, broadcast a political advertisement for or on behalf of the
government, or a government authority, of a Territory.
(3) A broadcaster must not, during the election period in relation to an
election, broadcast a political advertisement for or on behalf of the
government, or a government authority, of a State.
(4) Subject to Divisions 3 and 4, a broadcaster must not, during the
election period in relation to an election, broadcast a political
advertisement:
(a) for or on behalf of a person other than a government or government
authority; or
(b) on his or her own behalf.
(5) Where the election concerned is a by-election, this section is taken to
apply only to broadcasting:
(a) in the case of a broadcast made as part of a broadcasting service
without a service area - to the area in which the relevant electoral district,
or any part of it, overlaps with the area in which the broadcasting service is
normally received; and
(b) in the case of a broadcast made as part of a broadcasting service with a
service area - to the area in which the relevant electoral district, or any
part of it overlaps with the service area.
(6) In this section, unless the contrary intention appears:
"election" means an election to a State Parliament or to a local government
authority of a State;
"political advertisement" means an advertisement containing political
matter;
"political matter" means:
(a) matter intended or likely to affect voting in the election concerned;
or
(b) matter containing prescribed material;
but does not include exempt matter;
"prescribed material" means material containing an express or implicit
reference to, or comment on, any of the following:
(a) the election concerned;
(b) a candidate or group of candidates in that election;
(c) an issue submitted or otherwise before electors in that election;
(d) the government, the opposition, or a previous government or opposition,
of the State in which that election is held;
(e) a member of the Parliament of that State;
(f) a political party, or a branch or division of a political party.
BROADCASTING ACT 1942 - SECT 95E
Some matter not to be broadcast during certain other periods
SECT
95E. (1) If, when a prescribed day in relation to the Parliament of the
Commonwealth occurs, it does not do so during the election period in relation
to an election to the Parliament, a broadcaster must not broadcast any matter
(other than exempt matter) for or on behalf of the government, or a government
authority, of the Commonwealth during the period that starts on that day and
ends immediately before the next election period starts.
(2) If, when a prescribed day in relation to the legislature of a Territory
(other than the Australian Capital Territory) occurs, it does not do so during
the election period in relation to an election to the legislature, a
broadcaster must not broadcast any matter (other than exempt matter) for or on
behalf of the government, or a government authority, of that Territory during
the period that starts on that day and ends immediately before the next
election period starts.
(3) A broadcaster must not broadcast any matter (other than exempt matter)
for or on behalf of the government, or a government authority, of the
Australian Capital Territory during the period that:
(a) starts 3 calendar months before the day on which the Legislative
Assembly for the Australian Capital Territory is next due to expire; and
(b) ends immediately before the start of the election period in relation to
the next ordinary election to the Legislative Assembly.
(4) In this section:
"election" does not include a by-election;
"prescribed day" means:
(a) in relation to the Parliament of the Commonwealth - the day that occurs
3 calendar months before the day on which the House of Representatives is next
due to expire; and
(b) in relation to the legislature of a Territory - the day that occurs 3
calendar months before the day on which the legislature is next due to expire.
BROADCASTING ACT 1942 - DIVISION 3
Division 3 - Free election broadcasting time
BROADCASTING ACT 1942 - SECT 95F
Application of Division to radio broadcasts
SECT
95F. (1) Nothing in this Division is to be treated as requiring or
permitting the Service or a licensee to broadcast an election broadcast by
radio.
(2) Nothing in this Division is to be treated as requiring the Corporation
to broadcast an election broadcast by radio other than on its metropolitan and
regional AM networks.
(3) Despite section 95G, the Corporation may broadcast by radio a broadcast
that complies with paragraphs 95G (a) to (e), inclusive, but which lasts for
longer than 1 minute, and any such broadcast is taken to be an election
broadcast for the purposes of this Division.
(4) Despite anything in this Division, the Corporation may determine the
times when it broadcasts election broadcasts by radio.
BROADCASTING ACT 1942 - SECT 95G
Election broadcasts
SECT
95G. Subject to section 95F, a broadcast made on behalf of a political
party, a candidate or a group in relation to an election is, for the purposes
of this Division, taken to be an election broadcast if, and only if:
(a) the broadcast is of an advertisement that consists of words spoken by a
single speaker (without dramatic enactment or impersonation) accompanied,
where the advertisement is televised, by a transmitted image that consists of
the head and shoulders of the speaker; and
(b) the broadcast does not include any other image, or includes a single
additional static background image only; and
(c) no other vocal sounds are included in the broadcast; and
(d) the speaker is a candidate in the election or a member of the Parliament
of the Commonwealth or a State, or of a legislature of a Territory; and
(e) if section 117 applies - the required particulars within the meaning of
that section are announced by the person who speaks the words of the
advertisement; and
(f) the broadcast lasts for:
(i) in the case of a televised broadcast - 2 minutes; and
(ii) in the case of a broadcast by radio - 1 minute; and
(g) the broadcast is made using a unit of free time allocated to the
broadcaster under section 95P.
BROADCASTING ACT 1942 - SECT 95H
Automatic grant of free time to certain parties
SECT
95H. (1) The Tribunal must, within the prescribed period in relation to an
election, grant a period of free time to each political party that:
(a) was represented by one or more members in the relevant Parliament or
legislature immediately before the end of the last sittings of that Parliament
or legislature held before the election; and
(b) is contesting the election with at least the prescribed number of
candidates.
(2) The total free time period to be granted to political parties under
subsection (1) is the period equal to 90% of the total time in respect of the
election, and the Tribunal must grant each of those parties such part of that
total free time period as it determines in accordance with the regulations.
(3) Regulations made for the purposes of subsection (2) must, so far as is
practicable, give effect to the principle that the amount of free time granted
to each party should bear the same proportion to the total free time period
mentioned in that subsection as the number of formal first preference votes
obtained by that party or its candidates at the last election to the relevant
Parliament or legislature bears to the total number of such votes obtained by
all of the parties mentioned in subsection (1) or their candidates at that
last election.
(4) In this section:
"election" means an election (other than a by-election) to:
(a) the Parliament of the Commonwealth; or
(b) the legislature of a Territory; or
(c) a State Parliament;
"total time", in relation to an election, means the total free time
available in respect of the election, being a time worked out in accordance
with the regulations.
BROADCASTING ACT 1942 - SECT 95J
Regulations for the purposes of section 95H
SECT
95J. This Part does not apply in relation to an election to the Parliament
of the Commonwealth or of a State, or in relation to an election to the
legislature of a Territory until regulations are made for the purposes of
section 95H that relate to that election.
BROADCASTING ACT 1942 - SECT 95K
Applications for grant of free time
SECT
95K. (1) The chief executive officer of a political party (other than a
political party to which section 95H applies), or any other person or group of
persons, may apply to the Tribunal for a grant of free time in relation to an
election (other than a by-election) to:
(a) the Parliament of the Commonwealth; or
(b) the legislature of a Territory; or
(c) a State Parliament.
(2) An application must be in the approved form and made in accordance with
the regulations.
BROADCASTING ACT 1942 - SECT 95L
Grant of free time on applications in relation to Senate elections
SECT
95L. (1) If, on receipt of an application by a person for a grant of free
time in relation to a Senate election, the Tribunal is satisfied that:
(a) the person is a candidate in the election; and
(b) the person was a member of the Senate immediately before the end of the
last sittings of the Senate held before the election; and
(c) the person is not a member of a political party to whom a grant of free
time has been made under section 95H;
the tribunal must grant the person a period of free time.
(2) The period to be granted to a person under this section is a period
determined by the Tribunal in accordance with the regulations, being a period
equal to not less than 5% of the total time in respect of the election nor
more than 10% of that total time.
(3) If the Tribunal is required under this section to grant a period of free
time to 2 or more persons, the Tribunal must divide the period determined
under subsection (2) between them in accordance with the regulations.
(4) In this section:
"total time" has the same meaning as in section 95H.
BROADCASTING ACT 1942 - SECT 95M
Grant of free time on other applications
SECT
95M. (1) If, on receipt of an application for the grant to a political party
of a period of free time in relation to an election, the Tribunal is satisfied
that the party has endorsed one or more candidates to contest the election,
the Tribunal may, subject to the regulations, grant the party a period of free
time determined in accordance with the regulations.
(2) If, on receipt of an application for the grant to a person or a group of
persons (other than a person or persons to whom section 95L applies) of a
period of free time in relation to an election, the Tribunal is satisfied that
the person, or each of the persons, is a candidate in the election, the
Tribunal may grant the person or group a period of free time in accordance
with the regulations.
BROADCASTING ACT 1942 - SECT 95N
Notification of grants
SECT
95N. (1) The Tribunal must, in accordance with the regulations, notify:
(a) the chief executive officer of each political party to which a period of
free time has been granted; and
(b) every other person to whom such a period has been granted;
of the period so granted.
(2) If the Tribunal refuses to grant an application under section 95L or
95M, the Tribunal must, in accordance with the regulations, notify the
applicant accordingly and specify its reasons for refusing the application.
(3) The Tribunal must cause a notice to be published in the Gazette
specifying:
(a) the political parties and persons to whom a period of free time has been
granted; and
(b) the period that has been granted to each of them.
BROADCASTING ACT 1942 - SECT 95P
Allocation to broadcasters
SECT
95P. (1) The Tribunal must divide each period of free time granted under
this Division into units of free time in accordance with the regulations.
(2) If the division of a period of free time granted to a political party,
person or group under this Division results in a number of whole units and
part of a unit, the Tribunal must, in accordance with the regulations,
distribute that part of a unit to or between any other political parties,
persons or groups granted a period of free time under this Division.
(3) The Tribunal must, in accordance with the regulations, allocate units of
free time to broadcasters.
BROADCASTING ACT 1942 - SECT 95Q
Broadcasting of election broadcasts
SECT
95Q. (1) Subject to this section, where one or more units of free time are
allocated to a broadcaster under section 95P, the broadcaster must make the
unit or units available for use in making one or more election broadcasts
during the election period for the election on behalf of the political party,
person or group to whom the time is granted.
(2) Subject to this section, the broadcaster must use the units in
accordance with the regulations and any guidelines determined by the Tribunal.
(3) A broadcaster must not make an election broadcast in relation to an
election before the close of nominations for the election.
(4) Subject to this section, a broadcaster must make, during the election
period in relation to an election, at least:
(a) in the case of an election to the Parliament of the Commonwealth - 3
election broadcasts by television on each day on which the broadcaster is
required to use units of free time allocated to it to make an election
broadcast; and
(b) in the case of an election to the legislature of a Territory - the
prescribed number of election broadcasts by television on each such day; and
(c) in the case of an election to a State Parliament - 2 election broadcasts
by television on each such day.
(5) A broadcaster who is required to make an election broadcast must do so
free of charge.
(6) A broadcaster is not required to make a unit or units of free time
available under subsection (1):
(a) if the political party, person or group to whom the time is granted
notifies the broadcaster that he, she or it does not intend to use the time;
or
(b) in the prescribed circumstances.
(7) A licensee who is required to make an election broadcast is entitled to
such additional broadcasting time, for the purpose of broadcasting other
material, as is determined in accordance with the regulations.
BROADCASTING ACT 1942 - SECT 95R
Appeals
SECT
95R. If the Tribunal makes a decision refusing an application under section
95L or 95M for the grant of free time to a political party, person or group of
persons, the party, person or persons may appeal to the Federal Court of
Australia against the decision.
BROADCASTING ACT 1942 - DIVISION 4
Division 4 - Policy launches
BROADCASTING ACT 1942 - SECT 95S
Broadcasting policy launches
SECT
95S. (1) Where:
(a) a political party has endorsed one or more candidates for the purposes
of an election to the Parliament of the Commonwealth or to a legislature of a
Territory; and
(b) the political party is represented by one or more members of that
Parliament or legislature, or was so represented during the last sittings of
the Parliament or legislature held before the election; and
(c) the party's chief executive officer, by written request, asks a
broadcaster to broadcast the party's policy launch in relation to the
election;
the broadcaster may broadcast that policy launch once during the election
period in relation to the election.
(2) Where:
(a) a political party has endorsed one or more candidates for the purposes
of an election to a State Parliament; and
(b) the political party is represented by one or more members of that
Parliament, or was so represented during the last sittings of the Parliament
held before the election; and
(c) the party's chief executive officer, by written request, asks a
broadcaster to broadcast the party's policy launch in relation to the
election;
the broadcaster may broadcast that policy launch once during the election
period in relation to the election.
(3) If a broadcaster broadcasts the policy launch of a political party in
relation to an election, the broadcaster must give a reasonable opportunity to
every other political party that:
(a) has endorsed one or more candidates for the purposes of the election;
and
(b) is represented by one or more members of the relevant Parliament, or was
so represented during the last sittings of the Parliament held before the
election;
for the broadcasting of the party's policy launch.
(4) A broadcast under this section must be made free of charge and must not
last for longer than 30 minutes.
(5) A broadcaster must not broadcast a political party's policy launch in
relation to an election more than once.
(6) A broadcaster must not broadcast a political party's policy launch in
relation to an election otherwise than under this section.
(7) This section does not prevent the broadcasting of an excerpt of
reasonable length from a political party's policy launch as part of a news
report or current affairs program even if the policy launch has been
previously broadcast under this section.
(8) In this section:
"election" does not include a by-election;
"political party" does not include a State branch or a local branch of a
political party.
BROADCASTING ACT 1942 - DIVISION 5
Division 5 - Miscellaneous
BROADCASTING ACT 1942 - SECT 95T
Tribunal to consider certain applications, complaints etc. immediately
SECT
95T. Where an application is made to the Tribunal, or the Tribunal receives
a complaint or information, about a contravention, or an alleged
contravention, of section 95B, 95C, 95D, 95E or 95S, the Tribunal must take
all reasonable steps to ensure that the application, complaint or information
is considered and dealt with immediately.
BROADCASTING ACT 1942 - SECT 95U
Powers of Federal Court of Australia
SECT
95U. (1) On application by the Tribunal, the Federal Court of Australia may
make such orders as it thinks necessary or expedient for the purpose of
preventing, or preventing a repetition of, a contravention of section 95B,
95C, 95D, 95E or 95S.
(2) An order may be made under subsection (1) whether or not any other
proceedings have been or are to be instituted.
(3) The Court may, if it thinks fit, grant an interim order pending the
determination of an application under subsection (1).
(4) In addition to its other powers under this section, the Court may:
(a) for the purpose of securing compliance with any other order under this
section, make an order directing a person to do, or not to do, a specified
act; and
(b) make such ancillary or consequential orders as the Court thinks just.
(5) The Court may, by order, rescind, vary, suspend the operation of, or
discharge an order under this section.
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 radio- communications transmitter or
additional radio-communications 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.
(3) The Tribunal must not make a determination under this section in
relation to the commencement of a service that is:
(a) provided under a licence in respect of which a notice has been given to
a person under section 83G or 83H; or
(b) authorised by a licence warrant that has been varied under subsection
89D (6) and in respect of which a notice has been given to a person under
section 83J;
unless the person has paid to the Commonwealth the amount of FM access fee
specified in the notice.
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, by
signed instrument, delegate his or her power under this section to approve the
text of an advertisement to:
(a) a medical officer of a State; or
(b) the Proprietary Medicines Association of Australia or any other body:
(i) carrying out, or associated with, research into medicines;
or
(ii) formed to represent the interests of manufacturers or
distributors of medicines.
(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.
(11) In this section, "licensee" includes the SBS.
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 or the
SBS) 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
Certain programs to be made available to licensees
SECT
113. (1) The Managing Director of the Corporation or the SBS 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 or by the SBS, as the case requires, such programs of the
Corporation or the SBS 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 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 or to the SBS, in respect of
the program made available by the Managing Director, such amount (if any) as
is agreed between the licensee and the Managing Director, or, in default of
agreement, as the Tribunal determines.
BROADCASTING ACT 1942 - SECT 113A
Corporation and the SBS may make programs available to certain licensees
SECT
113A. The Managing Director of the Corporation or of the SBS may make
available to the holder of a retransmission permit, on such terms and
conditions as are agreed upon between the Managing Director and the holder of
the permit, such programs of the Corporation or of the SBS, as the case
requires, as the Managing Director 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 entertainment
SECT
115. The Corporation, the SBS 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 117
Broadcasting of political or controversial matter
SECT
116.*2* (1) Subject to this Act, the Australian Broadcasting Corporation
Board or the Special Broadcasting Service Board may determine to what extent
and in what manner political matter or controversial matter will be broadcast
by the Corporation or by the SBS, as the case requires.
(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 (being advertisements
that the licensee would otherwise be permitted to broadcast under this Act)
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 that a licensee
is permitted to broadcast under this Act (other than the policy launch of a
political party), being 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;
"political matter" means any political matter, including the policy launch
of a political party, that the Corporation is permitted to broadcast under
this Act.
"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, the SBS or a licensee broadcasts
political matter at the request of another person, the Corporation, the SBS 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, the SBS 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 or a local
government authority of a State or Territory;
"person" includes a political party, a corporation and any other association
(whether incorporated or unincorporated); "political matter" means any
political matter, including the policy launch of a political party, that the
Corporation or licensee is permitted to broadcast under this Act;
"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 or referendum and was broadcast
during the election period in relation to the election or referendum - 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 end of the election period
in relation to the election or referendum - the day on which that election
period ends;
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, the SBS 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, the SBS 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, the SBS 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, the SBS or a licensee by virtue of subsection (2), he may
serve on the Managing Director of the Corporation or of the SBS or the
licensee, as the case requires, a notice in writing informing the Managing
Director 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
of the SBS or a licensee in pursuance of subsection (3) in respect of any
record, the Corporation, the SBS 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, the SBS 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, the SBS 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 or community promotional material (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, or material is community promotional material, 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 or material.
(3B) For the purposes of paragraph (3) (c), a sponsorship announcement:
(a) if the licence's service area overlaps a commercial radio licence's
service area - 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.
(3C) The holder of a public licence whose service area does not overlap a
commercial radio licence's service area may only broadcast sponsorship
announcements that run in total for not more than 4 minutes per hour of
broadcasting.
(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;
(gaaa) a direction by the Tribunal under subsection 92M (1A) where the
direction is given for the purposes, or for purposes that include the
purposes, of enabling or requiring the licensee concerned to meet the
suitability requirements that apply to the licence concerned;
(gaab) a direction by the Tribunal under subsection 92N (2A) or (2B);
(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, the SBS 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.*3* (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.
*3* Sections 123, 123AA and 123A are amended by sections 19-21 of the
Broadcasting Amendment Act (No. 2) 1991. Sections 19-21 provide as follows:
Licensee to keep accounts etc.
"19. Section 123 of the Principal Act is amended by omitting subsection (2)
and substituting the following subsections:
"(2) A licensee may, with the leave of the Tribunal, adopt an accounting
period which is a period of 12 months ending on a day other than 30 June.
"(2A) If a licensee adopts such an accounting period, the provisions in
paragraphs (1) (c) and (1AA) (a) apply in relation to that licensee as if:
(a) references in those provisions to the 6 months after 30 June were
references to:
(i) if the 6 months after the accounting period does not
include 31 December - the 6 months after the end of the accounting period; or
(ii) if the 6 months after the accounting period includes 31
December - the period beginning immediately after the end of the accounting
period and ending on that 31 December; and
(b) references in those provisions to the year ending on 30 June were
references to the year ending on the last day of that accounting period.
"20. After section 123 of the Principal Act the following section is
inserted:
Payment of licence fees
"123AA. (1) In this section:
'gross earnings' has the same meaning as in the Radio Licence Fees Act 1964
or the Television Licence Fees Act 1964;
'licence fee' means a fee imposed under:
(a) subsection 6 (2) of the Radio Licence Fees Act 1964; or
(b) subsection 6 (2) of the Television Licence Fees Act 1964;
'required method of calculation', in relation to the licence fee in respect
of a licence, means the application of the appropriate formula specified in
section 6 or 6A of the Radio Licence Fees Act 1964 or of the Television
Licence Fees Act 1964 to calculate the amount of the fee, having regard to the
gross earnings in respect of the licence during the period for which the
licence fee is payable.
"(2) If the holder of a licence pays what the holder intends to be an amount
of licence fee that is due and payable in respect of the licence, the licensee
must give the Tribunal details, in a form approved by the Tribunal, of the
licensee's calculation of the full amount of the licence fee using the
required method of calculation for the fee.
"(3) If:
(a) the Tribunal calculates the full amount of the licence fee that is due
and payable in respect of the licence using the required method of calculation
for the fee, having regard to the documents given to it most recently under
paragraph 123 (1) (c) in respect of the licence; and
(b) that amount calculated is not the same as the amount paid;
the Tribunal must give the licensee, as soon as practicable, a written
notice:
(c) specifying that amount calculated; and
(d) setting out details of the calculation; and
(e) if the amount paid exceeds that amount calculated, specifying the amount
of the excess; and
(f) if the amount paid is less than that amount calculated, specifying the
amount of licence fee unpaid according to the calculation; and
(g) if the Tribunal is satisfied that the licensee deliberately
miscalculated the full amount of the licence fee - stating that it is so
satisfied.
"(4) If an amount is specified in a notice because of paragraph (3) (e),
the Tribunal must, within 21 days beginning on the day on which the notice was
issued, cause that amount to be refunded to the licensee.
Penalty for unpaid licence fees
"21. Section 123A of the Principal Act is amended:
(a) by inserting in subsection (1) ', other than an amount of annual licence
fee', after 'licence fee';
(b) by inserting after subsection (1) the following subsections:
"(1A) If an amount of annual licence fee, other than an amount to which
subsection (1B) applies, remains unpaid after 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.
"(1B) If an amount of annual licence fee specified in a notice under
subsection 123AA (3) because of paragraph 123AA (3) (f) remains unpaid after
the end of 21 days beginning on the day on which the notice was issued, 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
day on which the notice was issued.
"(1C) If the notice contains a statement under paragraph 123AA (3) (g),
subsection (1B) does not apply to the amount.';
(c) by omitting subsections (5) and (6);
(d) by inserting the following definitions in subsection (7):
'annual licence fee' means a fee imposed under:
(a) subsection 6 (2) of the Radio Licence Fees Act 1964; or
(b) subsection 6 (2) of the Television Licence Fees Act 1964;
'due date', in relation to a licence fee, means the day on which the fee
becomes payable under a Fees Act;'." "Subsection 2 (2) of the Broadcasting
Amendment Act (No. 2) 1991 provides as follows:
"(2) Sections 19, 20, and 21 commence on 31 December 1992."
The amendments are not incorporated in this reprint.
BROADCASTING ACT 1942 - SECT 123AA
SECT
123AA.*3* * * * * *
*3* Sections 123, 123AA and 123A are amended by sections 19-21 of the
Broadcasting Amendment Act (No. 2) 1991. Sections 19-21 provide as follows:
Licensee to keep accounts etc.
"19. Section 123 of the Principal Act is amended by omitting subsection (2)
and substituting the following subsections:
"(2) A licensee may, with the leave of the Tribunal, adopt an accounting
period which is a period of 12 months ending on a day other than 30 June.
"(2A) If a licensee adopts such an accounting period, the provisions in
paragraphs (1) (c) and (1AA) (a) apply in relation to that licensee as if:
(a) references in those provisions to the 6 months after 30 June were
references to:
(i) if the 6 months after the accounting period does not
include 31 December - the 6 months after the end of the accounting period; or
(ii) if the 6 months after the accounting period includes 31
December - the period beginning immediately after the end of the accounting
period and ending on that 31 December; and
(b) references in those provisions to the year ending on 30 June were
references to the year ending on the last day of that accounting period.
"20. After section 123 of the Principal Act the following section is
inserted:
Payment of licence fees
"123AA. (1) In this section:
'gross earnings' has the same meaning as in the Radio Licence Fees Act 1964
or the Television Licence Fees Act 1964;
'licence fee' means a fee imposed under:
(a) subsection 6 (2) of the Radio Licence Fees Act 1964; or
(b) subsection 6 (2) of the Television Licence Fees Act 1964;
'required method of calculation', in relation to the licence fee in respect
of a licence, means the application of the appropriate formula specified in
section 6 or 6A of the Radio Licence Fees Act 1964 or of the Television
Licence Fees Act 1964 to calculate the amount of the fee, having regard to the
gross earnings in respect of the licence during the period for which the
licence fee is payable.
"(2) If the holder of a licence pays what the holder intends to be an amount
of licence fee that is due and payable in respect of the licence, the licensee
must give the Tribunal details, in a form approved by the Tribunal, of the
licensee's calculation of the full amount of the licence fee using the
required method of calculation for the fee.
"(3) If:
(a) the Tribunal calculates the full amount of the licence fee that is due
and payable in respect of the licence using the required method of calculation
for the fee, having regard to the documents given to it most recently under
paragraph 123 (1) (c) in respect of the licence; and
(b) that amount calculated is not the same as the amount paid;
the Tribunal must give the licensee, as soon as practicable, a written
notice:
(c) specifying that amount calculated; and
(d) setting out details of the calculation; and
(e) if the amount paid exceeds that amount calculated, specifying the amount
of the excess; and
(f) if the amount paid is less than that amount calculated, specifying the
amount of licence fee unpaid according to the calculation; and
(g) if the Tribunal is satisfied that the licensee deliberately
miscalculated the full amount of the licence fee - stating that it is so
satisfied.
"(4) If an amount is specified in a notice because of paragraph (3) (e),
the Tribunal must, within 21 days beginning on the day on which the notice was
issued, cause that amount to be refunded to the licensee.
Penalty for unpaid licence fees
"21. Section 123A of the Principal Act is amended:
(a) by inserting in subsection (1) ', other than an amount of annual licence
fee', after 'licence fee';
(b) by inserting after subsection (1) the following subsections:
"(1A) If an amount of annual licence fee, other than an amount to which
subsection (1B) applies, remains unpaid after 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.
"(1B) If an amount of annual licence fee specified in a notice under
subsection 123AA (3) because of paragraph 123AA (3) (f) remains unpaid after
the end of 21 days beginning on the day on which the notice was issued, 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
day on which the notice was issued.
"(1C) If the notice contains a statement under paragraph 123AA (3) (g),
subsection (1B) does not apply to the amount.';
(c) by omitting subsections (5) and (6);
(d) by inserting the following definitions in subsection (7):
'annual licence fee' means a fee imposed under:
(a) subsection 6 (2) of the Radio Licence Fees Act 1964; or
(b) subsection 6 (2) of the Television Licence Fees Act 1964;
'due date', in relation to a licence fee, means the day on which the fee
becomes payable under a Fees Act;'." "Subsection 2 (2) of the Broadcasting
Amendment Act (No. 2) 1991 provides as follows:
"(2) Sections 19, 20, and 21 commence on 31 December 1992."
The amendments are not incorporated in this reprint.
BROADCASTING ACT 1942 - SECT 123A
Penalty for unpaid licence fees
SECT
123A.*3* (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.
*3* Sections 123, 123AA and 123A are amended by sections 19-21 of the
Broadcasting Amendment Act (No. 2) 1991. Sections 19-21 provide as follows:
Licensee to keep accounts etc.
"19. Section 123 of the Principal Act is amended by omitting subsection (2)
and substituting the following subsections:
"(2) A licensee may, with the leave of the Tribunal, adopt an accounting
period which is a period of 12 months ending on a day other than 30 June.
"(2A) If a licensee adopts such an accounting period, the provisions in
paragraphs (1) (c) and (1AA) (a) apply in relation to that licensee as if:
(a) references in those provisions to the 6 months after 30 June were
references to:
(i) if the 6 months after the accounting period does not
include 31 December - the 6 months after the end of the accounting period; or
(ii) if the 6 months after the accounting period includes 31
December - the period beginning immediately after the end of the accounting
period and ending on that 31 December; and
(b) references in those provisions to the year ending on 30 June were
references to the year ending on the last day of that accounting period.
"20. After section 123 of the Principal Act the following section is
inserted:
Payment of licence fees
"123AA. (1) In this section:
'gross earnings' has the same meaning as in the Radio Licence Fees Act 1964
or the Television Licence Fees Act 1964;
'licence fee' means a fee imposed under:
(a) subsection 6 (2) of the Radio Licence Fees Act 1964; or
(b) subsection 6 (2) of the Television Licence Fees Act 1964;
'required method of calculation', in relation to the licence fee in respect
of a licence, means the application of the appropriate formula specified in
section 6 or 6A of the Radio Licence Fees Act 1964 or of the Television
Licence Fees Act 1964 to calculate the amount of the fee, having regard to the
gross earnings in respect of the licence during the period for which the
licence fee is payable.
"(2) If the holder of a licence pays what the holder intends to be an amount
of licence fee that is due and payable in respect of the licence, the licensee
must give the Tribunal details, in a form approved by the Tribunal, of the
licensee's calculation of the full amount of the licence fee using the
required method of calculation for the fee.
"(3) If:
(a) the Tribunal calculates the full amount of the licence fee that is due
and payable in respect of the licence using the required method of calculation
for the fee, having regard to the documents given to it most recently under
paragraph 123 (1) (c) in respect of the licence; and
(b) that amount calculated is not the same as the amount paid;
the Tribunal must give the licensee, as soon as practicable, a written
notice:
(c) specifying that amount calculated; and
(d) setting out details of the calculation; and
(e) if the amount paid exceeds that amount calculated, specifying the amount
of the excess; and
(f) if the amount paid is less than that amount calculated, specifying the
amount of licence fee unpaid according to the calculation; and
(g) if the Tribunal is satisfied that the licensee deliberately
miscalculated the full amount of the licence fee - stating that it is so
satisfied.
"(4) If an amount is specified in a notice because of paragraph (3) (e),
the Tribunal must, within 21 days beginning on the day on which the notice was
issued, cause that amount to be refunded to the licensee.
Penalty for unpaid licence fees
"21. Section 123A of the Principal Act is amended:
(a) by inserting in subsection (1) ', other than an amount of annual licence
fee', after 'licence fee';
(b) by inserting after subsection (1) the following subsections:
"(1A) If an amount of annual licence fee, other than an amount to which
subsection (1B) applies, remains unpaid after 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.
"(1B) If an amount of annual licence fee specified in a notice under
subsection 123AA (3) because of paragraph 123AA (3) (f) remains unpaid after
the end of 21 days beginning on the day on which the notice was issued, 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
day on which the notice was issued.
"(1C) If the notice contains a statement under paragraph 123AA (3) (g),
subsection (1B) does not apply to the amount.';
(c) by omitting subsections (5) and (6);
(d) by inserting the following definitions in subsection (7):
'annual licence fee' means a fee imposed under:
(a) subsection 6 (2) of the Radio Licence Fees Act 1964; or
(b) subsection 6 (2) of the Television Licence Fees Act 1964;
'due date', in relation to a licence fee, means the day on which the fee
becomes payable under a Fees Act;'." "Subsection 2 (2) of the Broadcasting
Amendment Act (No. 2) 1991 provides as follows:
"(2) Sections 19, 20, and 21 commence on 31 December 1992."
The amendments are not incorporated in this reprint.
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 (6) or 92F (3) or (6).
(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.
(3A) Subsection (2) does not apply to the disclosure of information, or the
production of a document, to the Trade Practices Commission or the Foreign
Investment Review Board for the purposes of enabling the Commission or the
Board, as the case may be, to carry out its functions.
(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 SBS 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 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 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 thereto authorized
in writing by the Minister shall have access at all times to any premises
controlled by the Corporation, the SBS or any licensee and may exercise full
authority over all rights and privileges possessed by the Corporation, the SBS
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.