Federal Register of Legislation - Australian Government

Primary content

A Bill for and Act to amend the law relating to broadcasting, and for other purposes.
Administered by: Broadband, Communications and the Digital Economy
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 22 Sep 2008
Introduced Senate 17 Sep 2008

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Broadcasting Legislation Amendment (Digital Radio) Bill 2008

 

No.      , 2008

 

(Broadband, Communications and the Digital Economy)

 

 

 

A Bill for an Act to amend the law relating to broadcasting, and for other purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 1

Schedule 1—Amendments                                                                                                 3

Broadcasting Services Act 1992                                                                               3

Radiocommunications Act 1992                                                                               3

 


A Bill for an Act to amend the law relating to broadcasting, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Broadcasting Legislation Amendment (Digital Radio) Act 2008.

2  Commencement

                   This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Broadcasting Services Act 1992

1  Paragraph 8AC(3)(a)

Omit “1 January 2009”, substitute “1 July 2009”.

2  Subsection 8AC(8) (paragraph (e) of the definition of metropolitan licence area)

Omit “Australia; or”, substitute “Australia.”.

3  Subsection 8AC(8) (paragraph (f) of the definition of metropolitan licence area)

Repeal the paragraph.

Radiocommunications Act 1992

4  At the end of section 109D

Add:

Issue of shares to digital community radio broadcasting representative company

             (3)  The licence is subject to the condition that, if:

                     (a)  there is a digital community radio broadcasting representative company (the representative company) for the designated BSA radio area; and

                     (b)  the representative company gives the licensee a written request under this paragraph to be issued with shares in the licensee; and

                     (c)  the request is made:

                              (i)  before the digital radio start‑up day for the designated BSA radio area; or

                             (ii)  within 12 months after the digital radio start‑up day for the designated BSA radio area; and

                     (d)  if an invitation was made to the representative company under whichever of paragraph 102C(5)(a) or 102D(5)(a) applied in relation to the formation of the licensee—no shares were issued to the representative company in connection with the invitation;

the licensee must:

                     (e)  by written notice given to the representative company, offer to issue to the representative company a number of shares in the licensee such that, if the offer were accepted, the representative company would hold two‑ninths of the shares in the licensee; and

                      (f)  ensure that the offer is made within 30 days after the licensee receives the request; and

                     (g)  keep the offer open for at least 120 days after the offer is made; and

                     (h)  ensure that the rights and restrictions (if any) attached to the shares the subject of the offer are the same as the rights and restrictions (if any) attached to the shares held by existing shareholders in the licensee; and

                      (i)  ensure that the offer price per share does not exceed the amount worked out using the formula:

                            where:

                            number of pre‑offer shares is the number of shares in the licensee (the pre‑offer shares) that were issued before the offer was made.

                            total price of pre‑offer shares is the total amount paid or payable to the licensee as consideration for the issue of the pre‑offer shares.

             (4)  The digital community radio broadcasting representative company for the designated BSA radio area is not entitled to make more than one request under subsection (3).

             (5)  For the purposes of subsection (4), disregard a request if the request does not result in compliance by the licensee with the requirements of subsection (3).

Note:       The heading to section 109D is replaced by the heading “Conditions of foundation digital radio multiplex transmitter licences”.

Note:       The following heading to subsection 109D(1) is inserted “Scope”.

Note:       The following heading to subsection 109D(2) is inserted “Ownership of shares in licensee”.

5  At the end of Division 3 of Part 3.3

Add:

113A  Constitutional safety net—issue of shares to digital community radio broadcasting representative company

             (1)  If the operation of subsection 109D(3) would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.