Federal Register of Legislation - Australian Government

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Act No. 105 of 1992 as amended, taking into account amendments up to Territories Legislation Amendment Act 2016
An Act to make transitional arrangements and consequential amendments as a result of the enactment of the Broadcasting Services Act 1992
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 07 Jul 2016
Start Date 01 Jul 2016

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992

No. 105, 1992

Compilation No. 7

Compilation date:                              1 July 2016

Includes amendments up to:            Act No. 33, 2016

Registered:                                         7 July 2016

 

About this compilation

This compilation

This is a compilation of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

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

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

3............ Interpretation—expressions used in the Broadcasting Services Act.... 1

3A......... Act does not extend to Norfolk Island................................................ 1

Part 2—Transitional provisions                                                                                    2

Division 1—Preliminary                                                                                              2

4............ Interpretation....................................................................................... 2

Division 3—Directorships and control                                                                3

17.......... Special provision for certain directorships.......................................... 3

19.......... Grandfathering of existing interests relevant to control....................... 3

25.......... Continuation of secrecy provision....................................................... 4

Endnotes                                                                                                                                      5

Endnote 1—About the endnotes                                                                              5

Endnote 2—Abbreviation key                                                                                  7

Endnote 3—Legislation history                                                                               8

Endnote 4—Amendment history                                                                           10


An Act to make transitional arrangements and consequential amendments as a result of the enactment of the Broadcasting Services Act 1992

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992.

2  Commencement

                   This Act commences on the day fixed under subsection 2(2) of the Broadcasting Services Act 1992 or on the day applicable under subsection 2(3) of that Act, as the case requires.

3  Interpretation—expressions used in the Broadcasting Services Act

                   In this Act, unless the contrary intention appears, expressions that are defined in section 6 of the Broadcasting Services Act 1992 have the same meaning when used in this Act.

3A  Act does not extend to Norfolk Island

                   This Act does not extend to Norfolk Island.

Part 2Transitional provisions

Division 1Preliminary

4  Interpretation

                   In this Part, unless the contrary intention appears:

Broadcasting Act means the Broadcasting Act 1942.

Tribunal means the Australian Broadcasting Tribunal formerly constituted under the Broadcasting Act 1942.

Division 3Directorships and control

17  Special provision for certain directorships

                   If:

                     (a)  immediately before the commencement of this Act, a person was a director of a company; and

                     (b)  the holding by the person of that directorship was not a contravention of the Broadcasting Act; and

                     (c)  apart from this section, the holding by the person of that directorship would, immediately after the commencement of this Act, be a contravention of the new Act;

the holding by the person of that directorship (including a holding on re‑election) is not a contravention of the new Act.

19  Grandfathering of existing interests relevant to control

             (1)  If:

                     (a)  a person was not, immediately before the commencement of this Act, in contravention of a provision of Part IIIBA of the Broadcasting Act because the person was taken not to be, by reason of the application of the provisions of that Part, in a position to exercise control of a former commercial radio licence, a former commercial television licence, a newspaper or a company; and

                     (b)  the person would, but for this section, be in contravention of a provision of Part 5 of the new Act on that commencement because the person would be taken to be in a position to exercise control of the corresponding commercial radio broadcasting licence or commercial television broadcasting licence, or that newspaper or company, as the case may be;

the person is not taken to be in a position to exercise control of the licence, newspaper or company, as the case may be, for the purposes of the new Act while the circumstances of that person relevant to deciding under the new Act whether that person is in a position to exercise control of that licence, newspaper or company remain unchanged.

             (2)  In this section:

corresponding commercial radio broadcasting licence, in relation to a former commercial radio licence, means the commercial radio broadcasting licence to which paragraph 5(1)(a) refers in relation to that former licence.

corresponding commercial television broadcasting licence, in relation to a former commercial television licence, means the commercial television broadcasting licence to which paragraph 5(1)(b) refers in relation to that former licence.

newspaper has the same meaning as in Part IIIBA of the Broadcasting Act.

25  Continuation of secrecy provision

             (1)  The ABA is entitled to possession of documents in the possession of the Tribunal immediately before the commencement of this Act.

             (2)  Notwithstanding the repeal of section 125 of the Broadcasting Act, that section continues to apply to:

                     (a)  former members, acting members, associate members and acting associate members of the Tribunal; and

                     (b)  former members of the staff of the Tribunal; and

                     (c)  members, acting members, associate members, acting associate members and members of the staff of the ABA in relation to documents referred to in subsection (1).

             (3)  Section 38 of the Freedom of Information Act 1982 applies to a document, or information contained in a document, to which subsection (2) relates by the application of paragraph 125(2)(a) of the Broadcasting Act


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992

105, 1992

9 July 1992

5 Oct 1992 (see s. 2 and Gazette 1992, No. GN38)

 

Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992

167, 1992

11 Dec 1992

1 July 1993

Transport and Communications Legislation Amendment Act (No. 3) 1992

216, 1992

24 Dec 1992

ss. 64–66: 24 Dec 1992

Broadcasting Services Legislation Amendment Act 1997

143, 1997

8 Oct 1997

8 Oct 1997

Broadcasting Legislation Amendment Act (No. 2) 2002

120, 2002

2 Dec 2002

Schedules 1 and 2: 30 Dec 2002
Remainder: 2 Dec 2002

Statute Law Revision Act 2006

9, 2006

23 Mar 2006

Schedule 2 (item 8): 5 Oct 1992 (s 2(1) item 25)

Statute Law Revision Act 2013

103, 2013

29 June 2013

Schedule 1 (item 29): 29 June 2013

Omnibus Repeal Day (Autumn 2014) Act 2014

109, 2014

16 Oct 2014

Sch 2 (items 184–186): 17 Oct 2014 (s 2(1) item 2)

Statute Law Revision Act (No. 2) 2015

145, 2015

12 Nov 2015

Sch 2 (items 1–3): 10 Dec 2015 (s 2(1) item 3)

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 5 (item 22): 1 July 2016 (s 2(1) item 7)

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 3A.....................................

ad No 33, 2016

Part 2

 

Division 1

 

s. 4.......................................

am. No. 167, 1992; No 109, 2014

Division 2 heading...............

rep No 145, 2015

s 5........................................

rep No 109, 2014

s 6........................................

rep No 109, 2014

s 7........................................

rep No 109, 2014

s 8........................................

rep No 109, 2014

s 9........................................

rep No 109, 2014

s. 10.....................................

am. No. 167, 1992

 

rep No 109, 2014

s 11......................................

rep No 109, 2014

s. 12.....................................

am. No. 216, 1992

 

rep No 109, 2014

s 13......................................

rep No 109, 2014

s 14......................................

rep. No. 143, 1997

s 15......................................

rep No 143, 1997

s 16......................................

rep No 109, 2014

s 18......................................

rep No 109, 2014

s 20......................................

rep No 109, 2014

Division 4 heading...............

rep No 145, 2015

s 21......................................

rep No 109, 2014

s. 22.....................................

am. No. 216, 1992

 

rep. No. 143, 1997

s 23......................................

rep No 109, 2014

s 24......................................

rep No 109, 2014

s 26......................................

rep No 109, 2014

s 27......................................

rep No 109, 2014

s 28......................................

rep No 109, 2014

s 29......................................

rep No 109, 2014

s 30......................................

rep No 109, 2014

Division 5 heading...............

rep. No. 103, 2013

Division 6

 

s. 27.....................................

am. No. 167, 1992

Part 3 heading......................

rep No 145, 2015

s. 28.....................................

am. No. 120, 2002

Schedule 1...........................

rep No 109, 2014

Schedule 2...........................

am. No. 9, 2006

 

rep No 109, 2014