قانون خدمات البث لعام 1992 (الأحكام الانتقالية والتعديلات اللاحقة)، أستراليا

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS ANDCONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105, 1992

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

Section

1. Short title

2. Commencement

3. Interpretation - expressions used in the

Broadcasting Services Act

PART 2 - TRANSITIONAL PROVISIONS

Division 1 - Preliminary

4. Interpretation

Division 2 - Licences

5. Preservation of certain licences

6. Remote Aboriginal community services

7. Terms of preserved licences

8. Licence areas of preserved licences

9. Conditions of licences

10. Authority to operate radiocommunications

transmitters

11. Applications for renewal not dealt with under

the Broadcasting Act

12. Pending applications for grant of licences

under the Broadcasting Act

13. Pending applications for grant of licences

under the Broadcasting Act for services not

requiring licences under the Broadcasting

Services Act

14. AM/FM conversion arrangements

15. Regional radio AM/FM conversion

16. Aggregation of licence areas of existing

licences in Tasmania

Division 3 - Directorships and control

17. Special provision for certain directorships

18. Periods of grace for compliance with ownership

and control provisions

19. Grandfathering of existing interests relevant

to control

20. Protection for persons having interests in

former supplementary radiolicences

Division 4 - Program standards

21. Program standards

Division 5 - Licence fees

22. Application of provisions of the Broadcasting

Act in relation to keeping accounts and unpaid

licence fees

Division 6 - Miscellaneous

23. Vesting of property, rights and liabilities of

the Australian Broadcasting Tribunal

24. Effect of directions and orders under Division

4 of Part IIIBA of the Broadcasting Act

25. Continuation of secrecy provision

26. Obligations to provide information or produce

documents under the Broadcasting Act

27. Technical standards relating to broadcasting

equipment

PART 3 - REPEALS AND CONSEQUENTIAL AMENDMENTS

28. Repeal of the Broadcasting Act

29. Other repeals

30. Consequential amendments

SCHEDULE 1

REPEALED ACTS

SCHEDULE 2

CONSEQUENTIAL AMENDMENTS

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - LONG TITLE

An Act to make transitional arrangements and

consequential amendments as a result of

the enactment of the Broadcasting Services Act 1992

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - PART 1

PART 1-PRELIMINARY

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 1

Short title

Assented to 9 July 1992

1. This Act may be cited as the Broadcasting Services (Transitional

Provisions and Consequential Amendments) Act 1992.

(Minister's second reading speech made in-

Senate on 4 June 1992

House of Representatives on 25 June 1992)

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 2

Commencement

2. 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.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 3

Interpretation - expressions used in the Broadcasting Services Act

3. 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.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - PART 2

PART 2 - TRANSITIONAL PROVISIONS

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - DIVISION 1

Division 1 - Preliminary

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 4

Interpretation

4. In this Part, unless the contrary intention appears:

"Broadcasting Act" means the Broadcasting Act 1942;

"former commercial radio licence" means a licence that was granted as a

commercial radio licence under section 81 of the Broadcasting Act and that was

in force under that Act immediately before the commencement of this Act;

"former commercial television licence" means a licence that was granted as a

commercial television licence under section 81 of the Broadcasting Act and

that was in force under that Act immediately before the commencement of this

Act;

"former limited licence" means a licence that was granted as a limited

licence under section 81 of the Broadcasting Act and that was in force under

that Act immediately before the commencement of this Act;

"former public radio licence" means a licence that was granted as a public

radio licence under section 81 of the Broadcasting Act and that was in force

under that Act immediately before the commencement of this Act;

"former remote radio licence" means a licence that was granted as a remote

radio licence under section 81 of the Broadcasting Act and that was in force

under that Act immediately before the commencement of this Act;

"former remote television licence" means a licence that was granted as a

remote television licence under section 81 of the Broadcasting Act and that

was in force under that Act immediately before the commencement of this Act;

"former retransmission permit" means a permit that was granted as a

retransmission permit under section 89DA of the Broadcasting Act and that was

in force under that Act immediately before the commencement of this Act;

"former supplementary radio licence" means a licence that was granted as a

supplementary radio licence under section 81 of the Broadcasting Act following

an application under section 82A of that Act and that was in force under that

Act immediately before the commencement of this Act;

"former term", in relation to a licence or permit granted under the

Broadcasting Act and in force immediately before the commencement of this Act,

means the period for which the licence or permit was granted under the

Broadcasting Act;

"new Act" means the Broadcasting Services Act 1992;

"Radcom Act" means the Radio Communications Act 1983;

"Tribunal" means the Australian Broadcasting Tribunal formerly constituted

under the Broadcasting Act 1942.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - DIVISION 2

Division 2 - Licences

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 5

Preservation of certain licences

5.(1) On the commencement of this Act:

(a) each former commercial radio licence continues in force as a commercial

radio broadcasting licence as if such a licence had been allocated to the

holder under Part 4 of the new Act; and

(b) each former commercial television licence continues in force as a

commercial television broadcasting licence as if such a licence had been

allocated to the holder under Part 4 of the new Act; and

(c) each former public radio licence continues in force as a community

broadcasting licence as if such a licence had been allocated to the holder

under Part 6 of the new Act; and

(d) each former remote radio licence continues in force as a commercial

radio broadcasting licence as if such a licence had been allocated to the

holder under Part 4 of the new Act; and

(e) each former remote television licence continues in force as a

commercial television broadcasting licence as if such a licence had been

allocated to the holder under Part 4 of the new Act; and

(f) each former supplementary radio licence continues in force as a

commercial radio broadcasting licence as if such a licence had been allocated

to the holder under Part 4 of the new Act.

(2) A broadcasting service provided immediately before the commencement of

this Act under a former limited licence is, for the purposes of the new Act,

taken to be an open narrowcasting service for the remainder of the former term

of the licence.

(3) A radio broadcasting service that was, immediately before the

commencement of this Act, being provided under the Broadcasting and Television

Act 1942 as in force immediately before the day fixed by Proclamation under

subsection 2(1) of the Broadcasting and Television Amendment Act 1985 is, for

the purposes of paragraph (1)(a), taken to be provided under a former

commercial radio licence.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 6

Remote Aboriginal community services

6.(1) Notwithstanding anything contained in the new Act, a broadcasting

service provided, immediately before the commencement of this Act, for remote

Aboriginal community purposes referred to in subsection 81B(7) of the

Broadcasting Act in relation to a community declared, under subsection 81B(9)

of the Broadcasting Act, to be a remote Aboriginal community is taken to be a

service provided under a community broadcasting licence.

(2) A community broadcasting licence is taken to have been granted, on that

commencement, in respect of each service to which subsection (1) applies, to:

(a) the incorporated media association representing the Aboriginal

community for which that service is provided; or

(b) if there is no such association - the incorporated community council,

however described, representing that community.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 7

Terms of preserved licences

7. Subject to any action taken under the new Act, the term of a licence to

which subsection 5(1) applies is that part of its former term which remained

at the commencement of this Act, but the licence may be renewed under the new

Act.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 8

Licence areas of preserved licences

8.(1) Subject to any action taken under the new Act and to section 15, a

licence to which subsection 5(1) applies has as its licence area the area that

was the service area of the former licence under the Broadcasting Act

immediately before the commencement of this Act.

(2) The ABA must take the licence areas referred to in subsection (1) into

account in preparing a licence area plan under section 26 of the new Act.

(3) The licence area of a licence to which subsection 5(1) applies by virtue

of subsection 5(3) is such area as the ABA, in its absolute discretion,

determines.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 9

Conditions of licences

9.(1) The conditions applicable to a licence to which subsection 5(1)

applies are:

(a) the conditions applicable to the licence under Schedule 2 of the new

Act and any additional conditions imposed by the ABA under the new Act; and

(b) in the case of a former public radio licence to which a matter referred

to in paragraph (a) of the definition of "service specification" in subsection

4 (1) of the Broadcasting Act applied immediately before the commencement of

this Act - a condition that the licensee will comply with that matter; and

(c) if:

(i) the Tribunal had, under section 81 or 85 of the Broadcasting Act,

imposed or varied a condition on the former licence; and

(ii) that condition applied to the former licence immediately before the

commencement of this Act; and

(iii) that condition is not inconsistent with the new Act or with an

additional condition imposed by the ABA under the new Act;

a condition that the licensee will comply with that condition; and

(d) if the Minister had approved an implementation plan in relation to the

licence under section 94N or 94P of the Broadcasting Act and that plan was in

force immediately before the commencement of this Act - a condition that the

licensee will comply with the plan as in force at that time.

(2) A condition referred to in paragraph (1)(b) or (c) is, for the purposes

of the new Act, taken to be a condition determined in writing by the ABA under

that Act.

(3) The Minister may vary the condition referred to in paragraph (1)(d) in

the same manner as the Minister could have varied the implementation plan

under section 94Q of the Broadcasting Act.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 10

Authority to operate radiocommunications transmitters

10.(1) A licence warrant granted under the Broadcasting Act in relation to a

former licence continued in force under subsection 5(1) ("the related

licence") continues in force as a transmitter licence under section 24B of the

Radcom Act as if such a licence had been granted under that section to the

licensee of the related licence.

(2) A transmitter licence to which subsection (1) applies is a licence to

operate and to possess a radiocommunications transmitter or transmitters for

the purpose of transmitting a broadcasting service in accordance with the

related licence.

(3) A licence warrant granted under the Broadcasting Act in relation to a

former limited licence to which subsection 5(2) applies continues in force as

a transmitter licence under section 24 of the Radcom Act as if such a licence

had been granted under that section to the licensee of the former limited

licence.

(4) A transmitter licence to which subsection (3) applies is a licence to

operate and to possess a radiocommunications transmitter or transmitters for

the purpose of transmitting the open narrowcasting service referred to in

subsection 5(2).

(5) A former retransmission permit that related to the retransmission of

programs continues in force as a transmitter licence under section 24 of the

Radcom Act as if such a licence had been granted under that section to the

holder of the former retransmission permit.

(6) A transmitter licence to which subsection (5) applies is a licence to

operate and to possess a radiocommunications transmitter or transmitters for

the purpose of transmitting the same service as was provided immediately

before the commencement of this Act under the former retransmission permit.

(7) Subject to subsection (10), the conditions of a transmitter licence

referred to in subsection (1) or (3) are:

(a) the conditions that applied to the former licence warrant under the

Broadcasting Act; and

(b) a condition that the holder of the licence must comply with the

provisions of the Radcom Act.

(8) Notwithstanding anything contained in the Radcom Act but subject to

subsection (10), the conditions of a transmitter licence referred to in

subsection (5) are:

(a) the conditions of the former retransmission permit; and

(b) a condition that the holder of the licence must comply with the

provisions of the Radcom Act.

(9) A transmitter licence to operate and to possess a radiocommunications

transmitter or transmitters for the purpose of transmitting a broadcasting

service in accordance with a community broadcasting licence referred to in

subsection 6(2) is taken to have been granted, on the commencement of this

Act, under section 24B of the Radcom Act to the incorporated body referred to

in that subsection.

(10) The Minister may, by notice in writing given to the holder of a

transmitter licence referred to in subsection (1), (3) or (5):

(a) impose one or more further conditions to which the licence is subject;

or

(b) revoke or vary any condition of the licence, other than the condition

specified in paragraph 7(b) or 8(b).

(11) The Minister must not impose a condition which is inconsistent with the

new Act or with a condition of the relevant licence or class licence under

that Act.

(12) A transmitter licence referred to in subsection (1) or (9):

(a) subject to paragraph (b), continues in force while the related licence

remains in force; and

(b) does not have effect while the related licence is suspended; and

(c) upon the transfer of the related licence, is taken to be granted to the

person to whom the related licence is transferred.

(13) Subject to any action taken under the Radcom Act:

(a) a transmitter licence referred to in subsection (3) remains in force

for the remainder of the former term of the former limited licence; and

(b) a transmitter licence referred to in subsection (5) remains in force

for the remainder of the former term of the former retransmission permit.

(14) For the purposes of the application of this section to a licence

referred to in subsection 5(3), any specifications in force in relation to

that licence under the Broadcasting Act are taken to be a licence warrant

granted under that Act.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 11

Applications for renewal not dealt with under the Broadcasting Act

11. If:

(a) before the commencement of this Act, the holder of a former licence to

which subsection 5(1) applies had made an application for renewal of the

former licence in accordance with the Broadcasting Act; and

(b) the application had not been finally dealt with before that

commencement;

the licence is taken to have been renewed under the Broadcasting Act

immediately before that commencement.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 12

Pending applications for grant of licences under the Broadcasting Act

12.(1) If:

(a) before the commencement of this Act, the Minister had published a

notice in accordance with subsection 82(1) of the Broadcasting Act inviting

applications for the grant of commercial radio licence, a public radio licence

or a remote licence; and

(b) a person had applied, in accordance with the Broadcasting Act, for the

grant of a licence referred to in the notice; and

(c) the application was pending immediately before that commencement;

the application may proceed as if:

(d) the repeal effected by section 28 had not been made; and

(e) references in the Broadcasting Act to the Tribunal were references to

the ABA.

(2) If:

(a) before the commencement of this Act, a person had applied, in

accordance with section 82A of the Broadcasting Act, for the grant of a

supplementary radio licence; and

(b) the application was pending immediately before that commencement;

the application may proceed as if:

(c) the repeal effected by section 28 had not been made; and

(d) references in the Broadcasting Act to the Tribunal were references to

the ABA.

(3) For the purposes of an application referred to in subsection (1) or

(2):

(a) all proceedings which had taken place before the Tribunal before the

commencement of this Act in respect of the application are to be regarded as

having taken place before the ABA; and

(b) a document lodged with or information provided to the Tribunal in

respect of the application is taken to have been lodged with or provided to

the ABA; and

(c) unless the ABA otherwise orders, all evidence given before the Tribunal

at an inquiry in respect of the application is taken to have been given before

the ABA.

(4) If a commercial radio licence, a public radio licence, a supplementary

radio licence or a remote licence is granted in respect of an application

referred to in subsection (1), subsection 5(1) applies in relation to that

licence as if the licence had been granted under section 81 of the

Broadcasting Act and was in force immediately before the commencement of this

Act.

(5) The ABA must not allocate a licence under section 39 of the new Act in

respect of a licence area (the "base licence area") until it has, under

subsection (1) of this section, finally dealt with any application for the

grant of a commercial radio licence in respect of a service area that would,

if the application had been made under the new Act, be a licence area that is

the same as the base licence area because of subsection 39(4) of the new Act.

(6) For the purposes of subsection (5), an application is taken to be

finally dealt with if:

(a) a licence has been granted in respect of the application; or

(b) the ABA has refused to grant a licence in respect of the application

and:

(i) no appeal is made against that decision before

the end of the period within which an appeal could be made; or

(ii) an appeal has been made within that period

and the appeal, and any subsequent appeal, has been dismissed; or

(iii) the applicant has withdrawn the application.

(7) In this section, "commercial radio licence", "inquiry", "public radio

licence", "remote licence" and "supplementary radio licence" have the same

meanings as in the Broadcasting Act.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 13

Pending applications for grant of licences under the

Broadcasting Act for services not requiring licences

under the Broadcasting Services Act

13. If:

(a) before the commencement of this Act, a person had applied, in

accordance with the Broadcasting Act, for the grant of a licence under the

Broadcasting Act; and

(b) the application was pending immediately before that commencement; and

(c) the service that was proposed to be provided under the licence is a

service referred to in paragraph 11(d), (e) or (f) of the new Act;

the person is taken to have lodged, on that commencement, an application under

the Radcom Act for a transmitter licence that relates to the proposed service.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 14

AM/FM conversion arrangements

14. If, before the commencement of this Act:

(a) the Minister had published a notice under section 89DAB of the

Broadcasting Act; and

(b) either:

(i) the period specified under paragraph

89DAB(2)(c) of that Act or any extension or further extension of that period

had not expired at that commencement; or

(ii) action under Division 1A of Part IIIB of that

Act in relation to an application under section 89DAE of that Act had not been

completed at that commencement;

Division 1A of Part IIIB of the Broadcasting Act continues to apply in

relation to that notice, or to that application, as the case may be, as if the

repeal effected by section 28 had not been made.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 15

Regional radio AM/FM conversion

15.(1) If a commercial radio licence is granted under section 12 in respect

of a non-metropolitan service area, any person who, immediately before the

commencement of this Act, held an AM commercial radio licence having the same

service area may apply to the Minister to convert that licence to an FM

licence.

(2) The application may proceed as if:

(a) the repeal effected by section 28 had not been made; and

(b) references in the Broadcasting Act to the Tribunal were references to

the ABA; and

(c) the Radio Licence Fees Act 1964 had not been amended by this Act; and

(d) references in the Broadcasting Act to the Minister converting to FM a

non-metropolitan AM commercial licence were references to the Minister

changing the conditions of the licence taken to be granted to the licensee

under section 24B of the Radcom Act.

(3) In this section, expressions that are defined in section 4 or 80 of the

Broadcasting Act have the same meaning when used in this section.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 16

Aggregation of licence areas of existing licences in Tasmania

16.(1) Upon application by a licensee who holds a former commercial

television licence in Tasmania that is continued in force under subsection

5(1), the Minister, in his or her discretion, may, by notice in writing,

direct that the licence area of the licence is an area that includes the

combined licence areas of the former commercial television licences in

Tasmania that are continued in force under subsection 5(1).

(2) If the licence area of a licence has been extended in accordance with

subsection (1), the Minister may take action under subsection 10(10) to make

any consequential changes to the conditions of the transmitter licence

relating to that licence.

(3) An application by a licensee under subsection (1) must be accompanied by

an implementation plan covering details of the stages and timetable proposed

by the licensee for the extension of services in the licence area.

(4) The Minister must not give a direction under subsection (1) in relation

to a licensee unless the Minister has approved the implementation plan

submitted by the licensee.

(5) The Minister may, with the agreement of the licensee, vary the

implementation plan submitted by the licensee.

(6) The conditions of the licence include a condition that the licensee will

comply with the implementation plan as amended from time to time.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - DIVISION 3

Division 3 - Directorships and control

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 17

Special provision for certain directorships

17. 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.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 18

Periods of grace for compliance with ownership and

control provisions

18.(1) This section applies in relation to a person who was, immediately

before the commencement of this Act, in contravention of a provision of Part

IIIBA of the Broadcasting Act and who is, by reason of the circumstances which

gave rise to that contravention, also in contravention of (2) If, in relation

to the person, a period of grace had not expired before the commencement of

this Act, the person is taken not to be in contravention of a provision of

Part 5 of the new Act by reason of the circumstances referred to in subsection

(1) until the end of that period of grace.

(3) If an application had been made by the person to the Tribunal under a

provision of Part IIIBA of the Broadcasting Act for an extension of a period

of grace and the application had not been determined by the Tribunal before

the commencement of this Act, the application may be determined by the ABA.

(4) If:

(a) the person would have been entitled to apply to the Tribunal under Part

IIIBA of the Broadcasting Act for an extension of a period of grace; and

(b) the time for making that application had not expired before the

commencement of this Act; and

(c) an application had not been made before that commencement;

the person may apply to the ABA for such an extension before the end of the

time within which such an application could have been made.

(5) The ABA has the same powers as were possessed by the Tribunal under the

Broadcasting Act to grant or to refuse an application for extension of a

period of grace.

(6) In this section, a reference to a period of grace is a reference to:

(a) a period of time specified, either directly or by reference to another

provision of the Broadcasting Act, in subsection 90(1E), paragraph 90C(5B)(c),

(d), (e) or (f), subsection 90FA(2), subsection 90G(7), paragraph

90JA(11)(c), subsection 92(4AA), paragraph 92(4B)(c), (d), (e) or (f),

paragraph 92CA(2)(b), subsection 92D(7), paragraph 92FAA(11)(c), subsection

92JB(6) or (9) or subparagraph 92JB(13)(b)(i) or (ii) of the Broadcasting Act;

or

(b) an extension of that period granted by the Tribunal before the

commencement of this Act.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 19

Grandfathering of existing interests relevant to control

19.(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.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 20

Protection for persons having interests in former

supplementary radio licences

20. If:

(a) a person was, immediately before the commencement of this Act:

(i) in a position to exercise control of a former

supplementary radio licence and the related commercial licence; or

(ii) a director of a company that held a former

supplementary radio licence or a director of a company that held the related

commercial licence; and

(b) the person retains that position or directorship after that

commencement; and

(c) subsection 5(1) applies to the former supplementary radio licence and

to the related commercial licence; and

(d) apart from this section, being in that position, or holding that

directorship, would, on the commencement of this Act, be a contravention of

Division 2 or 3 of Part 5 of the new Act;

Divisions 2 and 3 of Part 5 of the new Act do not apply to the person in

relation to the person being in that position or holding that directorship

during the period of 11 years that commenced when the former supplementary

radio licence was granted.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - DIVISION 4

Division 4 - Program standards

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 21

Program standards

21.(1) In subsection (2), a reference to a program standard is a reference

to a program standard that was in force immediately before the commencement of

this Act under paragraph 16(1)(d) of the Broadcasting Act.

(2) A program standard or a part of a program standard that related to

programs for children or the level of Australian content of programs is taken,

after that commencement, to be a standard determined by the ABA under

paragraph 122(1)(a) of the new Act.

(3) For the purposes of subsection (2), the provisions of section 114 of the

Broadcasting Act are taken to be program standards in force under the

Broadcasting Act relating to the level of Australian content of programs.

(4) The ABA may, by notice in the Gazette, determine that any other program

standards that were in force immediately before the commencement of this Act

as the result of a determination by the Tribunal under paragraph 16(1)(d) of

the Broadcasting Act have effect as program standards applicable to:

(a) commercial television broadcasting licences; or

(b) commercial radio broadcasting licences; or

(c) community broadcasting licences; or

(d) services provided under class licences;<

under Part 9 of the new Act.

(5) Determinations under subsection (4) are disallowable instruments for the

purposes of section 46A of the Acts Interpretation Act 1901.

(6) Subject to subsections (7), (8) and (9), a program standard referred to

in subsection (4) ceases to be in force at the end of 2 years after the

commencement of this Act.

(7) A program standard continued in force by subsection (4) may be varied or

revoked by the ABA as if it were a program standard determined by the ABA

under section 125 of the new Act.

(8) A program standard relating to a matter referred to in subsection (2)

ceases to be in force upon the determination by the ABA under paragraph

122(1)(a) of the new Act of a program standard relating to that matter.

(9) If a code of practice relating to a matter to which a program standard

referred to in subsection (4) relates is registered under subsection 123(4) of

the new Act in relation to a section of the broadcasting industry, the program

standard ceases to be in force in relation to that matter in relation to that

section of the industry.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - DIVISION 5

Division 5 - Licence fees

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 22

Application of provisions of the Broadcasting Act in relation to keeping accounts and unpaid licence fees

22.(1) Notwithstanding the repeal of sections 123 and 123A of the

Broadcasting Act effected by section 28, those sections continue to apply in

relation to:

(a) a commercial radio broadcasting licence referred to in paragraph

5(1)(a), (d) or (f); and

(b) a commercial television broadcasting licence referred to in paragraph

5(1)(b) or (e);

as if that repeal had not been made.

(2) In the application of sections 123 and 123A of the Broadcasting Act

under subsection (1):

(a) a reference to the Tribunal is to be read as a reference to the ABA;

and

(b) a reference in subsection 123(1AA) to a related supplementary radio

licence in relation to a commercial radio licence is to be read as a reference

to a commercial radio broadcasting licence to which paragraph 5(1)(f) applies

in relation to a commercial radio broadcasting licence to which paragraph

5(1)(a) applies; and

(c) a direction, requirement, approval or leave given by the Tribunal or a

request made by the Tribunal and in force immediately before the commencement

of this Act is to be taken to have been given or made by the ABA.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - DIVISION 6

Division 6 - Miscellaneous

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 23

Vesting of property, rights and liabilities of the Australian Broadcasting Tribunal

23. On the commencement of this Act:

(a) all property and rights of the Tribunal vest in the ABA; and

(b) all liabilities of the Tribunal become liabilities of the ABA.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 24

Effect of directions and orders under Division 4 of

Part IIIBA of the Broadcasting Act

24.(1) Any directions given by the Tribunal under Division 4 of Part IIIBA

of the Broadcasting Act ("the Part"), and any orders by the Federal Court of

Australia under that Division, in force immediately before the commencement of

this Act are, to the extent tp which the directions or orders are necessary to

ensure compliance with the new Act, enforceable as if the Part had remained in

force.

(2) The ABA has the same power to amend or revoke a direction referred to in

subsection (1) as the Tribunal would have had if the Part had remained in

force.

(3) The ABA has the same power to grant an extension of time under

subsection 92N(2B) of the Broadcasting Act as the Tribunal would have had if

the Part had remained in force.

(4) The ABA has the same power to apply to the Federal Court of Australia

for an order in respect of a direction referred to in subsection (1) as the

Tribunal would have had, and the Court has the same jurisdiction to make such

an order as the Court would have had, if the Part had remained in force.

(5) Subsection (4) applies in like manner in relation to a direction amended

by the ABA under subsection (2) as it applies in relation to a direction

referred to in subsection (1).

(6) A person who contravenes or fails to comply with a direction referred to

in subsection (1) is guilty of an offence and is punishable on conviction as

if the Part had not been repealed.

(7) A person who contravenes or fails to comply with a direction referred to

in subsection (1) as amended by the ABA under subsection (2) is guilty of an

offence and is punishable on conviction as if the Part had not been repealed

and the contravention or failure to comply was a contravention or failure to

comply with a direction referred to in subsection (1).

(8) Charges against the same person for any number of offences against

subsection (6) or (7) may be joined in the same summons if those offences

relate to doing or failing to do the same act or thing.

(9) If a person is convicted of 2 or more offences referred to in subsection

(6) or (7), 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 must not exceed the sum of the maximum penalties

that could be imposed if a penalty were imposed in respect of each offence

separately.

(10) An offence under this section may be prosecuted at any time.

(11) A prosecution for such an offence may be brought only in the Federal

Court of Australia.

(12) Jurisdiction is conferred on the Federal Court of Australia to hear and

determine prosecutions so brought.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 25

Continuation of secrecy provision

25.(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.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 26

Obligations to provide information or produce documents under the Broadcasting Act

26.(1) If:

(a) a person had, before the commencement of this Act, been required under

section 89X of the Broadcasting Act to supply information or to produce

documents to the Tribunal; and

(b) the person had not, at the commencement of this Act, complied with the

requirement; and

(c) the person has not been informed by the ABA that the ABA does not

require the information to be supplied or the documents to be produced;

the person is required to supply the information or to produce the documents,

but the supply or the production must be made to the ABA and, if the person

does not comply with the requirement, the person is to be subject to the same

penalty as the penalty to which the person would have been subject if section

89X of the Broadcasting Act had not been repealed and the person had been in

breach of that section.

(2) An order of the Federal Court of Australia under subsection 89X(3B) of

the Broadcasting Act in force at the commencement of this Act continues in

force notwithstanding the repeal of the Broadcasting Act.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 27

Technical standards relating to broadcasting equipment

27. Standards and practices referred to in paragraph 125D(1)(b) of the

Broadcasting Act that were in force immediately before the commencement of

this Act are taken to be, on that commencement, standards made by the Minister

under subsection 9(1) of the Radcom Act.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - PART 3

PART 3 - REPEALS AND CONSEQUENTIAL AMENDMENTS

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 28

Repeal of the Broadcasting Act

28.(1) The Broadcasting Act 1942 is repealed except for the following

provisions:

(a) section 1;

(b) subsection 4(1) so far as it relates to the definitions of the

following terms:

"Australia"

"election"

"election period"

"exempt matter"

"government authority"

"legislature of a Territory"

"ordinary election"

"Parliament"

"policy launch"

"political party"

"political reference"

"program"

"referendum"

"SBS"

"Senate election"

"the Corporation";

(c) subsection 4(4);

(d) section 6;

(e) Part IIID;

(f) section 134, in relation to the making of regulations for the purposes

of Part IIID.

(2) The provisions of the Broadcasting Act 1942 referred to in subsection

(1) have effect from the commencement of this Act as if:

(a) a reference to a broadcaster, other than a reference in Division 3 of

Part IIID, were a reference to a national broadcaster, the holder of a

licence, the holder of a subscription television broadcasting licence or a

person who provides a broadcasting service under a class licence; and

(b) a reference to a broadcaster in Division 3 of Part IIID were a

reference to a national broadcaster, the holder of a commercial radio

broadcasting licence, a commercial television broadcasting licence or a

community broadcasting licence; and

(c) a reference to a broadcast were a reference to a program delivered by a

broadcasting service; and

(d) a reference to a broadcasting service were a reference to a

broadcasting service specified in section 11 of the new Act, other than a

broadcasting service specified in paragraph 13(1)(c) of the new Act; and

(e) a reference to a licensee, except in relation to Division 3 of Part

IIID, were a reference to the holder of a licence under the new Act or a

licence continued in force under subsection 5(1) of this Act or a person who

provides a service under a class licence; and

(f) a reference to a licensee in relation to Division 3 of Part IIID were a

reference to the holder of a licence under the new Act or a licence continued

in force under subsection 5(1) of this Act; and

(g) a reference to a service area in relation to a broadcasting service

were a reference to the licence area of the licence under which that

broadcasting service is provided; and

(h) a reference to the Tribunal were a reference to the ABA; and

(i) a reference to section 117 of the Broadcasting Act were a reference:

(i) in relation to a broadcaster referred to in

subclause 4(1) of Part 2 of Schedule 2 of the new Act - to clause 4 of that

Part; and

(ii) in relation to the Australian Broadcasting

Corporation, to section 79A of the Australian Broadcasting Corporation Act

1983; and

(iii) in relation to the SBS, to section 70A of

the Special Broadcasting Service Act 1991; and

(j) subsection 95A(2) were omitted and the following subsection

substituted:

"(2) Nothing in this Part prevents the holder of a community radio

broadcasting licence under the Broadcasting Services Act 1992 who provides a

service for visually handicapped persons from broadcasting any material which

is permitted to be broadcast under the conditions to which that licence is

subject.".

(3) Unless the contrary intention appears, a reference in subsection (2) to

the new Act is a reference to the Broadcasting Services Act 1992.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 29

Other repeals

29. The Acts specified in Schedule 1 are repealed.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SECT 30

Consequential amendments

30. The Acts specified in Schedule 2 are amended as set out in that

Schedule.

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SCHEDULE 1

SCHEDULE 1 Section 29

REPEALED ACTS

Broadcasting (Limited Licences) Fees Act 1988

Broadcasting (Retransmission Permits and Temporary

Transmission Permits) Fees Act 1988

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)

ACT 1992 No. 105 of 1992 - SCHEDULE 2

SCHEDULE 2 Section 30

CONSEQUENTIAL AMENDMENTS

Affirmative Action (Equal Employment Opportunity

for Women) Act 1986

Subsection 3(1) (definition of "voluntary body"):

Omit paragraph (e), substitute:

"(e) the holder of a licence or a person providing a

broadcasting service under a class licence under the

Broadcasting Services Act 1992;".

Subsection 5(3):

Omit "broadcasting or televising within the meaning

of the Broadcasting Act 1942", substitute "the

provision of a broadcasting service specified in

section 11 of the Broadcasting Services Act 1992".

Australian Broadcasting Corporation Act 1983

Section 6:

Omit "public sector" (wherever occurring),

substitute "community sector".

Subsection 8(1):

Add at the end:

"; and (e) to develop codes of practice relating to

programming matters and to notify those codes to the

Australian Broadcasting Authority.".

Subsection 25(5):

Add at the end:

"; or (c) providing, or entering into an agreement or

arrangement with another person for providing,

subscription television broadcasting services under

Part 7 of the Broadcasting Services Act 1992; or

(d) providing, or entering into an agreement with

another person for providing:

(i) subscription radio broadcasting services; or

(ii) subscription radio narrowcasting services; or

(iii) subscription television narrowcasting

services; or

(iv) open narrowcasting radio services; or

(v) open narrowcasting television services;

under Part 8 of the Broadcasting Services Act 1992.".

Section 29A:

Repeal the section, substitute:

Broadcasting facilities may be made available

"29A. The Corporation may make broadcasting

facilities and staff available to a person for the

purpose of providing a broadcasting service under the

Broadcasting Services Act 1992.".

Section 30:

Repeal the section.

Section 73 (definition of "transmitting station"):

Omit paragraphs (b), (c) and (d).

Section 79:

Omit "Broadcasting Act 1942", substitute

"Broadcasting Services Act 1992".

After section 79:

Insert:

Broadcasting of political or controversial matter

"79A.(1) Subject to this Act, the Corporation may

determine to what extent and in what manner political

matter or controversial matter will be broadcast by the

Corporation.

"(2) If the Corporation broadcasts political matter

at the request of another person, the Corporation must,

immediately afterwards:

(a) if the matter was broadcast by radio - cause the

required particulars in relation to the matter to be

announced; or

(b) if the matter was 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 (5)) 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.

"(3) The Corporation must, in relation to political

matter broadcast at the request of another person, keep

a record of the name, address and occupation of the

person or, if the person is a company, the name and the

address of the principal office of the person, for the

required period and must give to the ABA any

particulars of the record that the ABA, by written

notice, requires.

"(4) For the purposes of this section, a person

authorises the broadcasting of political matter only if

the person is responsible for approval of the content

of the political matter and the decision to present it

for broadcasting.

"(5) In this section:

'election' means an election to a Parliament or a local

government authority of a State or Territory;

'election period' means:

(a) in relation to an election to the Legislative

Council of Tasmania, or an ordinary election to the

Legislative Assembly of 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 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;

'Parliament' means:

(a) the Parliament of the Commonwealth; or

(b) a State Parliament; or

(c) the legislature of a 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;

'referendum' means the submission to the electors of

a proposed law for the alteration of the Constitution,

whether or not the proposal to make the submission has

been announced;

'required particulars', in relation to a political

matter that is broadcast, means:

(a) if the broadcasting was authorised by a

political party:

(i) the name of the political party; and

(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; and

(b) if 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) 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 the

period of 2 years commencing on the day on which the

matter was broadcast:

Records of matter broadcast

"79B.(1) If the Corporation 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 must cause a record of the matter to be

made:

(a) in the case of a radio broadcast - by using a

device for recording sound; or

(b) in the case of a television broadcast - by using

a device for recording images and associated sound.

"(2) Subject to this section, the Corporation must

retain in its custody a record so made for a period of:

(a) 6 weeks from the date on which the matter was

broadcast; or

(b) if a complaint has been made about the matter -

for 70 days from the date on which the complaint was

made.

"(3) If a person considers that a record so made is

admissible in evidence in proceedings instituted, or

proposed to be instituted, in a court, being a record

that is held under subsection (2), the person may give

to the Corporation a notice in writing informing the

Corporation that the record may be required for the

purposes of the proceedings.

"(4) If such a notice is given to the Corporation in

respect of a record, the Corporation must, subject to

this section, retain the record until the proceedings

or the proposed proceedings to which the notice relates

have been finally determined.

"(5) If the proceedings are not instituted within a

period of 3 months after the notice is given to the

Corporation, subsection (4) ceases to apply to the

record at the end of that period.

"(6) The obligation imposed by this section on the

Corporation to retain a record does not apply at any

time when the record is in the custody of a court in

connection with proceedings instituted in the court.

"(7) Subsection (1) does not apply to or in relation

to proceedings of the Senate or of the House of

Representatives broadcast or re-broadcast

by the Corporation pursuant to the

Parliamentary Proceedings Broadcasting Act 1946.".

Section 80:

Insert after paragraph (d) the following paragraph:

"(da) codes of practice developed under subsection

8(1);".

Commonwealth Electoral Act 1918

Subsection 287(1) (definition of "broadcaster"):

Omit paragraph (c), substitute:

"(c) the holder of a licence under the Broadcasting

Services Act 1992; or

(d) the provider of a broadcasting service under a

class licence under that Act;".

Subsection 310(3):

Omit the subsection.

Subsection 310(4):

Omit the subsection, substitute:

"(4) A broadcaster who is required to make a return

under this section in respect of an advertisement must

retain the record made for the purpose of the relevant

provision until the end of the period of one month

commencing on the day on which the return is furnished

to the Electoral Commission.

"(5) The requirement of subsection (4) is in addition

to the requirements of the relevant provision for the

retention of such a record.

"(6) In subsections (4) and (5), 'the relevant

provision' means:

(a) in relation to the Australian Broadcasting

Corporation - section 79B of the Australian

Broadcasting Corporation Act 1983; or

(b) in relation to the Special Broadcasting Service

- section 70B of the Special Broadcasting Service Act

1991; or

(c) in any other case - clause 5 of Schedule 2 to

the Broadcasting Services Act 1992.".

Copyright Act 1968

Subsection 10(1) (definition of "the Special

Broadcasting Service"):

Omit "established by the Broadcasting Act 1942",

substitute "referred to in section 5 of the Special

Broadcasting Service Act 1991".

Paragraph 47A(11)(b) (definition of "print-handicapped

radio licence"):

Omit "the Broadcasting Act 1942, the

Radiocommunications Act 1983 or the Wireless Telegraphy

Act 1905", substitute "the Broadcasting Services Act

1992 or the Radiocommunications Act 1983".

Parliamentary Proceedings Broadcasting Act 1946

Subsection 3(1) (definition of "national broadcasting

station"):

Omit the definition, substitute:

" 'national broadcasting station' means a national

broadcasting station within the meaning of the

Australian Broadcasting Corporation Act 1983;".

Section 16:

Omit "The provisions of section 117 of the

Broadcasting Act 1942", substitute "The provisions of

sections 79A and 79B of the Australian Broadcasting

Corporation Act 1983, clauses 3, 4 and 5 of Part 2 of

Schedule 2 to the Broadcasting Services Act 1992 and

sections 70A and 70B of the Special Broadcasting

Services Act 1991".

Radio Licence Fees Act 1964

Section 3:

Omit "Broadcasting Act 1942", substitute

"Broadcasting Services Act 1992".

Subsection 4(1) (definition of "Broadcasting Act"):

Omit the definition.

Subsection 4(1) (definition of "gross earnings"):

Omit the definition, substitute:

" 'gross earnings', in respect of a licence in respect

of a period, means the gross earnings of the licensee

during that period from the broadcasting, pursuant to

the licence, of advertisements or other material;".

Subsection 4(1) (definition of "licence"):

Omit the definition, substitute:

" 'licence' means a commercial radio broadcasting

licence referred to in paragraph 5(1)(b), (d) or (f) of

the Transitional Provisions Act;".

Subsection 4(1):

Insert the following definition:

" 'Transitional Provisions Act' means the Broadcasting

Services (Transitional Provisions and Consequential

Amendments) Act 1992.".

Subsection 6(3):

Omit "Where a licensee has, in accordance with

sub-section 123(2) of the Broadcasting Act 1942, adopted an

accounting period ending on a day other than 30 June,",

substitute:

"If a licensee:

(a) had, before the commencement of the Transitional

Provisions Act, in accordance with the Broadcasting Act

1942; or

(b) has, in accordance with subsection 123(2) of the

Broadcasting Act 1942 as applied by section 22 of the

Transitional Provisions Act;

adopted an accounting period ending on a day other than

30 June,".

Radiocommunications Act 1983

Subsection 3(1) (definition of "broadcasting station"):

Omit the definition, substitute:

" 'broadcasting station' means a transmitter that is

operating for the purposes of a broadcasting services

bands licence;".

Subsection 3(1) (definition of "television station"):

Omit the definition.

Subsection 3(1) (definition of "transmitter licence"):

After "section 24" insert "or section 24B".

Subsection 3(1):

Insert the following definitions:

" 'ABA' means the Australian Broadcasting Authority

established under the Broadcasting Services Act 1992;

'broadcasting service' has the same meaning as in the

Broadcasting Services Act 1992;

'broadcasting services bands' has the same meaning as

in the Broadcasting Services Act 1992;".

Section 18:

Add at the end:

"(3) The Minister may, after consultation with the

ABA and in accordance with the spectrum plan, assign by

instrument in writing a part of the spectrum designated

as being primarily for broadcasting purposes to the ABA

for planning in accordance with Part 3 of the

Broadcasting Services Act 1992.".

After subsection 19(1):

Insert:

"(1A) Subsection (1) does not apply in relation to a

frequency band within a part of the spectrum assigned

to the ABA under subsection 18(3).".

After section 20:

Insert:

Advice by ABA

"20A. In preparing a spectrum plan or a frequency

band plan the Minister must have regard to advice

provided by the ABA in accordance with its function

under paragraph 158(a) of the Broadcasting Services Act

1992.".

After subsection 21(1):

Insert:

"(1A) The Minister must not grant a certificate under

subsection (1) in respect of a frequency within the

broadcasting services bands.".

Subsection 21(8):

Omit "Broadcasting Act 1942", substitute

"Broadcasting Services Act 1992".

Section 22 (definition of "operate"):

Omit the definition.

Subsection 24(1):

Omit "section 24A", substitute "sections 24A and

24B".

After subsection 24(1):

Insert:

"(1A) The Minister may not grant a licence under

subsection (1) to operate a radiocommunications

transmitter that uses a frequency within a part of the

spectrum assigned to the ABA under subsection 18(3)

except in accordance with a decision of the ABA under

subsection 34(1) of the Broadcasting Services Act

1992.".

After section 24A:

Insert:

Broadcasting service transmitter licence

"24B.(1) If a licence ('the related licence') is

allocated to a person:

(a) under Part 4 or 6 of the Broadcasting Services

Act 1992; or

(b) under Part 7 of the Broadcasting Services Act

1992, being a licence in respect of a service that uses

radiocommunication;

the Minister must grant to that person a transmitter

licence, in writing, to operate and to possess a

specified radiocommunications transmitter or

transmitters for the purpose of transmitting a

broadcasting service in accordance with the related

licence.

"(2) A licence under this section comes into force on

the day on which it is granted.

"(3) A licence under this section:

(a) subject to paragraph (b), continues in force

while the related licence remains in force; and

(b) does not have effect while the related licence

is suspended; and

(c) upon the transfer of the related licence, is

taken to be granted to the person to whom the related licence is transferred.

"(4) A licence under this section is subject to the

following conditions:

(a) the condition that the holder of the licence

must not operate, or permit the operation of, the

transmitter except for a purpose specified in the

licence; and

(b) the condition that the holder of the licence

must comply with the provisions of this Act; and

(c) the condition that the holder of the licence

must not operate, or permit the operation of, the

transmitter, otherwise than in accordance with any

relevant technical specifications determined by the ABA

under subsection 26(1) of the Broadcasting Services Act

1992; and

(d) the condition that the holder of the licence

must comply with guidelines developed by the ABA under

section 33 of the Broadcasting Services Act 1992; and

(e) such other conditions as are specified in the

licence.

"(5) The Minister may, by notice in writing:

(a) impose further conditions to which the licence

is subject; or

(b) revoke or vary a condition referred to in

paragraph (a) or in paragraph 4(e).

"(6) A condition specified in the licence or a

further condition imposed by the Minister must not be

inconsistent with the related licence.

"(7) Sections 25, 28 and 29 do not apply in relation

to a transmitter licence granted under subsection

(1).".

After section 25:

Insert the following section:

Conditions relating to interference

"25A. The conditions that may be specified in a

licence under paragraph 24B(4)(e) or 25(1)(k) include:

(a) a condition requiring the holder of the licence

to place advertisements, in a manner specified in the

condition, asking members of the public to contact the

holder if they believe that the operation of the

transmitter is causing interference to other services;

and

(b) if the operation of the transmitter is causing

interference to other services - a condition requiring

the holder, at the holder's own expense, to adjust, or

fit devices to, receivers in order to eliminate or

minimise that interference.".

After subsection 25(8):

Insert:

"(8A) The conditions that may be specified in a

licence under paragraph (1)(k) include:

(a) a condition requiring the holder of the licence

to place advertisements, in a manner specified in the

condition, asking members of the public to contact the

holder if they believe that the operation of the

transmitter is causing interference to other services;

and

(b) if the operation of the transmitter is causing

interference to other services - a condition requiring

the holder, at the holder's own expense, to adjust, or

fit devices to, receivers in order to eliminate or

minimise that interference.".

Subsection 28(1):

Omit "The Minister", substitute "Subject to section

24B, the Minister".

Subsection 29(1):

Omit "The Minister", substitute "Subject to section

24B, the Minister".

Section 36 (definition of "operate"):

Omit "for the purpose of radio or television

reception", substitute "for the purpose only of

reception of programs delivered by a broadcasting

service".

Section 36 (definition of "radio or television

reception"):

Omit the definition.

Section 36 (definition of "receiver"):

Omit "radio or television reception", substitute

"reception of programs delivered by a broadcasting

service".

Subsection 41(3):

Omit "or a television station" and "or television

station".

Subsection 55(2):

(a) Omit "or a television station" (wherever

occurring).

(b) Omit "(including a matter relating to the grant,

renewal, suspension or revocation of a licence or

permit under the Broadcasting Act 1942)".

(c) Omit "intended for reception by the general

public" (wherever occurring), substitute "delivered by

a broadcasting service".

Section 89:

Repeal the section, substitute:

Operation of this Act in relation to Broadcasting

Services Act

"89. Regulations under this Act have effect

notwithstanding any regulation made under the

Broadcasting Services Act 1992 but this Act is not

intended to limit or exclude the operation of any

regulation made under the Broadcasting Services Act

1992 to the extent that the regulation is capable of

operating concurrently with this Act and with

regulations under this Act.".

After section 92:

Insert:

Minister may determine allocation system

"92A.(1) The Minister may determine in writing a

price-based allocation system for granting licences of

a kind identified in the regulations.

"(2) The system so determined:

(a) subject to paragraph (b), may apply generally or

in respect of a particular area or frequency; and

(b) does not apply to a frequency within a part of

the spectrum assigned to the ABA under subsection 18(3)

except in accordance with a decision of the ABA under

subsection 34(1) of the Broadcasting Services Act 1992;

and

(c) may require an application fee.

"(3) If a licence is granted in accordance with a

system so determined, the Minister must publish in the

Gazette the name of the successful applicant and the

amount that the applicant agreed to pay to the

Commonwealth for the grant of the licence.".

Referendum (Machinery Provisions) Act 1984

Section 110 (paragraph (c) of the definition of

"broadcaster"):

Omit the paragraph, substitute:

"(c) the holder of a licence under the Broadcasting

Services Act 1992; or

(d) the provider of a broadcasting service under a

class licence under that Act;".

Subsection 111(3):

Omit the subsection.

Subsection 111(4):

Omit the subsection, substitute:

"(4) A broadcaster who is required to make a return

under this section in respect of an advertisement must

retain the record made for the purpose of the relevant

provision until the end of the period of one month

commencing on the day on which the return is furnished

to the Electoral Commission.

"(5) The requirement of subsection (4) is in addition

to the requirements of the relevant provision for the

retention of such a record.

"(6) In subsections (4) and (5), 'the relevant

provision' means:

(a) in relation to the Australian Broadcasting

Corporation, section 79B of the Australian Broadcasting

Corporation Act 1983; or

(b) in relation to the Special Broadcasting Service,

section 70B of the Special Broadcasting Service Act

1991; or

(c) in any other case - clause 5 of Schedule 2 to

the Broadcasting Services Act 1992.".

Sea Installations Act 1987

Schedule:

Omit "Broadcasting Act 1942", substitute

"Broadcasting Services Act 1992".

Special Broadcasting Service Act 1991

Paragraph 6(2)(g):

Omit "public", substitute "community".

Subsection 10(1):

Add at the end:

"; and (j) to develop codes of practice relating to

programming matters and to notify those codes to the

Australian Broadcasting Authority.".

Subsection 45(7):

Omit the subsection.

Section 70:

Omit "Broadcasting Act 1942", substitute

"Broadcasting Services Act 1992".

After section 70:

Insert:

Broadcasting of political or controversial matter

"70A.(1) Subject to this Act, the SBS may determine

to what extent and in what manner political matter or

controversial matter will be broadcast by the SBS.

"(2) If the SBS broadcasts political matter at the

request of another person, the SBS must, immediately

afterwards:

(a) if the matter was broadcast by radio - cause the

required particulars in relation to the matter to be

announced; or

(b) if the matter was 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 (5)) 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.

"(3) The SBS must, in relation to political matter

broadcast at the request of another person, keep a

record of the name, address and occupation of the

person or, if the person is a company, the name and the

address of the principal office of the person, for the

required period and must give to the ABA any

particulars of the record that the ABA, by written

notice, requires.

"(4) For the purposes of this section, a person

authorises the broadcasting of political matter only if

the person is responsible for approval of the content

of the political matter and the decision to present it

for broadcasting.

"(5) In this section:

'election' means an election to a Parliament or a

local government authority of a State or Territory;

'election period' means:

(a) in relation to an election to the Legislative

Council of Tasmania, or an ordinary election to the

Legislative Assembly of 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 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;

'Parliament' means:

(a) the Parliament of the Commonwealth; or

(b) a State Parliament; or

(c) the legislature of a 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;

'referendum' means the submission to the electors of

a proposed law for the alteration of the Constitution,

whether or not the proposal to make the submission has

been announced;

'required particulars', in relation to a political

matter that is broadcast, means:

(a) if the broadcasting was authorised by a

political party:

(i) the name of the political party; and

(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; and

(b) if 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) 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 the

period of 2 years commencing on the day on which the

matter was broadcast.

Records of matter broadcast

"70B.(1) If the SBS 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 SBS must cause a record

of the matter to be made:

(a) in the case of a radio broadcast - by using a

device for recording sound; or

(b) in the case of a television broadcast - by using

a device for recording images and associated sound.

"(2) Subject to this section, the SBS must retain in

its custody a record so made for a period of:

(a) 6 weeks from the date on which the matter was

broadcast; or

(b) if a complaint has been made about the matter -

for 70 days from the date on which the complaint was

made.

"(3) If a person considers that a record so made is

admissible in evidence in proceedings instituted, or

proposed to be instituted, in a court, being a record

that is held under subsection (2), the person may give

to the SBS a notice in writing informing the SBS that

the record may be required for the purposes of the

proceedings.

"(4) If such a notice is given to the SBS in respect

of a record, the SBS must, subject to this section,

retain the record until the proceedings or the proposed

proceedings to which the notice relates have been

finally determined.

"(5) If the proceedings are not instituted within a

period of 3 months after the notice is given to the

SBS, subsection (4) ceases to apply to the record at

the end of that period.

"(6) The obligation imposed by this section on the

SBS to retain a record does not apply at any time when

the record is in the custody of a court in connection

with proceedings instituted in the court.".

Telecommunications Act 1991

Subsection 99(2) (definition of "broadcaster"):

Omit "or the holder of a licence or permit under the

Broadcasting Act 1942", substitute "or the holder of a

licence under the Broadcasting Services Act 1992, the

provider of a broadcasting service under a class

licence under that Act or a person providing a service

referred to in section 212 of that Act".

Television Licence Fees Act 1964

Section 3:

Omit "Broadcasting Act 1942", substitute

"Broadcasting Services Act 1992".

Subsection 4(1) (definition of "gross earnings"):

Omit the definition, substitute:

" 'gross earnings', in respect of a licence in respect

of a period, means the gross earnings of the licensee

during that period from the televising, pursuant to the

licence, of advertisements or other matter;".

Subsection 4(1) (definition of "licence"):

Omit the definition, substitute:

" 'licence' means a commercial television broadcasting

licence referred to in paragraph 5(1)(b) or (e) of the

Broadcasting Services (Transitional Provisions and

Consequential Amendments) Act 1992;".

Subsection 4(1):

Insert the following definition:

" 'Transitional Provisions Act' means the Broadcasting

Services (Transitional Provisions and Consequential

Amendments) Act 1992.".

Subsection 6(3):

Omit "Where a licensee has, in accordance

with sub-section(2) of the Broadcasting Act 1942,

adopted an accounting period ending on a day other than

30 June,", substitute:

"If a licensee:

(a) had, before the commencement of the Transitional

Provisions Act, in accordance with the Broadcasting Act

1942; or

(b) has, in accordance with subsection 123(2) of the

Broadcasting Act 1942 as applied by section 22 of the

Transitional Provisions Act;

adopted an accounting period ending on a day other than

30 June,".

Trade Practices Act 1974

Subsection 65A(3) (definition of "consortium"):

Omit the definition.

Subsection 65A(3) (paragraph (a) of the definition of

"prescribed information provider"):

Omit the paragraph, substitute:

"(a) the holder of a licence granted under the

Broadcasting Services Act 1992; and

(aa) a person who is the provider of a broadcasting

service under a class licence under that Act; and

(ab) the holder of a licence continued in force by

subsection 5(1) of the Broadcasting Services

(Transitional Provisions and Consequential Amendments)

Act 1992; and".