Authorised Version C2016C00754 registered 07/07/2016
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
Prepared by the Office of Parliamentary Counsel, Canberra
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If a provision of the compiled law has been repealed in accordance with a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.
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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
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Preliminary Part 1
Section 1
An Act to make transitional arrangements and
consequential amendments as a result of the
enactment of the Broadcasting Services Act 1992
Part 1—Preliminary
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.
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Amendments) Act 1992
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Part 2 Transitional provisions
Division 1 Preliminary
Section 4
Part 2—Transitional provisions
Division 1—Preliminary
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.
2 Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Transitional provisions Part 2
Directorships and control Division 3
Section 17
Division 3—Directorships 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
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Part 2 Transitional provisions
Division 3 Directorships and control
Section 25
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
4 Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Endnotes
Endnote 1—About the endnotes
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.
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Endnotes
Endnote 1—About the endnotes
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.
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
Compilation No. 7 Compilation date: 1/7/16 Registered: 7/7/16
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Endnotes
Endnote 2—Abbreviation key
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)
/sub-subparagraph(s)C[x] = Compilation No. x
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
commenced or to be commencedNo. = Number(s)
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Broadcasting Services 105, 1992 9 July 1992 5 Oct 1992 (see s. 2 and
(Transitional Provisions Gazette 1992, No.
and Consequential GN38)
Amendments) Act 1992
Radiocommunications 167, 1992 11 Dec 1 July 1993 —
(Transitional Provisions 1992
and Consequential
Amendments) Act 1992
Transport and 216, 1992 24 Dec ss. 64–66: 24 Dec 1992 —
Communications 1992
Legislation Amendment
Act (No. 3) 1992
Broadcasting Services 143, 1997 8 Oct 1997 8 Oct 1997 —
Legislation Amendment
Act 1997
Broadcasting Legislation 120, 2002 2 Dec 2002 Schedules 1 and 2: 30 —
Amendment Act (No. 2) Dec 2002
2002 Remainder: 2 Dec 2002
Statute Law Revision 9, 2006 23 Mar Schedule 2 (item 8): 5 —
Act 2006 2006 Oct 1992 (s 2(1)
item 25)
Statute Law Revision 103, 2013 29 June Schedule 1 (item 29): —
Act 2013 2013 29 June 2013
Omnibus Repeal Day 109, 2014 16 Oct Sch 2 (items 184–186): —
(Autumn 2014) Act 2014 17 Oct 2014 (s 2(1)
2014 item 2)
Statute Law Revision 145, 2015 12 Nov Sch 2 (items 1–3): 10 —
Act (No. 2) 2015 2015 Dec 2015 (s 2(1) item 3)
8 Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Endnotes
Endnote 3—Legislation history
Act
Territories Legislation
Amendment Act 2016
Number
and year
33, 2016
Assent
23 Mar
2016
Commencement
Sch 5 (item 22): 1 July
2016 (s 2(1) item 7)
Application,
saving and
transitional
provisions
—
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected
Part 1
s 3A ...............................................
Part 2
Division 1
s. 4 .................................................
Division 2 heading.........................
s 5 ..................................................
s 6 ..................................................
s 7 ..................................................
s 8 ..................................................
s 9 ..................................................
s. 10 ...............................................
s 11 ................................................
s. 12 ...............................................
s 13 ................................................
s 14 ................................................
s 15 ................................................
s 16 ................................................
s 18 ................................................
s 20 ................................................
Division 4 heading.........................
s 21 ................................................
s. 22 ...............................................
s 23 ................................................
How affected
ad No 33, 2016
am. No. 167, 1992; No 109, 2014
rep No 145, 2015
rep No 109, 2014
rep No 109, 2014
rep No 109, 2014
rep No 109, 2014
rep No 109, 2014
am. No. 167, 1992
rep No 109, 2014
rep No 109, 2014
am. No. 216, 1992
rep No 109, 2014
rep No 109, 2014
rep. No. 143, 1997
rep No 143, 1997
rep No 109, 2014
rep No 109, 2014
rep No 109, 2014
rep No 145, 2015
rep No 109, 2014
am. No. 216, 1992
rep. No. 143, 1997
rep No 109, 2014
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
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
Broadcasting Services (Transitional Provisions and Consequential
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