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REPEALED ACTS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".