Broadcasting and Television Amendment Act 1985 (Cth)
PART I—PRELIMINARY
Section
1. Short title, &c.
2. Commencement
PART II—AMENDMENTS
3. Title
4. Short title
5. Interpretation
6. Repeal of heading and substitution of new heading
7. Unauthorized operation of certain radiocommunications transmitters prohibited
8. Insertion of new sections—
6B. Unauthorized use of telegraph lines for re-transmission of programs
6C. Transmissions for broadcast by Aussat satellite
9. Divisions of Tribunal
10. Functions of Tribunal
11. Insertion of new section—
16A. Approval of forms
12. Insertion of new sections—
17A. Interpretation
17B. Applications requesting Tribunal to exercise certain substantive powers
17C. Ordinary inquiries
13. Directed inquiries
14. Insertion of new section—
18A. Area inquiries
15. Inquiries to be held in public except in special circumstances
TABLE
OF PROVISIONS—
Section
16. Repeal of section 20
17. Refusal to be sworn or to answer questions
18. Briefing of counsel to assist Tribunal
19. Representation before Tribunal
20. Repeal of section 22AA and substitution of new section—
22AA. Parties to proceedings at ordinary inquiries
21. Reference of questions of law to Federal Court of Australia
22. Procedure at inquiries
23. Repeal of section 25AA and substitution of new sections—
25AA. Investigation of, and comment upon, broadcasting practices
24. Reports on inquiries
25. Repeal of Division 5A of Part III
26. Repeal of section 79ZJ and substitution of new section—
79ZJ. Application of Act to the Service
27. Repeal of heading and substitution of new headings
28. Interpretation
29. Grant and renewal of licences
30. Applications for grant of certain licences
31. Applications for grant of supplementary licences
32. Consideration of licence applications by Tribunal
33. Imposition of licence conditions
34. Variation of licence conditions
35. Renewal of licences
36. Renewal of certain supplementary licences
37. Election to renew certain supplementary licences
38. Election to transfer supplementary or other licence
39. Invitation of certain licence applications
40. Suspension and revocation of licences
41. Repeal of section 89 and substitution of new section—
89. Surrender of licences
42. Transfer of licences
43. Limitation on transfer of certain licences
44. Repeal of section 89C and substitution of new sections—
89C. Commencement of service
89D. Licence warrants
45. Repeal of headings and substitution of new heading
46. Interpretation
47. Limitation of interests in commercial radio licences
48. Meaning of control of licence
49. Directors
50. Changes in ownership of shares, &c.
51. Approval of transactions
52. Repeal of heading and substitution of new heading
53. Interpretation
54. Registered lenders
55. Approved investments
56. Limitation of interests in commercial television licences
57. Meaning of control of licence
58. Changes in ownership of shares, &c.
59. Approval of transactions
60. Repeal of heading and substitution of new heading
61. Directions to protect licensee
62. Repeal of heading and sections and substitution of new Division, heading and section—
92V. Orders relating to ownership, control, &c.
92W. Tribunal may seek information
PART IV—BROADCASTING REQUIREMENTS
95. Application of Part
63. Inspection
64. Repeal of heading
65. Insertion of new section—
99A. Local programming
TABLE
OF PROVISIONS—
Section
66. Particulars of programs to be made available
67. Repeal of Divisions 5A and 5B of Part IV
68. Repeal of heading and sections
69. Programs of holders of supplementary licences
70. Repeal of heading
71. Licensee to keep accounts, &c.
72. Assembly of information
73. Lights on masts
74. Repeal of Part IVa
75. Repeal of heading
76. Additional functions of Minister
77. Repeal of section 111F
78. Corporation to make certain programs available to licensees
79. Corporation may make programs available to certain licensees
80. Encouragement of Australian artists
81. Televising of sporting events and entertainments
82. Broadcasting of political matter or controversial matter
83. Records of matter broadcast
84. Insertion of new section and heading—
119ab. Special provisions relating to public licences
PART V—GENERAL
85. Review of decisions
86. Repeal of sections 120 to 125 (inclusive) and substitution of new sections—
120. Defamatory broadcast statements
121. Interference with broadcasting of programs, &c.
122. Protection of certain licensees against actions
87. Permits for test transmissions
88. Licences subject to Act
89. Repeal of section 130A
90. Control of broadcasting in case of emergency
91. Offences
92. Insertion of new section—
133A. Tabling of government policy statements
93. Regulations
94. Further amendments
95. Relocation of sections, &c.
PART III—TRANSITIONAL
96. Interpretation
97. Correspondence of licences
98. Continued application of previous Act
99. Conversion of old system licences
100. Application of licensing provisions
101. Ownership and control
102. Remote licences
103. Area inquiries
104. Savings
105. Regulations
SCHEDULE
FURTHER AMENDMENTS OF PRINCIPAL ACT
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting after the definition of “associate member” in sub-section (1) the following definition:
“‘Aussat satellite’ has the same meaning as in the
Satellite Communications Act 1984 ;”;(b) by omitting from sub-section (1) the definitions of “broadcast receiver”, “broadcasting station”, “broadcasting translator station”, “broadcasting translator station licence”, “commercial broadcasting station”, “commercial broadcasting translator station”, “commercial television station” and “commercial television translator station” and substituting the following definitions:
“‘broadcast’ means broadcast by radio or televise;
‘broadcast by radio’ means to operate a radiocommunications transmitter for the purpose of the transmission to the general public of radio programs;
‘category of licence’ means a category of licence referred to in any of the paragraphs of the definition of ‘licence’;
‘commercial licence’ means a commercial radio licence or commercial television licence;
‘commercial radio licence’ means—
(a) a licence granted as a commercial radio licence under section 81; or
(b) a licence deemed by section 86c to be a commercial radio licence,
including such a licence as renewed or further renewed;
‘commercial television licence’ means—
(a) a licence granted as a commercial television licence under section 81; or
(b) a licence deemed by section 86c to be a commercial television licence,
including such a licence as renewed or further renewed;”;
(c) by omitting from sub-section (1) the definition of “licence” and substituting the following definitions:
“‘licence’ means—
(a) a commercial radio licence;
(b) a commercial television licence;
(c) a supplementary radio licence;
(d) a supplementary television licence;
(e) a public radio licence;
(f) a public television licence;
(g) a remote radio licence;
(h) a remote television licence;
(j) a re-broadcasting licence; or
(k) a re-transmission licence;
‘licence warrant’ means a licence warrant granted under section 89d;”;
(d) by omitting from sub-section (1) the definitions of “national broadcasting station”, “national broadcasting translator station licence”, “national television station”, “national television translator station licence”, “public broadcasting licence” or “public television licence”, “public broadcasting station” or “public television station”, “public broadcasting translator station” or “public television translator station” and “public broadcasting translator station licence” or “public television translator station licence” and substituting the following definitions:
“‘metropolitan service area’ means a service area in which is situated the General Post Office of the capital city of a State;
‘metropolitan television area’ means a metropolitan service area that is the service area of a commercial television licence;
‘public licence’ means a public radio licence or public television licence;
‘public radio licence’ means a licence granted as a public radio licence under section 81 including such a licence as renewed or further renewed;
‘public television licence’ means a licence granted as a public television licence under section 81 including such a licence as renewed or further renewed;
‘radio licence’ means a commercial radio licence, a supplementary radio licence, a public radio licence or a remote radio licence;
‘re-broadcasting licence’ means a licence granted as a re-broadcasting licence under section 81 including such a licence as renewed or further renewed;
‘remote licence’ means a remote radio licence or remote television licence;
‘remote radio licence’ means a licence granted as a remote radio licence under section 81 including such a licence as renewed or further renewed;
‘remote television licence’ means a licence granted as a remote television licence under section 81 including such a licence as renewed or further renewed;
‘re-transmission licence’ means a licence granted as a re-transmission licence under section 81 including such a licence as renewed or further renewed;”;
(e) by omitting from sub-section (1) the definitions of “supplementary broadcasting licence”, “supplementary broadcasting station”, “supplementary licence”, “supplementary television licence”, “supplementary television station”, “telegraph line”, “television receiver”, “television repeater station”, “television repeater station licence”, “television station”, “television translator station”, “television translator station licence” and “the Board” and substituting the following definitions:
“‘service area’ means—
(a) in relation to a licence or the holder of a licence—the area to be served pursuant to the licence; or
(b) in relation to the Corporation or the Service—an area in which the Corporation or Service, as the case may be, provides a broadcasting service, being an area determined by the Minister to be a service area for the purposes of this paragraph;
‘supplementary licence’ means a supplementary radio licence or supplementary television licence;
‘supplementary radio licence’ means a licence granted as a supplementary radio licence under section 81 including such a licence as renewed or further renewed;
‘supplementary television licence’ means a licence granted as a supplementary television licence under section 81 including such a licence as renewed or further renewed;
‘telegraph line’ means a line within the meaning of the
Telecommunications Act 1975 ;‘televise’ means to operate a radiocommunications transmitter for the purpose of the transmission to the general public of television programs;
‘television licence’ means a commercial television licence, a supplementary television licence, a public television licence or a remote television licence;”;
(f) by omitting from sub-section (1) the definition of “wireless telegraphy”;
(g) by omitting sub-section (2) and substituting the following sub-section:
“(2) In this Act, unless the contrary intention appears, an expression that is used in the definition of ‘broadcast by radio’ or ‘televise’ in sub-section (1) and is also used in the
Radiocommunications Act 1983 has the same meaning as in that Act.”; and(h) by adding at the end the following sub-sections:
“(4) For the purposes of this Act, an area shall be taken to overlap another area if the first-mentioned area is wholly or partly co-extensive with, or is within, the other area.
“(5) A reference in this Act to the area served or to be served pursuant to a licence includes a reference to an area that consists of 2 or more separate areas served or to be served pursuant to the licence.
“(6) A reference in this Act (other than section 18a) to the provision by a licensee of an adequate and comprehensive service pursuant to a licence shall be read as a reference to the provision by the licensee of an adequate and comprehensive service, having regard to—
(a) the technical conditions of the licence warrant;
(b) the requirements of this Act and the regulations;
(c) the nature of the community to be served pursuant to the licence;
(d) the diversity of the interests of that community; and
(e) the nature of any other broadcasting services (including broadcasting services provided by the Corporation or the Service) having service areas that overlap the service area of the licence.”.
(a) by omitting from sub-section (1) “broadcasting programs or television programs except as authorized by or under this Act or the
Australian Broadcasting Corporation Act 1983 ” and substituting “radio programs or television programs except as authorized by a licence warrant”; and(b) by inserting after sub-section (1) the following sub-section:
“(1a) For the purposes of sub-section (1), the operation of a radiocommunications transmitter shall not be taken to be authorized by a licence warrant unless the technical conditions of the licence warrant relating to the transmitter, or to other facilities (including studios) associated with the transmitter, are complied with.”.
“6b. A person shall not use a telegraph line (not being a telegraph line erected upon private land or within a private building) for the purpose of transmitting a program, being a program broadcast or transmitted by the Corporation, the Service or a licensee, except in accordance with a re-transmission licence or for the purpose of the broadcasting of that program.
“6c. A person shall not transmit radio programs or television programs to an Aussat satellite (wherever it is) with a view to the programs being transmitted by a radiocommunications transmitter in the satellite to the general public unless the operation of the transmitter for the purpose of the transmission of those programs to the general public is authorized by a licence warrant.”.
“(a) the renewal of a commercial licence having a metropolitan service area; or
(b) the suspension or revocation of a licence,”.
(a) by omitting from paragraph (1) (a) “and revoke” and substituting “, revoke and accept the surrender of”; and
(b) by omitting sub-sections (2) and (3) and substituting the following sub-section:
“(2) In performing its functions under paragraphs (1) (d), (e) and (f) in relation to the broadcasting of programs by licensees, the Tribunal shall consult representatives of those licensees.”.
“16a. Where a provision of this Act requires or permits a thing to be done in, or in accordance with, a form approved by the Tribunal or the Minister, the Tribunal or the Minister, as the case may be, may for the purposes of that provision approve different forms to be applicable in different circumstances.”.
“17a. (1) In this Division, unless the contrary intention appears—
‘area inquiry’ means an inquiry under section 18a;
‘directed inquiry’ means an inquiry under section 18;
‘ordinary inquiry’ means an inquiry under section 17c.
“(2) A reference in this Division to a substantive power of the Tribunal is a reference to a power of the Tribunal—
(a) to determine standards under paragraph 16 (1) (d) or conditions under paragraph 16 (1) (e);
(b) to grant or renew a licence under sub-section 81 (1);
(c) to vary, revoke or impose a condition of a licence under section 85, otherwise than in accordance with sub-section 85 (4);
(d) to suspend or revoke a licence under sub-section 88 (1);
(e) to consent to a transfer or to the admission of a person under sub-section 89a (1);
(f) to approve a transaction or a part of a transaction under sub-section 90ja (1) or (2) or 92faa (1) or (2);
(g) to register a person under sub-section 91c (2) or to cancel a registration under sub-section 91c (10);
(h) to issue or revoke a certificate under sub-section 91d (2) or (6) respectively;
(j) to give directions under sub-section 92n (1), 99 (2) or 119ab (4);
(k) to make orders for the purposes of section 92v;
(m) to grant permission under sub-section 99a (1) or (2);
(n) to determine conditions under sub-section 100 (5);
(o) to determine periods under sub-section 103;
(p) under sub-section 116 (4) to require licensees to refrain from broadcasting election advertisements;
(q) to make an order directing persons under sub-section 119 (2); or
(r) to give approval to the holders of supplementary licences under sub-section 119aa (2) or (3).
“17b. (1) A person may at any time make an application under this section requesting the Tribunal to exercise any of its substantive powers, other than a substantive power in respect of the exercise of which an application is expressly permitted to be made under another provision of this Act.
“(2) An application under this section shall be made in accordance with the regulations.
“17c. (1) Where the Tribunal receives an application under this Act requesting the exercise of any of its substantive powers, or proposes to exercise any of its substantive powers otherwise than on such an application, the Tribunal shall hold an inquiry into the requested or proposed exercise of the power.
“(2) Where the Tribunal proposes, either on its own initiative or at the request of any person, to exercise any of its powers, other than a substantive power, under this Act or the regulations, the Tribunal may in its discretion hold an inquiry into the proposed exercise of the power.
“(3) The Tribunal may, in its discretion, hold an inquiry into—
(a) any matter relating to the operation of this Act;
(b) any matter relating to broadcasting services; or
(c) any other matter, being a matter with respect to which the Parliament has power to make laws by virtue of paragraph 51 (v) of the Constitution, that, in the opinion of the Tribunal, relates directly or indirectly to a matter referred to in paragraph (a) or (b).
“(4) A reference in sub-section (3) to a matter shall be read as not including a reference to—
(a) a matter relating to the Corporation or the Service or to the affairs or operations of the Corporation or the Service; or
(b) a matter in respect of which the Tribunal is required or permitted to hold an inquiry by virtue of any provision of this Act (other than sub-section (3) or sub-section 18 (2)).
“(5) Subject to sub-section (6), an inquiry under sub-section (1) shall be held in accordance with this Division and the regulations.
“(6) Notwithstanding the preceding provisions of this section, regulations under section 134 may make provision for and in relation to—
(a) the deferral, suspension or termination of ordinary inquiries; and
(b) the holding of—
(i) joint ordinary inquiries into the exercise of 2 or more powers by the Tribunal;
(ii) separate ordinary inquiries into different aspects of the exercise of the same power by the Tribunal; and
(iii) ordinary inquiries into certain aspects only of the exercise of a power by the Tribunal.
“(7) Where the Tribunal determines that for reasons of urgency it is not practicable for the Tribunal or another person to comply with a particular requirement or particular requirements of the regulations or of this Division in relation to the holding of an inquiry under sub-section (1), the following provisions have effect:
(a) the Tribunal, or that other person, as the case may be, is not required to comply with that requirement or those requirements, as the case may be, in relation to the holding of the inquiry; and
(b) the Tribunal may in lieu of that requirement or those requirements, as the case may be, adopt any other procedure or procedures that it considers appropriate.
“(8) Subject to this Division and to the regulations, the conduct of an inquiry under sub-section (2) or (3) is within the discretion of the Tribunal.”.
(a) by omitting sub-section (1);
(b) by omitting from paragraph (2a) (b) “other than sub-section (2)” and substituting “(other than sub-section 17c (3), sub-section (2) of this section or section 18a)”; and
(c) by omitting sub-section (2d) and substituting the following sub-section:
“(2d) Subject to this Division and to the regulations, the conduct of inquiries held under this section is within the discretion of the Tribunal.”.
“18a. (1) The Tribunal may, in relation to any area that the Tribunal considers appropriate, hold an inquiry into—
(a) the adequacy and comprehensiveness of the broadcasting services provided by licensees to the community in that area, having regard to the nature of any broadcasting service provided in that area by the Corporation or the Service and to such other matters as the Tribunal considers relevant; and
(b) the extent to which the licensees providing those services encourage the broadcasting of programs wholly or substantially produced in Australia and use, and encourage the use of, Australian creative resources in and in connection with the provision of such programs.
“(2) Subject to this Division and to the regulations, the conduct of inquiries held under this section is within the discretion of the Tribunal.”.
(a) references in that section to broadcasting shall be read as including references to television or televising, as the case requires; and
(b) references in that section to licensees shall be read as references to the holders of licences within the meaning of Part IIIb of the Principal Act as so amended.
(a) by inserting after sub-section (2) the following sub-section:
“(2a) Without limiting the generality of sub-section (2), directions under paragraphs (2) (b) and (c) may be given in respect of an inquiry—
(a) at any time after—
(i) where the inquiry is held in consequence of the lodgment of an application under section 17b—the lodgment of the application; or
(ii) in any other case—the advertising by the Tribunal of its intention to hold the inquiry; and
(b) in relation to any proceeding (whether oral or otherwise) before the Tribunal at the inquiry.”; and
(b) by adding at the end the following sub-section:
“(4) Where proceedings before the Tribunal at an inquiry are held in public, the Tribunal shall, as far as practicable, provide adequate facilities to enable all parties to the proceedings to participate in the full view and hearing of the public”.
(a) by omitting from paragraphs (1) (b) and (c) “he” and substituting “the person”;
(b) by omitting from paragraph (1) (c) “him” and substituting “the person”;
(c) by omitting from sub-section (2) “he” (wherever occurring) and substituting “the person”;
(d) by omitting from sub-section (2) “him” (first occurring) and substituting “the person”; and
(e) by omitting from sub-section (2) “any matter contained in the document may tend to incriminate him” and substituting “the production of the document may tend to incriminate the person”.
(a) by omitting all the words from and including “inquiry” to and including “proceedings,” (second occurring) and substituting “ordinary inquiry, a party to the proceedings”; and
(b) by adding at the end the following sub-section:
“(2) As far as practicable, the Tribunal shall ensure that no party to proceedings before the Tribunal at an ordinary inquiry suffers any detriment by reason that the party is not represented in those proceedings by a barrister, solicitor or agent.”.
“22aa. (1) The following persons shall be parties to proceedings before the Tribunal at an ordinary inquiry:
(a) where the inquiry is to be held on the application, or at the request, of a person—that person;
(b) any other person who has, in accordance with this Act or the regulations, lodged a document in relation to the inquiry, being a document that the Tribunal considers relevant to the inquiry;
(c) where the Tribunal directs that, by reason of special circumstances, it is in the public interest to allow another person or persons to be party to the proceedings—that person or each of those persons, as the case may be.
“(2) Notwithstanding sub-section (1), the Tribunal, having regard to the area or areas of interest of any party to proceedings before the Tribunal at an ordinary inquiry, may direct that the participation of the party in those proceedings should be limited in accordance with the direction.”.
“(3) Subject to section 19, the Tribunal shall ensure that every party to proceedings before the Tribunal at an ordinary inquiry is given a reasonable opportunity to present his or her case.”.
“25aa. Notwithstanding anything to the contrary either express or by way of implication in any provision of this Act, the Tribunal may, at an inquiry into the renewal of a licence or at an area inquiry, investigate or comment upon any matter connected with the past, present or future broadcasting practices of the licence holder or any licence holder in the area concerned, as the case may be.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) Subject to sub-section (2), where the Tribunal has held an inquiry, the Tribunal shall—
(a) give to the Minister and to all parties to the proceedings; and
(b) cause to be made available to the public in such manner as it thinks fit,
a report setting out—
(c) a summary of the proceedings at the inquiry, including particulars of, and the reasons for—
(i) any direction given under section 22aa; and
(ii) any determination made, and any procedure adopted, under sub-section 17c (7),
other than a direction, determination or procedure that the Tribunal considers of insufficient importance to be included in the report;
(d) the findings of the Tribunal and the reasons for those findings; and
(e) the decision or recommendations (if any) made by the Tribunal in consequence of those findings, and the reasons for any such decision or recommendations.”; and
(b) by inserting in sub-sections (3) and (4) “or in pursuance of section 18a” after “section 18”.
“79zj.
(1) Sections 60, 63, 64, 72, 73, 74 and 78a
apply, with such exceptions and subject to such modifications and adaptations
as are prescribed, to the Service, to programs broadcast by the Service under
this Part and to broadcasting facilities used by the Service as they applied
immediately before the commencement of the
“(2) Sections 113, 113a, 115, 116 (other than sub-section (1)), 117, 117a, 118, 121 and 131 apply, with such exceptions and subject to such modifications and adaptations as are prescribed, to the Service, to programs broadcast by the Service under this Part and to broadcasting facilities used by the Service as they apply to the Corporation, to programs broadcast by the Corportion and to broadcasting facilities used by the Corporation.
“(3) Except where this Act otherwise expressly provides, this Act does not apply in relation to the broadcasting services provided by the Service.”.
(a) by omitting from sub-section (1) the definitions of “commercial licence”, “commercial translator licence” and “licence” and substituting the following definition:
“‘government policy statement’ means a written statement of a policy of the Commonwealth Government that has been given to the Tribunal by the Minister for the purposes of this Division;”;
(b) by omitting from sub-section (1) the definition of “specification” and substituting the following definitions:
“‘service specification’, in relation to a licence, means a specification of—
(a) the service area of the licence;
(b) in the case of a public licence—the special purpose for which the licence is granted;
(c) in the case of a re-broadcasting licence—the broadcasting service or broadcasting services that may be re-broadcast pursuant to the licence; and
(d) in the case of a re-transmission licence—the broadcasting service or broadcasting services that may, by the use of a telegraph line, be re-transmitted pursuant to the licence;
‘technical condition’, in relation to a licence warrant, means a condition relating to—
(a) in the case of a licence warrant in respect of a licence other than a re-transmission licence—
(i) the design, siting, installation, maintenance or operation (including operating power, constancy and frequency) of the radiocommunications transmitter or transmitters to be used for the transmission of programs pursuant to the licence;
(ii) the design, siting, installation, maintenance or operation of facilities (not including studios or studio equipment or facilities) to be used in association with the radiocommunications transmitter or transmitters; or
(iii) the siting of the studio or studios to be used in connection with the transmission of programs pursuant to the licence; or
(b) in the case of a licence warrant in respect of a re-transmission licence—the design, siting, installation, maintenance or operation of the telegraph lines and other equipment or facilities to be used for or in connection with the transmission of programs pursuant to the licence.”;
(c) by omitting from sub-section (2) “station, service or aerial” and substituting “service”; and
(d) by omitting sub-sections (2b) and (3).
(a) by omitting from sub-section (2) “and television stations in the area served or to be served in pursuance” and substituting “services provided pursuant to other licences having service areas that overlap the service area”;
(b) by omitting from sub-section (3) “licence for a commercial broadcasting station or for a commercial television station” and substituting “commercial licence”;
(c) by omitting from sub-section (4) “broadcasting licence or public television”; and
(d) by omitting sub-section (5) and substituting the following sub-sections:
“(4a) A remote licence shall not be granted except to—
(a) a company formed within the limits of the Commonwealth or a Territory and having a share capital; or
(b) a consortium of companies to which paragraph (a) applies.
“(5) Such fees as are prescribed are payable in respect of—
(a) grants and renewals of public licences and re-broadcasting licences; and
(b) grants, renewals and transfers of re-transmission licences.”; and
(e) by inserting in sub-section (6) “a remote licence or” after “Where”.
(a) by omitting paragraph (1) (a) and substituting the following paragraph:
“(a) specifying the category of licence and setting out an outline of—
(i) the service specifications to which it is proposed the licence is to be subject; and
(ii) the technical conditions proposed to be included in the licence warrant; and”;
(b) by omitting sub-paragraph (1) (b) (i) and substituting the following sub-paragraph:
“(i) lodge with the Tribunal not later than a specified date (not being a date earlier than 56 days after the date of publication of the notice in the
Gazette )applications in accordance with the regulations for the grant of the licence; or”; and(c) by omitting sub-sections (2) to (5) (inclusive).
(a) by omitting from sub-section (1) “licence for a commercial broadcasting station” and substituting “commercial radio licence”;
(b) by omitting from sub-section (1) “broadcasting service” and substituting “radio service”;
(c) by omitting from sub-section (1) “, by means of one broadcasting station and, if necessary, one or more broadcasting translator stations,”;
(d) by omitting from sub-section (2) “licence for a commercial television station” and substituting “commercial television licence”;
(e) by omitting from sub-section (2) “, by means of one television station and, if necessary, one or more television translator stations,”;
(f) by omitting paragraph (3) (a) and substituting the following paragraph:
“(a) the holder of a commercial radio licence where the programs transmitted pursuant to the licence are transmitted solely by way of frequency modulation; or”;
(g) by inserting in sub-paragraph (4) (a) (i) “the category of the licence and” before “the specification”;
(h) by omitting sub-paragraph (4) (a) (ii) and substituting the following sub-paragraph:
“(ii) an outline of the technical conditions proposed to be included in the licence warrant; or”;
(j) by omitting from paragraph (4) (b) “and television”;
(k) by omitting from sub-section (5) “area served in pursuance” (wherever occurring) and substituting “service area”;
(m) by omitting from sub-section (7) “area served in pursuance” and substituting “service area”;
(n) by omitting from sub-section (7) “and any one or more commercial translator licences associated with that commercial licence”;
(o) by inserting in paragraph (9) (e) “, in accordance with the regulations,” after “submission”; and
(p) by omitting sub-sections (10), (11), (12) and (13).
(a) by omitting sub-sections (1) to (4) (inclusive);
(b) by omitting from sub-section (5) all the words from and including “a licence” to and including “by the Tribunal” and substituting “the grant of a licence shall, before the licence is granted”;
(c) by omitting from paragraph (5) (b) “if the licence is a licence referred to in paragraph (a), (b), (g), (h), (k), (ka) or (l) of the definition of ‘licence’ in sub-section 80 (1)” and substituting “in the case of a licence other than a re-broadcasting licence or a re-transmission licence”;
(d) by omitting sub-paragraph (5) (b) (i) and substituting the following sub-paragraph:
“(i) provide an adequate and comprehensive service pursuant to the licence; and”;
(e) by omitting from sub-section (6) “it has held an inquiry into the grant of the licence and”;
(f) by inserting in paragraph (6) (c) “in the case of a licence other than a remote licence—” before “it appears”;
(g) by omitting from sub-sub-paragraph (6) (c) (i) (b) “effectively to operate the relevant broadcasting station or television station, as the case may be” and substituting “to provide an adequate and comprehensive service pursuant to the licence or, in the case of a
re-broadcasting licence or a re-transmission licence, to provide the service to which the licence relates”;
(h) by omitting sub-sub-paragraphs (6) (c) (ii) (a) and (b) and substituting the following sub-sub-paragraphs:
“(a) the licence is a commercial licence whose service area is not a metropolitan service area; and
(b) the service area of the licence overlaps the service area of one or more licences of a kind to which sub-sub-paragraph (a) applies,”;
(j) by omitting sub-paragraph (6) (c) (iii) and substituting the following sub-paragraph:
“(iii) where the service area of the licence overlaps the service area of another licence or other licences—the need for the commercial viability of the service or services provided pursuant to the other licence or other licences;”;
(k) by inserting in paragraph (6) (d) “(other than the outline of the technical conditions proposed to be included in the licence warrant)” after “matters”;
(m) by inserting after paragraph (6) (d) the following paragraph:
“(da) where the licence is a remote licence, it appears to the Tribunal, having regard to the following matters or circumstances, that it is advisable in the public interest to refuse to grant the licence to the person:
(i) it is not satisfied that the person—
(a) is a fit and proper person to hold the licence;
(b) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and
(c) is otherwise capable of complying with the conditions of the licence;
(ii) where the service area of the licence overlaps the service area of another licence or other licences—the need for the commercial viability of the service or services provided pursuant to the other licence or other licences;
(iii) subject to the desirability of ensuring that, in all parts of Australia, there are available at least one service provided pursuant to a commercial radio licence or remote radio licence and one service provided pursuant to a commercial television licence or remote television licence, the need to avoid an undue concentration of the ownership or control, direct or indirect, of the media in the service area of the licence;
(iv) the likelihood that, if the Tribunal granted the licence, a person would, in relation to the licence or the holder of the licence, contravene an order of the Tribunal made for the purposes of section 92v;
(v) any relevant government policy statements;
(vi) any matters prescribed by regulations for the purposes of this paragraph;
(vii) any other matters or circumstances that the Tribunal considers relevant;”;
(n) by omitting from paragraph (6) (e) “the broadcasting stations and television stations in the area to be served pursuant to the licence” and substituting “broadcasting services provided pursuant to other licences having service areas that overlap the service area of the supplementary licence”;
(o) by omitting sub-paragraph (6) (e) (i) and substituting the following sub-paragraph:
“(i) that an additional radio service or an additional television service, as the case requires, provided pursuant to a commercial licence having the same service area as the supplementary licence is reasonably likely to be commercially viable during the period in which the supplementary licence, if granted, would be in force; and”;
(p) by omitting from sub-sub-paragraph (6) (e) (ii) (a) “the licence for such an additional station” and substituting “such an additional licence”;
(q) by omitting from sub-sub-paragraph (6) (e) (ii) (b) “area to be served pursuant to” and substituting “service area of;
(r) by omitting sub-section (6a) and substituting the following sub-section:
“(6a) A reference in paragraph (6) (da) or (e) to the media in the service area of a licence includes a reference to—
(a) newspapers, journals and the like available in that service area; and
(b) any broadcasting service provided pursuant to another licence having a service area that overlaps the service area of the licence.”;
(s) by omitting sub-section (8); and
(t) by omitting paragraph (8a) (b) and substituting the following paragraph:
“(b) make a recommendation in writing to the Minister that the Minister invite applications for a commercial radio licence or commercial television licence, as the case requires, to serve the area that would have been the service area of the supplementary licence.”.
(a) by inserting in sub-section (1) “service” before “specifications”;
(b) by omitting from sub-section (1) “, in the case of a matter referred to in paragraph (a), (b), (c) or (d) of the definition of ‘specification’ in sub-section 80 (1),”;
(c) by omitting from paragraph (2) (b) “specification” and substituting “‘service specification’ or ‘technical condition’ ”; and
(d) by omitting sub-section (3).
(a) by omitting from sub-section (2) “the broadcasting and television stations in the area served in pursuance” and substituting “the broadcasting services provided pursuant to other licences having service areas that overlap the service area”;
(b) by omitting sub-section (3) and substituting the following sub-section:
“(3) Subject to this section, the Tribunal shall not vary, revoke or impose a condition relating to a matter referred to in the definition of ‘service specification’ in sub-section 80 (1).”;
(c) by omitting from sub-section (4) “specification” and substituting “service specification”;
(d) by omitting sub-section (5) and substituting the following sub-section:
“(5) Before the Minister gives a direction to the Tribunal under sub-section (4)—
(a) the Minister, or an officer authorized by the Minister in writing for the purposes of this paragraph, shall give the licensee notice in writing—
(i) specifying the direction proposed to be given by the Minister; and
(ii) informing the licensee that the licensee may, not later than a specified date (being a date not earlier than 14 days after the date of the notice), make representations to the Minister relating to the proposed direction;
(b) in the case of a direction to vary the service area of the licence—the Minister, or an officer authorized by the Minister in writing for the purposes of this paragraph, shall also publish, in the
Gazette and in a newspaper or newspapers (if any) circulating in the service area of the licence and in the proposed new service area, a notice—(i) specifying the direction proposed to be given by the Minister; and
(ii) notifying interested persons that they may, not later than a specified date (being a date not earlier than 21
days after the date of publication of the notice in the
Gazette ), make representations to the Minister relating to the proposed direction; and(c) the Minister shall have regard to any representations so made.”; and
(e) by adding at the end the following sub-section:
“(7) In this section, ‘condition’ does not include a condition relating to a matter referred to in the definition of ‘technical condition’ in sub-section 80 (1).”.
(a) by omitting from sub-section (1) “a form approved by the Tribunal” and substituting “the regulations”;
(b) by omitting sub-sections (4) to (9) (inclusive);
(c) by omitting from sub-section (10) “The licensee shall, at the inquiry or before the consideration by the Tribunal of the application, as the case may be” and substituting “The licensee shall, before the licence is renewed”;
(d) by omitting sub-section (11);
(e) by omitting from sub-section (11b) “Subject to sub-section (11), the” and substituting “The”;
(f) by inserting in paragraph (11b) (c) “in the case of a licence other than a remote licence,” before “it appears”;
(g) by omitting from sub-sub-paragraph (11b) (c) (ii) (b) “effectively to operate the broadcasting station or television station, as the case may be, to which the licence relates” and substituting “to provide an adequate and comprehensive service pursuant to the licence or, in the case of a re-broadcasting licence or a re-transmission licence, to provide the service to which the licence relates”;
(h) by omitting sub-paragraph (11b) (c) (iv) and substituting the following sub-paragraph:
“(iv) except in the case of a re-broadcasting licence or a re-transmission licence, the need for the commercial viability of the service provided pursuant to the licence;”;
(j) by inserting after paragraph (11b) (c) the following paragraph:
“(ca) where the licence is a remote licence, it appears to the Tribunal, having regard to the following matters or circumstances, that it is advisable in the public interest to refuse to renew the licence:
(i) the Tribunal is satisfied that the licensee has failed to comply with the undertaking (if any) given under sub-section (10) or 83 (5), as the case may be, in relation to the licence to be renewed;
(ii) the Tribunal is satisfied that the licensee—
(a) is no longer a fit and proper person to hold the licence; or
(b) no longer has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence;
(iii) the Tribunal is satisfied that a condition of the licence has not been complied with;
(iv) the need for the commercial viability of the service provided pursuant to the licence;
(v) the likelihood that, if the Tribunal renewed the licence, a person would, in relation to the licence or the holder of the licence, contravene an order of the Tribunal made for the purposes of section 92v;
(vi) any relevant government policy statements;
(vii) any matters prescribed by regulations for the purposes of this paragraph;
(viii) any other matters or circumstances that the Tribunal considers relevant; or”;
(k) by omitting sub-sections (11d) to (15) (inclusive) and substituting the following sub-sections:
“(11d) The Tribunal may refuse to renew a commercial licence, a remote licence or a supplementary licence if it is satisfied that the licensee has failed to pay an amount payable by the licensee under the
Radio Licence Fees Act 1964 or theTelevision Licence Fees Act 1964 , as the case requires.“(12) On the renewal of the licence, the Tribunal may vary or revoke any of the conditions of the licence or impose further conditions, but it shall not vary, revoke or impose a condition relating to a matter referred to in the definition of ‘service specification’ or ‘technical condition’ in sub-section 80 (1).”.
(a) by omitting from sub-section (4) “stations and television stations in the area served in pursuance” and substituting “services provided pursuant to licences having service areas that overlap the service area”;
(b) by omitting paragraph (4) (a) and substituting the following paragraph:
“(a) an additional radio service or additional television service, as the case requires, provided pursuant to a commercial licence having the same service area as the supplementary licence is reasonably likely to be commercially viable after the expiration of the prescribed period;”;
(c) by omitting from paragraph (4) (b) “in pursuance of a licence for such an additional station” and substituting “pursuant to such an additional licence”;
(d) by omitting sub-section (5);
(e) by omitting paragraph (6) (b) and substituting the following paragraph:
“(b) where it is of the opinion referred to in that sub-section and it grants a renewal of the supplementary licence, make a recommendation in writing to the Minister that the Minister invite applications for a commercial radio licence or commercial television licence, as the case requires, to serve, after the expiration of the prescribed period, an area that is substantially coextensive with the service area of the supplementary licence.”;
(f) by omitting from sub-paragraph (10) (a) (i) “and all commercial translator licences (if any) associated with the related commercial licence”; and
(g) by omitting from sub-paragraph (10) (a) (ii) “and all such commercial translator licences”.
(a) by omitting from paragraph (1) (b) “and all commercial translator licences (if any) associated with the related commercial licence”;
(b) by omitting paragraph (1) (c) and substituting the following paragraph:
“(c) in any other case—an application for renewal shall be lodged and dealt with in accordance with section 86 as an application for renewal of a commercial licence in respect of the broadcasting service provided pursuant to the supplementary licence.”;
(c) by omitting from sub-section (2) “and all commercial translator licences (if any) associated with the related commercial licence”; and
(d) by omitting from sub-section (2) “cease” and substituting “ceases”.
(a) by omitting from sub-section (1) “, or to transfer a related commercial licence and all commercial translator licences (if any) associated with the related commercial licence” and substituting “or a related commercial licence”;
(b) by omitting from sub-paragraph (1) (a) (ii) “licence for a commercial broadcasting station or for a commercial television station” and substituting “commercial licence”;
(c) by omitting paragraph (1) (b) and substituting the following paragraph:
“(b) where the licence is transferred as provided in paragraph (a), the licence shall be deemed, on and after the day of transfer, to be a commercial radio licence or a commercial television licence, as the case requires.”; and
(d) by omitting from sub-section (2) “broadcasting services or television services, as the case requires, in the area served in pursuance” and substituting “radio services or television services, as the case requires, having service areas that overlap the service area”.
(a) by omitting from paragraph (1) (b) “and all commercial translator licences (if any) associated with the related commercial licence”;
(b) by omitting from paragraph (1) (d) “, or to transfer a related commercial licence and all commercial translator licences (if any) associated with the related commercial licence,” and substituting “or a related commercial licence”;
(c) by omitting from sub-section (1) “one commercial licence and, if necessary, one or more commercial translator licences,” and substituting “a commercial licence”;
(d) by omitting from sub-section (1) “area served in pursuance” and substituting “service area”;
(e) by omitting from sub-section (2) “, the related commercial licence and all commercial translator licences (if any) associated with the related commercial licence” and substituting “and the related commercial licence”; and
(f) by omitting from paragraph (3) (a) “and all commercial translator licences (if any) associated with the related commercial licence”.
(a) by omitting from sub-section (1) “Subject to section 89, the” and substituting “The”;
(b) by inserting in paragraph (1) (a) “in the case of a licence other than a remote licence,” before “it appears”;
(c) by omitting from sub-sub-paragraph (1) (a) (ii) (b) “effectively to operate the broadcasting station or television station, as the case may be, to which the licence relates” and substituting “to provide an adequate and comprehensive service pursuant to the licence or, in the case of a re-broadcasting licence or a re-transmission licence, to provide the service to which the licence relates”;
(d) by omitting from sub-paragraph (1) (a) (iii) “or”; and
(e) by omitting paragraph (1) (b) and substituting the following paragraphs:
“(aa) in the case of a remote licence, it appears to the Tribunal that it is advisable in the public interest to do so, having regard to the following matters or circumstances:
(i) the Tribunal is satisfied that the licensee has failed to comply with the undertaking given under sub-section 83 (5) or 86 (10), as the case may be, in relation to the licence;
(ii) the Tribunal is satisfied that the licensee—
(a) is no longer a fit and proper person to hold the licence; or
(b) no longer has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence;
(iii) the Tribunal is satisfied that a condition of the licence has not been complied with;
(iv) any other matters or circumstances that the Tribunal considers relevant; or
(b) in the case of a commercial licence, remote licence or supplementary licence—the Tribunal is satisfied that the licensee has failed to pay an amount payable by the licensee under the
Radio Licence Fees Act 1964 or theTelevision Licence Fees Act 1964 ,as the case requires.”.
“89. (1) A licensee may, by notice in writing to the Tribunal, request the Tribunal to accept the surrender of a licence.
“(2) Where a request is made in accordance with sub-section (1), the Tribunal shall, by notice in writing to the licensee, accept the surrender of the licence, and the licence ceases to have effect from the date specified for the purpose in the notice of the Tribunal.
“(3) Where the holder of a commercial licence is also the holder of a related supplementary licence, a request under sub-section (1) in relation to the commercial licence is of no effect unless, at the same time, the licensee also makes a request under that sub-section in relation to the related supplementary licence.”.
(a) by omitting sub-section (1b);
(b) by inserting in paragraph (1d) (c) “in the case of a licence other than a remote licence,” before “it appears”;
(c) by omitting from sub-sub-paragraph (1d) (c) (i) (b) “effectively to operate the relevant broadcasting station or television station, as the case may be” and substituting “to provide an adequate and comprehensive service pursuant to the licence or, in the case of a re-broadcasting licence or a re-transmission licence, to provide the service to which the licence relates”;
(d) by omitting sub-sub-paragraphs (1d) (c) (ii) (a) and (b) and substituting the following sub-sub-paragraphs:
“(a) the licence is a commercial licence whose service area is not a metropolitan service area; and
(b) the service area of the licence overlaps the service area of one or more licences of a kind to which sub-sub-paragraph (a) applies,”;
(e) by omitting from sub-paragraph (1d) (c) (ii) “or” (last occurring);
(f) by inserting after paragraph (1d) (c) the following paragraph:
“(ca) where the licence is a remote licence, it appears to the Tribunal, having regard to the following matters or circumstances, that it is advisable in the public interest to refuse consent:
(i) it is not satisfied that the person—
(a) is a fit and proper person to hold the licence;
(b) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and
(c) is otherwise capable of complying with the conditions of the licence;
(ii) subject to the desirability of ensuring that, in all parts of Australia, there are available at least one service provided pursuant to a commercial radio licence or remote radio licence and one service provided pursuant to a commercial television licence or remote television licence, the need to avoid an undue concentration of the ownership or control, direct or indirect, of the media in the service area of the licence;
(iii) the likelihood that, if the Tribunal gave consent, a person would, in relation to the licence or the holder of the licence, contravene an order of the Tribunal made for the purposes of section 92v;
(iv) any relevant government policy statements;
(v) any matters prescribed by regulations for the purposes of this paragraph;
(vi) any other matters or circumstances that the Tribunal considers relevant; or”;
(g) by inserting after sub-section (1d) the following sub-section:
“(1da) The reference in paragraph (1d) (ca) to the media in the service area of a licence includes a reference to—
(a) newspapers, journals and the like available in that service area; and
(b) any broadcasting service provided pursuant to another licence having a service area that overlaps the service area of the licence.”;
(h) by omitting from sub-section (1f) all the words from and including “licence for a commercial” to the end of the sub-section and substituting “commercial radio licence or a commercial television licence, as the case requires, and the whole or a substantial part of the service area of that commercial licence is coextensive with the whole or a substantial part of the service area of the supplementary licence.”; and
(j) by inserting in sub-section (5) “a remote licence or” after “relation to”.
“(1) This section applies to a commercial licence or a public licence.”.
“89c. (1) The holder of a licence other than a re-transmission licence—
(a) shall commence the service in pursuance of the licence on such date as is determined by the Tribunal; and
(b) where the technical conditions of the licence warrant are varied so as to authorize the use of an additional radiocommunications transmitter or additional radiocommunications transmitters to provide the service pursuant to the licence—shall commence to provide the service from that additional transmitter or those additional transmitters on such date as is determined by the Tribunal.
“(2) Notwithstanding sub-section (1), where the service pursuant to the licence is to be provided by means of 2 or more radiocommunications transmitters, or a variation of the technical conditions of a licence warrant authorizes the use of one or more additional radiocommunications transmitters to provide the service pursuant to the licence, the Tribunal may permit the transmission of programs by means of those transmitters to commence on such respective dates as are determined by the Tribunal.
(c) in the case of an old system licence to which paragraph (b) does not apply—the area that the Minister intends to be served pursuant to the licence;
“service specification” has the same meaning as in Part IIIb of the amended Act;
“supplementary broadcasting licence” has the same meaning as in the previous Act;
“supplementary radio licence” has the same meaning as in the amended Act;
“technical condition” has the same meaning as in Part IIIb of the amended Act;
“television station” has the same meaning as in the previous Act;
“translator station licence” means—
(a) a commercial broadcasting translator station licence;
(b) a commercial television translator station licence;
(c) a public broadcasting translator station licence; or
(d) a public television translator station licence;
“unrelated commercial broadcasting translator station licence” means a commercial broadcasting translator station licence that is not related to a licence for a commercial broadcasting station or to a supplementary broadcasting licence;
“unrelated commercial television translator station licence” means a commercial television translator station licence that is not related to a licence for a commercial television station or to a supplementary television licence;
“unrelated public broadcasting translator station licence” means a public broadcasting translator station licence that is not related to a public broadcasting licence;
“unrelated public television translator station licence” means a public television translator station licence that is not related to an old public television licence.
(a) a commercial broadcasting translator station licence shall be taken to be related to a licence for a commercial broadcasting station if, and only if—
(i) one of the conditions of the commercial broadcasting translator station licence is that the station is operated only for the reception and re-transmission of the programs of a specified commercial broadcasting station; and
(ii) the holder of the commercial broadcasting translator station licence is also the holder of the licence for that specified commercial broadcasting station;
(b) a commercial television translator station licence shall be taken to be related to a licence for a commercial television station if, and only if—
(i) one of the conditions of the commercial television translator station licence is that the station is operated only for the
reception and re-transmission of the programs of a specified commercial television station; and
(ii) the holder of the commercial television translator station licence is also the holder of the licence for that specified commercial television station;
(c) a public broadcasting translator station licence shall be taken to be related to a public broadcasting licence if, and only if—
(i) one of the conditions of the public broadcasting translator station licence is that the station is operated only for the reception and re-transmission of the programs of a specified public broadcasting station; and
(ii) the holder of the public broadcasting translator station licence is also the holder of the licence for that specified public broadcasting station; and
(d) a public television translator station licence shall be taken to be related to a public television licence if, and only if—
(i) one of the conditions of the public television translator station licence is that the station is operated only for the reception and re-transmission of the programs of a specified public television station; and
(ii) the holder of the public television translator station licence is also the holder of the licence for that specified public television station.
(a) a licence for a commercial broadcasting station corresponds to a commercial radio licence;
(b) a licence for a commercial television station corresponds to a commercial television licence;
(c) an unrelated commercial broadcasting translator station licence, an unrelated commercial television translator station licence, an unrelated public broadcasting translator station licence, an unrelated public television translator station licence, a national broadcasting translator station licence or a national television translator station licence corresponds to a re-broadcasting licence;
(d) a public broadcasting licence corresponds to a public radio licence;
(e) an old public television licence corresponds to a new public television licence;
(f) an old re-transmission licence corresponds to a new re-transmission licence;
(g) a supplementary broadcasting licence corresponds to a supplementary radio licence; and
(h) an old supplementary television licence corresponds to a new supplementary television licence,
and licences shall not be taken to correspond except as provided by this sub-section.
(a) subject to this Part, in relation to, and in relation to the holders of and stations operated pursuant to, old system licences that are in force (whether or not suspended) on the commencement date including old system licences as renewed or further renewed under that Act;
(b) in relation to the lodging of applications, submissions and replies, the holding of inquiries and the granting of licences, pursuant to notices that were published under sub-section 82 (1) of the previous Act before the commencement date;
(c) in relation to applications, the lodging of submissions and replies and the holding of inquiries in relation to applications, and the granting of licences pursuant to applications, being applications that were lodged under sub-section 82a (2) of the previous Act before the commencement date; and
(d) in relation to licences that are granted as a result of the application of the previous Act in accordance with paragraph (b) or (c).
(a) the Minister shall determine—
(i) the service specifications to which it is proposed that the new system licence is to be subject; and
(ii) the technical conditions proposed to be included in the licence warrant in respect of the new system licence;
(b) the Minister, or an officer authorized by the Minister in writing for the purposes of this paragraph, shall give the licensee notice in writing—
(i) specifying the direction proposed to be given by the Minister; and
(ii) informing the licensee that the licensee may, not later than a specified date (being a date not earlier than 14 days after the date of the notice), make representations to the Minister relating to the proposed direction;
(c) if the service area determined by the Minister in respect of the new system licence is not substantially coextensive with the service area or service areas of the old system licence or licences in substitution for which the new system licence is proposed to be granted—the Minister, or an officer authorized by the Minister in writing for the purposes of this paragraph, shall also publish, in the
Gazette and in a newspaper or newspapers (if any) circulating in the service area or service areas of that old system licence or those old system licences and in the proposed service area of the new system licence, a notice—(i) specifying the direction proposed to be given by the Minister; and
(ii) notifying interested persons that they may, not later than a specified date (being a date not earlier than 21 days after the date of publication of the notice in the
Gazette ), make representations to the Minister relating to the proposed direction; and(d) the Minister shall have regard to any representations so made.
(a) in relation to a public radio licence or a new public television licence, include, as the special purpose for which the licence is granted, the special purpose for which the main corresponding old system licence was granted; and
(b) in relation to a re-broadcasting licence or re-transmission licence, specify, as the service or services that may be re-broadcast or re-transmitted, the service or services that was or were permitted to be re-broadcast or re-transmitted pursuant to the corresponding old system licence.
(a) the conditions of the licence are—
(i) the service specifications determined by the Minister under paragraph (3) (a), including any variations determined by the Minister after having had regard to any representations made pursuant to paragraph (3) (b) or (c); and
(ii) the conditions that were imposed by the Tribunal in respect of the corresponding old system licence or licences; and
(b) the corresponding old system licence or licences cease to have effect.
(a) shall be deemed to have been granted under section 81 of the amended Act; and
(b) subject to the amended Act, continues in force until the date that would have been the expiry date of the main corresponding old system licence.
(a) no fee is payable under those Acts in respect of the grant of a licence under sub-section (1); and
(b) in determining the date that is an anniversary of the date of commencement of a licence granted under sub-section (1), the date of commencement of the licence shall be deemed to be the same as the date that was the date of commencement of the main corresponding old system licence.
(a) a reference to a commercial radio licence included a reference to a licence for a commercial broadcasting station;
(b) a reference to a commercial television licence included a reference to a licence for a commercial television station; and
(c) the service area of a licence for a commercial radio station or a licence for a commercial television station were the area that is the service area of that licence determined in accordance with the definition of “service area” in section 96 of this Act.
(a) amends a provision of the Principal Act; or
(b) repeals and re-enacts (with or without modifications) a provision of the Principal Act,
any act done or decision made under or pursuant to the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under or pursuant to the provision as so amended or re-enacted.
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for giving effect to this Act.
Omit “Part IV”, substitute “Part IIIb”.
Omit “or televising”.
Omit “or televised”.
Omit “or televised”.
Omit “and television in Australia under section 106a”, substitute “in Australia under section 124”.
Omit “or television services or both”.
Omit “or television”.
Omit “broadcasting”, substitute “radio”.
Omit “broadcasting”, substitute “radio”.
Omit “and television”.
Omit “or television”.
Omit “of Part IV,”.
Omit “of Part IV,”.
Omit “of Part IV,”.
Omit “106b”, substitute “125”.
Omit “106b”, substitute “125”.
Omit “or televise”.
Omit “or televising of programs from his station”, substitute “of programs”.
Omit “from a commercial broadcasting station or televised from a commercial television station”, substitute “by a licensee”.
Omit “or televise”.
Omit “or televise”.
Omit “or televising”.
Omit “or televise”.
Omit “or televise”.
Omit “or televise”.
Omit “or televising” (wherever occurring).
Omit “or televise”.
Omit “or televise”.
Omit “or televise from his station”.
(a) Omit “or televise from his station”.
(b) Omit “or televising”.
Omit “or televising”.
Omit “or television”.
Omit “or television”.
(a) Omit “and television”, substitute “services”.
(b) Omit “106”, substitute “123”.
Omit “106b”, substitute “125”.
Omit “Part”, substitute “Act”.
Omit “and television”.
Omit “and television”.
Omit “and television”.
Omit “111c”, substitute “125d”.
Omit “broadcasting”, substitute “radio”.
Omit “or televised”.
Omit “or televise”.
Omit “or televises” and “or televising”.
Omit “or televise”.
Omit “or televise”.
Omit “or televised” (wherever occurring).
Omit “or televising”.
Omit “or televised”.
Omit “or televise”.
Omit “or televising” (wherever occurring).
(a) Omit “or televising” (wherever occurring).
(b) Omit “broadcast or televised from a broadcasting station or a television station, as the case may be”, substitute “that has been broadcast”.
Omit “or televising” (wherever occurring).
Omit “broadcasting”, substitute “radio”.
Omit “or televise”.
Omit “111c”, substitute “125d”.
1. No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No. 64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33, 65 and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82, 1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47, 1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49, 1972; No. 50, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 55, 1974; No. 56, 1975; Nos. 89, 157 and 187, 1976; No. 160, 1977; Nos. 36, 52 and 210, 1978; Nos. 143 and 177, 1980; Nos. 61, 113 and 153, 1981; No. 154, 1982; Nos. 7, 37, 39, 91 and 136, 1983; and Nos. 10, 63 and 72, 1984.
NOTES ABOUT SECTION HEADINGS
1.
The headings to sections 103 and 118 of the
2.
The heading to section 119 of the
[
House of Representatives on 15 May 1985
Senate on 28 May 1985
0
0
0