Broadcasting (Ownership and Control) Act 1989 (Cth)

Broadcasting (Ownership and Control) Act 1989

No. 31 of 1989

An Act to amend the Broadcasting Act 1942

[Assented to 24 May 1989]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Broadcasting (Ownership and Control) Act1989.

(2) In this Act, “Principal Act” means the Broadcasting Act 19421.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Licences having a substantial market in common

3. Section 89t of the Principal Act is amended by inserting after subsection (8) the following subsection:

“(8a) Where:

(a) a licence (in this subsection called the ‘new system licence’) is, or has at any time been, granted under section 99 or 99a of the Broadcasting and Television Amendment Act 1985 in substitution for another licence or other licences (in this subsection called the ‘old system licence or licences’); and

(b) the Minister makes a declaration under subsection (2) in relation to the new system licence;

subsection (8) applies to the new system licence as if:

(c) the new system licence had been granted immediately before 29 October 1987; and

(d) the service area of the new system licence, at any time when the old system licence or any of the old system licences was in force, had been the same as the service area, at that time, of the old system commercial broadcasting station licence, or old system commercial television station licence, for which the new system licence was substituted.”.

Minister may notify population figures

4. Section 91aad of the Principal Act is amended by inserting after subsection (7) the following subsection:

“(7a) Where:

(a) a licence (in this subsection called the ‘new system licence’) is, or has at any time been, granted under section 99 or 99a of the Broadcasting and Television Amendment Act 1985 in substitution for another licence (in this section called the ‘old system licence’);

(b) immediately before the grant of the new system licence, a notice under this section was in force in relation to the old system licence; and

(c) the grant of the new system licence is one to which paragraph (7) (b) or (c) applies;

the notice has effect, at any time after the grant of the new system licence, as if the notice had been published in relation to the new system licence.”.

Penalties

5. Section 92s of the Principal Act is amended by omitting from subsection (2) “89j (6)” and substituting “89q (6)”.

Interpretation

6. Section 92za of the Principal Act is amended by omitting subsection (4) and substituting the following subsections:

“(4) Where a licence (in this subsection called the ‘new system licence’) is, or has at any time been, granted to a person under section 99 or 99a of the Broadcasting and Television Amendment Act 1985 in substitution for another licence or other licences (in this subsection called the ‘old system licence or licences’), the following provisions have effect for the purposes of

the application of this Division at any time after the grant of the new system licence:

(a) the person shall be taken to have held the new system licence at all times when the person held the old system licence or any of the old system licences;

(b) if the new system licence is a commercial television licence—any number specified in a notice under section 91aad as the population of the service area of the old system commercial television station licence for which the new system licence was substituted shall also be taken to have been specified in that notice in relation to the new system licence;

(c) if:

(i) immediately before the grant of the new system licence, a declaration (in this paragraph called the ‘first declaration’) under section 89t was in force in relation to a pair of licences that consists of:

(a) the old system licence or one of the old system licences; and

(b) another licence (in this paragraph called the ‘paired licence’); and

(ii) on the grant of the new system licence, a declaration (in this paragraph called the ‘second declaration’) under section 89t is or was made in relation to a pair of licences that consists of:

(a) the new system licence; and

(b) the paired licence or a licence substituted for the paired licence;

the second declaration shall be taken to have been in force throughout the period that commenced on the day on which the first declaration was made and ended immediately before the grant of the new system licence.

“(4a) The reference in sub-subparagraph (4) (c) (ii) (b) to a licence substituted for the paired licence is a reference to a licence granted under section 99 or 99a of the Broadcasting and Television Amendment Act 1985 in substitution for the paired licence or for licences that included the paired licence.”.

New radio interest limits—introduced by Broadcasting (Ownership and Control) Act 1988

7. Section 92zb of the Principal Act is amended by inserting after subsection (3) the following subsection:

“(3a) Subsection (3) does not apply to the pairing of 2 commercial radio licences under section 89t if, immediately before 29 October 1987, both the licences were metropolitan commercial radio licences in the same State.”.

New radio directorship limits—introduced by Broadcasting (Ownership and Control) Act 1988

8. Section 92zc of the Principal Act is amended by inserting after subsection (3) the following subsection:

“(3a) Subsection (3) does not apply in relation to a pair of commercial radio licences if, immediately before 29 October 1987, both the licences were metropolitan commercial radio licences in the same State.”.

Section 92c 60% directorship limit—introduced by Broadcasting (Ownership and Control) Act 1987

9. Section 92ze of the Principal Act is amended by inserting after subsection (2) the following subsection:

“(2a) Where:

(a) at a particular time, subsection (1) applies, or but for subsection (2) would apply, to a person because the person is a director of 2 or more companies that are, between them, in a position to exercise control of commercial television licences; and

(b) at a later time, an extension of the service area of any of the licences takes place under section 94s or 94zh;

subsection (1) ceases to apply, or does not again commence to apply, as the case requires, in relation to the person’s holding of those directorships.”.

Television/radio cross media interest limit—introduced by Broadcasting (Ownership and Control) Act 1987 and modified by Broadcasting (Ownership and Control) Act 1988

10. Section 92zk. of the Principal Act is amended by inserting after subsection (2) the following subsection:

“(2a) Subsection (2) does not apply to the pairing of a commercial television licence and a commercial radio licence if, immediately before 29 October 1987, the commercial radio licence had an area of monopoly within the service area of the commercial television licence.”.

Television/radio cross media directorship limit—introduced by Broadcasting (Ownership and Control) Act 1987 and modified by Broadcasting (Ownership and Control) Act 1988

11. Section 92zl of the Principal Act is amended:

(a) by omitting from paragraph (1) (d) “and”;

(b) by adding at the end of subsection (1) the following word and paragraph:

“; and (f) either:

(i) the holding of those directorships immediately before 29 October 1987 did not result in a contravention of section 92fad by virtue of paragraph 92fad (1) (a) and subparagraph 92fad (1) (a) (i) (as in force at that time); or

(ii) on or after 29 October 1987, action has been taken that, if it had been taken before that day, would have caused the holding of those directorships not to result in such a contravention.”;

(c) by inserting after subsection (2) the following subsection:

“(2a) Subsection (2) does not apply to a commercial television licence and a commercial radio licence if, immediately before 29 October 1987, the commercial radio licence had an area of monopoly within the service area of the commercial television licence.”.

Delegation by Minister

12. Section 125g of the Principal Act is amended by inserting after paragraph (d) the following paragraphs:

“(da) section 89t;

(db) section 89u;

(dc) section 89v;

(dd) subsection 90 (1b);

(de) section 91aad;”.

NOTE

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; Nos. 10, 63, 72, 163 and 165, 1984; Nos. 66 and 191, 1985; Nos. 2 and 76, 1986; Nos. 68, 79, 80, 134 and 184, 1987; Nos. 56, 99, 109, 146 and 147, 1988.

[Minister’s second reading speech made in—

House of Representatives on 30 November 1988

Senate on 2 March 1989