Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 .
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.
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.
This Act does not extend to Norfolk Island.
In this Part, unless the contrary intention appears:
Broadcasting Act means theBroadcasting Act 1942 .
Tribunal means the Australian Broadcasting Tribunal formerly constituted under theBroadcasting Act 1942 .
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.
(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.
(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
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 | 105, 1992 | 9 July 1992 | 5 Oct 1992 ( | |
Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 | 167, 1992 | 11 Dec 1992 | 1 July 1993 | — |
Transport and Communications Legislation Amendment Act (No. 3) 1992 | 216, 1992 | 24 Dec 1992 | ss. 64–66: 24 Dec 1992 | — |
Broadcasting Services Legislation Amendment Act 1997 | 143, 1997 | 8 Oct 1997 | 8 Oct 1997 | — |
Broadcasting Legislation Amendment Act (No. 2) 2002 | 120, 2002 | 2 Dec 2002 | Schedules 1 and 2: 30 Dec 2002 Remainder: 2 Dec 2002 | — |
Statute Law Revision Act 2006 | 9, 2006 | 23 Mar 2006 | Schedule 2 (item 8): 5 Oct 1992 (s 2(1) item 25) | — |
Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Schedule 1 (item 29): 29 June 2013 | — |
Omnibus Repeal Day (Autumn 2014) Act 2014 | 109, 2014 | 16 Oct 2014 | Sch 2 (items 184–186): 17 Oct 2014 (s 2(1) item 2) | — |
Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 2 (items 1–3): 10 Dec 2015 (s 2(1) item 3) | — |
Territories Legislation Amendment Act 2016 | 33, 2016 | 23 Mar 2016 | Sch 5 (item 22): 1 July 2016 (s 2(1) item 7) | — |
s 3A....................................... | ad No 33, 2016 |
s. 4........................................ | am. No. 167, 1992; No 109, 2014 |
Division 2 heading.................. | rep No 145, 2015 |
s 5......................................... | rep No 109, 2014 |
s 6......................................... | rep No 109, 2014 |
s 7......................................... | rep No 109, 2014 |
s 8......................................... | rep No 109, 2014 |
s 9......................................... | rep No 109, 2014 |
s. 10....................................... | am. No. 167, 1992 |
rep No 109, 2014 | |
s 11........................................ | rep No 109, 2014 |
s. 12....................................... | am. No. 216, 1992 |
rep No 109, 2014 | |
s 13........................................ | rep No 109, 2014 |
s 14........................................ | rep. No. 143, 1997 |
s 15........................................ | rep No 143, 1997 |
s 16........................................ | rep No 109, 2014 |
s 18........................................ | rep No 109, 2014 |
s 20........................................ | rep No 109, 2014 |
Division 4 heading.................. | rep No 145, 2015 |
s 21........................................ | rep No 109, 2014 |
s. 22....................................... | am. No. 216, 1992 |
rep. No. 143, 1997 | |
s 23........................................ | rep No 109, 2014 |
s 24........................................ | rep No 109, 2014 |
s 26........................................ | rep No 109, 2014 |
s 27........................................ | rep No 109, 2014 |
s 28........................................ | rep No 109, 2014 |
s 29........................................ | rep No 109, 2014 |
s 30........................................ | rep No 109, 2014 |
Division 5 heading.................. | rep. No. 103, 2013 |
s. 27....................................... | am. No. 167, 1992 |
Part 3 heading......................... | rep No 145, 2015 |
s. 28....................................... | am. No. 120, 2002 |
Schedule 1.............................. | rep No 109, 2014 |
Schedule 2.............................. | am. No. 9, 2006 |
rep No 109, 2014 |
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