Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992
No. 105, 1992
Compilation No. 7
Compilation date: 1 July 2016
Includes amendments up to: Act No. 33, 2016
Registered: 7 July 2016
About this compilation
This compilation
This is a compilation of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation—expressions used in the Broadcasting Services Act
3A Act does not extend to Norfolk Island
Part 2—Transitional provisions
Division 1—Preliminary
4 Interpretation
Division 3—Directorships and control
17 Special provision for certain directorships
19 Grandfathering of existing interests relevant to control
25 Continuation of secrecy provision
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to make transitional arrangements and consequential amendments as a result of the enactment of the Broadcasting Services Act 1992
Part 1—Preliminary
1 Short title
This Act may be cited as the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992.
2 Commencement
This Act commences on the day fixed under subsection 2(2) of the Broadcasting Services Act 1992 or on the day applicable under subsection 2(3) of that Act, as the case requires.
3 Interpretation—expressions used in the Broadcasting Services Act
In this Act, unless the contrary intention appears, expressions that are defined in section 6 of the Broadcasting Services Act 1992 have the same meaning when used in this Act.
3A Act does not extend to…
Overview
The Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 (Cth) was enacted to provide transitional and consequential amendments following the introduction of the Broadcasting Services Act 1992 (Cth). This Act was passed by the Australian Parliament to ensure a smooth transition from the previous broadcasting regulatory framework to the new regime established by the Broadcasting Services Act 1992. The purpose of this Act is to address any inconsistencies or gaps that may arise as a result of the transition to the new broadcasting legislation. The Act includes provisions to maintain continuity in the regulatory framework, protect existing interests, and ensure the effective operation of the new broadcasting services legislation. It provides for the continuation of certain existing directorships, grandfathering of existing interests, and the transfer of documents and information from the Australian Broadcasting Tribunal to the Australian Broadcasting Authority.
Scope and Application
The Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 applies to transitional arrangements and consequential amendments arising from the enactment of the Broadcasting Services Act 1992. It applies to individuals and entities involved in broadcasting services, including those who held directorships or had control over entities before the commencement of the new Act. The Act does not extend to Norfolk Island and provides specific provisions for the continuation of certain directorships and control measures that were grandfathered in from the previous legislative framework. The Act also includes provisions for the transfer of documents and secrecy obligations from the former Australian Broadcasting Tribunal to the Australian Broadcasting Authority. It has been subject to various amendments and revisions over the years, as evidenced by the legislative history, with certain sections and schedules being repealed or modified through subsequent acts.
Key Provisions
- The Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 (the Act) contains several key provisions to ensure a smooth transition following the enactment of the Broadcasting Services Act 1992. Section 17 provides special provisions for certain directorships, ensuring that if a person was a director of a company before the commencement of the Act and their holding of that directorship would otherwise be a contravention of the new Act, it will not be considered a contravention. Section 19 allows for the grandfathering of existing interests relevant to control, meaning that if a person was not in contravention of certain provisions of the Broadcasting Act 1942 before the commencement of this Act, they will not be taken to be in contravention of the corresponding provisions of the new Act if their circumstances remain unchanged. Section 25 ensures the continuation of secrecy provisions, granting the Australian Broadcasting Authority (ABA) entitlement to documents in the possession of the Australian Broadcasting Tribunal immediately before the commencement of this Act.
- The Act imposes obligations on individuals and entities to comply with the transitional provisions outlined, ensuring a seamless transition from the old regime to the new. For example, section 17 requires individuals who were directors before the Act's commencement to continue their roles without being considered in breach of the new Act. Section 19 imposes an obligation on the ABA to assess and apply the grandfathering provisions to individuals in specific circumstances, ensuring that they are not unfairly disadvantaged by the changes. Section 25 imposes a duty on the ABA to take possession of relevant documents from the Tribunal and maintain the confidentiality of the information contained within those documents, in accordance with the repealed secrecy provisions.
- The Act also includes provisions for offences, penalties, and consequences for breaches. While the specific penalties are not outlined in detail within the Act itself, it is understood that contraventions of the provisions may result in penalties as prescribed under the Broadcasting Services Act 1992. These penalties may include fines, imprisonment, or both, depending on the nature and severity of the offence. Additionally, individuals or entities found in breach of the Act's provisions may face civil or criminal consequences as determined by the courts, in line with the applicable laws and regulations.
- Area of Law
- Media & Entertainment Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Transitional Provisions
- Reporting & Disclosure Obligations