Broadcasting (Ownership and Control) Act 1989

Legislation au C2004A03779 Not in force Act

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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) Act 1989.

(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:

(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

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;

(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.”;

“(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]

Overview

The Broadcasting (Ownership and Control) Act 1989 (C2004A03779) was enacted by the Commonwealth Parliament to address the problem of ensuring that broadcasting services in Australia remained diverse and competitive, particularly in light of changes in broadcasting technology and ownership patterns. This Act amends the Broadcasting Act 1942 to introduce specific controls on the ownership and control of broadcasting services, ensuring that the interests of the public are protected. The Act includes provisions that establish limits on the number of broadcasting licences that can be held by a single entity and restricts cross-media ownership to prevent undue concentration of media power. The policy objective behind this legislation is to maintain a plurality of voices and prevent monopolistic control over the broadcast media, thereby fostering a healthy and diverse broadcasting industry.

Scope and Application

The Broadcasting (Ownership and Control) Act 1989 applies to entities and individuals involved in the granting and control of broadcasting licences, particularly commercial radio and television broadcasters, within the Commonwealth of Australia. It amends the Broadcasting Act 1942 by introducing provisions that address ownership and control limits for broadcasting licences, particularly in relation to new system licences granted under the Broadcasting and Television Amendment Act 1985. The Act's provisions apply to licences with a substantial market in common and address specific scenarios where the Minister may make declarations and notifications affecting these licences. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does contain provisions that modify or introduce new limits on ownership and control, especially for metropolitan commercial radio licences in the same State and cross media interests between commercial television and radio licences. The application and interpretation of the Act may be further defined or extended through subordinate instruments, which would provide additional rules or clarifications to the primary provisions of the Act.

Key Provisions

The Broadcasting (Ownership and Control) Act 1989 (C2004A03779) primarily operates by amending the Broadcasting Act 1942 (the "Principal Act"). It introduces a series of provisions that govern the ownership and control of broadcasting services in Australia. The key operative sections include amendments to sections 89t, 91aad, 92s, 92za, 92zb, 92zc, 92ze, 92zk, and 92zl of the Principal Act. These amendments introduce specific conditions under which broadcasting licences granted under the Broadcasting and Television Amendment Act 1985 are subject to certain regulatory requirements. The Act imposes several obligations and requirements on the parties it governs. For instance, section 89t mandates that if a new system licence replaces an old system licence, the new licence is treated as if it had been granted before a specific date, 29 October 1987, and with the same service area as the old licence. Similarly, section 91aad ensures that population notices related to old system licences apply to the new system licences. Furthermore, section 92za clarifies that if a person held an old system licence, they are deemed to have held the new system licence as well, subject to certain conditions. The Act also imposes restrictions on the pairing of commercial radio licences and limits on directorships that could influence control over commercial television licences. In terms of offences, penalties, and consequences for breach, the Act does not explicitly outline criminal or civil penalties within its text. However, breaches of the provisions in the Principal Act, as amended by this Act, could result in administrative actions such as the suspension or revocation of broadcasting licences, fines, or other sanctions as provided under the Principal Act. The maximum penalties for such breaches would be as per the existing provisions of the Principal Act, which typically involve fines up to certain monetary limits and potential imprisonment terms. It is important to note that while the Broadcasting (Ownership and Control) Act 1989 itself does not specify detailed penalties, the enforcement of its provisions falls under the broader regulatory framework established by the Broadcasting Act 1942. Therefore, any breach of the Act’s provisions could lead to consequences as outlined in the overarching regulatory regime of the Principal Act.

Area of Law: Media & Entertainment Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Delegated & Subordinate Legislation; Licensing & Registration; Prohibited Conduct

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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