BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105, 1992
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1 - PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation - expressions used in the Broadcasting Services Act PART 2 - TRANSITIONAL PROVISIONS Division 1 - Preliminary 4. Interpretation Division 2 - Licences 5. Preservation of certain licences 6. Remote Aboriginal community services 7. Terms of preserved licences 8. Licence areas of preserved licences 9. Conditions of licences 10. Authority to operate radiocommunications transmitters 11. Applications for renewal not dealt with under the Broadcasting Act 12. Pending applications for grant of licences under the Broadcasting Act 13. Pending applications for grant of licences under the Broadcasting Act for services not requiring licences under the Broadcasting Services Act 14. AM/FM conversion arrangements 15. Regional radio AM/FM conversion 16. Aggregation of licence areas of existing licences in Tasmania Division 3 - Directorships and control 17. Special provision for certain directorships 18. Periods of grace for compliance with ownership and control provisions 19. Grandfathering of existing interests relevant to control 20. Protection for persons having interests in former supplementary radiolicences Division 4 - Program standards 21. Program standards Division 5 - Licence fees 22. Application of provisions of the Broadcasting Act in relation to keeping accounts and unpaid licence fees Division 6 - Miscellaneous 23. Vesting of property, rights and liabilities of the Australian Broadcasting Tribunal 24. Effect of directions and orders under Division 4 of Part IIIBA of the Broadcasting Act 25. Continuation of secrecy provision 26. Obligations to provide information or produce documents under the Broadcasting Act 27. Technical standards relating to broadcasting equipment PART 3 - REPEALS AND CONSEQUENTIAL AMENDMENTS 28. Repeal of the Broadcasting Act 29. Other repeals 30. Consequential amendments SCHEDULE 1 REPEALED ACTS SCHEDULE 2 CONSEQUENTIAL AMENDMENTS BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - LONG TITLE
An Act to make transitional arrangements and consequential amendments as a result of the enactment of the Broadcasting Services Act 1992 BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - PART 1 PART 1-PRELIMINARY
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 1 Short title
Assented to 9 July 1992 1. This Act may be cited as the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992. (Minister's second reading speech made in- Senate on 4 June 1992
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House of Representatives on 25 June 1992) BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 2 Commencement
2. 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. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 3 Interpretation - expressions used in the Broadcasting Services Act
3. 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. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - PART 2 PART 2 - TRANSITIONAL PROVISIONS
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - DIVISION 1 Division 1 - Preliminary
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 4 Interpretation
4. In this Part, unless the contrary intention appears: "Broadcasting Act" means the Broadcasting Act 1942; "former commercial radio licence" means a licence that was granted as a commercial radio licence under section 81 of the Broadcasting Act and that was in force under that Act immediately before the commencement of this Act; "former commercial television licence" means a licence that was granted as a commercial television licence under section 81 of the Broadcasting Act and that was in force under that Act immediately before the commencement of this Act; "former limited licence" means a licence that was granted as a limited licence under section 81 of the Broadcasting Act and that was in force under that Act immediately before the commencement of this Act; "former public radio licence" means a licence that was granted as a public radio licence under section 81 of the Broadcasting Act and that was in force under that Act immediately before the commencement of this Act; "former remote radio licence" means a licence that was granted as a remote radio licence under section 81 of the Broadcasting Act and that was in force under that Act immediately before the commencement of this Act; "former remote television licence" means a licence that was granted as a remote television licence under section 81 of the Broadcasting Act and that was in force under that Act immediately before the commencement of this Act; "former retransmission permit" means a permit that was granted as a retransmission permit under section 89DA of the Broadcasting Act and that was in force under that Act immediately before the commencement of this Act; "former supplementary radio licence" means a licence that was granted as a supplementary radio licence under section 81 of the Broadcasting Act following an application under section 82A of that Act and that was in force under that Act immediately before the commencement of this Act; "former term", in relation to a licence or permit granted under the Broadcasting Act and in force immediately before the commencement of this Act, means the period for which the licence or permit was granted under the Broadcasting Act; "new Act" means the Broadcasting Services Act 1992; "Radcom Act" means the Radio Communications Act 1983; "Tribunal" means the Australian Broadcasting Tribunal formerly constituted under the Broadcasting Act 1942. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - DIVISION 2 Division 2 - Licences
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 5 Preservation of certain licences
5.(1) On the commencement of this Act: (a) each former commercial radio licence continues in force as a commercial radio broadcasting licence as if such a licence had been allocated to the holder under Part 4 of the new Act; and (b) each former commercial television licence continues in force as a commercial television broadcasting licence as if such a licence had been allocated to the holder under Part 4 of the new Act; and (c) each former public radio licence continues in force as a community broadcasting licence as if such a licence had been allocated to the holder under Part 6 of the new Act; and (d) each former remote radio licence continues in force as a commercial radio broadcasting licence as if such a licence had been allocated to the holder under Part 4 of the new Act; and (e) each former remote television licence continues in force as a commercial television broadcasting licence as if such a licence had been
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allocated to the holder under Part 4 of the new Act; and (f) each former supplementary radio licence continues in force as a commercial radio broadcasting licence as if such a licence had been allocated to the holder under Part 4 of the new Act. (2) A broadcasting service provided immediately before the commencement of this Act under a former limited licence is, for the purposes of the new Act, taken to be an open narrowcasting service for the remainder of the former term of the licence.
(3) A radio broadcasting service that was, immediately before the commencement of this Act, being provided under the Broadcasting and Television Act 1942 as in force immediately before the day fixed by Proclamation under subsection 2(1) of the Broadcasting and Television Amendment Act 1985 is, for the purposes of paragraph (1)(a), taken to be provided under a former commercial radio licence. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 6 Remote Aboriginal community services
6.(1) Notwithstanding anything contained in the new Act, a broadcasting service provided, immediately before the commencement of this Act, for remote Aboriginal community purposes referred to in subsection 81B(7) of the Broadcasting Act in relation to a community declared, under subsection 81B(9) of the Broadcasting Act, to be a remote Aboriginal community is taken to be a service provided under a community broadcasting licence.
(2) A community broadcasting licence is taken to have been granted, on that commencement, in respect of each service to which subsection (1) applies, to: (a) the incorporated media association representing the Aboriginal community for which that service is provided; or (b) if there is no such association - the incorporated community council, however described, representing that community. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 7 Terms of preserved licences
7. Subject to any action taken under the new Act, the term of a licence to which subsection 5(1) applies is that part of its former term which remained at the commencement of this Act, but the licence may be renewed under the new Act. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 8 Licence areas of preserved licences
8.(1) Subject to any action taken under the new Act and to section 15, a licence to which subsection 5(1) applies has as its licence area the area that was the service area of the former licence under the Broadcasting Act immediately before the commencement of this Act. (2) The ABA must take the licence areas referred to in subsection (1) into account in preparing a licence area plan under section 26 of the new Act.
(3) The licence area of a licence to which subsection 5(1) applies by virtue of subsection 5(3) is such area as the ABA, in its absolute discretion, determines. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 9 Conditions of licences
9.(1) The conditions applicable to a licence to which subsection 5(1) applies are: (a) the conditions applicable to the licence under Schedule 2 of the new Act and any additional conditions imposed by the ABA under the new Act; and (b) in the case of a former public radio licence to which a matter referred to in paragraph (a) of the definition of "service specification" in subsection 4 (1) of the Broadcasting Act applied immediately before the commencement of this Act - a condition that the licensee will comply with that matter; and (c) if: (i) the Tribunal had, under section 81 or 85 of the Broadcasting Act, imposed or varied a condition on the former licence; and (ii) that condition applied to the former licence immediately before the commencement of this Act; and (iii) that condition is not inconsistent with the new Act or with an additional condition imposed by the ABA under the new Act; a condition that the licensee will comply with that condition; and (d) if the Minister had approved an implementation plan in relation to the licence under section 94N or 94P of the Broadcasting Act and that plan was in force immediately before the commencement of this Act - a condition that the licensee will comply with the plan as in force at that time. (2) A condition referred to in paragraph (1)(b) or (c) is, for the purposes of the new Act, taken to be a condition determined in writing by the ABA under that Act.
(3) The Minister may vary the condition referred to in paragraph (1)(d) in the same manner as the Minister could have varied the implementation plan under section 94Q of the Broadcasting Act. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 10 Authority to operate radiocommunications transmitters
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10.(1) A licence warrant granted under the Broadcasting Act in relation to a former licence continued in force under subsection 5(1) ("the related licence") continues in force as a transmitter licence under section 24B of the Radcom Act as if such a licence had been granted under that section to the licensee of the related licence.
(2) A transmitter licence to which subsection (1) applies is a licence to operate and to possess a radiocommunications transmitter or transmitters for the purpose of transmitting a broadcasting service in accordance with the related licence.
(3) A licence warrant granted under the Broadcasting Act in relation to a former limited licence to which subsection 5(2) applies continues in force as a transmitter licence under section 24 of the Radcom Act as if such a licence had been granted under that section to the licensee of the former limited licence.
(4) A transmitter licence to which subsection (3) applies is a licence to operate and to possess a radiocommunications transmitter or transmitters for the purpose of transmitting the open narrowcasting service referred to in subsection 5(2).
(5) A former retransmission permit that related to the retransmission of programs continues in force as a transmitter licence under section 24 of the Radcom Act as if such a licence had been granted under that section to the holder of the former retransmission permit.
(6) A transmitter licence to which subsection (5) applies is a licence to operate and to possess a radiocommunications transmitter or transmitters for the purpose of transmitting the same service as was provided immediately before the commencement of this Act under the former retransmission permit.
(7) Subject to subsection (10), the conditions of a transmitter licence referred to in subsection (1) or (3) are: (a) the conditions that applied to the former licence warrant under the Broadcasting Act; and (b) a condition that the holder of the licence must comply with the provisions of the Radcom Act. (8) Notwithstanding anything contained in the Radcom Act but subject to subsection (10), the conditions of a transmitter licence referred to in subsection (5) are: (a) the conditions of the former retransmission permit; and (b) a condition that the holder of the licence must comply with the provisions of the Radcom Act. (9) A transmitter licence to operate and to possess a radiocommunications transmitter or transmitters for the purpose of transmitting a broadcasting service in accordance with a community broadcasting licence referred to in subsection 6(2) is taken to have been granted, on the commencement of this Act, under section 24B of the Radcom Act to the incorporated body referred to in that subsection.
(10) The Minister may, by notice in writing given to the holder of a transmitter licence referred to in subsection (1), (3) or (5): (a) impose one or more further conditions to which the licence is subject; or (b) revoke or vary any condition of the licence, other than the condition specified in paragraph 7(b) or 8(b). (11) The Minister must not impose a condition which is inconsistent with the new Act or with a condition of the relevant licence or class licence under that Act.
(12) A transmitter licence referred to in subsection (1) or (9): (a) subject to paragraph (b), continues in force while the related licence remains in force; and (b) does not have effect while the related licence is suspended; and (c) upon the transfer of the related licence, is taken to be granted to the person to whom the related licence is transferred. (13) Subject to any action taken under the Radcom Act: (a) a transmitter licence referred to in subsection (3) remains in force for the remainder of the former term of the former limited licence; and (b) a transmitter licence referred to in subsection (5) remains in force for the remainder of the former term of the former retransmission permit. (14) For the purposes of the application of this section to a licence referred to in subsection 5(3), any specifications in force in relation to that licence under the Broadcasting Act are taken to be a licence warrant granted under that Act. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 11 Applications for renewal not dealt with under the Broadcasting Act
11. If: (a) before the commencement of this Act, the holder of a former licence to which subsection 5(1) applies had made an application for renewal of the former licence in accordance with the Broadcasting Act; and (b) the application had not been finally dealt with before that commencement; the licence is taken to have been renewed under the Broadcasting Act immediately before that commencement.
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BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 12 Pending applications for grant of licences under the Broadcasting Act
12.(1) If: (a) before the commencement of this Act, the Minister had published a notice in accordance with subsection 82(1) of the Broadcasting Act inviting applications for the grant of commercial radio licence, a public radio licence or a remote licence; and (b) a person had applied, in accordance with the Broadcasting Act, for the grant of a licence referred to in the notice; and (c) the application was pending immediately before that commencement; the application may proceed as if: (d) the repeal effected by section 28 had not been made; and (e) references in the Broadcasting Act to the Tribunal were references to the ABA. (2) If: (a) before the commencement of this Act, a person had applied, in accordance with section 82A of the Broadcasting Act, for the grant of a supplementary radio licence; and (b) the application was pending immediately before that commencement; the application may proceed as if: (c) the repeal effected by section 28 had not been made; and (d) references in the Broadcasting Act to the Tribunal were references to the ABA. (3) For the purposes of an application referred to in subsection (1) or (2): (a) all proceedings which had taken place before the Tribunal before the commencement of this Act in respect of the application are to be regarded as having taken place before the ABA; and (b) a document lodged with or information provided to the Tribunal in respect of the application is taken to have been lodged with or provided to the ABA; and (c) unless the ABA otherwise orders, all evidence given before the Tribunal at an inquiry in respect of the application is taken to have been given before the ABA. (4) If a commercial radio licence, a public radio licence, a supplementary radio licence or a remote licence is granted in respect of an application referred to in subsection (1), subsection 5(1) applies in relation to that licence as if the licence had been granted under section 81 of the Broadcasting Act and was in force immediately before the commencement of this Act.
(5) The ABA must not allocate a licence under section 39 of the new Act in respect of a licence area (the "base licence area") until it has, under subsection (1) of this section, finally dealt with any application for the grant of a commercial radio licence in respect of a service area that would, if the application had been made under the new Act, be a licence area that is the same as the base licence area because of subsection 39(4) of the new Act.
(6) For the purposes of subsection (5), an application is taken to be finally dealt with if: (a) a licence has been granted in respect of the application; or (b) the ABA has refused to grant a licence in respect of the application and: (i) no appeal is made against that decision before the end of the period within which an appeal could be made; or (ii) an appeal has been made within that period and the appeal, and any subsequent appeal, has been dismissed; or (iii) the applicant has withdrawn the application. (7) In this section, "commercial radio licence", "inquiry", "public radio licence", "remote licence" and "supplementary radio licence" have the same meanings as in the Broadcasting Act. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 13 Pending applications for grant of licences under the Broadcasting Act for services not requiring licences under the Broadcasting Services Act
13. If: (a) before the commencement of this Act, a person had applied, in accordance with the Broadcasting Act, for the grant of a licence under the Broadcasting Act; and (b) the application was pending immediately before that commencement; and (c) the service that was proposed to be provided under the licence is a service referred to in paragraph 11(d), (e) or (f) of the new Act; the person is taken to have lodged, on that commencement, an application under the Radcom Act for a transmitter licence that relates to the proposed service. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 14 AM/FM conversion arrangements
14. If, before the commencement of this Act: (a) the Minister had published a notice under section 89DAB of the
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Broadcasting Act; and (b) either: (i) the period specified under paragraph 89DAB(2)(c) of that Act or any extension or further extension of that period had not expired at that commencement; or (ii) action under Division 1A of Part IIIB of that Act in relation to an application under section 89DAE of that Act had not been completed at that commencement; Division 1A of Part IIIB of the Broadcasting Act continues to apply in relation to that notice, or to that application, as the case may be, as if the repeal effected by section 28 had not been made. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 15 Regional radio AM/FM conversion
15.(1) If a commercial radio licence is granted under section 12 in respect of a non-metropolitan service area, any person who, immediately before the commencement of this Act, held an AM commercial radio licence having the same service area may apply to the Minister to convert that licence to an FM licence. (2) The application may proceed as if: (a) the repeal effected by section 28 had not been made; and (b) references in the Broadcasting Act to the Tribunal were references to the ABA; and (c) the Radio Licence Fees Act 1964 had not been amended by this Act; and (d) references in the Broadcasting Act to the Minister converting to FM a non-metropolitan AM commercial licence were references to the Minister changing the conditions of the licence taken to be granted to the licensee under section 24B of the Radcom Act. (3) In this section, expressions that are defined in section 4 or 80 of the Broadcasting Act have the same meaning when used in this section. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 16 Aggregation of licence areas of existing licences in Tasmania
16.(1) Upon application by a licensee who holds a former commercial television licence in Tasmania that is continued in force under subsection 5(1), the Minister, in his or her discretion, may, by notice in writing, direct that the licence area of the licence is an area that includes the combined licence areas of the former commercial television licences in Tasmania that are continued in force under subsection 5(1).
(2) If the licence area of a licence has been extended in accordance with subsection (1), the Minister may take action under subsection 10(10) to make any consequential changes to the conditions of the transmitter licence relating to that licence.
(3) An application by a licensee under subsection (1) must be accompanied by an implementation plan covering details of the stages and timetable proposed by the licensee for the extension of services in the licence area.
(4) The Minister must not give a direction under subsection (1) in relation to a licensee unless the Minister has approved the implementation plan submitted by the licensee.
(5) The Minister may, with the agreement of the licensee, vary the implementation plan submitted by the licensee.
(6) The conditions of the licence include a condition that the licensee will comply with the implementation plan as amended from time to time. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - DIVISION 3 Division 3 - Directorships and control
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 17 Special provision for certain directorships
17. 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. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 18 Periods of grace for compliance with ownership and control provisions
18.(1) This section applies in relation to a person who was, immediately before the commencement of this Act, in contravention of a provision of Part IIIBA of the Broadcasting Act and who is, by reason of the circumstances which gave rise to that contravention, also in contravention of (2) If, in relation to the person, a period of grace had not expired before the commencement of this Act, the person is taken not to be in contravention of a provision of
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Part 5 of the new Act by reason of the circumstances referred to in subsection (1) until the end of that period of grace. (3) If an application had been made by the person to the Tribunal under a provision of Part IIIBA of the Broadcasting Act for an extension of a period of grace and the application had not been determined by the Tribunal before the commencement of this Act, the application may be determined by the ABA.
(4) If: (a) the person would have been entitled to apply to the Tribunal under Part IIIBA of the Broadcasting Act for an extension of a period of grace; and (b) the time for making that application had not expired before the commencement of this Act; and (c) an application had not been made before that commencement; the person may apply to the ABA for such an extension before the end of the time within which such an application could have been made. (5) The ABA has the same powers as were possessed by the Tribunal under the Broadcasting Act to grant or to refuse an application for extension of a period of grace. (6) In this section, a reference to a period of grace is a reference to: (a) a period of time specified, either directly or by reference to another provision of the Broadcasting Act, in subsection 90(1E), paragraph 90C(5B)(c), (d), (e) or (f), subsection 90FA(2), subsection 90G(7), paragraph 90JA(11)(c), subsection 92(4AA), paragraph 92(4B)(c), (d), (e) or (f), paragraph 92CA(2)(b), subsection 92D(7), paragraph 92FAA(11)(c), subsection 92JB(6) or (9) or subparagraph 92JB(13)(b)(i) or (ii) of the Broadcasting Act; or (b) an extension of that period granted by the Tribunal before the commencement of this Act. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 19 Grandfathering of existing interests relevant to control
19.(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. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 20 Protection for persons having interests in former supplementary radio licences
20. If: (a) a person was, immediately before the commencement of this Act: (i) in a position to exercise control of a former supplementary radio licence and the related commercial licence; or (ii) a director of a company that held a former supplementary radio licence or a director of a company that held the related commercial licence; and (b) the person retains that position or directorship after that commencement; and (c) subsection 5(1) applies to the former supplementary radio licence and to the related commercial licence; and (d) apart from this section, being in that position, or holding that directorship, would, on the commencement of this Act, be a contravention of Division 2 or 3 of Part 5 of the new Act; Divisions 2 and 3 of Part 5 of the new Act do not apply to the person in relation to the person being in that position or holding that directorship during the period of 11 years that commenced when the former supplementary radio licence was granted. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)
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ACT 1992 No. 105 of 1992 - DIVISION 4 Division 4 - Program standards
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 21 Program standards
21.(1) In subsection (2), a reference to a program standard is a reference to a program standard that was in force immediately before the commencement of this Act under paragraph 16(1)(d) of the Broadcasting Act. (2) A program standard or a part of a program standard that related to programs for children or the level of Australian content of programs is taken, after that commencement, to be a standard determined by the ABA under paragraph 122(1)(a) of the new Act. (3) For the purposes of subsection (2), the provisions of section 114 of the Broadcasting Act are taken to be program standards in force under the Broadcasting Act relating to the level of Australian content of programs. (4) The ABA may, by notice in the Gazette, determine that any other program standards that were in force immediately before the commencement of this Act as the result of a determination by the Tribunal under paragraph 16(1)(d) of the Broadcasting Act have effect as program standards applicable to: (a) commercial television broadcasting licences; or (b) commercial radio broadcasting licences; or (c) community broadcasting licences; or (d) services provided under class licences; under Part 9 of the new Act. (5) Determinations under subsection (4) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.
(6) Subject to subsections (7), (8) and (9), a program standard referred to in subsection (4) ceases to be in force at the end of 2 years after the commencement of this Act.
(7) A program standard continued in force by subsection (4) may be varied or revoked by the ABA as if it were a program standard determined by the ABA under section 125 of the new Act.
(8) A program standard relating to a matter referred to in subsection (2) ceases to be in force upon the determination by the ABA under paragraph 122(1)(a) of the new Act of a program standard relating to that matter.
(9) If a code of practice relating to a matter to which a program standard referred to in subsection (4) relates is registered under subsection 123(4) of the new Act in relation to a section of the broadcasting industry, the program standard ceases to be in force in relation to that matter in relation to that section of the industry. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - DIVISION 5 Division 5 - Licence fees
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 22 Application of provisions of the Broadcasting Act in relation to keeping accounts and unpaid licence fees
22.(1) Notwithstanding the repeal of sections 123 and 123A of the Broadcasting Act effected by section 28, those sections continue to apply in relation to: (a) a commercial radio broadcasting licence referred to in paragraph 5(1)(a), (d) or (f); and (b) a commercial television broadcasting licence referred to in paragraph 5(1)(b) or (e); as if that repeal had not been made. (2) In the application of sections 123 and 123A of the Broadcasting Act under subsection (1): (a) a reference to the Tribunal is to be read as a reference to the ABA; and (b) a reference in subsection 123(1AA) to a related supplementary radio licence in relation to a commercial radio licence is to be read as a reference to a commercial radio broadcasting licence to which paragraph 5(1)(f) applies in relation to a commercial radio broadcasting licence to which paragraph 5(1)(a) applies; and (c) a direction, requirement, approval or leave given by the Tribunal or a request made by the Tribunal and in force immediately before the commencement of this Act is to be taken to have been given or made by the ABA. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - DIVISION 6 Division 6 - Miscellaneous
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 23 Vesting of property, rights and liabilities of the Australian Broadcasting Tribunal
23. On the commencement of this Act: (a) all property and rights of the Tribunal vest in the ABA; and (b) all liabilities of the Tribunal become liabilities of the ABA. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 24 Effect of directions and orders under Division 4 of
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Part IIIBA of the Broadcasting Act
24.(1) Any directions given by the Tribunal under Division 4 of Part IIIBA of the Broadcasting Act ("the Part"), and any orders by the Federal Court of Australia under that Division, in force immediately before the commencement of this Act are, to the extent tp which the directions or orders are necessary to ensure compliance with the new Act, enforceable as if the Part had remained in force. (2) The ABA has the same power to amend or revoke a direction referred to in subsection (1) as the Tribunal would have had if the Part had remained in force.
(3) The ABA has the same power to grant an extension of time under subsection 92N(2B) of the Broadcasting Act as the Tribunal would have had if the Part had remained in force.
(4) The ABA has the same power to apply to the Federal Court of Australia for an order in respect of a direction referred to in subsection (1) as the Tribunal would have had, and the Court has the same jurisdiction to make such an order as the Court would have had, if the Part had remained in force.
(5) Subsection (4) applies in like manner in relation to a direction amended by the ABA under subsection (2) as it applies in relation to a direction referred to in subsection (1).
(6) A person who contravenes or fails to comply with a direction referred to in subsection (1) is guilty of an offence and is punishable on conviction as if the Part had not been repealed.
(7) A person who contravenes or fails to comply with a direction referred to in subsection (1) as amended by the ABA under subsection (2) is guilty of an offence and is punishable on conviction as if the Part had not been repealed and the contravention or failure to comply was a contravention or failure to comply with a direction referred to in subsection (1).
(8) Charges against the same person for any number of offences against subsection (6) or (7) may be joined in the same summons if those offences relate to doing or failing to do the same act or thing.
(9) If a person is convicted of 2 or more offences referred to in subsection (6) or (7), being offences related to doing or failing to do the same act or thing, the court may impose one penalty in respect of both or all of those offences but that penalty must not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
(10) An offence under this section may be prosecuted at any time.
(11) A prosecution for such an offence may be brought only in the Federal Court of Australia.
(12) Jurisdiction is conferred on the Federal Court of Australia to hear and determine prosecutions so brought. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 25 Continuation of secrecy provision
25.(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. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 26 Obligations to provide information or produce documents under the Broadcasting Act
26.(1) If: (a) a person had, before the commencement of this Act, been required under section 89X of the Broadcasting Act to supply information or to produce documents to the Tribunal; and (b) the person had not, at the commencement of this Act, complied with the requirement; and (c) the person has not been informed by the ABA that the ABA does not require the information to be supplied or the documents to be produced; the person is required to supply the information or to produce the documents, but the supply or the production must be made to the ABA and, if the person does not comply with the requirement, the person is to be subject to the same penalty as the penalty to which the person would have been subject if section 89X of the Broadcasting Act had not been repealed and the person had been in breach of that section. (2) An order of the Federal Court of Australia under subsection 89X(3B) of the Broadcasting Act in force at the commencement of this Act continues in force notwithstanding the repeal of the Broadcasting Act. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS)
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ACT 1992 No. 105 of 1992 - SECT 27 Technical standards relating to broadcasting equipment
27. Standards and practices referred to in paragraph 125D(1)(b) of the Broadcasting Act that were in force immediately before the commencement of this Act are taken to be, on that commencement, standards made by the Minister under subsection 9(1) of the Radcom Act. BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - PART 3 PART 3 - REPEALS AND CONSEQUENTIAL AMENDMENTS
BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 105 of 1992 - SECT 28 Repeal of the Broadcasting Act
28.(1) The Broadcasting Act 1942 is repealed except for the following provisions: (a) section 1; (b) subsection 4(1) so far as it relates to the definitions of the following terms: "Australia" "election" "election period" "exempt matter" "government authority" "legislature of a Territory" "ordinary election" "Parliament" "policy launch" "political party" "political reference" "program" "referendum" "SBS" "Senate election" "the Corporation"; (c) subsection 4(4); (d) section 6;