Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT 1990 No. 102 of 1990 - SECT 17

17. Section 92N of the Principal Act is amended by inserting after subsection
(2) the following subsections:

"(2A) Where:

   (a)  section 86AAA or 88AA applies to a licence; and

   (b)  the Tribunal is satisfied that the holding by a person of particular
        interests in a company gives rise to, or contributes to, the
        licensee's failure to meet the suitability requirements that apply to
        the licence; the Tribunal:

   (c)  may give such directions as it thinks necessary to ensure that the
        person ceases, before the end of the period of 6 months commencing on
        the day on which the direction is given, to hold specified interests
        in the company to enable or require the licensee to meet the
        suitability requirements that apply to the licence; and

   (d)  may give such directions as it thinks necessary to prohibit the person
        from disposing of the person's interests in that company, or any
        interests derived from or related to those interests, to a specified
        person or persons included in a specified class of persons.

"(2B) Subject to subsections (2C), (2D), (2E) and (2F) the Tribunal may extend
the period of 6 months referred to in paragraph (2A) (c).

"(2C) An extension granted to the person under subsection (2B) is not to be
for a period longer than 6 months.

"(2D) The Tribunal, in determining whether or not to grant an extension under
subsection (2B), is to have regard to:

   (a)  whether the person has made all reasonable efforts to dispose of the
        interests to which paragraph (2A) (c) applies; and

   (b)  the effects that granting the extension is likely to have on the
        licensee's ability to meet the suitability requirements that apply to
        the licence; and

   (c)  whether granting the extension is likely to have an adverse effect on:

   (i)  the licensee's ability to comply with the conditions of the licence;
        or

   (ii) the licensee's operations in providing the service pursuant to the
        licence; or

   (iii) the selection or provision of programs broadcast pursuant to the
        licence; and

   (d)  if the person has been given a direction under subsection 92M (1A) in
        relation to the licence - any failure by the person to comply with the
        direction; and

   (e)  any other matters that the Tribunal considers relevant.

"(2E) The Tribunal may only grant an extension under subsection (2B):

   (a)  on the application of the person to whom the direction under
        subsection (2A) is given; and

   (b)  within the period of 6 months commencing on the day on which the
        direction is given.

"(2F) An extension under subsection (2B) is to be granted by written notice
served on the applicant.

"(2G) Where:

   (a)  section 90JAA or 92FAAA applies to a licence; and

   (b)  a person has interests referred to in paragraph 90JA (11) (c) or 92FAA
        (11) (c); the Tribunal may give such directions as it thinks necessary
        to prohibit the person from disposing of those interests, or any
        interests derived from or related to those interests, to a specified
        person or persons included in a specified class of persons.".