Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 22

22. Section 90C of the Principal Act is amended:

   (a)  by omitting from subsection (5B) "to which the person is a party and";

   (b)  by omitting paragraph (5B) (a);

   (c)  by omitting paragraph (5B) (c) and substituting the following
        paragraphs:
  "(c)   subject to paragraph (d), where the person lodged, or was required to
lodge, an application under section 90J about the transaction - after the end
of the period of 6 months beginning immediately after the day on which the
Tribunal gives approval, or refuses approval in whole or in part, of the
transaction in so far as it affects the person; or

   (d)  where:

   (i)  the person, not being a party to the transaction, lodged, or was
        required to lodge, an application under section 90J about the
        transaction; and

   (ii) a party to the transaction also lodged, or was required to lodge, such
        an application - after the end of the period of 6 months beginning
        immediately after whichever is the later of:

   (iii) the day on which the Tribunal gives approval, or refuses approval in
        whole or in part, of the transaction in so far as it affects the
        person; or

   (iv) the day on which the Tribunal gives approval, or refuses approval in
        whole or in part, of the transaction, in so far as it affects the
        party; or

   (e)  subject to paragraph (f), where the person did not, and was not
        required to, lodge an application under section 90J about the
        transaction - after the end of the period of 6 months beginning
        immediately after the last day on which, if paragraphs 90J (7ca) (a)
        and (b) applied in relation to the transaction, a direction under
        subsection 90J (7CA) about the transaction could have been given; or

   (f)  where:

   (i)  the person, not being a party to the transaction, did not, and was not
        required to, lodge an application under section 90J about the
        transaction; but

   (ii) a party to the transaction lodged, or was required to lodge, such an
        application - after the end of the period of 6 months beginning
        immediately after whichever is the later of:

   (iii) the last day on which, if paragraphs 90J (7CA) (a) and (b) applied in
        relation to the transaction, a direction under subsection 90J (7CA)
        about the transaction could have been given; or

   (iv) the day on which the Tribunal gives approval, or refuses approval in
        whole or in part, of the transaction in so far as it affects the
        party.";

   (d)  by omitting subsections (5C), (5D) and (5E) and substituting the
        following subsections:

"(5C) Subject to subsections (5D) and (5E), the Tribunal may extend a period
of 6 months referred to in paragraph (5B) (c), (d), (e) or (f) in relation to
a contravention of this section by a person.

"(5D) The Tribunal may only grant an extension under subsection (5C):

   (a)  on the application of a person made within the period of 6 months that
        is being extended; and

   (b)  by written notice served on the applicant.

"(5E) The Tribunal must not grant an application for the extension of a period
in relation to the contravention of this section by a person unless the
Tribunal is satisfied that, within the period, the person made all reasonable
efforts to end the contravention.".