Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 24

24. Section 90JA of the Principal Act is amended:

   (a)  by inserting after subsection (2) the following subsections:

"(3) Notwithstanding subsection (2), where, at the end of the period of 6
months beginning on the day on which an inquiry by the Tribunal into an
application for the approval of a transaction in so far as it affects a person
began, or that period as extended under subsection (3A), the Tribunal has
neither:

   (a)  given that approval; nor

   (b)  refused that approval in whole or in part; the Tribunal is taken to
        have given that approval.

"(3A) Subject to subsection (3B), where, during the period of 6 months
beginning on the day on which an inquiry began, or that period as previously
extended under this subsection, the Tribunal considers that it is necessary to
extend or further extend the period to a particular date to enable a matter
relevant to the inquiry to be dealt with, the Tribunal may so extend the
period.

"(3B) The Tribunal must not extend the period to a date unless it gives
written reasons for the extension to that date.

"(3C) Where the Tribunal:

   (a)  has begun an inquiry into an application for the approval of a
        transaction in so far as it affects a person; and

   (b)  joins the inquiry with an inquiry into an application for the approval
        of a later transaction in so far as it affects the person;
then, for the purposes of subsections (3) and (3A), the inquiry about the
earlier transaction is taken to have begun on the day on which it was joined
with the other inquiry.";

   (b)  by omitting from subsection (5) "paragraph 90J (3) (b)" and
        substituting "subsection 90J (3) or (6)";

   (c)  by omitting from paragraph (9) (e) "3" and substituting "5";

   (d)  by omitting from paragraph (11) (a) "subsection 90J (7A)" and
        substituting "section 90J".