Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 25

25. After section 90L of the Principal Act the following section is inserted:
Condition about quarterly notifications

"90LA. (1) In this section: `agreement' includes arrangement and
understanding; `holding company', in relation to a company, means another
company that would be deemed to be in a position to exercise control of the
company because of section 89K if the references in subsection 89K (1) to 15%
were references to 50%; `quarter' means a period of 3 months ending on the
last day of March, June, September or December in any year.

"(2) Subject to subsections (3) and (6), a licence is subject to a condition
that, where a person:

   (a)  was not in a position to exercise control of the licensee immediately
        before the commencement of a quarter; but

   (b)  was in that position during that quarter because of a loan agreement
        between the licensee and the person, or between a holding company of
        the licensee and the person, or another agreement, or a practice or
        event, notice of which is not required to be given under another
        provision of this Act;
then:

   (c)  the Chairman of Directors of the licensee or another director approved
        by the Tribunal; and

   (d)  the person holding or acting in the office of manager of the licensee
        or the person holding or acting in the office of secretary of the
        licensee; must, not later than 28 days after the end of the quarter,
        lodge with the Tribunal a notice of the circumstances described in
        paragraphs (a) and (b).

"(3) Subsection (2) does not apply to:

   (a)  the quarter in which this section commenced; or

   (b)  the next quarter.

"(4) Subject to subsection (6), a licence in force in the next quarter after
the quarter in which this section commenced is subject to a condition that,
where a person:

   (a)  was not in a position to exercise control of the licensee immediately
        before the commencement of this section or the grant of the licence,
        whichever occurred last; but

   (b)  was in that position at the end of that next quarter because of a loan
        agreement between the licensee and the person, or between a holding
        company of the licensee and the person, or another agreement, or a
        practice or event, notice of which is not required to be given under
        another provision of this Act;
then:

   (c)  the Chairman of Directors of the licensee or another director approved
        by the Tribunal; and

   (d)  the person holding or acting in the office of manager of the licensee
        or the person holding or acting in the office of secretary of the
        licensee; must, not later than 28 days after the end of the quarter,
        lodge with the Tribunal a notice of the circumstances described in
        paragraphs (a) and (b).

"(5) The notice under subsection (2) or (4) must:

   (a)  give the name and address of the person in the position to exercise
        control; and

   (b)  specify the period during which the person was in that position; and

   (c)  give particulars of any matter that:

        (i)    has a material effect on the capacity of the person to exercise
               control; and

        (ii)   is known to the persons lodging the notice; and

   (d)  give particulars of the steps each of the persons lodging the notice
        has taken to find out particulars of the matters referred to in
        paragraphs (a), (b) and (c).

"(6) A notice under subsection (2) or (4) about a person being in a position
to exercise control of a licensee is not required where:

   (a)  the person is deemed to be in the position because of section 89K but
        would not otherwise be in the position for the purposes of this Part;
        or

   (b)  the person is in that position only because he or she is an officer or
        employee of the licensee or of a holding company of the licensee; or

   (c)  the position arose because of a transaction about which an application
        or notice has been lodged under section 90J; or

   (d)  the position arose because of a networking agreement (within the
        meaning of Part IIIB).".