Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 28

28. Section 92FAA 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, as the case may be, 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 92F (3) (b)" and
        substituting "subsection 92F (3) or (6)";

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

   (d)  by omitting from subsection (10) "voting interests of a particular
        kind, or financial interests" and substituting "or voting interests of
        a particular kind";

   (e)  by omitting from subsection (10) ", voting or financial interests" and
        substituting "or voting interests";

   (f)  by omitting from subsection (10) "the voting interests of that kind,
        or the financial interests" and substituting "or the voting interests
        of that kind".

   (g)  by omitting from paragraph (11) (a) "subsection 92F (7A)" and
        substituting "section 92F";

   (h)  by omitting from paragraph (11) (c) "voting interests of a particular
        kind, or financial interests" and substituting "or voting interests of
        a particular kind";

   (j)  by omitting from subparagraphs (11) (c) (i) and (ii) "the voting
        interests of that kind, or the financial interests" and substituting
        "or the voting interests of that kind";

   (k)  by omitting from subparagraph (11) (c) (ii) "voting interests of that
        kind, or financial interests" and substituting "or voting interests of
        that kind".