Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 29

29. After section 92G of the Principal Act the following section is inserted:
Condition about quarterly notifications

"92GA. (1) In this section, `agreement', `holding company' and `quarter' have
the same meanings as in section 90LA.

"(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 commences 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,
        apart from being so deemed, would not 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 92F; or

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