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BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 30

Limitations on cross media interests
30. Section 92JB of the Principal Act is amended:

   (a)  by omitting from subsection (4) "(1)" and substituting "(2)";

   (b)  by omitting from subsection (4) "and only if";

   (c)  by omitting from subsection (4) "5% references to 15%" and
        substituting "15% references to 5%";

   (d)  by omitting subsection (8);

   (e)  by omitting subsection (11);

   (f)  by omitting paragraph (12) (a) and substituting the following
        paragraph:
  "(a)   the transaction is in respect of shares in:


   (i)  a company that publishes a newspaper; or

   (ii) a company that has an interest in a company that publishes a
        newspaper; or

   (iii) a company holding a commercial television licence; or

   (iv) a company that has an interest in a company holding a commercial
        television licence; and";
(g) by inserting in paragraph (12) (b) "or licence, as the case requires,"
after "newspaper";
(h) by inserting in paragraph (13) (a) "(3)" after "92JC";
(j) by inserting in paragraph (13) (a) "against subsection 92JC (3)" after
"offence" (second occurring);

   (k)  by omitting from paragraph (13) (a) "that subsection" and substituting
        "subsection 92JC (3)";

   (m)  by inserting in subparagraph (13) (b) (i) "is in respect of shares in
        a
company described in subparagraph (12) (a) (i) or (ii) and" after
"transaction";

   (n)  by omitting subparagraph (13) (b) (ii) and substituting the following
        subparagraph:
   "(ii)   in any other case - the period of 6 months after the
transaction takes place.";

   (p)  by omitting from paragraph (13) (b) all the words after subparagraph
        (13) (b) (ii);

   (q)  by inserting after subsection (13) the following subsections:

"(13A) Subject to subsections (13B), (14A) and (14B), the Tribunal may extend
the period of 6 months referred to in subparagraph (13) (b) (ii) in relation
to a contravention of this section by a person.

"(13B) The Tribunal may only grant an extension under subsection (13A):

   (a)  on an application under subsection (14); and

   (b)  by written notice served on the applicant in accordance with
        subsection (14C).";

   (r)  by omitting from subsection (14) "subsection (13)" and substituting
        "subparagraph (13) (b) (ii)";

   (s)  by inserting after subsection (14) the following subsections:

"(14A) The Tribunal must not grant an application for the extension of a
period made within the period in relation to a contravention of this section
by a person unless it is satisfied that, within the period, the person made
all reasonable efforts to end the contravention.

"(14B) The Tribunal must not grant an application for the extension of a
period made after the period in relation to a contravention of this section by
a person unless it is satisfied that, as soon as practicable after the person
became aware of the contravention, the person made all reasonable efforts to
end the contravention.

"(14C) The notice referred to in paragraph (13B) (b) is to be served:

   (a)  where the application is received not less than 2 weeks before the end
        of the 6 month period referred to in that subparagraph - within that 6
        month period; or

   (b)  in any other case - as soon as practicable.

"(14D) Where, under subsection (14C), a notice allowing an extension of the 6
month period referred to in subparagraph (13) (b) (ii) is served on the person
after the end of that period:

   (a)  the notice is taken to have been served immediately before the end of
        the period; and

   (b)  for the purposes of ascertaining under subsection (13) the day or days
        in respect of which the person is guilty of a separate offence, there
        is taken to have been no break in that period as extended by the
        Tribunal.";

   (t)  by omitting from subsection (15) "radio" (last occurring) and
        substituting "television";

   (u)  by omitting from subsection (15) "television" (last occurring) and
        substituting "radio". 


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