Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 32

32. Section 92M of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsections:

"(1AA) At any time the Tribunal may, by notice in writing served on a person
who is in a position to exercise control of a commercial licence, give such
directions to the person as it thinks fit for the purpose of preventing the
person or any servant or agent of the person from doing any act or thing
likely to have an adverse effect on:

   (a)  the ability of the licensee to comply with the conditions of the
        licence; or

   (b)  the operations of the licensee in providing the service pursuant to
        the licence or the selection or the provision of the programs to be
        broadcast pursuant to the licence.

"(1AB) For the purposes of subsection (1AA), where an authorised lender
(within the meaning of section 89KB) has a loan agreement with the company
holding a commercial licence or with a company in a position to exercise
control of that company, the lender and any person in a position to exercise
control of the lender is in a position to exercise control of the licence.";
(b) by inserting in subsection (2) ", (1AA)" after "(1)".