Commonwealth Numbered Acts

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

7. (1) Section 87 of the Principal Act is amended:

   (a)  by omitting from subsection (2) "3 years" (first occurring) and
        substituting "5 years";
(b) by omitting from subsection (2) all the words after "in the licence";

   (c)  by inserting after subsection (2) the following subsections:

"(2AA) The Tribunal is not to specify a lesser period under subsection (2)
unless it is satisfied that the circumstances justify its doing so.

"(2AB) Without limiting the generality of subsection (2AA), circumstances
justify the Tribunal specifying a lesser period where:

   (a)  the Tribunal is satisfied that the period is likely to enable a future
        inquiry into the further renewal of that licence to be conducted as a
        joint ordinary inquiry; and

   (b)  the licensee has consented in writing to that period.";

   (d)  by omitting from subsection (2C) "and (2)" and substituting ", (2) and
        (2AA)";

   (e)  by omitting from paragraph (2C) (b) "3 years" (wherever occurring) and
        substituting "5 years".

(2) Without limiting the application of the amendment made by paragraph (1)
(a) to licences granted by way of renewal or further renewal after the
commencement of this section, that amendment also applies to licences in force
on that commencement otherwise than because of subsection 87 (3) of the
Principal Act.

(3) Where a licence granted by way of renewal is in force on the commencement
of this section for a period of less than 3 years:

   (a)  the Tribunal may, within the period of 3 months immediately after that
        commencement, direct that the period is to be extended by a period,
        not longer than 2 years, specified in the direction; and

   (b)  where the Tribunal gives such a direction, the licence continues in
        force for the extended period.