Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SECT 30

30. (1) After Division 5 of Part IIIB of the Principal Act the following
Division is inserted in that Part:

"Division 6-Ownership and control of public licences Interpretation

"92X. (1) In this Division:
'control' includes direct or indirect control and control as a result of, or
by means of, trusts, agreements, arrangements, understandings and practices,
whether or not having legal or equitable force and whether or not based on
legal or equitable rights.

"(2) For the purposes of this Act, a person shall be deemed to be in a
position to exercise control of a public licence if the person is:

   (a)  in a position to exercise control of the corporation that holds the
        licence; or

   (b)  in a position to exercise control of:

        (i)    the operations of the licensee in providing the service
               pursuant to the licence; or

        (ii)   the selection or provision of programs to be broadcast pursuant
               to the licence.

"(3) For the purposes of this Act, a person shall be deemed (but not to the
exclusion of any other person) to be in a position to exercise control of a
corporation if the person is, in the opinion of the Tribunal, in a position to
exercise control of the corporation.

"(4) Paragraph (2) (b) does not apply to a person in relation to a public
licence:

   (a)  in the case of a person sponsoring a program or programs under an
        agreement made in the ordinary course of business-by reason only of
        the person's rights in respect of that program or those programs or of
        the fact that the person has, under a contract relating to the
        person's sponsorship of that program or those programs, rights that
        are reasonably necessary to ensure to the person the full commercial
        benefit of that sponsorship; or

   (b)  in the case of a person carrying on the business of supplying
        programs-by reason only of the person's rights under a contract for
        the supply by the person of programs to be broadcast pursuant to the
        licence, being rights created in good faith in the ordinary course of
        that business for the purpose only of protecting the person's
        commercial interests as a supplier of programs. Ownership and control
        of public licences

"92Y. The ownership and control of public licences is governed by subsections
83 (7A), 86 (11DA), 88 (1A) and 89B (2) and (4) and section 92Z. Changes to
constituent documents

"92Z. A public licence is subject to a condition that the corporation holding
a licence will give the Tribunal notice in writing of any change to the
constituent documents of the corporation within 28 days after the day on which
the change takes effect.".

(2) The amendment made by subsection (1) applies to public licences whether
granted before or after the commencement of this section.