Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SCHEDULE 2

                                   SCHEDULE 2                         Section
36  AMENDMENTS OF BROADCASTING AND TELEVISION ACT 1942 AS IN FORCE IMMEDIATELY
BEFORE 1 JANUARY 1986 FOR THE PURPOSES OF ITS CONTINUED APPLICATION TO OLD
SYSTEM LICENCES New Division heading:
The following Division heading is inserted after the heading to Part IVA:

"Division 1-General". Section 111A:
Add at the end the following subsection:

"(3) It is a condition of a public broadcasting licence or public television
licence that any money derived by the licensee from the operation of the
service provided pursuant to the licence shall not be expended otherwise than:

   (a)  for or in connection with provision, maintenance or improvement of
        that service; or

   (b)  for the benefit of public broadcasting generally.". Subsection 111BA
        (3):
Omit the subsection, substitute the following subsections:

"(3) Nothing in subsection (2) shall be taken to prevent the holder of a
public radio licence from broadcasting, in accordance with any applicable
program standards:

   (a)  community information (whether by way of announcement, interview or
        otherwise);

   (b)  material which announces or promotes the service provided under the
        licence, including, without limiting the generality of this:

        (i)    material (whether by way of the announcement or promotion of
               activities, events, products or services or otherwise) likely
               to induce the public to support, whether financially or
               otherwise, or to make use of, the service provided under the
               licence; and

        (ii)   material which announces or promotes a particular program or
               programs provided under the licence; or

   (c)  a sponsorship announcement.

"(3A) For the purpose of determining whether information is community
information for the purposes of paragraph (3) (a), regard shall be had to
whether the holder of the licence received, or is to receive, payment or other
consideration for broadcasting the information.

"(3B) For the purposes of paragraph (3) (c), a sponsorship announcement:

   (a)  shall not promote activities, events, products, services or programs
        other than activities, events, products, services or programs referred
        to in paragraph (3) (b);

   (b)  may acknowledge the support, whether financial or otherwise, of a
        person or persons:

        (i)    in respect of a particular program or programs provided under
               the licence; or

        (ii)   generally in respect of the service provided under the licence;
               and

   (c)  may specify the name and address of, and a concise description of the
        general nature of any business undertaking or activity carried on by,
        the person or those persons.". New Division:
After section 111BD insert the following Division in Part IVA:

"Division 2-Ownership and Control of Public Licences Interpretation

"111BE. (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 broadcasting licence or public
television 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 the operations conducted under or
        by virtue of the licence, the management of the station in respect of
        which the licence is in force or the selection or provision of the
        programs to be broadcast or televised by that station.

"(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
broadcasting licence or public television licence:

   (a)  in the case of an advertiser or other 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 or televised
        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

"111BF. The ownership and control of public broadcasting licences and public
radio licences is governed by subsections 86 (11E), 88 (1A) and 89B (2) and
(3) and section 111BG. Changes to constituent documents

"111BG. A public broadcasting licence or public radio 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.".