Commonwealth Numbered Acts

BROADCASTING (OWNERSHIP AND CONTROL) ACT 1988 No. 56 of 1988 - SECT 5

5. Section 90 of the Principal Act is amended:

   (a)  by omitting paragraph (1A) (b) and substituting the following
        paragraph:

"(b) if parts of the service area of a licence are located in different
States-the licence shall be taken to be in the State in which the part with
the largest population, as determined in accordance with subsection (1B), is
located.";

   (b)  by inserting after subsection (1A) the following subsections:

"(1B) Where parts of the service area of a licence are located in different
States, the Minister shall, by notice published in the Gazette, determine a
number as the population of the part of the service area located in each of
those States.

"(1C) In exercising powers under subsection (1B), the Minister shall have
regard to the most recently available official census count results.

"(1D) Subject to subsection (1E), a notice under subsection (1B) has effect
from the day on which the notice is published in the Gazette.

"(1E) Where:

   (a)  a person holds interests or directorships immediately before the day
        on which a notice under subsection (1B) is published in the Gazette;
        and

   (b)  the holding of those interests or directorships by the person would,
        but for this subsection, result in a contravention by the person on
        that day of section 90C by virtue of subsection 90C (2A) or a
        contravention of section 90F by virtue of subsection 90F (1AB);
the notice has effect in respect of the continued holding of those interests
or directorships by the person only from the end of the period of 6 months
commencing on the day on which the notice is published in the Gazette.

"(1F) A reference in subsection (1E) to a person holding an interest includes
a reference to a person being in a position to exercise control of a
licence.".