Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 12

12. Before section 18 of the Principal Act the following sections are inserted
in Division 3 of Part II: Interpretation

"17A. (1) In this Division, unless the contrary intention appears-
'area inquiry' means an inquiry under section 18A;
'directed inquiry' means an inquiry under section 18;
'ordinary inquiry' means an inquiry under section 17C.

"(2) A reference in this Division to a substantive power of the Tribunal is a
reference to a power of the Tribunal-

   (a)  to determine standards under paragraph 16 (1) (d) or conditions under
        paragraph 16 (1) (e);

   (b)  to grant or renew a licence under sub-section 81 (1);

   (c)  to vary, revoke or impose a condition of a licence under section 85,
        otherwise than in accordance with sub-section 85 (4);

   (d)  to suspend or revoke a licence under sub-section 88 (1);

   (e)  to consent to a transfer or to the admission of a person under
        sub-section 89A (1);

   (f)  to approve a transaction or a part of a transaction under sub-section
        90JA (1) or (2) or 92FAA (1) or (2);

   (g)  to register a person under sub-section 91C (2) or to cancel a
        registration under sub-section 91C (10);

   (h)  to issue or revoke a certificate under sub-section 91D (2) or (6)
        respectively;

   (j)  to give directions under sub-section 92N (1), 99 (2) or 119AB (4);

   (k)  to make orders for the purposes of section 92V;

   (m)  to grant permission under sub-section 99A (1) or (2);

   (n)  to determine conditions under sub-section 100 (5);

   (o)  to determine periods under sub-section 103;

   (p)  under sub-section 116 (4) to require licensees to refrain from
        broadcasting election advertisements;

   (q)  to make an order directing persons under sub-section 119 (2); or

   (r)  to give approval to the holders of supplementary licences under
        sub-section 119AA (2) or (3).

Applications requesting Tribunal to exercise certain substantive powers

"17B. (1) A person may at any time make an application under this section
requesting the Tribunal to exercise any of its substantive powers, other than
a substantive power in respect of the exercise of which an application is
expressly permitted to be made under another provision of this Act.

"(2) An application under this section shall be made in accordance with the
regulations. Ordinary inquiries

"17C. (1) Where the Tribunal receives an application under this Act requesting
the exercise of any of its substantive powers, or proposes to exercise any of
its substantive powers otherwise than on such an application, the Tribunal
shall hold an inquiry into the requested or proposed exercise of the power.

"(2) Where the Tribunal proposes, either on its own initiative or at the
request of any person, to exercise any of its powers, other than a substantive
power, under this Act or the regulations, the Tribunal may in its discretion
hold an inquiry into the proposed exercise of the power.

"(3) The Tribunal may, in its discretion, hold an inquiry into-

   (a)  any matter relating to the operation of this Act;

   (b)  any matter relating to broadcasting services; or

   (c)  any other matter, being a matter with respect to which the Parliament
        has power to make laws by virtue of paragraph 51 (v) of the
        Constitution, that, in the opinion of the Tribunal, relates directly
        or indirectly to a matter referred to in paragraph (a) or (b).



"(4) A reference in sub-section (3) to a matter shall be read as not including
a reference to-

   (a)  a matter relating to the Corporation or the Service or to the affairs
        or operations of the Corporation or the Service; or

   (b)  a matter in respect of which the Tribunal is required or permitted to
        hold an inquiry by virtue of any provision of this Act (other than
        sub-section (3) or sub-section 18 (2)).



"(5) Subject to sub-section (6), an inquiry under sub-section (1) shall be
held in accordance with this Division and the regulations.

"(6) Notwithstanding the preceding provisions of this section, regulations
under section 134 may make provision for and in relation to-

   (a)  the deferral, suspension or termination of ordinary inquiries; and

   (b)  the holding of-

        (i)    joint ordinary inquiries into the exercise of 2 or more powers
               by the Tribunal;

        (ii)   separate ordinary inquiries into different aspects of the
               exercise of the same power by the Tribunal; and

        (iii)  ordinary inquiries into certain aspects only of the exercise of
               a power by the Tribunal.

"(7) Where the Tribunal determines that for reasons of urgency it is not
practicable for the Tribunal or another person to comply with a particular
requirement or particular requirements of the regulations or of this Division
in relation to the holding of an inquiry under sub-section (1), the following
provisions have effect:

   (a)  the Tribunal, or that other person, as the case may be, is not
        required to comply with that requirement or those requirements, as the
        case may be, in relation to the holding of the inquiry; and

   (b)  the Tribunal may in lieu of that requirement or those requirements, as
        the case may be, adopt any other procedure or procedures that it
        considers appropriate.



"(8) Subject to this Division and to the regulations, the conduct of an
inquiry under sub-section (2) or (3) is within the discretion of the
Tribunal.".