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BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 62

Repeal of heading and sections and substitution of new Division, heading and section
62. The heading to Division 4 of Part IV and sections 93 to 96 (inclusive) of
the Principal Act are repealed and the following Division, heading and section
are substituted:

"Division 5-Ownership and Control of Remote Licences Orders relating to
ownership, control, &c.

"92V. (1) The Tribunal may make orders under section 17 for and in relation
to-

   (a)  the ownership of remote licences;

   (b)  the holding of interests in the holders of remote licences; and

   (c)  the exercise of control of, or influence on, the holders, or the
        operations of the holders, of remote licences.



"(2) Without limiting the generality of sub-section (1), the Tribunal may make
orders under section 17 with respect to-

   (a)  the number of remote licences, or of remote licences of a particular
        kind, that may be held by a person or in the holders of which a person
        may have an interest;

   (b)  the interests that a person may have in the holder of a remote
        licence;

   (c)  the number of directorships that a person may hold in companies having
        interests in the holder of a remote licence;

   (d)  the approval by the Tribunal of transactions involving the acquisition
        of interests in the holder of a remote licence;

   (e)  the provisions to be contained in the memorandum and articles of
        association of the holder of a remote licence; and

   (f)  changes to the memorandum or articles of association of the holder of
        a remote licence.



"(3) In making orders for the purposes of this section, the Tribunal shall
have regard to undesirability of the exercise of undue influence by foreign
persons on the operations of the holders of remote licences.

"(4) In this section-
'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;
'foreign person' has the same meaning as in section 92D;
'interest' means an interest of any kind, whether direct or indirect, and
includes a shareholding interest, a voting interest and a financial interest.

Tribunal may seek information

"92W. (1) Where the Tribunal has reason to believe that a person is capable of
supplying information, or producing documents, considered by the Tribunal to
be necessary to enable it to exercise any of its powers, or perform any of its
functions or duties, under orders made for the purposes of section 92V, the
Tribunal may, by notice in writing served on the person, require the person to
supply any such information, or produce any such documents, within a specified
period (not being less than 21 days after the date of service of the notice)
or within such further period as the Tribunal, on application, allows by
notice in writing served on the person within that specified period.

"(2) A person who fails to comply with a requirement in a notice served on the
person under sub-section (1) is guilty of a separate offence in respect of
each day (including a day of a conviction under this sub-section or any
subsequent day) during which the failure continues.

"(3) A person shall be taken not to comply with a requirement made under
sub-section (1) if, in purported compliance with the requirement, the person
supplies information, or (except as provided in the requirement) produces a
document, that-

   (a)  is false or misleading in a material particular; or

   (b)  is misleading in a material respect by reason of the omission of any
        matter or thing.



"(4) In this section, 'document' has the meaning defined by sub-section 125
(6).
                     "PART  IV-BROADCASTING  REQUIREMENTS
Application of Part

"95. This Part does not apply to, or in relation to, a re-broadcasting licence
or a re-transmission licence.". 


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