Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 71

71. Section 106 of the Principal Act is amended-

   (a)  by omitting sub-sections (1), (1A) and (1AA) and substituting the
        following sub-sections:



"(1) The holder of a licence (other than a re-broadcasting licence or a
re-transmission licence) shall-

   (a)  compile and maintain, in a recognized business or commercial form,
        financial accounts in respect of the service provided pursuant to the
        licence;

   (b)  make those accounts available for inspection by the Tribunal or an
        authorized officer as required;

   (c)  furnish to the Tribunal, within the 6 months after 30 June in each
        year-

        (i)    an audited balance-sheet and profit and loss account in respect
               of the service provided pursuant to the licence, in a form
               approved by the Tribunal, for the year ending on that 30 June;
               and

        (ii)   a statutory declaration stating the gross earnings in respect
               of the licence during that year; and

   (d)  keep such records in respect of the service provided pursuant to the
        licence as the Tribunal from time to time directs and supply copies of
        those records to the Tribunal as required.



"(1A) Where the holder of a commercial licence also holds, as a member of a
consortium, a related supplementary licence-

   (a)  the audited balance-sheet and profit and loss account furnished under
        sub-paragraph (1) (c) (i) in relation to the commercial licence shall
        include a reference, of a kind and in a form approved by the Tribunal,
        to the interest of the holder of the commercial licence in the
        supplementary licence; and

   (b)  the statutory declaration furnished under sub-paragraph (1) (c) (ii)
        in relation to the commercial licence shall include a statement of the
        amount that bears to the total amount of the gross earnings in respect
        of the supplementary licence the same proportion as the amount of the
        profits arising out of the operations pursuant to the supplementary
        licence to which the licensee is entitled by virtue of its membership
        of the consortium bears to the total amount of the profits so arising.



"(1AA) Except as provided by sub-section (1A), where the holder of a
commercial licence also holds a related supplementary licence, then, in
addition to complying with sub-section (1) in respect of each of the licences,
the holder of the licences shall furnish to the Tribunal, within 6 months
after 30 June in each year-

   (a)  an audited consolidated balance-sheet and consolidated profit and loss
        account, in a form approved by the Tribunal, in respect of the service
        provided pursuant to the commercial licence and the service provided
        pursuant to the supplementary licence, for the year that ended on that
        30 June; and

   (b)  a statutory declaration stating the total gross earnings in respect of
        the commercial licence and the supplementary licence during that
        year."; and

   (b)  by omitting the definitions of "gross earnings" and "supplementary
        service" in sub-section (5) and substituting the following definition:



" 'gross earnings', in relation to a radio licence or television licence, has
the same meaning as in the Radio Licence Fees Act 1964 or the Television
Licence Fees Act 1964, as the case may be.".