Commonwealth Numbered Acts

BROADCASTING (FOREIGN OWNERSHIP) AMENDMENT ACT 1990 No. 103 of 1990 - SECT 12

12. (1) Where:

   (a)  a company holding a licence was complying on 22 May 1990 with a
        condition imposed on it by subsection 90G (2) or 92D (2) of the
        Principal Act; and

   (b)  if the amendments made by sections 7 and 8 or 10 and 11, as the case
        may be, had been in force on that day, the company would not have so
        complied because of shareholding interests that, because of the
        amendments, would have been taken to be interests in the company;
        then, for the purposes of the condition, those interests are to be
        disregarded for the period beginning on the commencement of those
        sections and ending on 22 May 1993.

(2) Subject to subsections (3), (4) and (5), the Australian Broadcasting
Tribunal may extend the period in relation to a particular licence.

(3) The Tribunal may only grant an extension:

   (a)  on the application of a person made within the period or the period as
        extended earlier; and

   (b)  by written notice served on the applicant.

(4) The Tribunal must not grant an extension unless it is satisfied that it is
in the public interest to do so having regard to:

   (a)  the need to ensure that the licensee is able to provide an adequate
        and comprehensive service in accordance with the Principal Act and the
        other conditions of the licence; and

   (b)  the desirability of the disregarded interests being taken into account
        for the purposes of the condition as soon as possible; and

   (c)  any relevant government policy statements of which the Tribunal has
        been notified by the Minister; and

   (d)  any other matters or circumstances that the Tribunal considers
        relevant.

(5) The Tribunal must not grant an extension unless it is satisfied that the
licensee made reasonable efforts to ensure that the condition would be
complied with at the end of the period or of the period as last extended, as
the case requires.