Commonwealth Numbered Acts

BROADCASTING (FOREIGN OWNERSHIP) AMENDMENT ACT 1990 No. 103 of 1990 - SECT 6

6. After section 90F of the Principal Act the following section is inserted:
Foreign directors

"90FA. (1) A licence is subject to a condition that, at all times while the
licence is in force, at least 80% of the directors of the company that holds
the licence must be Australian citizens.

"(2) For the purposes of this Act, the condition to which a licence is subject
under subsection (1) is not contravened where:

   (a)  the situation arises in which less than 80% of the directors of the
        company that holds the licence are Australian citizens; and

   (b)  the situation does not continue for longer than the period of 28 days
        beginning immediately after whichever is the earlier of:

   (i)  the day on which the licensee became aware of the situation; or

   (ii) the day on which the licensee should have become aware of the
        situation.

"(3) Subject to subsections (4) and (5), the Tribunal may extend the period in
relation to a particular instance of the situation in respect of a particular
licensee.

"(4) The Tribunal may only grant an extension:

   (a)  on the application of a person made within the period that is being
        extended; and

   (b)  by written notice served on the applicant.

"(5) 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 desirability of at least 80% of the directors of the licensee
        being Australian citizens; and

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