Commonwealth Numbered Acts

BROADCASTING (FOREIGN OWNERSHIP) AMENDMENT ACT 1990 No. 103 of 1990 - SECT 7

7. Section 90G of the Principal Act is amended:

   (a)  by inserting in subsection (5) ", other than paragraphs (2) (b) and
(c)" after " section";

   (b)  by adding at the end the following subsections:

"(7) For the purposes of this Act, where, because of a change of circumstances
or other event, a situation arises in which a condition to which a licence is
subject under this section is not complied with, that situation so created is
taken not to exist, and not to cause a contravention of the condition, before
the end of the period of 28 days beginning immediately after whichever is the
earlier of:

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

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

"(8) Subject to subsections (9) and (10), the Tribunal may extend the period
in relation to a particular event and a particular licensee.

"(9) 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.

"(10) 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 the condition being complied with; and

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

"(11) 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.".