Commonwealth Consolidated Acts

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 - SECT 12

             (1)  If:

                     (a)  before the commencement of this Act, the Minister had published a notice in accordance with subsection 82(1) of the Broadcasting Act inviting applications for the grant of commercial radio licence, a public radio licence or a remote licence; and

                     (b)  a person had applied, in accordance with the Broadcasting Act, for the grant of a licence referred to in the notice; and

                     (c)  the application was pending immediately before that commencement;

the application may proceed as if:

                     (d)  the repeal effected by section 28 had not been made; and

                     (e)  references in the Broadcasting Act to the Tribunal were references to the ABA.

             (2)  If:

                     (a)  before the commencement of this Act, a person had applied, in accordance with section 82A of the Broadcasting Act, for the grant of a supplementary radio licence; and

                     (b)  the application was pending immediately before that commencement;

the application may proceed as if:

                     (c)  the repeal effected by section 28 had not been made; and

                     (d)  references in the Broadcasting Act to the Tribunal were references to the ABA.

          (2A)  Subsection (2) does not apply to an application if the application has not been referred to the Tribunal or to the ABA under paragraph 82A(4)(a) of the Broadcasting Act before the commencement of this subsection.

             (3)  For the purposes of an application referred to in subsection (1) or (2):

                     (a)  all proceedings which had taken place before the Tribunal before the commencement of this Act in respect of the application are to be regarded as having taken place before the ABA; and

                     (b)  a document lodged with or information provided to the Tribunal in respect of the application is taken to have been lodged with or provided to the ABA; and

                     (c)  unless the ABA otherwise orders, all evidence given before the Tribunal at an inquiry in respect of the application is taken to have been given before the ABA.

             (4)  If a commercial radio licence, a public radio licence, a supplementary radio licence or a remote licence is granted in respect of an application referred to in subsection (1), subsection 5(1) applies in relation to that licence as if the licence had been granted under section 81 of the Broadcasting Act and was in force immediately before the commencement of this Act.

             (5)  The ABA must not allocate a licence under section 39 of the new Act in respect of a licence area (the base licence area ) until it has, under subsection (1) of this section, finally dealt with any application for the grant of a commercial radio licence in respect of a service area that would, if the application had been made under the new Act, be a licence area that is the same as the base licence area because of subsection 39(4) of the new Act.

             (6)  For the purposes of subsection (5), an application is taken to be finally dealt with if:

                     (a)  a licence has been granted in respect of the application; or

                     (b)  the ABA has refused to grant a licence in respect of the application and:

                              (i)  no appeal is made against that decision before the end of the period within which an appeal could be made; or

                             (ii)  an appeal has been made within that period and the appeal, and any subsequent appeal, has been dismissed; or

                            (iii)  the applicant has withdrawn the application.

             (7)  In this section, commercial radio licence , inquiry , public radio licence , remote licence and supplementary radio licence have the same meanings as in the Broadcasting Act.