Commonwealth Consolidated Acts

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 - SECT 18

             (1)  This section applies in relation to a person who was, immediately before the commencement of this Act, in contravention of a provision of Part IIIBA of the Broadcasting Act and who is, by reason of the circumstances which gave rise to that contravention, also in contravention of a provision of Part 5 of the new Act.

             (2)  If, in relation to the person, a period of grace had not expired before the commencement of this Act, the person is taken not to be in contravention of a provision of Part 5 of the new Act by reason of the circumstances referred to in subsection (1) until the end of that period of grace.

             (3)  If an application had been made by the person to the Tribunal under a provision of Part IIIBA of the Broadcasting Act for an extension of a period of grace and the application had not been determined by the Tribunal before the commencement of this Act, the application may be determined by the ABA.

             (4)  If:

                     (a)  the person would have been entitled to apply to the Tribunal under Part IIIBA of the Broadcasting Act for an extension of a period of grace; and

                     (b)  the time for making that application had not expired before the commencement of this Act; and

                     (c)  an application had not been made before that commencement;

the person may apply to the ABA for such an extension before the end of the time within which such an application could have been made.

             (5)  The ABA has the same powers as were possessed by the Tribunal under the Broadcasting Act to grant or to refuse an application for extension of a period of grace.

             (6)  In this section, a reference to a period of grace is a reference to:

                     (a)  a period of time specified, either directly or by reference to another provision of the Broadcasting Act, in subsection 90(1E), paragraph 90C(5B)(c), (d), (e) or (f), subsection 90FA(2), subsection 90G(7), paragraph 90JA(11)(c), subsection 92(4AA), paragraph 92(4B)(c), (d), (e) or (f), paragraph 92CA(2)(b), subsection 92D(7), paragraph 92FAA(11)(c), subsection 92JB(6) or (9) or subparagraph 92JB(13)(b)(i) or (ii) of the Broadcasting Act; or

                     (b)  an extension of that period granted by the Tribunal before the commencement of this Act.