Commonwealth Consolidated Acts

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 - SECT 21

             (1)  In subsection (2), a reference to a program standard is a reference to a program standard that was in force immediately before the commencement of this Act under paragraph 16(1)(d) of the Broadcasting Act.

             (2)  A program standard or a part of a program standard that related to programs for children or the level of Australian content of programs is taken, after that commencement, to be a standard determined by the ABA under paragraph 122(1)(a) of the new Act.

             (3)  For the purposes of subsection (2), the provisions of section 114 of the Broadcasting Act are taken to be program standards in force under the Broadcasting Act relating to the level of Australian content of programs.

             (4)  The ABA may, by notice in the Gazette , determine that any other program standards that were in force immediately before the commencement of this Act as the result of a determination by the Tribunal under paragraph 16(1)(d) of the Broadcasting Act have effect as program standards applicable to:

                     (a)  commercial television broadcasting licences; or

                     (b)  commercial radio broadcasting licences; or

                     (c)  community broadcasting licences; or

                     (d)  services provided under class licences;

under Part 9 of the new Act.

             (5)  Determinations under subsection (4) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .

             (6)  Subject to subsections (7), (8) and (9), a program standard referred to in subsection (4) ceases to be in force at the end of 2 years after the commencement of this Act.

             (7)  A program standard continued in force by subsection (4) may be varied or revoked by the ABA as if it were a program standard determined by the ABA under section 125 of the new Act.

             (8)  A program standard relating to a matter referred to in subsection (2) ceases to be in force upon the determination by the ABA under paragraph 122(1)(a) of the new Act of a program standard relating to that matter.

             (9)  If a code of practice relating to a matter to which a program standard referred to in subsection (4) relates is registered under subsection 123(4) of the new Act in relation to a section of the broadcasting industry, the program standard ceases to be in force in relation to that matter in relation to that section of the industry.

Division 5--Licence fees