Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 32

32. Section 83 of the Principal Act is amended-

   (a)  by omitting sub-sections (1) to (4) (inclusive);
(b) by omitting from sub-section (5) all the words from and including "a
licence" to and including " by the Tribunal" and substituting "the grant of a
licence shall, before the licence is granted";

   (c)  by omitting from paragraph (5) (b) "if the licence is a licence
        referred to in paragraph (a), (b), (g), (h), (k), (ka) or (l) of the
        definition of 'licence' in sub-section 80 (1)" and substituting "in
        the case of a licence other than a re-broadcasting licence or a
        re-transmission licence";

   (d)  by omitting sub-paragraph (5) (b) (i) and substituting the following
        sub-paragraph:



"(i) provide an adequate and comprehensive service pursuant to the licence;
and";

   (e)  by omitting from sub-section (6) "it has held an inquiry into the
        grant of the licence and";

   (f)  by inserting in paragraph (6) (c) "in the case of a licence other than
a remote licence-" before "it appears";

   (g)  by omitting from sub-sub-paragraph (6) (c) (i) (B) "effectively to
        operate the relevant broadcasting station or television station, as
        the case may be" and substituting "to provide an adequate and
        comprehensive service pursuant to the licence or, in the case of a
        re-broadcasting licence or a re-transmission licence, to provide the
        service to which the licence relates";

   (h)  by omitting sub-sub-paragraphs (6) (c) (ii) (A) and (B) and
        substituting the following sub-sub-paragraphs:



"(A) the licence is a commercial licence whose service area is not a
metropolitan service area; and

                (B)  the service area of the licence overlaps the service area
                     of one or more licences of a kind to which
                     sub-sub-paragraph (A) applies,";

   (j)  by omitting sub-paragraph (6) (c) (iii) and substituting the following
        sub-paragraph:



"(iii) where the service area of the licence overlaps the service area of
another licence or other licences-the need for the commercial viability of the
service or services provided pursuant to the other licence or other
licences;";

   (k)  by inserting in paragraph (6) (d) "(other than the outline of the
technical conditions proposed to be included in the licence warrant)" after
"matters";

   (m)  by inserting after paragraph (6) (d) the following paragraph:



"(da) where the licence is a remote licence, it appears to the Tribunal,
having regard to the following matters or circumstances, that it is advisable
in the public interest to refuse to grant the licence to the person:

        (i)    it is not satisfied that the person-

                (A)  is a fit and proper person to hold the licence;

                (B)  has the financial, technical and management capabilities
                     necessary to provide an adequate and comprehensive
                     service pursuant to the licence; and

                (C)  is otherwise capable of complying with the conditions of
                     the licence;

        (ii)   where the service area of the licence overlaps the service area
               of another licence or other licences-the need for the
               commercial viability of the service or services provided
               pursuant to the other licence or other licences;

        (iii)  subject to the desirability of ensuring that, in all parts of
               Australia, there are available at least one service provided
               pursuant to a commercial radio licence or remote radio licence
               and one service provided pursuant to a commercial television
               licence or remote television licence, the need to avoid an
               undue concentration of the ownership or control, direct or
               indirect, of the media in the service area of the licence;

        (iv)   the likelihood that, if the Tribunal granted the licence, a
               person would, in relation to the licence or the holder of the
               licence, contravene an order of the Tribunal made for the
               purposes of section 92V;

        (v)    any relevant government policy statements;

        (vi)   any matters prescribed by regulations for the purposes of this
               paragraph;

        (vii)  any other matters or circumstances that the Tribunal considers
               relevant;";

   (n)  by omitting from paragraph (6) (e) "the broadcasting stations and
        television stations in the area to be served pursuant to the licence"
        and substituting " broadcasting services provided pursuant to other
        licences having service areas that overlap the service area of the
        supplementary licence";

   (o)  by omitting sub-paragraph (6) (e) (i) and substituting the following
        sub-paragraph:



"(i) that an additional radio service or an additional television service, as
the case requires, provided pursuant to a commercial licence having the same
service area as the supplementary licence is reasonably likely to be
commercially viable during the period in which the supplementary licence, if
granted, would be in force; and";

   (p)  by omitting from sub-sub-paragraph (6) (e) (ii) (A) "the licence for
        such an additional station" and substituting "such an additional
        licence";

   (q)  by omitting from sub-sub-paragraph (6) (e) (ii) (B) "area to be served
        pursuant to" and substituting "service area of";

   (r)  by omitting sub-section (6A) and substituting the following
        sub-section:



"(6A) A reference in paragraph (6) (da) or (e) to the media in the service
area of a licence includes a reference to-

   (a)  newspapers, journals and the like available in that service area; and

   (b)  any broadcasting service provided pursuant to another licence having a
        service area that overlaps the service area of the licence.";

   (s)  by omitting sub-section (8); and

   (t)  by omitting paragraph (8A) (b) and substituting the following
        paragraph:



"(b) make a recommendation in writing to the Minister that the Minister invite
applications for a commercial radio licence or commercial television licence,
as the case requires, to serve the area that would have been the service area
of the supplementary licence.".