(g) if the foreign stakeholder is a trustee of a trust:
(i) the name of the trust; and
(ii) the country in which the trust was established;
(h) if the foreign stakeholder is a foreign government investor as the result of the application of paragraph 17(a) of the Foreign Acquisitions and Takeovers Regulation 2015 to a separate government entity of a foreign country or a part of a foreign country—the foreign country or the part of the foreign country, as the case may be;
(i) if the foreign stakeholder is a foreign government investor wholly or partly as the result of the application of paragraph 17(b), (c), (d) or (e) of the Foreign Acquisitions and Takeovers Regulation 2015 to a foreign government—the foreign government;
(j) if the foreign stakeholder is a foreign government investor wholly or partly as the result of the application of paragraph 17(b), (c), (d) or (e) of the Foreign Acquisitions and Takeovers Regulation 2015 to a separate government entity of a foreign country or a part of a foreign country—the foreign country or the part of the foreign country, as the case may be.
(2) Despite subsection (1), the Register of Foreign Owners of Media Assets must not set out particular information if the ACMA is satisfied that disclosure of the information could reasonably be expected to prejudice materially the commercial interests of a person.
Subdivision C—Notification
74F Notification by a person who becomes a foreign stakeholder in an Australian media company
(1) If a person who was not a foreign stakeholder in a particular Australian media company becomes a foreign stakeholder in the company at a particular time, the person must, within 30 days after that time, notify the ACMA in writing of:
(a) the person’s name; and
(b) the circumstances that resulted in the person becoming a foreign stakeholder in the company; and
(c) the person’s company interests in the company; and
(d) the method used to determine those company interests; and
(e) the reason why the person is a foreign person; and
(f) the designated information relating to the person; and
(g) such other information (if any) relating to the person as is specified under subsection (2).
(2) The ACMA may, by legislative instrument, specify information for the purposes of paragraph (1)(g).
Civil penalty provision
(3) Subsection (1) is a civil penalty provision.
(4) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Designated infringement notice provision
(5) Subsection (1) is a designated infringement notice provision.
Self‑incrimination
(6) A person is not required to notify information under subsection (1) if the information might tend to incriminate the person or expose the person to a penalty.
74G Notification by a person who ceases to be a foreign stakeholder in an Australian media company
(1) If a person who was a foreign stakeholder in an Australian media company has ceased to be a foreign stakeholder in the company, the person must, within 30 days after the cessation, notify the ACMA in writing of:
(a) the cessation; and
(b) the circumstances that resulted in the cessation.
Civil penalty provision
(2) Subsection (1) is a civil penalty provision.
(3) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Designated infringement notice provision
(4) Subsection (1) is a designated infringement notice provision.
Self‑incrimination
(5) A person is not required to notify information under subsection (1) if the information might tend to incriminate the person or expose the person to a penalty.
74H Notification by a person who is a foreign stakeholder in an Australian media company at the end of a financial year
(1) If, at the end of a financial year, a person is a foreign stakeholder in an Australian media company, the person must, within 30 days after the end of the financial year, notify the ACMA in writing of:
(a) the person’s name; and
(b) the circumstances that resulted in the person being a foreign stakeholder in the company at the end of the financial year; and
(c) the person’s company interests in the company at the end of the financial year; and
(d) the method used to determine those company interests; and
(e) the reason why the person was a foreign person at the end of the financial year; and
(f) the designated information relating to the person; and
(g) such other information (if any) relating to the person as is specified under subsection (2).
(2) The ACMA may, by legislative instrument, specify information for the purposes of paragraph (1)(g).
Civil penalty provision
(3) Subsection (1) is a civil penalty provision.
(4) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Designated infringement notice provision
(5) Subsection (1) is a designated infringement notice provision.
Self‑incrimination
(6) A person is not required to notify information under subsection (1) if the information might tend to incriminate the person or expose the person to a penalty.
74J Notification by a person who is a foreign stakeholder in an Australian media company at the commencement of this Division
(1) If, at the commencement of this Division, a person is a foreign stakeholder in an Australian media company, the person must, within the initial disclosure period, notify the ACMA in writing of:
(a) the person’s name; and
(b) the circumstances that resulted in the person being a foreign stakeholder in the company at the commencement of this Division; and
(c) the person’s company interests in the company at the commencement of this Division; and
(d) the method used to determine those company interests; and
(e) the reason why the person was a foreign person at the commencement of this Division; and
(f) the designated information relating to the person; and
(g) such other information (if any) relating to the person as is specified under subsection (2).
(2) The ACMA may, by legislative instrument, specify information for the purposes of paragraph (1)(g).
Civil penalty provision
(3) Subsection (1) is a civil penalty provision.
(4) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Designated infringement notice provision
(5) Subsection (1) is a designated infringement notice provision.
Self‑incrimination
(6) A person is not required to notify information under subsection (1) if the information might tend to incriminate the person or expose the person to a penalty.
74K Notification by a person who is a foreign stakeholder in an Australian media company—requirement by the ACMA
(1) The ACMA may, by written notice given to a foreign stakeholder in an Australian media company, require the foreign stakeholder to:
(a) notify the ACMA of:
(i) the foreign stakeholder’s company interests in the company; and
(ii) the method used to determine those company interests; and
(iii) such other information (if any) relating to the foreign stakeholder as is specified under subsection (2); and
(b) do so within the period specified in the notice.
(2) The ACMA may, by legislative instrument, specify information for the purposes of subparagraph (1)(a)(iii).
(3) A period specified under paragraph (1)(b) must not be shorter than 14 days after the notice is given.
Civil penalty provision
(4) Subsection (1) is a civil penalty provision.
(5) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Designated infringement notice provision
(6) Subsection (1) is a designated infringement notice provision.
Self‑incrimination
(7) A person is not required to notify information under subsection (1) if the information might tend to incriminate the person or expose the person to a penalty.
74L Requirement for executors, administrators and liquidators to give notification
(1) If a person who is required by subsection 74F(1), 74G(1), 74H(1), 74J(1) or 74K(1) to notify information dies before notifying the information, the executor or administrator of the person’s estate must notify the information in accordance with the subsection concerned.
(2) If a person who is required by subsection 74F(1), 74G(1), 74H(1), 74J(1) or 74K(1) to notify information is a corporation and is wound up before notifying the information, the liquidator of the corporation must notify the information in accordance with the subsection concerned.
74M Person may give the ACMA relevant information
(1) A person may give the ACMA information that is relevant to the performance of the ACMA’s functions under this Division.
(2) The information may consist of, or include, personal information (within the meaning of the Privacy Act 1988).
Subdivision D—Miscellaneous
74N Minister may direct the ACMA about the performance of its functions or the exercise of its powers
(1) The Minister may, by legislative instrument, give the ACMA a direction about the performance of the functions, or the exercise of the powers, conferred on the ACMA by this Division (other than section 74U).
Note: Section 74U requires the ACMA to conduct a review of this Division.
(2) The ACMA must comply with a direction under subsection (1).
74P Service of summons, process or notice on corporations incorporated outside Australia
Scope
(1) This section applies to:
(a) a summons or process in any proceedings under, or connected with, this Division; or
(b) a notice under any other provision of this Act, so far as that provision relates to this Division;
where:
(c) the summons, process or notice, as the case may be, is required to be served on, or given to, a body corporate incorporated outside Australia; and
(d) the body corporate does not have a registered office or a principal office in Australia; and
(e) the body corporate has an agent in Australia.
Service
(2) The summons, process or notice, as the case may be, is taken to have been served on, or given to, the body corporate if it is served on, or given to, the agent.
(3) Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.
Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.
74Q Extra‑territorial application
This Division extends to acts, omissions, matters and things outside Australia.
74R Annual report
(1) As soon as practicable after 30 July next following a financial year, the ACMA must:
(a) prepare a report about the company interests in Australian media companies that were held by foreign stakeholders at the end of the financial year; and
(b) give the report to the Minister.
(2) A report under subsection (1) may include the ACMA’s observations about trends relating to the company interests in Australian media companies that are held by foreign stakeholders.
(3) The Minister may cause a copy of a report under subsection (1) to be published on the Department’s website.
74S Part 13 not limited
This Division does not limit the operation of Part 13 (which confers certain investigative powers on the ACMA).
74T Liability for damages
The Commonwealth, the ACMA, or an ACMA official, is not liable to an action or other proceeding for damages for, or in relation to, an act or matter in good faith done or omitted to be done:
(a) in the performance or purported performance of any function; or
(b) in the exercise or purported exercise of any power;
conferred on the ACMA by Subdivision B.
74U Review of this Division etc.
(1) The ACMA must:
(a) conduct a review of the following matters:
(i) the operation of this Division;
(ii) the operation of the remaining provisions of this Act to the extent to which they relate to this Division;
(iii) whether this Division should be amended;
(iv) whether the remaining provisions of this Act, to the extent to which they relate to this Division, should be amended; and
(b) do so as soon as practicable after the end of the 3‑year period that began at the end of the initial disclosure period.
(2) The ACMA must prepare a report of the review under subsection (1).
(3) The ACMA must give the report to the Minister.
(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.
Division 11—Miscellaneous
75 Register of matters under this Part
(1) The ACMA is to maintain a Register of:
(aa) licences granted under section 38A or 38B; and
(a) notifications under Division 6; and
(b) approvals given by the ACMA under section 67; and
(c) extensions granted by the ACMA under section 68; and
(d) notices given by the ACMA under section 70; and
(e) extensions granted by the ACMA under section 71.
(2) The ACMA is not to include in the Register an approval under section 67 until the relevant transaction or agreement has taken place or been entered into.
(3) The Register is to be open for public inspection, and a person is entitled to be given a copy of, or an extract from, any entry in the Register.
(4) The ACMA may charge fees for inspections of the Register or for the provision of copies of or extracts from the Register.
(5) The ACMA may supply copies of or extracts from the Register certified by a member, and a copy or extract so certified is admissible in evidence in all courts and proceedings without further proof or production of the original.
76 Continuing offences
In order to avoid any doubt, it is declared that section 4K of the Crimes Act 1914 applies to obligations under this Part to comply with a notice and other obligations under this Part to do things within a particular period.
77 Part has effect notwithstanding Competition and Consumer Act
The provisions of this Part have effect notwithstanding the Competition and Consumer Act 2010.
78 Part not to invalidate appointments
Nothing in this Part invalidates an appointment of a person as a director of a company.
Part 6—Community broadcasting licences
79 Interpretation
In this Part, company includes an incorporated association.
79A Application
This Part does not apply in relation to community broadcasting licences that are temporary community broadcasting licences.
Note: Part 6A deals with temporary community broadcasting licences.
80 Allocation of BSB community broadcasting licences
(1A) The ACMA may decide to allocate one or more community broadcasting licences that are broadcasting services bands licences.
(1) If the ACMA decides under subsection (1A) to allocate one or more community broadcasting licences that are broadcasting services bands licences, the ACMA is to advertise, in a manner determined by the ACMA, for applications from companies that:
(a) are formed in Australia or in an external Territory; and
(b) represent a community interest.
(2) The advertisements are to include:
(a) the date before which applications must be received by the ACMA; and
(b) a statement specifying how details of:
(i) the conditions that are to apply to the licence; and
(ii) the licence area of the licence; and
(iii) any priorities that the Minister has, under subsection 84(1), directed the ACMA to observe in the allocation of that licence or those licences;
can be obtained.
(3) Applications must be in accordance with a form approved in writing by the ACMA.
81 When licences must not be allocated
(1) A licence is not to be allocated to an applicant if:
(a) in the case of an applicant for a CTV licence—the applicant is not a company limited by guarantee within the meaning of the Corporations Act 2001; or
(b) the ACMA decides that subsection 83(2) applies to the applicant.
Note: See also section 96B of the Radiocommunications Act 1992, which provides that CTV licences must not be granted to new holders after 30 June 2021.
(2) Paragraph (1)(b) does not require the ACMA to consider the application of subsection 83(2) in relation to an applicant before allocating a licence to the applicant.
82 Other community broadcasting licences
(1) The ACMA may allocate to a person, on application in writing by the person, a community broadcasting licence that is not a broadcasting services bands licence.
(1A) Licences under subsection (1) are to be allocated on the basis of one licence per service.
(2) Applications must:
(a) be in accordance with a form approved in writing by the ACMA; and
(b) be accompanied by the application fee determined in writing by the ACMA.
83 When persons are regarded as suitable
(1) For the purposes of this Part, a company is a suitable community broadcasting licensee or a suitable applicant for a community broadcasting licence if the ACMA has not decided that subsection (2) applies to the company.
(2) The ACMA may, if it is satisfied that allowing a particular company to provide or continue to provide broadcasting services under a community broadcasting licence would lead to a significant risk of:
(a) an offence against this Act or the regulations being committed; or
(aa) a breach of a civil penalty provision occurring; or
(b) a breach of the conditions of the licence occurring;
decide that this subsection applies to the company.