Division 3Directorships and control

An Act to make transitional arrangements and consequential amendments as a result of the enactment of the Broadcasting Services Act 1992

Part 1—Preliminary

1 Short title

This Act may be cited as the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992.

2 Commencement

This Act commences on the day fixed under subsection 2(2) of the Broadcasting Services Act 1992 or on the day applicable under subsection 2(3) of that Act, as the case requires.

3 Interpretation—expressions used in the Broadcasting Services Act

In this Act, unless the contrary intention appears, expressions that are defined in section 6 of the Broadcasting Services Act 1992 have the same meaning when used in this Act.

3A Act does not extend to Norfolk Island

This Act does not extend to Norfolk Island.

Part 2—Transitional provisions

Division 1—Preliminary

4 Interpretation

In this Part, unless the contrary intention appears:

Broadcasting Act means the Broadcasting Act 1942.

Tribunal means the Australian Broadcasting Tribunal formerly constituted under the Broadcasting Act 1942.

Division 3—Directorships and control

17 Special provision for certain directorships

If: (a) immediately before the commencement of this Act, a person was a director of a company; and (b) the holding by the person of that directorship was not a contravention of the Broadcasting Act; and (c) apart from this section, the holding by the person of that directorship would, immediately after the commencement of this Act, be a contravention of the new Act; the holding by the person of that directorship (including a holding on re‑election) is not a contravention of the new Act.

19 Grandfathering of existing interests relevant to control

(1) If: (a) a person was not, immediately before the commencement of this Act, in contravention of a provision of Part IIIBA of the Broadcasting Act because the person was taken not to be, by reason of the application of the provisions of that Part, in a position to exercise control of a former commercial radio licence, a former commercial television licence, a newspaper or a company; and (b) the person would, but for this section, be in contravention of a provision of Part 5 of the new Act on that commencement because the person would be taken to be in a position to exercise control of the corresponding commercial radio broadcasting licence or commercial television broadcasting licence, or that newspaper or company, as the case may be; the person is not taken to be in a position to exercise control of the licence, newspaper or company, as the case may be, for the purposes of the new Act while the circumstances of that person relevant to deciding under the new Act whether that person is in a position to exercise control of that licence, newspaper or company remain unchanged. (2) In this section: