Commonwealth: Broadcasting Legislation Amendment Act 1988 (Cth)

Broadcasting Legislation Amendment Act 1988 No. 146 of 1988 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE AUSTRALIAN BROADCASTING CORPORATION ACT 1983 3. Principal Act 4. Interpretation 5. General powers of the Corporation 6. Insertion of new section: 25b. Hedging contracts etc. 7. Insertion of new section: 29a. Broadcasting facilities may be made available to limited licensees 8. Repeal of Part V and substitution of new Part: PART V—EMPLOYEES 32. Employment of staff 33. The Corporation is to achieve and maintain high standards as an employer 9. Application and investment of money 10. Insertion of new sections: 70a. Borrowing from Commonwealth 70b. Borrowings otherwise than from Commonwealth 70c. Guarantee of borrowings by Corporation 70d. Corporation may give security 70e. Borrowings not otherwise permitted 70f. Delegation by Treasurer 11. Consequential amendments of the Australian Broadcasting Corporation Act 1983 12. Transitional provisions TABLE OF PROVISIONS—continued Section PART III—AMENDMENTS OF THE BROADCASTING ACT 1942 13. Principal Act 14. Interpretation 15. Unauthorised operation of certain transmitters prohibited 16. Repeal of section 6b and substitution of new section: 6b. Use of telegraph lines for retransmission of programs 17. Functions and powers of Tribunal 18. Insertion of new section: 26a. Money of the Tribunal 19. Application of money 20. Insertion of new section: 79ea. Broadcasting facilities may be made available to limited licensees 21. Responsibility for programs 22. Insertion of new sections: 81aa. Who is eligible for the grant of a licence? 81ab. Licence held by a consortium 23. Insertion of new sections: 81b. Purpose of limited licence 81c. Regulations may add new categories of limited licence 24. Applications for grant of certain licences 25. Applications for grant of supplementary radio licences 26. Insertion of new sections: 82ab. Applications for grant of limited licences 82ac. Tribunal may request outline of program content and format 82ad. Tribunal may request applicant to give copy of constituent documents 27. Repeal of section 83 and substitution of new sections: 83. Undertaking 83a. Criteria for grant of commercial licence 83b. Criteria for grant of supplementary radio licence 83c. Criteria for grant of public licence 83d. Criteria for grant of remote licence 83e. Criteria for grant of limited licence 83f. Minister may revise service specifications before grant of licence 28. Imposition of licence conditions 29. Variation of licence conditions 30. Repeal of section 86 and substitution of new sections: 86. Renewal of licences—general 86aa. Renewal of commercial licence 86ab. Renewal of supplementary radio licence 31. Insertion of new sections: 86e. Renewal of public licence 86f. Renewal of remote licence 86g. Renewal of limited licence 86h. Minister may recommend non-renewal of limited licence 32. Duration 33. Repeal of section 88 and substitution of new sections: 88. Suspension and revocation of commercial licence 88a. Suspension and revocation of supplementary radio licence 88b. Suspension and revocation of public licence 88c. Suspension and revocation of remote licence 88d. Suspension and revocation of limited licence 88e. Suspension and revocation—general 34. Repeal of sections 89a, 89b and 89c and substitution of new sections: 89a. Transfer of commercial licences 89b. Transfer of supplementary radio licences 89c. Transfer of public licences 89ca. Transfer of remote licences 89cb. Transfer of limited licence 89cc. Effect of transfer etc. of licence 35. Licence warrants 36. Insertion of new heading and sections: TABLE OF PROVISIONS—continued Section Division 2—Retransmission permits and temporary transmission permits 89da. Retransmission permits 89db. Duration of retransmission permit 89dc. Technical conditions for retransmission permit 89dd. Variation of retransmission permit 89de. Suspension and cancellation of retransmission permit 89df. Temporary transmission permit 89dg. Duration of temporary transmission permit 89dh. Advertising not allowed pursuant to temporary transmission permit 89di. Cancellation of temporary transmission permit 37. Insertion of new section: 92ua. Interpretation 38. Orders relating to ownership, control etc. of remote licences 39. Insertion of new section: 92va. Orders relating to ownership, control etc. of limited licences 40. Repeal of section 99a 41. Special provisions relating to advertisements 42. Broadcasting or televising of political matter or controversial matter 43. Insertion of new section: 119ac. Special provisions relating to limited licences 44. Licensee to keep accounts etc. 45. Penalty for unpaid licence fees 46. Insertion of new section: 125g. Delegation by Minister 47. New Schedule 48. Consequential and minor amendments of the Broadcasting Act 1942 49. Consequential amendments of other legislation 50. Conversion of re-broadcasting and re-transmission licences PART IV—AMENDMENTS OF THE RADIO LICENCE FEES ACT 1964 51. Principal Act 52. Interpretation PART V––AMENDMENTS OF TRANSITIONAL LEGISLATION 53. Amendments of the Broadcasting and Television Act 1942 as in force immediately before 1 January 1986 for the purpose of its continued application to old system licences 54. Amendments of the Broadcasting and Television Amendment Act 1985 55. Amendments of the Broadcasting Amendment Act (No. 3) 1987 SCHEDULE 1 CONSEQUENTIAL AMENDMENTS OF THE AUSTRALIAN BROADCASTING CORPORATION ACT 1983 SCHEDULE 2 NEW SCHEDULE TO THE BROADCASTING ACT 1942 SCHEDULE 3 CONSEQUENTIAL AND MINOR AMENDMENTS OF THE BROADCASTING ACT 1942 SCHEDULE 4 CONSEQUENTIAL AND MINOR AMENDMENTS OF THE BROADCASTING ACT 1942 SCHEDULE 5 CONSEQUENTIAL AMENDMENTS OF OTHER LEGISLATION Broadcasting Legislation Amendment Act 1988 No. 146 of 1988 An Act to amend the Australian Broadcasting Corporation Act 1983 and the Broadcasting Act 1942, and for related purposes [Assented to 26 December 1988] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Broadcasting Legislation Amendment Act 1988. Commencement 2. (1) Subject to subsections (2), (3), (4) and (5), this Act commences on the twenty-eighth day after the day on which it receives the Royal Assent. (2) Sections 8, 11 and 12 and Schedule 1 commence on a day to be fixed by Proclamation. (3) Sections 15, 16 and 36, subsection 48 (2), section 49 and Schedules 2, 4 and 5 commence on 1 March 1989. (4) Sections 51 and 52 are deemed to have commenced on 16 December 1987. (5) Paragraph 54 (1) (b) is deemed to have commenced on 4 August 1987. PART II—AMENDMENTS OF THE AUSTRALIAN BROADCASTING CORPORATION ACT 1983 Principal Act 3. In this Part, "Principal Act" means the Australian Broadcasting Corporation Act 19831. Interpretation 4. Section 3 of the Principal Act is amended: (a) by inserting the following definitions: " 'dealing', in relation to securities, has the meaning given by subsection (2); 'interest', in relation to money, includes interest on interest payable on that money; 'securities' includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents;"; (b) by adding at the end the following subsection: "(2) A reference in this Act to dealing with securities includes a reference to: (a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities; (b) creating, selling, purchasing or re-selling rights or options in respect of securities; and (c) entering into agreements or other arrangements relating to securities.". General powers of the Corporation 5. Section 25 of the Principal Act is amended by omitting subsection (2). 6. After section 25a of the Principal Act the following section is inserted: Hedging contracts etc. "25b. (1) Subject to subsection (3), the Corporation may enter into or deal with contracts, and make other arrangements, in relation to financial futures or foreign currency (including foreign currency futures) for the purpose of reducing or eliminating risks of adverse financial consequences to the Corporation in relation to: (a) any contract (including a contract that may be entered into under this section), or proposed contract, involving the payment or receipt of money by the Corporation; or (b) a borrowing or raising of money by the Corporation or a proposed borrowing or raising of money by the Corporation (including a borrowing or raising of money by the Corporation by dealing with securities); being risks that may arise from variations in the rate of currency exchange or rate of interest applicable to the contract or proposed contract, or to the borrowing or raising of money or proposed borrowing or raising of money, as the case may be, referred to in paragraph (a) or (b). "(2) The Minister may, by determination in writing: (a) set guidelines for the purpose of the exercise by the Corporation of its power under subsection (1); and (b) revoke or vary guidelines set for that purpose or set new guidelines for that purpose; and shall give to the Corporation a copy of each determination made under this subsection. "(3) The Corporation shall not enter into a contract, dealing or other arrangement under subsection (1) otherwise than in accordance with the guidelines having effect from time to time under subsection (2). "(4) A contract, dealing or other arrangement under subsection (1) does not require the approval of the Minister under subsection 70 (1). "(5) In this section: 'proposed borrowing or raising of money' means a proposed borrowing or raising of money that has been approved by the Treasurer under section 70b.". 7. After section 29 of the Principal Act the following section is inserted: Broadcasting facilities may be made available to limited licensees "29a. Where a person holds a limited licence granted under the Broadcasting Act 1942, the Corporation may make broadcasting facilities and staff available to the person so that the person can transmit programs to the general public pursuant to the licence.". 8. (1) Part V of the Principal Act is repealed and the following Part is substituted: "PART V—EMPLOYEES Staff of Corporation "32. (1) The Corporation may engage such employees as are necessary for the performance of its functions and the exercise of its powers. "(2) The terms and conditions of employment shall be determined by the Corporation. The Corporation is to achieve and maintain high standards as an employer "33. The Corporation shall endeavour to achieve and maintain high standards as an employer in relation to terms and conditions of employment, occupational health, industrial safety, industrial democracy, nondiscriminatory employment practices and other matters.". (2) Where a person is, immediately before commencement, an officer or a temporary employee of the Corporation, the person shall, upon commencement, be taken to be employed by the Corporation under section 32 of the amended Act. (3) A person to whom subsection (2) applies shall be taken to be employed on the terms and conditions that were applicable to the person immediately before commencement. (4) Subsection (3) does not apply to a person if the Corporation makes a determination under subsection 32 (2) of the amended Act and that determination: (a) applies to the person; and (b) takes effect on the day of commencement. (5) Subsection (3) continues to apply to a person until the Corporation makes a determination under subsection 32 (2) of the amended Act and that determination applies to the person. (6) In this section: "amended Act" means the Principal Act as amended by this section; "commencement" means the commencement of this section. Application and investment of money 9. Section 68 of the Principal Act is amended: (a) by omitting "The moneys" and substituting "Subject to subsection (2), the money"; (b) by adding at the end the following subsections: "(2) Money of the Corporation that is not immediately required for the purposes of the Corporation may be invested: (a) on fixed deposit with an approved bank; (b) in securities of the Commonwealth; or (c) in any other manner approved by the Treasurer. "(3) In subsection (2): 'approved bank' means the Reserve Bank of Australia or a bank approved by the Treasurer for the purposes of this section.". 10. After section 70 of the Principal Act the following sections are inserted: Borrowing from Commonwealth "70a. (1) The Minister for Finance may, on behalf of the Commonwealth, lend money to the Corporation. "(2) The money shall be lent on the terms and conditions determined by the Minister for Finance. "(3) A determination under subsection (2) shall be in writing. "(4) The money shall be lent out of money appropriated by the Parliament for that purpose. Borrowings otherwise than from Commonwealth "70b: (1) The Corporation may, with the approval of the Treasurer: (a) borrow money from someone other than the Commonwealth; or (b) raise money otherwise than by borrowing it. "(2) An approval under subsection (1) shall be in writing. "(3) The Corporation may borrow or raise money under subsection (1) only on terms and conditions that are specified in, or are consistent with, the approval under that subsection. "(4) Without limiting subsection (1), the Corporation may borrow or raise money under that subsection by dealing with securities. "(5) Without limiting subsection (1), the Corporation may borrow or raise money under that subsection in the currency of a foreign country. "(6) The Treasurer may give an approval under subsection (1) either: (a) in relation to a particular transaction; or (b) in relation to all transactions in a particular class of transactions. "(7) For the purposes of this section, if: (a) the Corporation issues an instrument that acknowledges a debt; (b) the instrument is issued in consideration of the payment or deposit of money; and (c) the instrument is issued in relation to a transaction that is not a routine operational transaction; the Corporation shall be taken to raise money otherwise than by borrowing and the amount of money raised shall be taken to be the amount of the money paid or deposited. "(8) For the purposes of this section, if: (a) the Corporation issues an instrument that acknowledges a debt; (b) the instrument is issued in consideration of the provision of credit; and (c) the instrument is issued in relation to a transaction that is not a routine operational transaction; the Corporation shall be taken to raise money otherwise than by borrowing and the amount of money raised shall be taken to be the amount of the value of the credit provided. "(9) For the purposes of this section, if: (a) the Corporation obtains credit; and (b) the credit is obtained in relation to a transaction that is not a routine operational transaction; the Corporation shall be taken to raise money otherwise than by borrowing and the amount of money raised shall be taken to be the amount of the value of the credit obtained. "(10) In subsections (7), (8) and (9): 'routine operational transaction' means a transaction that is carried out in the ordinary course of the day-to-day operations of the Corporation. Guarantee of borrowings by Corporation "70c. (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract that: (a) guarantees the repayment of money borrowed under paragraph 70b (1) (a) and the payment of interest on that money; or (b) guarantees the payment of an amount that the Corporation is liable to pay in relation to money raised under paragraph 70b (1) (b). "(2) The Treasurer may determine: (a) that the Commonwealth guarantees the repayment of money borrowed under paragraph 70b (1) (a) and the payment of interest on that money; or (b) guarantees the payment of an amount that the Corporation is liable to pay in relation to money raised under paragraph 70b (1) (b); and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth. "(3) A determination under subsection (2) shall be in writing. "(4) The amounts referred to in paragraphs (1) (b) and (2) (b) may be amounts of interest. "(5) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), either: (a) in relation to a particular transaction; or (b) in relation to all transactions in a particular class of transactions. "(6) A contract entered into under subsection (1) may include a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a foreign country. "(7) A contract entered into under subsection (1) may include a provision waiving the immunity of the Commonwealth from suit in the courts, or a specified court, of a foreign country in relation to any proceedings under the contract. Corporation may give security "70d. The Corporation may give security over the whole or any part of its land or other assets for: (a) the repayment of money borrowed under section 70a or paragraph 70b (1) (a) and the payment of interest on that money; (b) the payment of amounts (including any interest) that the Corporation is liable to pay in relation to money raised under paragraph 70b (1) (b); or (c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under: (i) a contract entered into under subsection 70c (1); or (ii) a determination made under subsection 70c (2). Borrowings not otherwise permitted "70e. The Corporation may borrow money, or raise money otherwise than by borrowing, only in accordance with sections 70a and 70b. Delegation by Treasurer "70f. The Treasurer may by signed instrument delegate to a person performing the duties of an office in the Department of the Treasury all or any of the Treasurer's powers under sections 70b and 70c.". Consequential amendments of the Australian Broadcasting Corporation Act 1983 11. The Principal Act is amended as set out in Schedule 1. Transitional provisions 12. A delegation to a person that was in force under section 23 or 24 of the Principal Act immediately before the commencement of this section continues in force, after the commencement of this section, as if the delegation had been made to the person under section 23 or 24 as amended by section 11 and Schedule 1 to this Act. PART III—AMENDMENTS OF THE BROADCASTING ACT 1942 Principal Act 13. In this Part, "Principal Act" means the Broadcasting Act 19422. Interpretation 14. Section 4 of the Principal Act is amended: (a) by inserting in subsection (1) the following definitions: " 'adequate and comprehensive service' has the meaning given by subsections (6), (7) and (12); 'Fees Act' means the Radio Licence Fees Act 1964, the Television Licence Fees Act 1964 or the Broadcasting (Limited Licences) Fees Act 1988; 'planning grounds' means grounds relating to the planning or development of broadcasting services or radiocommunications; 'radiocommunication' has the same meaning as in the Radiocommunications Act 1983; 'related corporation' has the same meaning as in the Companies Act 1981; 'relevant special event', in relation to a limited licence that is granted for special event purposes, means the festival, exhibition, exposition, sporting event or other special event in relation to which the licence is granted; 'remote Aboriginal community' means a community declared under subsection 81b (9) to be a remote Aboriginal community for the purposes of section 81b; 'service specification', in relation to a licence, means a specification of service area of the licence and includes: (a) in the case of a public licence—the specification of the purpose for which the licence is granted, to the extent that that purpose is specified by the Minister in accordance with Part IIIb; and (b) in the case of a limited licence—the specification of: (i) whether the service to be provided pursuant to the licence is to be one involving: (a) the broadcasting of radio programs; or (b) the broadcasting of television programs; and (ii) the purpose for which the licence is granted, to the extent that that purpose is specified by the Minister in accordance with Part IIIb; 'technical condition' means: (a) in relation to a licence warrant in respect of a licence (other than a re-transmission licence) or an MCS permit warrant—a condition relating to: (i) the design, siting, installation, maintenance or operation (including operating power, constancy and frequency) of the radiocommunications transmitter or transmitters to be used for the transmission of programs pursuant to the licence or MCS permit; (ii) the design, siting, installation, maintenance or operation of facilities (not including studios or studio equipment or facilities) to be used in association with the radiocommunications transmitter or transmitters; or (iii) the siting of the studio or studios to be used in connection with the transmission of programs pursuant to the licence or MCS permit; or (b) in relation to a licence warrant in respect of a retransmission licence—a condition relating to the design, siting, installation, maintenance or operation of the telegraph lines and other equipment or facilities to be used for or in connection with the transmission of programs pursuant to the licence; 'technical grounds' means grounds relating to technical matters;"; (b) by omitting from paragraph (6) (d) "and"; (c) by inserting after paragraph (6) (d) the following paragraph: "(da) the extent (if any) to which the licensee broadcasts different programs from different radiocommunications transmitters pursuant to the licence; and"; (d) by inserting after paragraph (7) (d) the following paragraph: "(da) the extent (if any) to which the licensee broadcasts different programs from different radiocommunications transmitters pursuant to the permit;". Unauthorised operation of certain transmitters prohibited 15. Section 6a of the Principal Act is amended: (a) by omitting subsection (1) and substituting the following subsection: "(1) A person shall not, without reasonable excuse, operate a radiocommunications transmitter to transmit radio programs or television programs to the general public except as authorised by: (a) a licence warrant; (b) an MCS permit warrant; (c) a retransmission permit; or (d) a temporary transmission permit."; (b) by omitting from subsection (1a) "licence warrant" (wherever occurring) and substituting "warrant or permit"; (c) by omitting subsection (5). 16. Section 6b of the Principal Act is repealed and the following section is substituted: Use of telegraph lines for retransmission of programs "6b. (1) A person shall not use a telegraph line to transmit a program broadcast or transmitted by the Corporation or the Service unless: (a) the telegraph line is erected upon private land or within a private building; (b) the transmission is made for the purpose of broadcasting the program; (c) the transmission is made in the course of a telephone call between that person and another person; or (d) the transmission is authorised by a retransmission permit. "(2) A person shall not use a telegraph line to transmit a program broadcast or transmitted by a licensee unless: (a) the telegraph line is erected upon private land or within a private building; (b) the transmission terminates at a place within the licence's service area; (c) the transmission is made for the purpose of broadcasting the program; (d) the transmission is made in the course of a telephone call between that person and another person; or (e) the transmission is authorised by a retransmission permit. "(3) Examples of the operation of this section and section 89da are set out in the Schedule.". Functions and powers of Tribunal 17. Section 16 of the Principal Act is amended by inserting after subsection (6a) the following subsections: "(6b) The Tribunal may do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions and, in particular, may: (a) produce, publish or distribute documents; (b) conduct or arrange for conferences or seminars; (c) provide information services; (d) otherwise publish or distribute information; (e) impose charges, subject to subsection (6c), in relation to a matter or activity referred to in paragraph (a), (b), (c) or (d); and (f) do anything incidental to any of its powers. Note: "document" is defined by section 25 of the Acts Interpretation Act 1901 as including, among other things, any article or material from which sounds, images or writing can be reproduced. "(6c) The Tribunal shall not impose a charge in relation to the publication of a document in a particular manner or form if the Tribunal is required by this Act to publish the document in that manner or form. "(6d) Subsection (6c) is subject to subsection 124 (3) (which requires the Tribunal to make information assembled under section 124 available, whether gratis or otherwise, as the Tribunal thinks fit, to any person upon request).". 18. After section 26 of the Principal Act the following section is inserted: Money of the Tribunal "26a. The money of the Tribunal consists of: (a) money paid to the Tribunal under section 26; and (b) money received by the Tribunal in connection with the performance of its functions or the exercise of its powers.". Application of money 19. Section 27a of the Principal Act is amended by inserting in paragraph (a) "or the exercise of its powers" after "functions". 20. After section 79e of the Principal Act the following section is inserted: Broadcasting facilities may be made available to limited licensees "79ea. (1) Where a person holds a limited licence, the Service may make broadcasting facilities and staff available to the person so that the person can transmit programs to the general public pursuant to the licence. "(2) Subsection (1) does not limit the power of the Service to provide facilities for the transmission of programs by other persons.". Responsibility for programs 21. Section 79f of the Principal Act is amended by adding at the end the following subsection: "(2) Subsection (1) does not apply in a case where the Service makes broadcasting facilities available to a person under section 79ea.". 22. After section 81 of the Principal Act the following sections are inserted: Who is eligible for the grant of a licence? "81aa. (1) A commercial licence shall only be granted to a company that is formed within the limits of the Commonwealth or a Territory and has a share capital. "(2) A public licence shall only be granted to a corporation that is formed within the limits of the Commonwealth or a Territory. "(3) A public licence shall not be granted to: (a) a corporation whose objects include the acquisition of profit or gain for the benefit of its individual members; (b) a government corporation; or (c) a political party. "(4) A remote licence shall only be granted to: (a) a company that is formed within the limits of the Commonwealth or a Territory and has a share capital; or (b) a consortium of companies to which paragraph (a) applies. "(5) A limited licence shall only be granted to a corporation that is formed within the limits of the Commonwealth or a Territory. Licence held by a consortium "81ab. Where a remote licence or a supplementary radio licence is granted to the members of a consortium: (a) the persons to whom the licence is granted take the licence in equal undivided shares as owners in common; (b) references in the licence, in this Act and in any other law to the licensee or to the holder of the licence shall be read as references to each co-owner of the licence; and (c) the performance by a co-owner of the licence of an obligation imposed by the licence, by this Act or by any other law on the licensee or the holder of the licence shall, to the extent of that performance, be deemed to release that co-owner and each other co-owner of the licence from that obligation.". 23. After section 81a of the Principal Act the following sections are inserted: Purpose of limited licence "81b. (1) A limited licence shall be granted for: (a) information purposes; (b) special event purposes; (c) remote Aboriginal community purposes; (d) special interest purposes; or (e) a purpose specified by the regulations in accordance with section 81c. ''(2) In setting out, in a notice under subsection 82ab (3) or (5), the service specifications to which a limited licence is to be subject, the Minister shall specify that the licence is to be: (a) granted for particular purposes; or (b) granted for purposes within a particular range of purposes. "(3) Where the Minister specifies, in a notice under subsection 82ab (3) or (5), that the licence is to be granted for purposes within a particular range of purposes, the Tribunal shall determine the particular purposes within that range for which the licence is granted. "(4) The purpose for which a limited licence is granted shall be ascertained by reference to: (a) the service specifications of the licence; and (b) the conditions (if any) imposed by the Tribunal on the licence under paragraph 84 (4) (b) or subsection 85 (1) or 86 (6). "(5) A limited licence is granted for information purposes if the licence is granted for the purposes of providing: (a) an information service that is relevant to the interests of people living or working in or visiting the service area of the licence; or (b) an information service that presents data solely or primarily in the form of alphanumeric text or graphics (including diagrams, tables or images). "(6) A limited licence is granted for special event purposes if the licence is granted for the purpose of providing a service that has a substantial connection with a festival, exhibition, exposition, sporting event or other special event. "(7) A limited licence is granted for remote Aboriginal community purposes if the licence is granted for the purpose of serving the cultural, linguistic, educational, recreational or other needs of a remote Aboriginal community. "(8) A limited licence is granted for special interest purposes if the licence is granted for the purpose of enabling a person to use broadcasting facilities of the Corporation or the Service to transmit programs in order to serve a particular special interest, or particular special interests, of the community, or a section of the community, that is located within the service area of the licence. "(9) The Minister for Aboriginal Affairs, or an authorised Aboriginal Affairs officer, may declare that a community is a remote Aboriginal community for the purposes of this section. "(10) A declaration under subsection (9) shall be made by notice published in the Gazette. "(11) In this section: 'authorised Aboriginal Affairs officer' means a person who is performing the duties of an office in the Department administered by the Minister for Aboriginal Affairs and is authorised by that Minister, in writing, to make declarations under subsection (9). Regulations may add new categories of limited licence "81c. (1) The regulations may specify a purpose as a purpose for which a limited licence may be granted. "(2) Where regulations are made for the purposes of subsection (1), the regulations: (a) may specify additional matters of which the Tribunal must be satisfied before granting a limited licence that has that purpose; and (b) may specify additional conditions that are to apply to a limited licence that has that purpose.". Applications for grant of certain licences 24. (1) Section 82 of the Principal Act is amended: (a) by inserting in subsection (1) "that" after "a notice"; (b) by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs: "(a) specifies the category of licence and sets out: (i) the service specifications to which the licence is to be subject; and (ii) an outline of the technical conditions proposed to be included in the licence warrant; (b) invites interested persons to apply to the Tribunal, in accordance with the regulations, for the grant of the licence; and (c) notifies interested persons that they will be able to make submissions to the Tribunal as part of the inquiry that will be conducted in relation to the grant of the licence."; (c) by inserting after subsection (1) the following subsections: "(1a) A notice under subsection (1) shall specify the day by which applications must be made to the Tribunal. "(1b) The day specified under subsection (1a) shall be not less than 56 days after the day on which the notice is published in the Gazette.". (2) The amendments made by subsection (1) apply in relation to a licence only if the notice in relation to the licence under subsection 82 (1) of the Principal Act is published after the commencement of this subsection. Applications for grant of supplementary radio licences 25. (1) Section 82a of the Principal Act is amended by omitting subsection (9). (2) The amendment made by subsection (1) applies in relation to a licence only if the notice in relation to the licence under subsection 82a (4) of the Principal Act is given after the commencement of this subsection. 26. After section 82a of the Principal Act the following sections are inserted: Applications for grant of limited licences "82ab. (1) A person may apply to the Minister for the grant of a limited licence. "(2) The application must be in a form approved by the Minister. "(3) Where the Minister receives an application under subsection (1), the Minister shall: (a) dismiss the application on technical or planning grounds; (b) defer consideration of the application on technical or planning grounds; (c) determine not to consider the application but to exercise the Minister's powers under subsection (5) instead; or (d) refer the application to the Tribunal together with a written notice that sets out: (i) the service specifications to which the licence is to be subject; and (ii) an outline of the technical conditions proposed to be included in the licence warrant. "(4) The Minister shall not exercise the power under paragraph (3) (b) or (c) in relation to an application more than 2 months after receiving the application. "(5) The Minister may call for applications for a limited licence or limited licences by publishing in the Gazette and in a newspaper or newspapers, if any, circulating in the area concerned, a notice that: (a) sets out, in relation to the licence or each of the licences: (i) the service specifications to which the licence is to be subject; and (ii) an outline of the technical conditions proposed to be included in the licence warrant; (b) invites interested persons to apply to the Tribunal, in accordance with the regulations, for the grant of the licence or of one or more of the licences; and (c) where the notice relates to 2 or more licences—sets out the maximum number of licences that the Tribunal may grant pursuant to the notice. "(6) The Minister may exercise the powers under subsection (5) either: (a) in response to an application under subsection (1); or (b) on the Minister's own initiative. "(7) A notice under subsection (5) shall specify the day by which applications must be made to the Tribunal. "(8) The day specified under subsection (7) shall be not less than 56 days after the day on which the notice is published in the Gazette. "(9) Where the Minister sets out in a notice under subsection (5) the maximum number of licences that the Tribunal may grant pursuant to the notice, the Tribunal may grant a licence, or a number of licences not exceeding that maximum number, pursuant to the notice. "(10) Where the Minister may defer consideration of an application under this section, the Minister: (a) may defer consideration of the application either indefinitely or for a particular period; and (b) may specify the period by reference to the happening of a particular event or the existence of particular circumstances. "(11) Where the Minister exercises a power under paragraph (3) (a), (b) or (c), the Minister shall give the applicant, as soon as practicable after exercising the power, written notice of the Minister's decision. Tribunal may request outline of program content and format "82ac. (1) The Tribunal may ask an applicant for a limited licence to give the Tribunal a written statement that sets out an outline of the content and format of the programs that the applicant intends to broadcast if granted the licence. "(2) A request under subsection (1) shall be in writing. Tribunal may request applicant to give copy of constituent documents "82ad. (1) The Tribunal may ask an applicant for a limited licence to give the Tribunal a copy of the applicant's constituent documents. "(2) A request under subsection (1) shall be in writing.". 27. Section 83 of the Principal Act is repealed and the following sections are substituted: Undertaking "83. (1) An applicant for the grant of a licence shall, before the licence is granted, give a written undertaking to the Tribunal that the applicant will, if granted the licence: (a) comply with the conditions of the licence; (b) provide an adequate and comprehensive service pursuant to the licence; (c) encourage the provision of programs wholly or substantially produced in Australia; and (d) use, and encourage the use of, Australian creative resources in connection with the provision of programs. "(2) Subsection (1) does not apply to a limited licence. Criteria for grant of commercial licence "83a. (1) The Tribunal shall not refuse to grant a commercial licence to a person unless it is required to do so by subsection (2), (3), (4), (5), (7), (9) or (10). "(2) The Tribunal shall refuse to grant a commercial licence to a person if the person has failed to give an undertaking in accordance with subsection 83 (1). "(3) The Tribunal shall refuse to grant a commercial licence to a person if the Tribunal is satisfied that the grant of the licence would be contrary to a provision of this Act. "(4) The Tribunal shall refuse to grant a commercial licence to a person if it appears to the Tribunal, having regard only to the following matters or circumstances, that it is advisable in the public interest to refuse to grant the licence to the person: (a) the Tribunal is not satisfied that the person: (i) is a fit and proper person to hold the licence; (ii) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and (iii) is otherwise capable of complying with the conditions of the licence; (b) if the licence's service area: (i) is not a metropolitan service area; and (ii) overlaps the service area of at least one other commercial licence whose service area is also not a metropolitan service area; the need to avoid undue concentration of influence, whether direct or indirect, on the person and on the corporation or corporations holding the other licence or licences; (c) where the service area of the licence overlaps the service area of another non-limited licence or other non-limited licences—the need for the commercial viability of the service or services provided pursuant to the other licence or other licences. "(5) The Tribunal shall refuse to grant a commercial licence to a person if it appears to the Tribunal that a licence of the kind contemplated by the matters (other than the outline of the technical conditions proposed to be included in the licence warrant) set out in the notice under paragraph 82 (1) (a) should not be granted. "(6) The reference in subsection (5) to the matters set out in the notice under paragraph 82 (1) (a) is a reference to such matters as affected by any determination under subsection 83f (1). "(7) Subject to subsection (8), the Tribunal shall refuse to grant a commercial licence to a person if the circumstances are such that, if the Tribunal granted the licence to the person: (a) the Tribunal would have reasonable grounds for believing that a person would be contravening section 90c, 92 or 92jb in circumstances that would constitute an offence against that section; (b) a person would be contravening section 90f, 92c or 92jd; or (c) a condition specified in section 90g or 92d would be contravened. "(8) For the purposes of subsection (7), the Tribunal may disregard a contravention of section 90c, 92 or 92jb by a person if satisfied that: (a) as soon as practicable after the grant of the licence the person will take all reasonable steps with a view to causing the contravention to cease; or (b) the contravention will not result in the person being, within the meaning of Part IIIba, in a position to control the company to which the licence is to be granted. "(9) Subject to subsection (10), where there are 2 or more applicants for a commercial licence, each of whom is a person to whom, but for this subsection, the Tribunal would be required to grant the licence, the Tribunal shall grant the licence to the most suitable applicant. "(10) Where the licence is a commercial radio licence, the following provisions have effect: (a) the Tribunal shall give the eligible applicant who, in the opinion of the Tribunal, is the most suitable applicant notice in writing that the licence is available to that applicant; (b) if an applicant who is given notice under paragraph (a) or (c) tenders to the Commonwealth, before the end of the relevant period, an amount equal to the amount of the establishment fee, the Tribunal shall grant the licence to that applicant; (c) if an applicant who is given notice under paragraph (a) or this paragraph does not tender to the Commonwealth, before the end of the relevant period, an amount equal to the amount of the establishment fee and there is at least one other eligible applicant: (i) the application by the applicant given that notice shall be deemed to have been withdrawn; and (ii) the Tribunal shall give the remaining eligible applicant, or the one of the remaining eligible applicants who, in the opinion of the Tribunal, is the most suitable applicant, notice in writing that the licence is available to that applicant; (d) if an applicant who is given notice under paragraph (a) or (c) does not tender to the Commonwealth, before the end of the relevant period, an amount equal to the amount of the establishment fee, the Minister may: (i) determine that, even though the relevant period has ended, the licence shall continue to be available to that applicant for such further period as is specified in the determination; or (ii) determine that a fresh notice under subsection 82 (1) should be published in relation to the proposed grant of the licence; (e) if a determination is made under subparagraph (d) (i) in relation to an applicant and the applicant, before the end of the further period specified in the determination, tenders to the Commonwealth, an amount equal to the sum of: (i) the amount of the establishment fee; and (ii) the amount of any late payment charge payable under paragraph (f); the Tribunal shall grant the licence to the applicant; (f) where an applicant in relation to whom a determination under subparagraph (d) (i) has been made tenders to the Commonwealth, after the end of the relevant period, an amount in respect of the establishment fee, an additional fee is due and payable by way of penalty by the applicant at the rate of 20% per annum on the amount tendered, computed from the end of the relevant period until the day on which the amount is tendered; (g) if a determination is made under subparagraph (d) (i) in relation to an applicant and the applicant does not tender to the Commonwealth, before the end of the further period specified in the determination, an amount equal to the sum of the amounts specified in subparagraphs (e) (i) and (ii), the Minister may determine that a fresh notice under subsection 82 (1) should be published in relation to the proposed grant of the licence. "(11) In subsection (10): 'eligible applicant', in relation to the grant of a commercial radio licence, means a person to whom, but for subsection (9), the Tribunal would be required to grant the licence; 'establishment fee', in relation to the grant of a commercial radio licence, means the fee payable on the grant of the licence under subsection 6 (1a) of the Radio Licence Fees Act 1964; 'relevant period', in relation to an applicant who is given notice under paragraph (10) (a) or (c), means: (a) the period of 60 days commencing on the day on which the notice is given; or (b) if, before the end of that period, legal proceedings are commenced to challenge the giving of the notice or to prevent the granting of the licence to the applicant—the period of 30 days commencing on the day after the termination of all such proceedings (whether commenced before or after the end of the period referred to in paragraph (a)); 'termination' includes termination by way of withdrawal or final determination and, when used in relation to legal proceedings, includes the termination of any appeal arising out of those proceedings. Criteria for grant of supplementary radio licence "83b. (1) The Tribunal shall not refuse to grant a supplementary radio licence to a person unless it is required to do so by subsection (2), (3), (4), (5) or (7). "(2) The Tribunal shall refuse to grant a supplementary radio licence to a person if the person has failed to give an undertaking in accordance with subsection 83 (1). "(3) The Tribunal shall refuse to grant a supplementary radio licence to a person if the Tribunal is satisfied that the grant of the licence would be contrary to a provision of this Act. "(4) The Tribunal shall refuse to grant a supplementary radio licence to a person if it appears to the Tribunal, having regard only to the following matters or circumstances, that it is advisable in the public interest to refuse to grant the licence to the person: (a) the Tribunal is not satisfied that the person: (i) is a fit and proper person to hold the licence; (ii) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and (iii) is otherwise capable of complying with the conditions of the licence; (b) where the licence's service area overlaps the service area of another non-limited licence or other non-limited licences—the need for the commercial viability of the service or services provided pursuant to the other licence or licences. "(5) The Tribunal shall refuse to grant a supplementary radio licence to a person if it appears to the Tribunal that a licence of the kind contemplated by the matters (other than the outline of the technical conditions proposed to be included in the licence warrant) set out in the notice under paragraph 82a (4) (a) should not be granted. "(6) The reference in subsection (5) to the matters set out in the notice under paragraph 82a (4) (a) is a reference to such matters as affected by any determination under subsection 83f (1). "(7) The Tribunal shall refuse to grant a supplementary radio licence to a person if the Tribunal, having due regard to the need for the commercial viability of radio services provided pursuant to other non-limited licences that have service areas that overlap the service area of the supplementary radio licence, determines: (a) that an additional radio service provided pursuant to a commercial radio licence having the same service area as that of 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 (b) that, having considered: (i) the need for an adequate and comprehensive service to be provided pursuant to such an additional licence; and (ii) whether, in the Tribunal's opinion, there is or would, if the supplementary licence were granted, be an undue concentration of the ownership or control, direct or indirect, of the media in the service area of the supplementary radio licence; it is in the public interest that applications for such a commercial radio licence should be invited. "(8) The Tribunal shall, as soon as practicable after making a determination under subsection (7): (a) inform the applicant and the Minister, by notice in writing, of the determination and the reasons for the determination; and (b) make a written recommendation to the Minister that the Minister invite applications for a commercial radio licence to serve the area that would have been the service area of the supplementary radio licence. Criteria for grant of public licence "83c. (1) The Tribunal shall not refuse to grant a public licence to a person unless it is required to do so by subsection (2), (3), (4), (5) or (7). "(2) The Tribunal shall refuse to grant a public licence to a person if the person has failed to give an undertaking in accordance with subsection 83 (1). "(3) The Tribunal shall refuse to grant a public licence to a person if the Tribunal is satisfied that the grant of the licence would be contrary to a provision of this Act. "(4) The Tribunal shall refuse to grant a public licence to a person if it appears to the Tribunal, having regard only to the following matters or circumstances, that it is advisable in the public interest to refuse to grant the licence to the person: (a) the Tribunal is not satisfied that the person: (i) is a fit and proper person to hold the licence; (ii) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and (iii) is otherwise capable of complying with the conditions of the licence; (b) where the service area of the licence overlaps the service area of another non-limited licence or other non-limited licences—the need for the commercial viability of the service or services provided pursuant to the other licence or other licences; (c) the undesirability of a person being in a position to exercise control, within the meaning of Division 6 of Part IIIba, of more than one public radio licence or more than one public television licence; (d) the undesirability of: (i) the Commonwealth, a State or the Northern Territory or a statutory authority of the Commonwealth, a State or a Territory; or (ii) a political party; being in a position to exercise control, within the meaning of Division 6 of Part IIIba, of a public licence; (e) the undesirability of a public licence being held by a corporation whose operations pursuant to the licence will be conducted, either wholly or substantially, for the purpose of the acquisition by another person of profit or gain; (f) the desirability of members of the community to be served pursuant to a public licence being in a position to exercise control of the licence; (g) the need to encourage members of the community to be served pursuant to a public licence to participate in: (i) the operations of the licensee in providing the service pursuant to the licence; and (ii) the selection and provision of programs to be broadcast pursuant to the licence. "(5) The Tribunal shall refuse to grant a public licence to a person if it appears to the Tribunal that a licence of the kind contemplated by the matters (other than the outline of the technical conditions proposed to be included in the licence warrant) set out in the notice under paragraph 82 (1) (a) should not be granted. "(6) The reference in subsection (5) to the matters set out in the notice under paragraph 82 (1) (a) is a reference to such matters as affected by any determination under subsection 83f (1). "(7) Where there are 2 or more applicants for a public licence, each of whom is a person to whom, but for this subsection, the Tribunal would be required to grant the licence, the Tribunal shall grant the licence to the most suitable applicant. Criteria for grant of remote licence "83d. (1) The Tribunal shall not refuse to grant a remote licence to a person unless it is required to do so by subsection (2), (3), (4), (5) or (7). "(2) The Tribunal shall refuse to grant a remote licence to a person if the person has failed to give an undertaking in accordance with subsection 83 (1). "(3) The Tribunal shall refuse to grant a remote licence to a person if the Tribunal is satisfied that the grant of the licence would be contrary to a provision of this Act. "(4) The Tribunal shall refuse to grant a remote licence to a person if 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: (a) the Tribunal is not satisfied that the person: (i) is a fit and proper person to hold the licence; (ii) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and (iii) is otherwise capable of complying with the conditions of the licence; (b) where the service area of the licence overlaps the service area of another non-limited licence or other non-limited licences—the need for the commercial viability of the service or services provided pursuant to the other licence or other licences; (c) subject to the desirability of ensuring that, in all parts of Australia, there are available: (i) at least one service provided pursuant to a commercial radio licence or remote radio licence; and (ii) at least 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; (d) 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; (e) any relevant government policy statements; (f) any matters prescribed by regulations for the purposes of this paragraph; (g) any other matters or circumstances that the Tribunal considers relevant. "(5) The Tribunal shall refuse to grant a remote licence to a person if it appears to the Tribunal that a licence of the kind contemplated by the matters (other than the outline of technical conditions proposed to be included in the licence warrant) set out in the notice under paragraph 82 (1) (a) should not be granted. "(6) The reference in subsection (5) to the matters set out in the notice under paragraph 82 (1) (a) is a reference to such matters as affected by any determination under subsection 83f (1). "(7) Where there are 2 or more applicants for a remote licence, each of whom is a person to whom, but for this subsection, the Tribunal would be required to grant the licence, the Tribunal shall grant the licence to the most suitable applicant. Criteria for grant of limited licence "83e. (1) The Tribunal shall not grant a limited licence to a person if the Tribunal is satisfied that: (a) the person is not a fit and proper person to hold the licence; (b) the person is not capable of complying with the conditions of the licence; (c) any relevant matters specified by regulations made for the purposes of subsection 81c (1) have not been satisfied; or (d) it is otherwise not in the public interest to grant the licence to the person. "(2) In deciding whether to grant a limited licence to a person, the Tribunal may have regard to: (a) any outline provided by the person in accordance with section 82ac; (b) any failure by the person to provide an outline in accordance with section 82ac; (c) 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 92va; and (d) any other matters or circumstances that the Tribunal considers relevant. "(3) The Tribunal may refuse to grant a limited licence to a person if it appears to the Tribunal that a licence of the kind contemplated by the matters (other than the outline of the technical conditions proposed to be included in the licence warrant) set out in the notice under paragraph 82ab (3) (d) or subsection 82ab (5) should not be granted. "(4) The reference in subsection (3) to the matters set out in the notice under paragraph 82ab (3) (d) or subsection 82ab (5) is a reference to such matters as affected by any determination under subsection 83f (1). "(5) Subject to subsection (6), where there are 2 or more applicants for a limited licence, each of whom is a person to whom, but for this subsection, the Tribunal would be able to grant the licence, the Tribunal shall grant the licence to the most suitable applicant. "(6) If regulations are made under the Broadcasting (Limited Licences) Fees Act 1988 prescribing a fee payable on the grant of a limited licence that is payable in accordance with a system of tendering, bidding or auction, subsection (5) ceases to have effect in relation to that licence while those regulations are in force and regulations may be made under this Act prescribing the rules that are to apply to the grant of that licence where there are 2 or more applicants for that licence, each of whom, but for the regulations, is a person to whom the Tribunal would be able to grant that licence. Minister may revise service specifications before grant of licence "83f. (1) Subject to subsection (2), the Minister may, at any time before the grant of a licence, revoke the service specifications determined in relation to the licence under: (a) subsection 82 (1); (b) subsection 82a (4); (c) subsection 82ab (3) or (5); or (d) this subsection; and determine that the new service specifications specified in the determination are the service specifications to which the licence is to be subject. "(2) The service specifications determined by the Minister under subsection (1) must be substantially consistent with the service specifications determined in relation to the licence under: (a) if the licence is a supplementary licence—subsection 82a (4); (b) if the licence is a limited licence—subsection 82ab (3) or (5), as the case requires; or (c) in any other case—subsection 82 (1). "(3) Where the Minister makes a determination under subsection (1), the Minister shall notify the Tribunal accordingly.". Imposition of licence conditions 28. (1) Section 84 of the Principal Act is amended: (a) by omitting subsections (1) and (2) and substituting the following subsection: "(1) Upon the grant of a licence (other than a public licence or a limited licence), the conditions of the licence are: (a) the service specifications determined by the Minister under: (i) if the licence is a supplementary licence—subsection 82a (4) or 83f (1); or (ii) in any other case—subsection 82 (1) or 83f (1); (b) such conditions, not relating to matters referred to in the definition of 'service specification' or 'technical condition' in subsection 4 (1), as are imposed by the Tribunal; and (c) the conditions imposed by sections 90k, 90l, 90m, 92fa, 92g, 92h and 129."; (b) by omitting paragraph (3) (a) and substituting the following paragraph: "(a) the service specifications determined by the Minister under subsection 82 (1) or 83f (1);"; (c) by omitting from paragraph (3) (b) "and"; (d) by adding at the end of subsection (3) the following word and paragraph: "; and (d) the conditions imposed by sections 119ab and 129."; (e) by adding at the end the following subsection: "(4) Upon the grant of a limited licence, the conditions of the licence are: (a) the service specifications determined by the Minister under subsection 82ab (3) or (5) or 83f (1); (b) the conditions imposed by the Tribunal for the purpose of giving effect to any determination by the Tribunal, under subsection 81b (3), of the purpose for which the licence is granted; (c) any other conditions, not relating to matters referred to in the definition of 'service specification' or 'technical condition' in subsection 4 (1), imposed by the Tribunal; (d) any conditions imposed by regulations made for the purposes of subsection 81c (1); and (e) the conditions imposed by sections 119ac and 129.". (2) The amendments made by subsection (1) apply in relation to a non-limited licence only if the notice in relation to the licence under subsection 82 (1) or 82a (4) of the Principal Act is published or given after the commencement of this subsection. Variation of licence conditions 29. Section 85 of the Principal Act is amended by inserting after paragraph (5) (aa) the following paragraph: "(ab) in the case of a direction to vary the purpose of a limited licence—the Minister, or an officer authorised by the Minister in writing for the purposes of this paragraph, shall also give the Tribunal notice in writing: (i) specifying the direction proposed to be given by the Minister; and (ii) inviting the Tribunal to make representations to the Minister relating to the proposed direction;". 30. (1) Section 86 of the Principal Act is repealed and the following sections are substituted: Renewal of licences—general "86. (1) Subject to subsection (2), an application for the renewal of a licence shall be lodged with the Tribunal not less than 20 weeks before the expiration of the licence. "(2) An application for the renewal of a limited licence may, with the approval of the Tribunal, be lodged less than 20 weeks before the expiration of the licence. "(3) The application must be made in accordance with the regulations. "(4) The licensee shall, before the licence is renewed, give a fresh undertaking in writing to the Tribunal in the same terms as an undertaking required to be given under subsection 83 (1). "(5) Subsection (4) does not apply to a limited licence. "(6) On the renewal of a licence, the Tribunal may vary or revoke any of the conditions of the licence or impose further conditions. "(7) The Tribunal shall not, under subsection (6), vary, revoke or impose a condition relating to a matter referred to in the definition of 'service specification' or 'technical condition