Schedule 2 — Amendments commencing on Proclamation

Broadcasting Services Act 1992

1  Subsection 6(1)

Insert:

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .

2  Subsection 6(1)

Insert:

near relative , in relation to a person, means:

                     (a)  a parent, step-parent, child, stepchild, grandparent, grandchild, brother or sister of the person; or

                     (b)  the spouse of the first-mentioned person.

3  Subsection 6(1) (definition of spouse )

Omit “within the meaning of the Acts Interpretation Act 1901 ”.

4  Subsection 6(1)

Insert:

stepchild : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.

5  Subsection 6(1)

Insert:

step-parent : without limiting who is a step-parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step-parent of the person if he or she would be the person’s step-parent except that he or she is not legally married to the person’s parent.

6  Subsection 6(3)

After “(1)”, insert “and the definition of near relative in subsection (1)”.

7  Subsection 43B(1)

Repeal the subsection.

8  At the end of paragraph 61CB(1)(b)

Add “and”.

9  After paragraph 61CB(1)(b)

Insert:

                     (c)  the transfer occurred before the commencement of this paragraph;

10  After subsection 61CB(1)

Insert:

Change in control of licence

          (1A)  For the purposes of this Division, if either of the following events (a control event ) happens after the commencement of this subsection:

                     (a)  a person starts to be in a position to exercise control of a regional commercial radio broadcasting licence;

                     (b)  a person ceases to be in a position to exercise control of a regional commercial radio broadcasting licence;

the control event is a trigger event for the licence.

          (1B)  Subsection (1A) does not apply to a control event if:

                     (a)  the control event is attributable to a transfer of shares from one person (the first person ) to another person (the second person ); and

                     (b)  there is no consideration for the transfer; and

                     (c)  the second person is a near relative of the first person.

Note:          For near relative , see subsection 6(1).

          (1C)  Subsection (1A) does not apply to a control event if the control event is attributable to circumstances beyond the control of each person who was, immediately before the control event occurred, in a position to exercise control of the regional commercial radio broadcasting licence concerned.

          (1D)  The regulations may provide for exemptions from subsection (1A).

11  After subsection 61CB(2)

Insert:

          (2A)  Subsection (2) does not apply to a registrable media group that comes into existence after the commencement of this subsection only because the ACMA varies, under section 29, the designation of a licence area.

          (2B)  Subsection (2) does not apply to a registrable media group that comes into existence after the commencement of this subsection only because the ACMA makes or varies a determination, under section 30, of the licence area population of a licence area.

          (2C)  The regulations may provide for exemptions from subsection (2).

12  At the end of section 61CB

Add:

             (4)  Subsection (3) does not apply to a change of controller of a registrable media group if the change of controller is attributable to circumstances beyond the control of each person who was, immediately before the change occurred, a controller of the registrable media group.

             (5)  The regulations may provide for exemptions from subsection (3).

13  Transitional—local presence

(1)       The repeal of subsection 43B(1) of the Broadcasting Services Act 1992 by this Schedule does not affect the continuity of a condition imposed, before the commencement of this item, as a result of that subsection.

(2)       Subitem (1) is enacted for the avoidance of doubt.

(3)       Subitem (1) does not prevent the revocation, under section 43 of the Broadcasting Services Act 1992 , of the condition.