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Broadcasting Services Amendment (Media Ownership) Bill 2006

Schedule 1 Amendments commencing on 1 February 2007

   

Broadcasting Services Act 1992

1  Subsection 6(1)

Insert:

business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.

2  Subsection 6(1)

Insert:

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

3  Before section 50

Insert:

50A   This Part does not apply in relation to licences allocated under subsection 40(1)

                   This Part does not apply in relation to:

                     (a)  a commercial television broadcasting licence; or

                     (b)  a commercial radio broadcasting licence;

if the licence was allocated under subsection 40(1).

4  At the end of Division 1 of Part 5

Add:

52A   Newspapers—additional constitutional basis

             (1)  Without limiting its effect apart from this section, this Act also has effect as provided by this section.

             (2)  This Act also has the effect it would have if each reference in this Part to a newspaper were, by express provision, confined to a newspaper where:

                     (a)  the publisher of the newspaper is a constitutional corporation; or

                     (b)  at least part of the circulation of the newspaper is:

                              (i)  in 2 or more States; or

                             (ii)  in a Territory; or

                            (iii)  in a foreign country.

5  After subsection 59(4B)

Insert:

          (4C)  Despite subsections (3) and (4A), if the ACMA is satisfied that:

                     (a)  a person (either alone or together with one or more other persons) has entered into, begun to carry out or carried out a scheme to publish a newspaper; and

                     (b)  the person did so for the sole or dominant purpose of ensuring that the number of points in the licence area of a commercial radio broadcasting licence would be increased or maintained;

the ACMA may refuse to enter the name of the newspaper in the Register.

          (4D)  If:

                     (a)  a newspaper is entered in the Register; and

                     (b)  the ACMA is satisfied that:

                              (i)  a person (either alone or together with one or more other persons) entered into, began to carry out or carried out a scheme to publish the newspaper; and

                             (ii)  the person did so for the sole or dominant purpose of ensuring that the number of points in the licence area of a commercial radio broadcasting licence would be increased or maintained;

the ACMA may remove the name of the newspaper from the Register.

6  Subsections 59(5) and (6)

Repeal the subsections, substitute:

             (5)  The Register may be maintained by electronic means.

             (6)  The Register is to be made available for inspection on the Internet.

7  At the end of section 59

Add:

             (8)  In this section:

points has the same meaning as in Division 5A.

scheme has the same meaning as in Division 5A.

8  After Division 5 of Part 5

Insert:

Division 5A Media diversity

Subdivision A Introduction

61AA   Definitions

                   In this Division:

commencement day means the day on which Schedule 2 to the Broadcasting Services Amendment (Media Ownership) Act 2006 commences.

controller of a media group means a person who is in a position to exercise control of each media operation in the media group.

daytime/evening hours means the hours:

                     (a)  beginning at 6 am each day; and

                     (b)  ending at midnight on the same day.

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

interest in a share means a legal or equitable interest in the share.

media group means a group of 2 or more media operations.

media operation means:

                     (a)  a commercial television broadcasting licence; or

                     (b)  a commercial radio broadcasting licence; or

                     (c)  a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence.

metropolitan licence area means:

                     (a)  a licence area in which is situated the General Post Office of the capital city of:

                              (i)  New South Wales; or

                             (ii)  Victoria; or

                            (iii)  Queensland; or

                            (iv)  Western Australia; or

                             (v)  South Australia; or

                     (b)  the licence area known as Western Suburbs Sydney RA1.

name of a commercial television broadcasting licence or a commercial radio broadcasting licence means the service licence number of the licence.

points , in relation to the licence area of a commercial radio broadcasting licence, has the meaning given by section 61AC.

regional licence area means a licence area that is not a metropolitan licence area.

Register means the Register of Controlled Media Groups maintained under section 61AU.

registered controller of a registered media group means a person whose name is entered in the Register as a controller of the media group.

registered media group means a media group that is entered in the Register.

registrable media group , in relation to the licence area of a commercial radio broadcasting licence, means a media group covered by item 1 of the table in subsection 61AC(1) in its application to that licence area. For this purpose, disregard subsection 61AC(2).

scheme means:

                     (a)  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

                     (b)  any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

shared content test has the meaning given by section 61AE.

statutory control rules has the meaning given by section 61AD.

unacceptable 3-way control situation has the meaning given by section 61AEA.

unacceptable media diversity situation has the meaning given by section 61AB.

61AB   Unacceptable media diversity situation

Metropolitan licence area

             (1)  For the purposes of this Division, an unacceptable media diversity situation exists in relation to a metropolitan licence area of a commercial radio broadcasting licence if the number of points in the licence area is less than 5.

Regional licence area

             (2)  For the purposes of this Division, an unacceptable media diversity situation exists in relation to a regional licence area of a commercial radio broadcasting licence if the number of points in the licence area is less than 4.

61AC   Points

             (1)  Use the table to work out the number of points in the licence area of a commercial radio broadcasting licence (the first radio licence area ):

 

Points

Item

This ...

is worth ...

1

a group of 2 or more media operations, where:

(a) a person is in a position to exercise control of each of those media operations; and

(b) each of those media operations complies with the statutory control rules; and

(c) if a commercial television broadcasting licence is in the group—more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the commercial television broadcasting licence; and

(d) if a commercial radio broadcasting licence is in the group—the licence area of the commercial radio broadcasting licence is, or is the same as, the first radio licence area; and

(e) if a newspaper is in the group—the newspaper is associated with the first radio licence area

1 point.

2

a commercial radio broadcasting licence, where:

(a) the licence complies with the statutory control rules; and

(b) the licence area of the licence is, or is the same as, the first radio licence area; and

(c) item 1 does not apply to the licence

1 point.

3

a newspaper, where:

(a) the newspaper complies with the statutory control rules; and

(b) the newspaper is associated with the first radio licence area; and

(c) item 1 does not apply to the newspaper

1 point.

4

a group of 2 or more commercial television broadcasting licences, where:

(a) each of those licences complies with the statutory control rules; and

(b) more than 50% of the licence area population of the first radio licence area is attributable to the licence area of each of those commercial television broadcasting licences; and

(c) the core commercial television broadcasting services to which those commercial television broadcasting licences relate pass the shared content test in relation to each other; and

(d) item 1 does not apply to any of those commercial television broadcasting licences

1 point.

5

a commercial television broadcasting licence, where:

(a) the licence complies with the statutory control rules; and

(b) more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the commercial television broadcasting licence; and

(c) none of the commercial television broadcasting services provided under the licence passes the shared content test in relation to any of the commercial television broadcasting services provided under another commercial television broadcasting licence, where more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the other commercial television broadcasting licence; and

(d) item 1 does not apply to the first-mentioned licence

1 point.

 

             (2)  If, apart from this subsection, all the media operations in a group of media operations mentioned in an item of the table are also in one or more other groups mentioned in an item of the table, then, for the purposes of subsection (1), ignore the existence of:

                     (a)  if one of the groups has the highest number of media operations—the remaining group or groups; or

                     (b)  if 2 or more of the groups have an equal highest number of media operations:

                              (i)  all but one of the groups that have an equal highest number of media operations; and

                             (ii)  the remaining group or groups; or

                     (c)  if the groups have an equal number of media operations—all but one of those groups.

61AD   Statutory control rules

                   For the purposes of this Division, a media operation complies with the statutory control rules if, and only if:

                     (a)  no person is in breach of a prohibition in Division 2 or 3 that relates directly or indirectly to the media operation; or

                     (b)  a person is in breach of a prohibition in Division 2 or 3 that relates directly or indirectly to the media operation, but the ACMA has approved the breach under section 67.

Note:          Section 67 is about approval of temporary breaches.

61AE   Shared content test

             (1)  For the purposes of this Division, a commercial television broadcasting service passes the shared content test at a particular time in relation to another commercial television broadcasting service if:

                     (a)  the program content of at least 50% of the total number of hours of programs broadcast by the first-mentioned service during daytime/evening hours during the 6-month period ending at that time;

were the same as:

                     (b)  the program content of at least 50% of the total number of hours of programs broadcast by the other service during daytime/evening hours during the 6-month period ending at that time.

             (2)  For the purposes of subsection (1), ignore the following:

                     (a)  advertising or sponsorship material (whether or not of a commercial kind);

                     (b)  a promotion for a television program or a television broadcasting service;

                     (c)  community information material or community promotional material;

                     (d)  a news break or weather bulletin;

                     (e)  any other similar material.

             (3)  For the purposes of subsection (1), ignore any material covered by paragraph 6(8)(b), (c) or (d) of Schedule 4.

61AEA   Unacceptable 3-way control situation

                   For the purposes of this Division, an unacceptable 3-way control situation exists in relation to the licence area of a commercial radio broadcasting licence (the first radio licence area ) if a person is in a position to exercise control of:

                     (a)  a commercial television broadcasting licence, where more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the commercial television broadcasting licence; and

                     (b)  a commercial radio broadcasting licence, where the licence area of the commercial radio broadcasting licence is, or is the same as, the first radio licence area; and

                     (c)  a newspaper that is associated with the first radio licence area.

61AF   Overlapping licence areas

                   Section 51 does not apply to this Division.

 Note:         Section 51 is about overlapping licence areas.

Subdivision B Prohibition of transactions that result in an unacceptable media diversity situation coming into existence etc.

61AG   Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—offence

                   A person commits an offence if:

                     (a)  one or more transactions take place on or after the commencement day; and

                     (b)  the transactions have the result that:

                              (i)  an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or

                             (ii)  if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and

                     (c)  the person was:

                              (i)  a party to the transactions; or

                             (ii)  in a position to prevent the transactions taking place; and

                     (d)  the ACMA has not approved the transactions under section 61AJ.

Penalty:  20,000 penalty units.

61AH   Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—civil penalty

             (1)  This section applies if:

                     (a)  one or more transactions take place on or after the commencement day; and

                     (b)  the transactions have the result that:

                              (i)  an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or

                             (ii)  if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and

                     (c)  the ACMA has not approved the transactions under section 61AJ.

             (2)  A person must not be:

                     (a)  a party to the transactions; or

                     (b)  in a position to prevent the transactions taking place.

             (3)  Subsection (2) is a civil penalty provision.

61AJ   Prior approval of transactions that result in an unacceptable media diversity situation coming into existence etc.

             (1)  A person may, before a transaction takes place that would place a person in breach of section 61AG or 61AH, make an application to the ACMA for an approval of the transaction.

             (2)  An application is to be made in accordance with a form approved in writing by the ACMA.

             (3)  If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

             (4)  If, after receiving an application, the ACMA is satisfied that:

                     (a)  if the transaction took place, it would place a person in breach of section 61AG or 61AH; and

                     (b)  either:

                              (i)  the applicant; or

                             (ii)  another person;

                            will take action, within a period of not longer than 2 years, to ensure that:

                            (iii)  an unacceptable media diversity situation does not exist in relation to the licence area concerned; or

                            (iv)  if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned;

the ACMA may, by written notice given to the applicant:

                     (c)  approve the transaction; and

                     (d)  if subparagraph (b)(i) applies—specify a period within which action must be taken by the applicant to ensure that:

                              (i)  an unacceptable media diversity situation does not exist in relation to the licence area concerned; or

                             (ii)  if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned; and

                     (e)  if subparagraph (b)(ii) applies—inform the applicant accordingly.

             (5)  The period specified in the notice must be at least one month, but not longer than 2 years.

             (6)  The ACMA may specify in a notice given to an applicant the action that the ACMA considers the applicant must take to ensure that:

                     (a)  an unacceptable media diversity situation does not exist in relation to the licence area concerned; or

                     (b)  if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned.

             (7)  In deciding whether to approve a transaction, the ACMA may have regard to:

                     (a)  any relevant undertakings that:

                              (i)  have been accepted by the ACMA under section 61AS; and

                             (ii)  have not been withdrawn or cancelled; and

                     (b)  such other matters (if any) as the ACMA considers relevant.

             (8)  If the ACMA refuses to approve a transaction, the ACMA must give written notice of the refusal to the applicant.

             (9)  The ACMA must deal with applications under subsection (1) in order of receipt.

           (10)  If the ACMA receives an application under subsection (1), the ACMA must use its best endeavours to make a decision on the application within 45 days after receipt of the application.

61AK   Extension of time for compliance with prior approval notice

             (1)  A person who has been given a notice under section 61AJ may, within 3 months before the end of the period specified in the notice but not less than one month before the end of that period, apply in writing to the ACMA for an extension of that period.

             (2)  The ACMA may grant an extension if it is of the opinion that an extension is appropriate in all the circumstances.

             (3)  If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

             (4)  The ACMA must not grant more than one extension, and the period of any extension must not exceed:

                     (a)  the period originally specified in the notice; or

                     (b)  one year;

whichever is the lesser period.

             (5)  In deciding whether to grant an extension to an applicant, the ACMA is to have regard to:

                     (a)  the endeavours that the applicant made in attempting to comply with the notice; and

                     (b)  the difficulties that the applicant experienced in attempting to comply with the notice;

but the ACMA must not have regard to any financial disadvantage that compliance with the notice may cause.

             (6)  If the ACMA does not, within 45 days after:

                     (a)  receiving the application; or

                     (b)  if the ACMA has requested further information—receiving that further information;

extend the period or refuse to extend the period originally specified in the notice, the ACMA is to be taken to have extended that period by:

                     (c)  the period originally specified in the notice; or

                     (d)  one year;

whichever is the lesser period.

             (7)  If the ACMA refuses to approve an application made under subsection (1), the ACMA must give written notice of the refusal to the applicant.

61AL   Breach of prior approval notice—offence

             (1)  A person commits an offence if:

                     (a)  the person has been given a notice under section 61AJ; and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes a requirement in the notice.

Penalty:  20,000 penalty units.

             (2)  A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

61AM   Breach of prior approval notice—civil penalty

             (1)  A person must comply with a notice under section 61AJ.

             (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 later day) during which the contravention continues.

Subdivision BA Prohibition of transactions that result in an unacceptable 3-way control situation coming into existence etc.

61AMA   Prohibition of transactions that result in an unacceptable 3-way control situation coming into existence—offence

                   A person commits an offence if:

                     (a)  one or more transactions take place on or after the commencement day; and

                     (b)  the transactions have the result that an unacceptable 3-way control situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; and

                     (c)  the person was:

                              (i)  a party to the transactions; or

                             (ii)  in a position to prevent the transactions taking place; and

                     (d)  the ACMA has not approved the transactions under section 61AMC.

Penalty:  20,000 penalty units.

61AMB   Prohibition of transactions that result in an unacceptable 3-way control situation coming into existence—civil penalty

             (1)  This section applies if:

                     (a)  one or more transactions take place on or after the commencement day; and

                     (b)  the transactions have the result that an unacceptable 3-way control situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; and

                     (c)  the ACMA has not approved the transactions under section 61AMC.

             (2)  A person must not be:

                     (a)  a party to the transactions; or

                     (b)  in a position to prevent the transactions taking place.

             (3)  Subsection (2) is a civil penalty provision.

61AMC   Prior approval of transactions that result in an unacceptable 3-way control situation coming into existence etc.

             (1)  A person may, before a transaction takes place that would place a person in breach of section 61AMA or 61AMB, make an application to the ACMA for an approval of the transaction.

             (2)  An application is to be made in accordance with a form approved in writing by the ACMA.

             (3)  If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

             (4)  If, after receiving an application, the ACMA is satisfied that:

                     (a)  if the transaction took place, it would place a person in breach of section 61AMA or 61AMB; and

                     (b)  either:

                              (i)  the applicant; or

                             (ii)  another person;

                            will take action, within a period of not longer than 12 months, to ensure that an unacceptable 3-way control situation does not exist in relation to the licence area concerned;

the ACMA may, by written notice given to the applicant:

                     (c)  approve the transaction; and

                     (d)  if subparagraph (b)(i) applies—specify a period within which action must be taken by the applicant to ensure that an unacceptable 3-way control situation does not exist in relation to the licence area concerned; and

                     (e)  if subparagraph (b)(ii) applies—inform the applicant accordingly.

             (5)  The period specified in the notice must be at least one month, but not longer than 12 months.

             (6)  The ACMA may specify in a notice given to an applicant the action that the ACMA considers the applicant must take to ensure that an unacceptable 3-way control situation does not exist in relation to the licence area concerned.

             (7)  In deciding whether to approve a transaction, the ACMA may have regard to:

                     (a)  any relevant undertakings that:

                              (i)  have been accepted by the ACMA under section 61AS; and

                             (ii)  have not been withdrawn or cancelled; and

                     (b)  such other matters (if any) as the ACMA considers relevant.

             (8)  If the ACMA refuses to approve a transaction, the ACMA must give written notice of the refusal to the applicant.

             (9)  The ACMA must deal with applications under subsection (1) in order of receipt.

           (10)  If the ACMA receives an application under subsection (1), the ACMA must use its best endeavours to make a decision on the application within 45 days after receipt of the application.

61AMD   Extension of time for compliance with prior approval notice

             (1)  A person who has been given a notice under section 61AMC may, within 3 months before the end of the period specified in the notice but not less than one month before the end of that period, apply in writing to the ACMA for an extension of that period.

             (2)  The ACMA may grant an extension if it is of the opinion that an extension is appropriate in all the circumstances.

             (3)  If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

             (4)  The ACMA must not grant more than one extension, and the period of any extension must not exceed:

                     (a)  the period originally specified in the notice; or

                     (b)  6 months;

whichever is the lesser period.

             (5)  In deciding whether to grant an extension to an applicant, the ACMA is to have regard to:

                     (a)  the endeavours that the applicant made in attempting to comply with the notice; and

                     (b)  the difficulties that the applicant experienced in attempting to comply with the notice;

but the ACMA must not have regard to any financial disadvantage that compliance with the notice may cause.

             (6)  If the ACMA does not, within 45 days after:

                     (a)  receiving the application; or

                     (b)  if the ACMA has requested further information—receiving that further information;

extend the period or refuse to extend the period originally specified in the notice, the ACMA is to be taken to have extended that period by:

                     (c)  the period originally specified in the notice; or

                     (d)  6 months;

whichever is the lesser period.

             (7)  If the ACMA refuses to approve an application made under subsection (1), the ACMA must give written notice of the refusal to the applicant.

61AME   Breach of prior approval notice—offence

             (1)  A person commits an offence if:

                     (a)  the person has been given a notice under section 61AMC; and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes a requirement in the notice.

Penalty:  20,000 penalty units.

             (2)  A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

61AMF   Breach of prior approval notice—civil penalty

             (1)  A person must comply with a notice under section 61AMC.

             (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 later day) during which the contravention continues.

Subdivision C Remedial directions

61AN   Remedial directions —unacceptable media diversity situation

             (1)  If, on or after the commencement day, the ACMA is satisfied that an unacceptable media diversity situation exists in relation to the licence area of a commercial radio broadcasting licence, the ACMA may give a person such written directions as the ACMA considers appropriate for the purpose of ensuring that that situation ceases to exist.

             (2)  The ACMA’s directions may include:

                     (a)  a direction requiring the disposal of shares or interests in shares; or

                     (b)  a direction restraining the exercise of any rights attached to:

                              (i)  shares; or

                             (ii)  interests in shares; or

                     (c)  a direction prohibiting or deferring the payment of any sums due to a person in respect of shares, or interests in shares, held by the person; or

                     (d)  a direction that any exercise of rights attached to:

                              (i)  shares; or

                             (ii)  interests in shares;

                            be disregarded.

             (3)  Subsection (2) does not limit subsection (1).

             (4)  The ACMA must not give a direction under subsection (1) if the direction would have the effect of requiring a registered controller of a registered media group to cease to be in a position to exercise control of any of the media operations in the group.

          (4A)  Subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of a registered media group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of a media operation in the group if:

                     (a)  the registered controller failed to comply with a notice under section 61AJ; and

                     (b)  the notice related, to any extent, to the media operation.

          (4B)  Subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of a registered media group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of a media operation in the group if:

                     (a)  an approval under section 61AJ was given on the basis that the ACMA was satisfied that a person other than the registered controller would, within a particular period, take action that, to any extent, relates to the media operation; and

                     (b)  the person failed to take the action within that period.

          (4C)  If:

                     (a)  the ACMA made any of the following decisions (the original decision ) in connection with a registrable media group in relation to the licence area of a commercial radio broadcasting licence:

                              (i)  a decision to enter the media group in the Register under subsection 61AY(1) or 61AZ(1);

                             (ii)  a decision under subsection 61AZE(1) confirming the entry of the media group in the Register;

                            (iii)  a decision under section 61AZF affirming a decision under subsection 61AZE(1) to confirm the entry of the media group in the Register;

                            (iv)  a decision under section 61AZF revoking a decision under subsection 61AZE(1) to cancel the entry of the media group in the Register; and

                     (b)  any of the following subparagraphs applies:

                              (i)  in the case of a decision under subsection 61AZE(1)—a person applied to the ACMA for a reconsideration of the original decision;

                             (ii)  in the case of a decision under section 61AZF—a person applied to the Administrative Appeals Tribunal for a review of the original decision;

                            (iii)  in any case—a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to the original decision; and

                     (c)  the original decision was set aside or revoked; and

                     (d)  after the original decision was set aside or revoked, the ACMA entered another registrable media group in relation to that licence area in the Register; and

                     (e)  after that other group was entered in the Register, the Administrative Appeals Tribunal or a court made a decision the effect of which was to restore or affirm the original decision;

subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of that other group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of any media operation in that other group.

             (5)  A direction under subsection (1) must specify a period within which the person must comply with the direction.

             (6)  The period must not be longer than 2 years.

          (6A)  If:

                     (a)  the ACMA gives a direction under subsection (1) in the circumstances referred to in subsection (4C); and

                     (b)  subsection (8) does not apply;

the period specified in the direction must be 2 years.

             (7)  If the ACMA is satisfied that the person:

                     (a)  acted in good faith; and

                     (b)  took reasonable precautions, and exercised due diligence, to avoid:

                              (i)  the unacceptable media diversity situation coming into existence; or

                             (ii)  if the unacceptable media diversity situation already existed—a reduction in the number of points in the licence area concerned;

the period specified in the direction must be 2 years.

             (8)  If the ACMA is satisfied that the person acted flagrantly in breach of section 61AG or 61AH, the period specified in the direction must be one month.

             (9)  The Parliament recognises that, if a period of one month is specified in a direction, the person to whom the direction is given or another person may be required to dispose of shares or interests in shares in a way, or otherwise make arrangements, that could cause the person a considerable financial disadvantage. Such a result is seen as necessary in order to discourage flagrant breaches of sections 61AG and 61AH.

61ANA   Remedial directions—unacceptable 3-way control situation

             (1)  If, on or after the commencement day, the ACMA is satisfied that an unacceptable 3-way control situation exists in relation to the licence area of a commercial radio broadcasting licence, the ACMA may give a person such written directions as the ACMA considers appropriate for the purpose of ensuring that that situation ceases to exist.

             (2)  The ACMA’s directions may include:

                     (a)  a direction requiring the disposal of shares or interests in shares; or

                     (b)  a direction restraining the exercise of any rights attached to:

                              (i)  shares; or

                             (ii)  interests in shares; or

                     (c)  a direction prohibiting or deferring the payment of any sums due to a person in respect of shares, or interests in shares, held by the person; or

                     (d)  a direction that any exercise of rights attached to:

                              (i)  shares; or

                             (ii)  interests in shares;

                            be disregarded.

             (3)  Subsection (2) does not limit subsection (1).

             (4)  A direction under subsection (1) must specify a period within which the person must comply with the direction.

             (5)  The period must not be longer than 12 months.

             (6)  If the ACMA is satisfied that the person:

                     (a)  acted in good faith; and

                     (b)  took reasonable precautions, and exercised due diligence, to avoid the unacceptable 3-way control situation coming into existence;

the period specified in the direction must be 12 months.

             (7)  If the ACMA is satisfied that the person acted flagrantly in breach of section 61AMA or 61AMB, the period specified in the direction must be one month.

             (8)  The Parliament recognises that, if a period of one month is specified in a direction, the person to whom the direction is given or another person may be required to dispose of shares or interests in shares in a way, or otherwise make arrangements, that could cause the person a considerable financial disadvantage. Such a result is seen as necessary in order to discourage flagrant breaches of sections 61AMA and 61AMB.

61AP   Extension of time for compliance with remedial direction

             (1)  A person who has been given a direction under section 61AN or 61ANA may, within 3 months before the end of the period specified in the direction but not less than one month before the end of that period, apply in writing to the ACMA for an extension of that period.

             (2)  An application for an extension cannot be made if the period specified in the direction was one month.

             (3)  In the case of a direction under section 61AN, the ACMA may grant an extension if it is of the opinion that:

                     (a)  an unacceptable media diversity situation is likely to cease to exist in the licence area concerned within 3 months after the end of the period specified in the direction under section 61AN; and

                     (b)  the applicant acted in good faith; and

                     (c)  an extension is appropriate in all the circumstances.

          (3A)  In the case of a direction under section 61ANA, the ACMA may grant an extension if it is of the opinion that:

                     (a)  an unacceptable 3-way control situation is likely to cease to exist in the licence area concerned within 3 months after the end of the period specified in the direction under section 61ANA; and

                     (b)  the applicant acted in good faith; and

                     (c)  an extension is appropriate in all the circumstances.

             (4)  If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

             (5)  The ACMA must not grant more than one extension, and the period of any extension must not exceed 3 months.

             (6)  In deciding whether to grant an extension to a person, the ACMA is to have regard to:

                     (a)  the endeavours that the applicant made in attempting to comply with the direction; and

                     (b)  the difficulties experienced by the applicant in attempting to comply with the direction; and

                     (c)  the seriousness of the situation that led to the giving of the direction under section 61AN or 61ANA, as the case may be;

but the ACMA must not have regard to any financial disadvantage that compliance with the direction may cause.

             (7)  If the ACMA does not, within 45 days after:

                     (a)  receiving the application; or

                     (b)  if the ACMA has requested further information—receiving that further information;

extend the period or refuse to extend the period originally specified in the direction, the ACMA is to be taken to have extended that period by 3 months.

             (8)  If the ACMA refuses to approve an application made under subsection (1), the ACMA must give written notice of the refusal to the applicant.

61AQ   Breach of remedial direction—offence

             (1)  A person commits an offence if:

                     (a)  the person has been given a direction under section 61AN or 61ANA; and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes a requirement in the direction.

Penalty:  20,000 penalty units.

             (2)  A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

61AR   Breach of remedial direction—civil penalty

             (1)  A person must comply with a direction under section 61AN or 61ANA.

             (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 later day) during which the contravention continues.

Subdivision D Enforceable undertakings

61AS   Acceptance of undertakings

             (1)  The ACMA may accept any of the following undertakings:

                     (a)  a written undertaking given by a person that the person will take specified action to ensure that an unacceptable media diversity situation does not exist in relation to the licence area of a commercial radio broadcasting licence;

                     (b)  if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—a written undertaking given by a person that the person will take specified action to ensure that there is not a reduction in the number of points in the licence area;

                     (c)  a written undertaking given by a person that the person will take specified action to ensure that an unacceptable 3-way control situation does not exist in relation to the licence area of a commercial radio broadcasting licence.

             (2)  The undertaking must be expressed to be an undertaking under this section.

             (3)  The person may withdraw or vary the undertaking at any time, but only with the consent of the ACMA.

             (4)  The ACMA may, by written notice given to the person, cancel the undertaking.

             (5)  The ACMA may publish the undertaking on its Internet site.

61AT   Enforcement of undertakings

             (1)  If:

                     (a)  a person has given an undertaking under section 61AS; and

                     (b)  the undertaking has not been withdrawn or cancelled; and

                     (c)  the ACMA considers that the person has breached the undertaking;

the ACMA may apply to the Federal Court for an order under subsection (2).

             (2)  If the Federal Court is satisfied that the person has breached the undertaking, the court may make any or all of the following orders:

                     (a)  an order directing the person to comply with the undertaking;

                     (b)  an order directing the person to pay to the ACMA, on behalf of the Commonwealth, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

                     (c)  any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

                     (d)  any other order that the court considers appropriate.

Subdivision E Register of Controlled Media Groups

61AU   Register of Controlled Media Groups

             (1)  The ACMA is to maintain a register, to be known as the Register of Controlled Media Groups.

             (2)  The Register is to be maintained by electronic means.

             (3)  The Register is to be made available for inspection on the Internet.

             (4)  The Register is not a legislative instrument.

             (5)  The ACMA must begin to comply with subsection (1) as soon as practicable after the start of 1 February 2007.

61AV   How a media group is to be entered in the Register

             (1)  For the purposes of this Subdivision, the ACMA is to enter a media group in the Register by entering in the Register, under a heading for the group:

                     (a)  the names of the media operations in the group; and

                     (b)  the name of the controller, or the names of each of the controllers, of the media operations in the group.

             (2)  A media group is to be identified in the Register by a unique number assigned by the ACMA.

61AW   Explanatory notes may be included in the Register

             (1)  The ACMA may include explanatory notes in the Register.

             (2)  Explanatory notes do not form part of a media group’s entry in the Register.

61AX   Continuity of media group

             (1)  For the purposes of this Subdivision, a change in the controller, or any of the controllers, of a media group does not affect the continuity of the group.

             (2)  For the purposes of this Subdivision, a change in the composition of the media operations in a media group results in the group ceasing to exist.

             (3)  However, the rule in subsection (2) does not apply to a change in the composition of the media operations in a media group if:

                     (a)  one or more media operations cease to be in the group; and

                     (b)  at least 2 media operations remain in the group; and

                     (c)  there is no increase in the number of media operations that remain in the group.

61AY   Initial registration of media groups

             (1)  If the ACMA is satisfied that a particular media group was a registrable media group in relation to the licence area of a commercial radio broadcasting licence at the start of 1 February 2007, the ACMA must enter the group in the Register.

             (2)  For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.

             (3)  If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant entry within 2 business days after receiving the notification or the last of the notifications.

             (4)  If the ACMA makes an entry under subsection (1), the ACMA is to include in the Register a note to the effect that the entry is unconfirmed.

             (5)  An entry under subsection (1) is taken to have been made at the start of 1 February 2007.

61AZ   Registration of newly-formed media group

             (1)  If:

                     (a)  the ACMA is satisfied that:

                              (i)  a registrable media group has come into existence on or after 1 February 2007; and

                             (ii)  the media group is not already entered in the Register; and

                     (b)  the ACMA is satisfied that the coming into existence of the media group does not have the result that:

                              (i)  an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or

                             (ii)  if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and

                     (c)  the ACMA is satisfied that the coming into existence of the media group does not have the result that an unacceptable 3-way control situation comes into existence in relation to the licence area of a commercial radio broadcasting licence;

the ACMA must enter the group in the Register.

             (2)  For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.

             (3)  If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant entry within 2 business days after receiving the notification or the last of the notifications.

             (4)  If the ACMA makes an entry under subsection (1), the ACMA is to include in the Register a note to the effect that the entry is unconfirmed.

Register frozen while ACMA reconsideration is pending or AAT/court proceedings are pending

             (5)  If:

                     (a)  the ACMA makes a decision under this Subdivision in connection with a registrable media group in relation to the licence area of a commercial radio broadcasting licence; and

                     (b)  any of the following subparagraphs applies:

                              (i)  in the case of a decision under subsection 61AZE(1)—a person applies to the ACMA for a reconsideration of the decision;

                             (ii)  in the case of a decision under section 61AZF—a person applies to the Administrative Appeals Tribunal for a review of the decision;

                            (iii)  in any case—a person applies to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to the decision;

then:

                     (c)  despite subsection (1), the ACMA must not enter any other registrable media group in relation to that licence area in the Register under that subsection during the period (the pending period ) when that application has not been finalised unless the ACMA is satisfied that, assuming that the decision were not to be set aside or revoked, the coming into existence of the media group does not have the result that:

                              (i)  an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or

                             (ii)  if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and

                     (d)  if the ACMA is satisfied that another registrable media group in relation to that licence area has come into existence during the pending period—subsection (3) has effect, in relation to the other registrable media group, as if the relevant notification, or the last of the relevant notifications, as the case may be, had been received on the first day after the end of the pending period.

             (6)  For the purposes of subsection (5), an application for reconsideration of a decision is taken not to have been finalised during the period of 28 days beginning on:

                     (a)  if, because of the operation of subsection 61AZF(9), the decision is taken to be affirmed—the day on which the decision is taken to have been affirmed; or

                     (b)  in any other case—the day on which the decision on the reconsideration is notified to the person concerned.

             (7)  For the purposes of subsection (5), if:

                     (a)  a person applied to the Administrative Appeals Tribunal for a review of a decision; and

                     (b)  the Administrative Appeals Tribunal makes a decision on the application;

the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (b) is made.

             (8)  For the purposes of subsection (5), if:

                     (a)  a person applied to the Administrative Appeals Tribunal for a review of a decision; and

                     (b)  the Administrative Appeals Tribunal made a decision on the application; and

                     (c)  a person appeals from the decision to the Federal Court; and

                     (d)  the Court makes a decision on the appeal;

the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (d) is made.

             (9)  For the purposes of subsection (5), if:

                     (a)  a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to a decision; and

                     (b)  the court makes a decision on the application;

the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (b) is made.

           (10)  For the purposes of subsection (5), if:

                     (a)  a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to a decision; and

                     (b)  the court made a decision on the application; and

                     (c)  the decision became the subject of an appeal; and

                     (d)  the court or another court makes a decision on the appeal; and

                     (e)  the decision mentioned in paragraph (d) could be the subject of an appeal;

the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (d) is made.

           (11)  The regulations may provide that, in specified circumstances, an application is taken, for the purposes of subsection (5), not to have been finalised during a period ascertained in accordance with the regulations.

           (12)  The regulations may extend the 28-day period referred to in subsection (6), (7), (8), (9) or (10).

61AZA   De-registration of media group that has ceased to exist

             (1)  If the ACMA is satisfied that a registered media group has ceased to exist on or after 1 February 2007, the ACMA must remove the group’s entry from the Register.

             (2)  For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.

             (3)  If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must remove the relevant entry within 2 business days after receiving the notification or the last of the notifications.

             (4)  If, under subsection (1), the ACMA removes a group’s entry from the Register, the ACMA must include in the Register a note to the effect that the removal is unconfirmed.

61AZB   Registration of change of controller of registered media group

             (1)  If the ACMA is satisfied that:

                     (a)  a person who is not a registered controller of a registered media group has become a controller of the group on or after 1 February 2007; or

                     (b)  a registered controller of a registered media group has ceased to be a controller of the group on or after 1 February 2007;

the ACMA must:

                     (c)  if paragraph (a) applies—alter the group’s entry in the Register by adding the name of the controller concerned; or

                     (d)  if paragraph (b) applies—alter the group’s entry in the Register by omitting the name of the controller concerned.

             (2)  For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.

             (3)  If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant alteration within 2 business days after receiving the notification or the last of the notifications.

             (4)  If the ACMA makes an alteration under subsection (1), the ACMA must include in the Register a note to the effect that the alteration is unconfirmed.

61AZC   Registration of change of composition of media group

             (1)  If the ACMA is satisfied that:

                     (a)  one or more of the media operations in a registered media group have ceased to be in that group on or after 1 February 2007; and

                     (b)  the group continues in existence;

the ACMA must alter the group’s entry in the Register by omitting the name or names of the media operations referred to in paragraph (a).

             (2)  For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.

             (3)  If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant alteration within 2 business days after receiving the notification or the last of the notifications.

             (4)  If the ACMA makes an alteration under subsection (1), the ACMA is to include in the Register a note to the effect that the alteration is unconfirmed.

61AZCA   ACMA must deal with notifications in order of receipt

             (1)  For the purposes of sections 61AY, 61AZ, 61AZA, 61AZB and 61AZC, the ACMA must deal with notifications given, or purportedly given, under Division 6 in order of receipt.

             (2)  Subsection (1) has effect subject to subsection 61AZ(5).

61AZD   Conditional transactions

Entry of media group

             (1)  If:

                     (a)  a person is a party to a proposed transaction; and

                     (b)  the proposed transaction is subject to the condition that the ACMA enters a proposed media group in the Register; and

                     (c)  the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:

                              (i)  had been completed; and

                             (ii)  were not subject to that condition; and

                     (d)  the ACMA is satisfied that:

                              (i)  the parties to the proposed transaction are acting in good faith; and

                             (ii)  if the media group were to be entered in the Register on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the making of the relevant entry in the Register;

then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph (c).

Removal of entry of media group

             (2)  If:

                     (a)  a person is a party to a proposed transaction; and

                     (b)  the proposed transaction is subject to the condition that the ACMA removes a media group’s entry from the Register; and

                     (c)  the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:

                              (i)  had been completed; and

                             (ii)  were not subject to that condition; and

                     (d)  the ACMA is satisfied that:

                              (i)  the parties to the proposed transaction are acting in good faith; and

                             (ii)  if the media group’s entry were to be removed from the Register on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the removal of the relevant entry from the Register;

then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph (c).

Alteration of entry of media group

             (3)  If:

                     (a)  a person is a party to a proposed transaction; and

                     (b)  the proposed transaction is subject to the condition that the ACMA alters a media group’s entry in the Register; and

                     (c)  the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:

                              (i)  had been completed; and

                             (ii)  were not subject to that condition; and

                     (d)  the ACMA is satisfied that:

                              (i)  the parties to the proposed transaction are acting in good faith; and

                             (ii)  if the media group’s entry in the Register were to be altered on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the making of the relevant alteration in the Register;

then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph (c).

Requests

             (4)  A request under subsection (1), (2) or (3) must be:

                     (a)  in a form approved in writing by the ACMA; and

                     (b)  accompanied by such information as the ACMA requires.

             (5)  An approved form of a request may provide for verification by statutory declaration of information accompanying requests.

61AZE   Review and confirmation of entries and alterations etc.

Review

             (1)  If the ACMA:

                     (a)  enters a media group in the Register under subsection 61AY(1) or 61AZ(1); or

                     (b)  removes a media group’s entry from the Register under subsection 61AZA(1); or

                     (c)  makes an alteration to a media group’s entry in the Register under subsection 61AZB(1) or 61AZC(1);

the ACMA must review the entry, removal or alteration, and make a decision:

                     (d)  confirming the relevant entry, removal or alteration; or

                     (e)  cancelling the relevant entry, removal or alteration.

Confirmation

             (2)  If the ACMA confirms the relevant entry, removal or alteration, the ACMA must remove from the Register the note stating that the entry, removal or alteration is unconfirmed.

Cancellation

             (3)  If the ACMA cancels an entry, the ACMA must:

                     (a)  remove the entry from the Register; and

                     (b)  remove from the Register the note stating that the entry is unconfirmed.

             (4)  If the ACMA cancels the removal of an entry, the ACMA must:

                     (a)  restore the entry to the Register; and

                     (b)  remove from the Register the note stating that the removal is unconfirmed.

             (5)  If the ACMA cancels an alteration, the ACMA must:

                     (a)  reverse the alteration; and

                     (b)  remove from the Register the note stating that the alteration is unconfirmed.

ACMA not required to rely on notifications

             (6)  To avoid doubt, in exercising its powers under subsection (1), the ACMA is not required to rely on a notification given, or purportedly given, under Division 6.

Conditional transactions

             (7)  If:

                     (a)  under subsection (1), the ACMA reviews an entry or alteration; and

                     (b)  the entry or alteration was made on the assumption that a proposed transaction had been completed (see section 61AZD); and

                     (c)  the ACMA is not satisfied that the proposed transaction was completed within 5 business days after the making of the entry or alteration;

the ACMA must make a decision under subsection (1) cancelling the entry or alteration.

             (8)  If:

                     (a)  under subsection (1), the ACMA reviews a removal of an entry; and

                     (b)  the removal was done on the assumption that a proposed transaction had been completed (see section 61AZD); and

                     (c)  the ACMA is not satisfied that the proposed transaction was completed within 5 business days after the removal;

the ACMA must make a decision under subsection (1) to cancel the removal.

ACMA may request additional information

             (9)  If:

                     (a)  under subsection (1), the ACMA reviews an entry, removal or alteration; and

                     (b)  the ACMA considers that additional information is required before the ACMA can make a decision under subsection (1);

the ACMA may, within 14 days after the relevant entry, removal or alteration, by written notice given to a person, request the person to provide that information.

Deadline

           (10)  If the ACMA does not, within 28 days after:

                     (a)  doing whichever of the following is applicable:

                              (i)  entering a media group in the Register under subsection 61AY(1) or 61AZ(1);

                             (ii)  removing a media group’s entry from the Register under subsection 61AZA(1);

                            (iii)  making an alteration to a media group’s entry in the Register under subsection 61AZB(1) or 61AZC(1); or

                     (b)  if the ACMA has requested further information—receiving that further information;

make a decision under subsection (1):

                     (c)  confirming the relevant entry, removal or alteration; or

                     (d)  cancelling the relevant entry, removal or alteration;

the ACMA is taken to have made a decision under subsection (1) at the end of that 28-day period confirming the relevant entry, removal or alteration.

61AZF   Reconsideration of decisions

Applications for reconsideration of decisions

             (1)  A person:

                     (a)  whose interests are affected by a decision under subsection 61AZE(1); and

                     (b)  who is dissatisfied with the decision;

may apply to the ACMA for the ACMA to reconsider the decision.

             (2)  The application must:

                     (a)  be in a form approved in writing by the ACMA; and

                     (b)  set out the reasons for the application.

             (3)  The application must be made within 7 days after the taking of the action required by subsection 61AZE(2), (3), (4) or (5) to give effect to the decision.

             (4)  An approved form of an application may provide for verification by statutory declaration of statements in applications.

Reconsideration of decisions—application

             (5)  Upon receiving an application under subsection (1), the ACMA must:

                     (a)  reconsider the decision; and

                     (b)  affirm or revoke the decision.

             (6)  The ACMA’s decision on reconsideration of a decision has effect as if it had been made under subsection 61AZE(1).

             (7)  The ACMA must give to the applicant a notice stating its decision on the reconsideration.

ACMA may request additional information

             (8)  If:

                     (a)  an application is made under subsection (1); and

                     (b)  the ACMA considers that additional information is required before the ACMA can make a decision under subsection (5);

the ACMA may, within 14 days after receiving the application, by written notice given to:

                     (c)  the applicant; or

                     (d)  any other person;

request the applicant or other person to provide that information.

             (9)  If the ACMA does not, within 28 days after:

                     (a)  receiving an application under subsection (1); or

                     (b)  if the ACMA has requested further information—receiving that further information;

make a decision under subsection (5), the ACMA is taken to have made a decision under subsection (5) at the end of that 28-day period affirming the original decision.

Reconsideration of decisions—ACMA’s own initiative

           (10)  The ACMA may, at any time:

                     (a)  reconsider a decision made under subsection 61AZE(1); and

                     (b)  affirm or revoke the decision.

           (11)  The ACMA’s decision on reconsideration of a decision has effect as if it had been made under subsection 61AZE(1).

61AZG   Corrections of clerical errors or obvious defects

                   The ACMA may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register.

61AZH   Regulations

                   The regulations may make further provision about the operation of the Register.

9  Section 62 (penalty)

Repeal the penalty.

10  At the end of section 62

Add:

Notification by publisher of newspaper

             (3)  Each publisher of a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence must, within 3 months after the end of each financial year, give to the ACMA in writing:

                     (a)  details of the persons who, to the knowledge of the publisher, were in a position to exercise control of the newspaper at the end of that financial year; and

                     (b)  if the publisher is a company—the name of each person who was a director of the company at the end of that financial year.

             (4)  The details are to be provided in a form approved in writing by the ACMA.

Offence

             (5)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (1) or (3); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty for contravention of this subsection:

                     (a)  if the breach relates to a commercial television broadcasting licence, a datacasting transmitter licence or a newspaper—500 penalty units; or

                     (b)  otherwise—50 penalty units.

Note 1:    The heading to section 62 is altered by omitting “ on licensees ”.

Note 2:    The following heading to subsection 62(1) is inserted “ Notification by licensee ”.

11  Subsection 63(1)

Omit “7 days”, substitute “5 days”.

12  Section 63 (penalty)

Repeal the penalty.

13  At the end of section 63

Add:

Notification by publisher of newspaper

             (3)  If the publisher of a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence becomes aware that:

                     (a)  a person who was not in a position to exercise control of the newspaper has become in a position to exercise control of the newspaper; or

                     (b)  a person who was in a position to control the newspaper has ceased to be in that position;

the publisher of the newspaper must, within 5 days after becoming so aware, notify the ACMA in writing of that event.

             (4)  The details are to be provided in a form approved in writing by the ACMA.

Offence

             (5)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (1) or (3); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty for contravention of this subsection:

                     (a)  if the breach relates to a commercial television broadcasting licence, a datacasting transmitter licence or a newspaper—500 penalty units; or

                     (b)  otherwise—50 penalty units.

Note:       The following heading to subsection 63(1) is inserted “ Notification by licensee ”.

14  Subsection 64(1)

Omit “7 days”, substitute “5 days”.

15  Section 64 (penalty)

Repeal the penalty.

16  At the end of section 64

Add:

Notification by controller of newspaper

             (3)  If a person who was not in a position to exercise control of a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence becomes aware that the person is in a position to exercise control of the newspaper, the person must, within 5 days after becoming so aware, notify the ACMA in writing of that position.

             (4)  The details are to be provided in a form approved in writing by the ACMA.

Offence

             (5)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (1) or (3); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty for contravention of this subsection:

                     (a)  if the breach relates to a commercial television broadcasting licence, a datacasting transmitter licence or a newspaper—500 penalty units; or

                     (b)  otherwise—50 penalty units.

Note 1:    The heading to section 64 is altered by inserting “ or newspaper ” after “ licence ”.

Note 2:    The following heading to subsection 64(1) is inserted “ Notification by controller of licence ”.

17  Section 65

Repeal the section, substitute:

65   Requirement to notify control and directorships as at 1 February 2007

Notification by licensee

             (1)  Each commercial television broadcasting licensee and commercial radio broadcasting licensee must, within 5 days after 1 February 2007, give to the ACMA in writing:

                     (a)  details of the persons who, to the knowledge of the licensee, were in a position to exercise control of the licence at the start of 1 February 2007; and

                     (b)  the name of each person who was a director of the licensee at the start of 1 February 2007.

             (2)  The details are to be provided in a form approved in writing by the ACMA.

Notification by publisher of newspaper

             (3)  If, at the start of 1 February 2007, a newspaper is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence, the publisher of the newspaper must, within 5 days after 1 February 2007, give to the ACMA in writing:

                     (a)  details of the persons who, to the knowledge of the publisher, were in a position to exercise control of the newspaper at the start of 1 February 2007; and

                     (b)  if the publisher is a company—the name of each person who was a director of the company at the start of 1 February 2007.

             (4)  The details are to be provided in a form approved in writing by the ACMA.

Notification by controller

             (5)  If, at the start of 1 February 2007, a person is in a position to exercise control of:

                     (a)  a commercial television broadcasting licence; or

                     (b)  a commercial radio broadcasting licence; or

                     (c)  a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence;

the person must, within 5 days after 1 February 2007, notify the ACMA in writing of that position.

             (6)  The details are to be provided in a form approved in writing by the ACMA.

Offence

             (7)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (1), (3) or (5); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty for contravention of this subsection:

                     (a)  if the breach relates to a commercial television broadcasting licence or a newspaper—500 penalty units; or

                     (b)  otherwise—50 penalty units.

18  Section 204 (after table item dealing with subsection 59(4B))

Insert:

Refusal to approve transaction or determination of period of approval

Section 61AJ or 61AMC

The applicant for approval

Refusal to extend time for compliance

Section 61AK or 61AMD

The applicant

Refusal to extend time for compliance

Section 61AP

The applicant

To affirm or revoke a decision made under subsection 61AZE(1)

Section 61AZF

A person whose interests are affected by the decision made under subsection 61AZE(1)

18A  At the end of section 205PA

Add:

•      The Federal Court may also grant injunctions in relation to transactions that are prohibited under Division 5A of Part 5 (which deals with media diversity).

18B  Section 205Q

After “contravention of”, insert “section 61AH or”.

18BA  Section 205Q

Before “subsection”, insert “61AMB or”.

18C  At the end of clause 2 of Schedule 1

Add:

             (5)  The following are examples of situations that, depending on the circumstances, may be relevant in determining whether a person is in a position to exercise control of 2 or more licences:

                     (a)  the licensees share any or all of the following:

                              (i)  equipment;

                             (ii)  studios;

                            (iii)  other production facilities;

                            (iv)  transmission facilities;

                             (v)  human resources;

                            (vi)  other resources;

                     (b)  the program content of a substantial percentage of the total number of hours of programs broadcast under one of those licences is the same as the program content of a substantial percentage of the total number of hours of programs broadcast under the other licence or licences;

                     (c)  the licensees have financial relationships with each other;

                     (d)  both of the following subparagraphs apply:

                              (i)  the person is in a position to exercise control of one or more of the licences;

                             (ii)  the person has a financial relationship with another person who is in a position to exercise control of the other licence or one or more of the other licences.

19  Clause 43 of Schedule 4 (definition of business day )

Repeal the definition.

20  Clause 3 of Schedule 5 (definition of business day )

Repeal the definition.