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Monday, 24 May 1965

Senator WRIGHT (Tasmania) . - There is a matter on which I want some information as I have not been able to resolve it in my own mind. Proposed new section 92 (3.) permits a director to be designated as a nominee. Is this exculpatory in all circumstances or is it in some circumstances inculpatory?

Senator Anderson - It is exculpatory.

Senator WRIGHT - In all circumstances?

Senator Anderson - Yes.

Senator WRIGHT - I turn now to proposed new section 92e which states -

A licence shall not be granted to a company where the circumstances are such that, upon the grant of that licence to that company, a person would be contravening section ninety-two or ninety-two c of this Act or the condition specified in the last preceding section would be contravened.

I move as an amendment -

Thai after the word " granted " there be inserted the words " or renewed ".

I cannot think that this will contravene the policy of the Government in any way. I would think it was axiomatic that this was included in the policy. The proposed new section would then provide -

A licence shall not be granted or renewed to a company . . .

And then it continues as printed in the Bill. The last preceding section mentioned in the proposed new section 92e refers to nonresident shareholding. The amendment would remove any possible untoward consequences that might arise from the introduction of sub-section (8.) of proposed new section 91 which states -

For the purposes of this Division, a licence granted by way of renewal of a licence shall be deemed to be a continuation of the first-mentioned licence.

My amendment would ensure that every time a licence was granted the Australian Broadcasting Control Board would see that the licensee complied with the then existing legislation. By the same token, every time a licence was renewed, the then existing law would be automatically applied to the company seeking renewal of its licence. My amendment seeks to achieve that purpose.

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