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Broadcasting Services Amendment (Media Ownership) Bill 2002

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2994

2002-2003

 

The Parliament of the

Commonwealth of Australia

 

 

 

 

 

THE SENATE

 

 

Broadcasting Services Amendment (Media Ownership) Bill 2002

 

(1)     Schedule 2, item 4, page 12 (after line 26), after section 61D, insert:

61DA  Australian Competition and Consumer Commission to provide a consumer and market impact report

             (1)  At least 30 days before a cross-media exemption certificate is issued to a person, the ABA must request the Australian Competition and Consumer Commission to provide a consumer and market impact report under this section.

             (2)  The report is to advise whether, in the opinion of the Australian Competition and Consumer Commission, the entering into or carrying out of one or more associated transactions or associated agreements in relation to the certificate:

                     (a)  would constitute a contravention of section 50 of the Trade Practices Act 1974 if the entering into or carrying out of those associated transactions or associated agreements were the acquisition by a person (the acquirer ) of an asset of a body corporate; and

                     (b)  would not be authorised under section 88 of that Act if the acquirer had applied for such an authorisation; or

                     (c)  would provide an applicant for an exemption certificate in a metropolitan licence area with more than 35% of the total advertising revenue of all commercial television and commercial radio broadcasting licensees and newspapers generated through those operations in that metropolitan licence area.

Note:          For associated transaction and associated agreement, see subsection (7).

             (3)  In preparing the report, the Australian Competition and Consumer Commission must take into account the matters set out in subsection 50(3) of the Trade Practices Act 1974 (including those matters relating to the interests of consumers).

             (4)  Subsection (3) does not limit the matters that may be taken into account.

             (5)  The ABA must not make a decision on the application for the certificate until the Australian Competition and Consumer Commission reports under this section.

             (6)  For the purposes of the consideration of a request by the Australian Competition and Consumer Commission, section 155 of the Trade Practices Act 1974 applies as if the entering into or carrying out of one or more associated transactions or associated agreements in relation to a cross-media exemption certificate were a matter referred to in subsection (1) of that section.

             (7)  For the purposes of this section, if, in the event that a cross-media exemption certificate were to be issued, a transaction or agreement would (either alone or together with any other transactions or agreements) result in the certificate becoming active, the first-mentioned transaction or agreement is an associated transaction or associated agreement , as the case may be, in relation to the certificate.

             (8)  For the purposes of this section, a viewer of a commercial television broadcasting service, or a listener to a commercial radio broadcasting service, is taken to be a consumer of that service.

[application of the Trade Practices Act 1974]

(2)     Schedule 2, item 4, page 13 (after line 7), at the end of section 61E, add:

             (3)  Despite subsection (1), the ABA must not issue a cross-media exemption certificate if:

                     (a)  the Australian Competition and Consumer Commission has reported under section 61DA in relation to the certificate; and

                     (b)  the report is to the effect that, in the opinion of the Australian Competition and Consumer Commission, the entering into or carrying out of one or more associated transactions or associated agreements in relation to the certificate:

                              (i)  would constitute a contravention of section 50 of the Trade Practices Act 1974 if the entering into or carrying out of those associated transactions or associated agreements were the acquisition by a person (the acquirer ) of an asset of a body corporate; and

                             (ii)  would not be authorised under section 88 of that Act if the acquirer had applied for such an authorisation; or

                            (iii)  would result in an applicant for an exemption certificate in a metropolitan licence area obtaining more than 35% of the total advertising revenue of commercial television and commercial radio broadcasting licensees and newspapers generated through those operations in that metropolitan licence area.

Note:          For associated transaction and associated agreement , see subsection (5).

             (4)  If the Australian Competition and Consumer Commission has not provided the report within 30 days after being given a request for the report:

                     (a)  the Australian Competition and Consumer Commission must notify the ABA that the Australian Competition and Consumer Commission has been unable to provide the report within that 30-day period; and

                     (b)  subsection 61D(5) has effect, in relation to a decision on the application for the certificate, as if the 60-day period mentioned in that subsection were extended by one day for each day in the period:

                              (i)  beginning at the end of that 30-day period; and

                             (ii)  ending when the Australian Competition and Consumer Commission provides the report.

             (5)  For the purposes of subsection (3), if, in the event that a cross-media exemption certificate were to be issued, a transaction or agreement would (either alone or together with any other transactions or agreements) result in the certificate becoming active, the first-mentioned transaction or agreement is an associated transaction or associated agreement , as the case may be, in relation to the certificate.

[application of the Trade Practices Act 1974]