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Broadcasting Services Amendment (Media Ownership) Bill 2002

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2992

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 (line 30), omit “if”, substitute “provided”.

[market share test]

(2)     Schedule 1, item 4, page 13 (after line 4), at the end of subsection 61E(1), add:

             ; and (c)  the application is not one which would provide an applicant for an exemption certificate in a metropolitan licence area with 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.

[market share test]

(3)     Schedule 2, item 4, page 13 (after line 5), after subsection 61E(1), insert:

          (1A)  The ABA must refuse to issue a cross-media exemption certificate if it relates to an applicant for an exemption certificate in a metropolitan licence area which has 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.

          (1B)  In taking action under subsection (1A), the ABA must obtain a consumer and market impact report from the ACCC in accordance with section 61DA.

[ACCC market impact reports]

(4)     Schedule 2, item 4, page 13 (after line 7), after section 61E, insert:

4A  After section 61P

Insert:

61EA Cessation of operation

                   Paragraphs 61E(1)(c) and subsection 61E(1A)cease to have effect 3 years after they commence.

[sunset clause]

(5)     Schedule 2, page 18 (after line 12), at the end of Subdivision B, add:

61PA  Review of effect of Subdivision

                   The Minister must:

                     (a)  initiate, as soon as possible after the third anniversary of the day on which this subdivision commences, a review of the operation, effectiveness and implications of that Subdivision; and

                     (b)  cause to be tabled in both Houses of the Parliament a copy of the report of the review within 15 sitting days of receiving the report.

[review]