Compilation #7 | Effective 2016-07-01
FRBR Work URI: /akn/au/act/1992/105
This Act may be cited as the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992.
This Act commences on the day fixed under subsection 2(2) of the Broadcasting Services Act 1992 or on the day applicable under subsection 2(3) of that Act, as the case requires.
In this Act, unless the contrary intention appears, expressions that are defined in Broadcasting Services Act 1992 have the same meaning when used in this Act.section 6 of the
This Act does not extend to Norfolk Island.
In this Part, unless the contrary intention appears:
Broadcasting Act means the Broadcasting Act 1942.
Tribunal means the Australian Broadcasting Tribunal formerly constituted under the Broadcasting Act 1942.
If:
immediately before the commencement of this Act, a person was a director of a company; and
the holding by the person of that directorship was not a contravention of the Broadcasting Act; and
apart from this section, the holding by the person of that directorship would, immediately after the commencement of this Act, be a contravention of the new Act;
the holding by the person of that directorship (including a holding on re-election) is not a contravention of the new Act.
If:
a person was not, immediately before the commencement of this Act, in contravention of a provision of Part IIIBA of the Broadcasting Act because the person was taken not to be, by reason of the application of the provisions of that Part, in a position to exercise control of a former commercial radio licence, a former commercial television licence, a newspaper or a company; and
the person would, but for this section, be in contravention of a provision of Part 5 of the new Act on that commencement because the person would be taken to be in a position to exercise control of the corresponding commercial radio broadcasting licence or commercial television broadcasting licence, or that newspaper or company, as the case may be;
the person is not taken to be in a position to exercise control of the licence, newspaper or company, as the case may be, for the purposes of the new Act while the circumstances of that person relevant to deciding under the new Act whether that person is in a position to exercise control of that licence, newspaper or company remain unchanged.
In this section:
corresponding commercial radio broadcasting licence, in relation to a former commercial radio licence, means the commercial radio broadcasting licence to which paragraph 5(1)(a) refers in relation to that former licence.
corresponding commercial television broadcasting licence, in relation to a former commercial television licence, means the commercial television broadcasting licence to which paragraph 5(1)(b) refers in relation to that former licence.
newspaper has the same meaning as in Part IIIBA of the Broadcasting Act.
The is entitled to possession of documents in the possession of the Tribunal immediately before the commencement of this Act.
Notwithstanding the repeal of section 125 of the Broadcasting Act, that section continues to apply to:
former members, acting members, associate members and acting associate members of the Tribunal; and
former members of the staff of the Tribunal; and
members, acting members, associate members, acting associate members and members of the staff of the in relation to documents referred to in subsection (1).
(3) Section 38 of the Freedom of Information Act 1982 applies to a document, or information contained in a document, to which subsection (2) relates by the application of paragraph 125(2)(a) of the Broadcasting Act
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history