Broadcasting Services Act 1992

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.

The ACMA’s directions may include:

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

a direction restraining the exercise of any rights attached to:

shares; or

interests in shares; or

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

a direction that any exercise of rights attached to:

shares; or

interests in shares;

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

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.

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:

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

the notice related, to any extent, to the media operation.

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:

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

the person failed to take the action within that period.

If:

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:

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

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

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

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

any of the following subparagraphs applies:

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

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

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

the original decision was set aside or revoked; and

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

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

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

The period must not be longer than 2 years.

If:

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

subsection (8) does not apply;

If the ACMA is satisfied that the person:

acted in good faith; and

took reasonable precautions, and exercised due diligence, to avoid:

the unacceptable media diversity situation coming into existence; or

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

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.

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.