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BROADCASTING SERVICES ACT 1992 - SECT 59

Newspapers associated with commercial television or radio broadcasting licence areas

             (1)  The ACMA is to maintain an Associated Newspaper Register.

             (2)  For the purposes of this Part, a newspaper is associated with the licence area of a licence if the name of the newspaper is entered in the Register as being associated with the licence area of the licence.

             (3)  If the ACMA is satisfied that at least 50% of the circulation of a newspaper is within the licence area of a commercial television broadcasting licence, the ACMA is to enter the name of the newspaper in the Register in relation to that licence area.

             (4)  If the ACMA is satisfied that less than 50% of the circulation of a newspaper that is entered in the Register in relation to a commercial television broadcasting licence is within the licence area of that licence, the ACMA is to remove the name of the newspaper from the Register in relation to that licence area.

          (4A)  If the ACMA is satisfied that:

                     (a)  at least 50% of the circulation of a newspaper is within the licence area of a commercial radio broadcasting licence; and

                     (b)  the circulation of the newspaper within that licence area is at least 2% of the licence area population;

the ACMA must enter the name of the newspaper in the Register in relation to the licence area.

          (4B)  If the ACMA is satisfied that:

                     (a)  less than 50% of the circulation of a newspaper that is entered in the Register in relation to a commercial radio broadcasting licence is within the licence area of that licence; or

                     (b)  the circulation of the newspaper within that licence area is less than 2% of the licence area population;

the ACMA must remove the name of the newspaper from the Register in relation to the licence area.

          (4C)  Despite subsections (3) and (4A), if the ACMA is satisfied that:

                     (a)  a person (either alone or together with one or more other persons) has entered into, begun to carry out or carried out a scheme to publish a newspaper; and

                     (b)  the person did so for the sole or dominant purpose of ensuring that the number of points in the licence area of a commercial radio broadcasting licence would be increased or maintained;

the ACMA may refuse to enter the name of the newspaper in the Register.

          (4D)  If:

                     (a)  a newspaper is entered in the Register; and

                     (b)  the ACMA is satisfied that:

                              (i)  a person (either alone or together with one or more other persons) entered into, began to carry out or carried out a scheme to publish the newspaper; and

                             (ii)  the person did so for the sole or dominant purpose of ensuring that the number of points in the licence area of a commercial radio broadcasting licence would be increased or maintained;

the ACMA may remove the name of the newspaper from the Register.

             (5)  The Register may be maintained by electronic means.

             (6)  The Register is to be made available for inspection on the internet.

             (7)  The ACMA may supply copies of or extracts from the Register certified by a member, and a copy or extract so certified is admissible in evidence in all courts and proceedings without further proof or production of the original.

             (8)  In this section:

"points" has the same meaning as in Division 5A.

"scheme" has the same meaning as in Division 5A.



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