Re: TCN Channel Nine Pty Limited, General Television Corporation Proprietary Limited, United Telecasters Sydney Limited and Austarama Television Pty Limited and: Australian Mutual Provident Society

(1982) 62 FLR 366

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Between: TCN Channel Nine Pty Limited, General Television Corporation Proprietary Limited, United Telecasters Sydney Limited and Austarama Television Pty Limited
And: Australian Mutual Provident Society

Court:

Judges: Bowen CJ
Lockhart J
Ellicott J

Subject References:
Broadcasting and Television
Post and Telegraph
Evidence
Statutes

Hearing date: 15-16 July 1982
Judgment date: 20 August 1982

Sydney

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ORDER

1. The questions referred to this Court by The Australian Broadcasting Tribunal pursuant to s.22B of the Broadcasting and Television Act, 1942 be answered as follows:-

Question 1: Whether the Tribunal is empowered by s.91D of the Act, on its true construction, to issue a certificate authorizing a person to hold shareholding interests in a company some or all of which interests are not, at the time of the application, held by the person applying for the issue of the said certificate.

Answer: The Tribunal is empowered by s.91D of the Act to issue a certificate authorizing a person to hold shareholding interests in a company holding a licence if the person applying for the issue of the said certificate at the time of the application either holds the shareholding interest the subject of the application or is a party to a proposed transaction under which, if it comes into effect, he will hold the shareholding interest, the subject of the application, but not otherwise.

Question 2: Whether the Tribunal is empowered by s.91D of the Act, on its true construction, to issue a certificate authorizing a person to hold shareholding interests in a licensee company such interests being specified in the said certificate as a percentage of all shareholding interests in the said licensee company.

Answer: No.

Question 3: Whether the Tribunal is empowered by s.91D of the Act, on its true construction, to issue a certificate authorizing a person to hold shareholding interests being specified in the said certificate as a percentage of the paid up capital of the said licensee company.

Answer: The Tribunal is empowered by s.91D of the Act to issue a certificate authorizing a person to hold shareholding interests in a licensee company, such interests being particularised in the certificate and specified therein as a percentage of the paid up capital of the licensee company.

Question 4: Whether the Tribunal in satisfying itself of the matters raised for its determination by paragraph 91D(3)(b) of the Act can lawfully take into account:-

(a)

the past and present policies and practices of an applicant in respect of its portfolio investment activities;

(b)

the stated intentions of an applicant in respect of its present interests in or its proposed investments in the licensee company;

(c)

the likelihood of an applicant either alone or in association with any other person or persons exercising either directly or indirectly a significant influence on a licensee company in respect of which an application has been made.

Answer: In view of our answer to question 1 above this question does not arise.

2. The Australian Mutual Provident Society pay to the Applicants their costs of the reference. Answers accordingly.