AUSTRALIAN BROADCASTING TRIBUNAL

ANNUAL REPORT

1991-92

Australian Broadcasting Tribunal Sydney 1992 ©Commonwealth of Australia

ISSN 0728-8883

Design by Media and Public Relations Branch, Australian Broadcasting Tribunal.

Printed in Australia by Pirie Printers Sales Pty Ltd, Fyshwick, A.CT.

11 Contents

1. MEMBERSIDP OF THE TRIBUNAL 1

2. THE YEAR IN REVIEW 7

3. POWERS AND FUNCTIONS OF THE TRIBUNAL 13 Responsible Minister 16

4. LICENSING 17 Number and Type of Licences on Issue 19 Grant of Limited Licences 20 Commercial Radio Licence Grant Inquiries 21 Supplementary Radio Grant Inquiries 23 Joined Supplementary /Independent Radio Grant Inquiries 24 Remote Licences 26 Public Radio Licence Grants 26 Renewal of Licences with Conditions or Licensee Undertaking 30 Revocation/Suspension/Conditions Inquiries 32 Allocation of Call Signs 37

5. OWNERSHIP AND CONTROL 39 Applications and Notices Received 41 Most Significant Inquiries 41 Unfinished Inquiries 47 Contraventions Amounting To Offences 49 Licence Transfers 49 Uncompleted Inquiries 50 Operation of Service by Other than Licensee 50 Registered Lender and Loan Interest Inquiries 50

6. PROGRAM AND ADVERTISING STANDARDS 51 Program and Advertising Standards 53 Australian Content 54 Compliance with Australian Content Television Standard 55 Children's Television Standards 55 Compliance with Children's Standards 58 Comments and Complaints 59 Broadcasting of Political Matter 60 Research 61

iii 7. PROGRAMS - PUBLIC INQUIRIES 63 Public Inquiries 65 Classification of Television Programs 65 Foreign Content In Television Advertisements 67 Advertising Time On Television 68 Film And Television Co-productions 70 Australian Documentary Programs 71 Cigarette Advertising During The 1990 Grand Prix 72 Test Market Provisions For Foreign Television Advertisements 72 Public Radio Sponsorship Announcements 73 Teenage Mutant Ninja Turtles 74 John Laws - Comments About Aborigines 75 Anti-Discrimination Standards 75 Accuracy & Fairness in Current Affairs 76 Religious Broadcasts 77 Review of Classification Children's Television Programs 78

8. INFORMATION AND ANALYSIS 79 Financial Data Bases 81 Financial Analyses 82 Fees for Licences for Commercial Radio and Television services 82 Commercial Radio 82 Commercial Television 84 Limited Licence Fees 86 Financial Results of Commercial Television and Commercial and Public Radio Services 86 Commercial Radio 87 Public Radio 88 Stations, Markets and Operations Databases 90 Annual Collection of Data 90

9. LEGISLATION 93 The Role and Powers of the Minister 95 Licensing 96 Ownership and Control 96 Programs 97 Inquiries 97 Assessment of Licence Fees 97 Amendments to the Act 98 Amendments to Regulations 99

lV 10. REVIEW OF TRIBUNAL DECISIONS 101 Judgements Delivered 103 Other Litigation 105 Current Litigation 106 Ombudsman 108

11. PUBLIC INFORMATION 109 Public Information 111 Publications 111 Marketing of Publications 113 Distribution 113 Public Relations 113 State Offices 113 Freedom of Information 115 Library 115

12. ORGANISATION AND STAFF OF THE TRIBUNAL 119 Human Resources 121 Changes in Membership and Senior Staff 122 Performance Pay 122 Equal Employment Opportunity 123 Occupational Health and Safety 123 Industrial Democracy 124 Staff Development and Training 124 Social Justice 125 Information Systems 128 Financial Management 128 Fraud Control 128 Claims and Losses 128 Internal Audit 128 Capital Works Management 129 Purchasing 129 External Scrutiny 129 Impact Monitoring 129 Public Duty and Private Interest Guidelines 129 Privacy Act 129 Financial Statement 130

v APPENDICES 131

A. Meetings Addressed by Tribunal Members 133 B. Meetings of the Tribunal 135 C. Public Inquiry Reports Published 137 D. News Releases Issued 144 E. Number and Nature of Complaints 1991-92 149 F. Report to the Tribunal by the Children's Program Committee 150 G. Programs Classified C OR C Australian Drama 152 H. Consultancy Services 155 I. Licence Grants and Renewal Reports Published 157 J. Share Transaction Reports Published 161 K. Freedom of Information Section 8 Statement 164 L. Index to Guidelines 181 M. Financial Statements 183

Index

For inquiries about this Report, contact:

Publications Officer Australian Broadcasting Tribunal 76 Berry Street North Sydney NSW 2060 Ph (02) 959 7811 Fax (02) 954 4328

VI Austral/an lflJ:1 P.O. BOX 1308, ~~Broadcasting NORTH SYDNEY N.S.W. 2060 TELEPHONE (02} 959 7811 ~Tribunal

CHAIRMAN

The Honourable, the Minister for Transport and Communications

The Broadcasting Act 1942 was repealed with effect from 5 October 1992. At that time, work on the Australian Broadcasting Tribunal Annual Report for the period 1July1991 to 30 June 1992 was well advanced but not completed.

In accordance with the general principle that Government agencies should be visible and accountable, I present the completed report.

FACS/M/Lt= (02) 954 4328 TANDEM HOUSE, 76 BERRY ST., NORTH SYDNEY.•••••••••••••••• DX10528 NORTH SYDNEY

vu Vlll CHAPTERl

MEMBERSHIP OF THE TRIBUNAL

1 2 The membership of the Tribunal at 30 June 1992 was as follows:

Peter Westerway B.Ec. (Hons.) (Chairman)

Appointed from 4 October 1988 for a five year period, and appointed Acting Chairman of the Tribunal on 23June1990 and Chairman from 10 September 1991until30 June 1992. Mr Westerway was formerly First Assistant Secretary, Communications Technology Division, Department ofTransportand Communications. He also heldFirstAssistantSecretary positions with various Divisions of the then Departments of Communications and Post and Telecommunications. In addition, he has been a Commissioner with the Industries Assistance Commission, Managing Director of 2HD Newcastle and Director of Public Affairs, A1NSydney.

Peter Webb (Vice Chairman)

Appointed from 11May1992 for a five year period, or until the Tribunal is abolished by an Act of Parliament, Mr Webb has held several positions in theNewSouth Wales Attorney-General's Department. He was Deputy Secretary /Deputy Director-General between 1985and 1991 and Director­ General of the New South Wales Courts Services from 1989 to 1991. Mr Webb was a member of the New South Wales Legal Aid Commission from 1983 to 1991 and of the Law Foundation of New South Wales between 1982 and 1985. He was also a member of the Board of the Australian Commercial Disputes Centre between 1986 and 1992. He is legally qualified.

Kim Wilson

Appointed from 1 December 1987 for a period of five years, Mr Wilson previously practised as a lawyer in NSW and in Papua New Guinea. He was legal adviser to the leader of the Northern Territory Opposition, senior private secretary to the Federal Minister for Aboriginal Affairs and a judge of the Supreme Court and National Court of Papua New Guinea. He has been an Associate Commissioner of the Trade Practices Commission since September 1991 and a member of the Council of the National Film and Sound Archive since 1990.

3 Bruce Allen M.J.

Appointed from 21 April 1988 for a period of five years, Mr Allen was formerly a television producer with the ABC, the BBC and more recently with the Canadian Broadcasting Corporation. He has been a policy and program analyst and a consultant to the public and private sectors, including the Canadian Department of Communications in Ottawa. He was a foundation director of Television Australia Satellite Systems Limited; a course director at the Australian Film, Television and Radio School; has taught the theory and practice of television production at Macquarie University and lectured in communications at Ottawa University.

Suzanne Brooks B.Ec.

Appointed from 1 August 1988 for a period of five years, Ms Brooks was formerly Head of the Office of Status of Women in the Department of the Prime Minister and Cabinet. In the mid 1980s she worked in money marketactivitiesand was a financial adviser to the Victorian Government. She is currently undertaking a Master of Law degree.

Tim O'Keefe B.Com.(UNSW), ACA

MrO'KeefewasappointedtotheTribunalinJuly1990foraperiodoffive years. He has had ten years experience in the broadcasting industry and before joining the Tribunal was Chief Executive of Wesgo Ltd and Chairman of all that listed company's licensee subsidiaries. He has also held corporate development and financial management positions with Wesgo, AWA Radio Network and 2DA Y FM Ltd and has served on the Federal Council of the Federation of Australian Radio Broadcasters.

ASSOCIATE MEMBERS Brian Johns MA

Brian Johns was appointed from 10 September 1991 until 17 September 1992 for the purpose of inquiries in general. Professor Johns is currently Deputy Chairman of the Trade Practices Commission and Emeritus Professor of Economics, University of Newcastle. He was formerly Foundation Directorof the Bureau oflndustry Economics and Professor of Economics at the University of Newcastle. Professor Johns has also held visiting academic appointmentsatthe UniversityofBritish Columbia, ANU, St Antony's College, Oxford and at the Massachusetts Institute of Technology.

4 David Haines

Mr Haines was appointed on 21 April 1992 for the duration of the Program Classification Inquiry. He has been Deputy Chief Censor with the Office of Film and Literature Classification since 1988 and in that time has also served as Secretary to the Standing Committee of Censorship Ministers and as alternative Chairman, Steering Committee, Public Awareness Campaign. Mr Haines was Acting Deputy Chief Censor of the Film Censorship Board from 1986 to 1988 and a member of the Film Censorship Board from 1981to1986. Prior to that he was a co-writer and producer of children's television drama and taught English drama and media studies in secondary schools.

5 6 CHAPTER2

THE YEAR IN REVIEW

7 8 The twelve months to 30June1992 saw the first stages in the recovery of the television industry in Australia after the entrepreneurial mistakes of the late nineteen eighties. The Seven and Ten television networks, which both began the year in the hands of receivers, underwent restructuring after the banks involved adopted a 'take and hold' strategy. The Seven network services were sold to a holding company, Television Holding Ltd, in August 1991, while the sale of the Ten network to Television and Telecasters Ltd (a wholly owned subsidiary of Westpac) was approved by the Tribunal in October 1991. Figures released by the Tribunal during the year showed that both the commercial television and commercial radio industries recorded losses during the financial year 1990-91. The television industry suffered a loss of $225.3m, compared with a loss of $80.9m in 1989-90. Radio posted an overall loss for the first time in over fifty years. The industry lost $155m compared with a profit of $0.2m in 1989-90. The public radio sector recorded a deficit of $058m, compared with a deficit of $0.26m in 1989-90.

Program standards The Tribunal received 7407 comments or complaints from viewers and listeners during 1991-92, an increase of almost 120 per cent on the previous year's total of 3374. Much of the increase in complaints related to the portrayal of sex and nudity on television. This issue, together with other contentious matters such as the portrayal of violence on television and bad language, was examined in the Tribunal's inquiry into the program standards relating to classification of programs during the year. The inquiry commenced in August 1991 and received more than five hundred submissions by June 1992.

As part of the inquiry, the Tribunal, in conjunction with the Office of Film and Literature Classification, commissioned research into community attitudes on these matters. The research findings will be considered by the Tribunal in making its decision on whether the current classification criteria accurately reflect the views of the general public. The Tribunal completed the last stage of its inquiry into Australian content on television, dealing with Australian content in advertising, during the year. A new standard was determined in November 1991.

The standard requires that at least 80 per cent of advertising time broadcast in a year by each television station between 6.00 a.rn. and midnight is occupied by Australian produced advertisements. The previous standard required 80 per cent of each advertisement to be Australian produced.

9 The Tribunal also concluded its review of advertising time on television during the year. The review commenced in October 1989 following a two year period of deregulation.

In its February 1992 inquiry report, the Tribunal set out the details of and reasons for its decision to re-introduce regulation in this area by means of a new standard. The standard was introduced in two stages. From 1 March to 31August1992, licensees were able to schedule up to 14 minutes of non-program matter in prime time (6.00 p .m. to 10.30 p.m.), with a maximum of 15 minutes in any hour. From 1 September 1992, these limits were to be reduced to 13 minutes of non-program matter per hour in prime time, with a maximum of 15 minutes in any hour. At other times of the day, licensees were able to schedule 15 minutes per hour with a maximum of 16 minutes in any one hour.

In March 1992, the Seven network and TCN Channel Nine Pty Ltd appealed the Tribunal's decision in the Federal Court At 30 June, the matter had not been heard by the Court.

In December 1991, the Tribunal determined new standards to ensure that current affairs programs are presented on television and radio with accuracy and fairness and in a way which allows informed public debate on substantial issues affecting the community. The standards commenced on 1January1992.

In other program standards inquiries during the year, the Tribunal found that programs broadcast by Mr John Laws in March 1987breached radio standards, coverage of the 1990 Australian Grand Prix by TCN Channel Nine and others did not breach the ban on cigarette advertising contained in the Broadcasting Act and the television program Teenage Mutant Ninja Turtles was not an advertisement under the current standards.

Children's television

Prior to March 1992, the assessment of programs for C or P classification under the Children's Television Standards was carried out by the Children's Program Committee (CPC) which made recommendations to the Tribunal on which programs should receive classification status. The members of the CPC were drawn from the general public and the production, television and advertising industries and had expertise of value to children's television.

In June 1991, the Tribunal reviewed the operations of the committee and made a number of changes designed to streamline the assessment process. However, continuing difficulties and delays in the system lead to a further review in March 1992 when it was decided to disband the committee and move to internal assessment procedures.

Programs are now assessed by Tribunal staff with recourse to specialist consultants if necessary. Most programs can be dealt with promptly

10 rather than having every application processed under a committee system tied to a monthly meeting schedule.

Research

The Tribunal released the first results ofits attitudinal research program during the year. The results were published in the form of monographs and the first three were titled Community Views on Broodcasting Regulation, Sex, Violence & Offensive Language: Community Views on Classification of TV Programs and Who Complains?

Tourang

The cross-media rules contained in the Broadcasting Act prompted the Tribunal's interest in the sale of John Fairfax Group Pty Ltd (Fairfax), publishers of the Sydney Morning Herald and the Age. Fairfax had been placed in receivership in December 1990. One of the bidders for Fairfax was the Tourang consortium, whose members included Mr Kerry Packer, principal shareholder in the Nine television network. The other partners in the consortium included Canadian businessman Mr Conrad Black and US investment house Hellman and Friedman.

Mr Packer, through Consolidated Press Holdings Ltd, held a prescribed interest in television services TCN Sydney and GTV Melbourne. The service areas of these licences are associated with the Sydney Morning Herald and the Age, respectively. The acquisition of a prescribed interest in either of these newspapers by Mr Packer would have resulted in a contravention of the cross media limits.

The Tribunal held informal meetings with the bidders for Fairfax from September 1991 onwards and then, using its expanded powers to require information or documents in advance of a transaction occurring, issued a series of notices to the receiver and others in November 1991.

On the basis of information received as a result of these notices, the Tribunal commenced a public inquiry into the Tourang bid on 26 November. Mr Packer announced his withdrawal from the consortium on 28 November and, after sighting various documents confirming this withdrawal, the Tribunal closed its inquiry on 13 December.

Licence grants

The Tribunal decided to grant two independent commercial radio licences in 1991-92, one in Wagga, NSW and the other in Mackay, Queensland. Both grants were the subject of appeal to the Federal Court by incumbent AM licensees (2WG Wagga and 4MK Mackay, respectively).

11 The Tribunal also granted two supplementary radio licences (to 2BH Broken Hill and 8HA Alice Springs), one remote radio licence (for the North-East Zone) and eight public radio licences. The public licences were for the areas of Gosford, Katoomba and Forbes/Parkes (all NSW), Mallacoota (Victoria), Townsville (Queensland), Adelaide (metropolitan), Adelaide (South West and Western Suburbs) and Katherine (Northern Territory).

12 CHAPTER3

POWERS AND FUNCTIONS OF THE TRIBUNAL

13 14 The Tribunal is established by s. 7 of the Broadcasting Act 1942 ('the Act'), and its structure and functions are detailed in Divisions 1and2 of Part II of the Act.

The Tribunal was established on 1 January 1977 and assumed the powers and functions of the former Australian Broadcasting Control Board with the exreption of planning and engineering functions relating to broadcasting services. These were transferred to the Postal and Telecommunications Deparbnent (now the Deparbnent of Transport and Communications) and later to the Minister. From 1January1978, the powers and functions of the Tribunal were extended to transfer to the Tribunal powers in the broadcasting and television licensing area formerly exercised by the Minister for Post and Telecommunications (now the Minister for Transport and Communications).

The express functions of the Tribunal are set out in s. 16 of the Act as follows:

(1) The functions of the Tribunal are-

(a) to grant, renew, suspend, revoke and accept the surrender of licences;

(b) to authorise transactions in relation to licences under ss. 89A, 89B, 89C, 89CA, and 89CB;

(c) to grant approvals and give directions under Divisions 2 and 3 of Part IIIBA in relation to the ownership and control of licences;

(ca) by order, to determine guidelines to be observed by a licensee within the meaning of Part IIID in respect of the hours during which, and the manner in which, policy launches of political parties are to be broadcast;

(cb) by order, to determine guidelines, not inconsistent with regulations, to be observed by a broadcaster in respect of the days and times when, and the manner in which, election broadcasts within the meaning of Division 3 of Part IIID are to be made;

(d) by instrument in writing, to determine the standards to be observed by licensees in respect of the broadcasting of programs and in respect of programs to be broadcast;

(e) (repealed)

(f) to determine the hours during which programs may be broadcast by licensees;

(g) to hold inquiries as provided by this Act or as directed by the Minister under s. 18, and to publish reports in relation to those inquiries;

15 (h) to assemble information relating to broadcasting in Australia under s. 124; and

(i) to perform such duties and exercise such powers as are imposed or conferred upon it by this Act and the regulations.

(2) In performing its functions under paragraphs (l)(d) and (f) in relation to broadcasting of programs by licensees, the Tribunal shall consult representatives of those licensees.

Under s. 15D of the Act the Tribunal may delegate to a member of the Tribunal any of its powers under the Act, other than the power of delegation and the power to hold inquiries.

Under s. 15C of the Act the Chairman of the Tribunal may constitute Divisions of the Tribunal for the purposes of holding inquiries, consisting of a member or members and an associate member or members, if applicable.

More details on the Tribunal's functions are contained in Appendix N (FOI Statement).

At the date of this report, the responsible Minister was the Minister for Responsible Transport and Communications, Senator the Hon. Bob Collins. Minister During the period covered by this report, there have been three previous Ministers responsible for this portfolio, namely the Hon. Kim Beazley, the Hon. John Kerin and Senator the Hon. Graham Richardson.

16 CHAPTER4

LICENSING

17 18 The Tribunal's licensing powers are contained in Parts IIIB and IIIBA of the Broodcasting Act 1942. The main powers which directly affect licences are:

-grant -renewal - suspension and revocation - imposition, variation and revocation of licence conditions - approval of licence transfer - approval of participation in licence benefits - approval of share transactions affecting licences The Tribunal's administration of the latter three powers is outlined in Chapters. As part of its licensing functions, the Tribunal also approves changes to memoranda and articles of licensee companies and collects licensees' financial information and licence fees.

As at 30 June 1992, there were 305 licences on issue in the following categories:- Number and Type of Licences on Commercial Television 42 Issue Commercial Radio 146 Public Radio 103 Remote Television 3 Remote Radio 1 Supplementary Radio 4 Limited (Information Purposes) 6

During the year, one pair of commercial television licences, CBN Central and South East NSW I ACT, and RVN Wagga, was consolidated as CBN Southern NSW I ACT. The Tribunal also accepted the surrender, by the licensee, of the licence for commercial radio service 8DN, Darwin.

In addition, the Tribunal issued the following one commercial licence, six public licences and one supplementary radio licence:

CALL SIGN LICENSEE

Commercial

6BA Y Gerald ton Geraldton FM Pty Ltd

Public

2NVR Nambucca Radio Nambucca Inc.

19 2WA Y Port Macquarie Hastings Community FM Radio Association Inc.

3MDR Mountain Mountain District Radio Inc. Districts, Melbourne

3SER South Eastern Market City Radio Association Inc. Suburbs, Melbourne

SCST South Western Southern and Western Community and Western Suburbs, Broadcasters Inc. Adelaide

6RPHPerth Foundation for Information Radio of WA Inc.

Supplementary 2WSKNowra South Coast and Tablelands Broadcasting PtyLtd

The 1991-92 year was the first in which applications for limited licences, Grant of Limited which had been lodged with the Minister, were referred to the Tribunal Licences under s. 82AB of the Act.

During the year, the Tribunal granted the following limited licences for the purpose of providing information services:

AREA SERVED LICENSEE

Cessnock, NSW Beecroft Audio Publications Pty Ltd

Bellarine, Vic Bellarine Rural City Council

Mornington Peninsula, Television Entertainers of Australia Pty Ltd Vic

Barossa Valley, SA Barossa Tourist Association Inc.

Glenelg, SA Corporation of the City of Glenelg

Hahndorf, SA Hahndorf Tourist Association Inc.

The Tribunal also made decisions during the year to grant 25 limited licences for the purpose of providing either a radio or television service that had a substantial connection with a special event.

A detailed description of the Limited Licences Scheme is to be found in the Tribunal's publication, Broadcasting in Australia (fourth edition).

20 Changes To The Constituent Documents Of Licensees

During the year, the Tribunal granted approval for various changes to licensees' constituent documents (memorandum and articles of association, constitution, rules, by-laws etc.). Changes were approved to the constituent documents of nine commercial television licensees, twelve commercial radio licensees and three public radio licensees.

Albury-Wodonga Commercial Radio An account of the early stages of this inquiry is contained in the Licence Grant Tribunal's Annual Report 1990-91 (p. 20). The sole applicant for the Inquiries licence is Albury-Wodonga Broadcasters Ltd. The amendments to the Broadcasting Act which came into force in January 1992 as a result of the Broadcasting Amendment Act (No.2) 1991 have had an impact on this inquiry (see Chapter 9). A conference was held on 12 February 1992 with the parties (2AY Albury and 3NE Wangaratta as well as the applicant) to consider the effect of the news. 80B (relating to the commercial viability of the existing services), and a hearing was held in Albury on 6-7 April 1992.

Subsequently, on 14May1992, the Minister referred an application for a supplementary licence from 2A Y Albury to the Tribunal. Legal submissions have been received about the operation of s. 82AAA, concerning the simultaneous consideration of commercial and supplementary licences. Submissions close for the supplementary licence inquiry for this area on 15July1992. A further hearing into the independent licence grant was held in Albury on 22-26 June 1992. At 30 June 1992 the two inquiries were continuing.

Lismore, NSW

An account of the early stages of the inquiry is to be found in the Tribunal's Annual Report (1990-91) p.20.

On 17 December 1991, the Tribunal released a preliminary view that the existing service, 2LM Lismore, would be commercially viable after the introduction of a new service. After reviewing additional material presented by 2LM at a hearing on 9-10 March 1992 and subsequently, the Tribunal decided, on 13 May 1992, that 2LM would not be commercially viable and accordingly decided that a new licence would not be granted.

One of the applicants, Northern NSW Pty Limited, applied to the Federal Court on 10 June 1992 for an order of review of the decision but d~scontinued the proceedings on 30 June 1992.

21 Wagga Wagga, NSW

1his inquiry commenced in April 1990. A public hearing was held in Wagga on 6 and 7 August 1991. There were two applicants for the licence and the licensee of commercial radio service 2WG Wagga was admitted as a party after making a submission that its service would not be commercially viable after the grant of a second commercial licence.

On 14 November 1991, the Tribunal decided to grant the licence to Wagga and Riverina FM Stereo Broadcasters Pty limited. The licensee of 2WG has applied to the Federal Court for an order of review of this decision. A hearing in this matter has been scheduled for August 1992.

Sale, Vic

On 13November1991, the Minister for Transport and Communications invited applications for the grant of a commercial FM radio licence to serve the Sale area of Victoria. The Tribunal received one application, from FM Gippsland Pty Ltd.

The Minister also referred to the Tribunal an application by Southern Cross Broadcasting Australia Limited, the licensee of commercial radio service 3TR Sale, for the grant of a supplementary FM radio licence to serve the same area.

The Tribunal decided to consider both applications simultaneously and joined the inquiries. On 20 May 1992 Southern Cross Broadcasting Australia Ltd advised the Tribunal that it was withdrawing its application for the supplementary licence.

Both 3TR and 3GG Warragul, an overlapping service, have lodged submissions with the Tribunal opposing the grant of an additional licence on the grounds that their commercial viability will be affected.

At 30June1992 the inquiry was continuing.

Mackay

An account of the early stages of the inquiry is to be found in the Tribunal's Annual Report 1990-91(p.20).

The sole applicant for the licence was Tropical FM Pty Ltd. Final submissions to the inquiry were made in March 1991 and on 31 December 1991 the Tribunal decided to grant the licence to Tropical FM.

A full account of the inquiry may be found in Report No. IL/89 /34,

22 Barrier Reef Broadcasting, the licensee of 4MK Mackay, appealed the Tribunal's decision to the Federal Court and on 29 May 1992 the Court set aside the Tribunal's decision. On 16June1992, Tropical FM appealed the Federal Court's decision to the Full Federal Court. As of 30 June 1992, the matter had not been heard.

Darwin, NT

On 19 February 1992, the Minister for Transport and Communications invited applications for the grant of a commercial FM radio licence to serve the areas of Darwin and Katherine in the Northern Territory.

The Tribunal received one application, from The Media Company (NT) Pty Ltd ( 'TMC'). TMC's licence application included a proposal that until the viability of transmitting to Katherine was established, it would not provide a service to Katherine.

On 11June1992 the Tribunal advised TMC of its preliminary view that the application did not satisfy the service specifications set down by the Minister and that unless TMC provided an undertaking that it would provide a service to the whole of the service area, the Tribunal would inform the Minister that no application had been received satisfying the licence service specifications.

Northern Territory FM Ltd (licensee for SHOT FM) and Territory Television Pty Ltd (licensee for NTD 8 Darwin) have each made submissions to the inquiry arguing that the licence should not be granted. At 30June1992, the inquiry was continuing.

Broken Hill, NSW Supplementary On 18 February 1992 the Tribunal received an updated application Radio Grant from Far West Radio, licensee of 2BH Broken Hill, applying for a Inquiries supplementary radio service for Broken Hill. The original application was lodged with the Minister in 1986.

The Tribunal decided to grant the licence to the applicant on 15 April 1992. This inquiry was decided under regulation 8 of the ABT (Inquiries) Regulations which allows a matter to be terminated without further investigation apart from consideration of the application itself.

A full account of the Tribunal's decision is contained in Report No. IL/ 92 / 28.

23 Lismore, NSW

A supplementary application from Riclunond River Broadcasters was received by the Tribunal on 19 May 1992, referred by the Minister for Transport and Communications. The Tribunal commenced an inquiry on 22May1992, which was still in progress at 30 June 1992.

Mtlsa,Qld

On 26November1991, the Minister for Transport and Communications referred to the Tribunal an application by North Queensland Broadcasting Corporation Pty Ltd, licensee of commercial radio service 4LM Mt Isa, for the grant of a supplementary FM radio licence.

The 4LM service area currently includes the cities of Mt Isa and Cloncurry. However as part of their application, North Queensland Broadcasting Corporation have applied for a variation in the service area of the supplementary licence to exclude the town of Ooncurry. This variation of service area was included among the issues to be considered by the Tribunal during this inquiry.

At 30 June 1992 the inquiry was continuing.

Alice Springs, NT

Accounts of the early stages of this inquiry are contained in the Tribunal's Annual RqXYrt 1987-88 (p. 27),Annual RqXYrt 1988-89 (pp. 30-31), Annual RqXJrt 1989-90 (p. 23) and Annual RqXJrt 1990-91(pp.21-22) respectively.

On 9October1991, following a hearingin Alice Springs on 2-4 September 1991, the Tribunal decided to grant a supplementary licence to 8HA Alice Springs. A full account of the inquiry may be found in Report No. IL/ 87I 49 (First and Second Reports).

Joined Kempsey, NSW Supplementary/ Accounts of the early stages of these inquiries are contained in the Independent Radio Tribunal's Annual RqXJrt 1988-89 (p. 33), Annual RqXJrt 1989-90 (p. 25) Grant Inquiries and Annual RqXYrt 1990-91(p.22). Following the enactment of legislative amendments affecting this inquiry (Broodcasting Amendment Act (No 2), 1991), the Tribunal held a conference with parties at its North Sydney office to discuss the impact of the changes on the future course of the inquiry. Both written and oral submissions were made by parties, and the formal documentary phase of the inquiry was completed on 28 February 1992. A public hearing was held on 30-31 March 1992 in Port Macquarie, NSW.

24 At 30June1992 the inquiry was continuing.

Tamworth, NSW

The Minister invited applications for a second Tamworth commercial radio licence in November 1991, and at the same time referred to the Tribunal an application by the licensee of 2TM Tamworth for a supplementary licence. In response to the Tribunal's request for updated information, 2TM submitted an entirely revised application in January 1992.

An application for the commercial licence was received from Tamworth FM Pty Ltd on 19 March, after the Tribunal had agreed to extend the time for lodgment; no other applications for the commercial licence were received.

The inquiries into the grant of each of the two licences have been joined. The licensees of 2TM and 2MO Gunnedah (2MO' s service area overlaps that of Tamworth) have submitted that their services would not be commercially viable after the grant of a second commercial radio licence to serve Tamworth. Tamworth FM has submitted that the Tribunal should determine under s. 83B(7)(c) of the Act that only one additional licence should be granted to serve the region.

At 30 June 1992 the inquiry was continuing.

Cairns,Qld

In a notice dated 13 November 1991, the Minister for Transport and Communications invited applications for the grant of a commercial FM radio licence to serve the Cairns area. The Tribunal has received one application from Cairns FM Pty Ltd.

Further, the Minister has referred to the Tribunal an application by Greater Cairns Radio Ltd, the licensee of 4CA Cairns, for the grant of a supplementary FM radio licence for the Cairns area. The Tribunal is considering both applications simultaneously.

A notice of the joined supplementary /independent FM licence grant inquiry was published on 26February1992.

At 30 June 1992, the formal documentary phase for this inquiry is partially completed and the Tribunal has tentatively scheduled a public hearing for the inquiry from 22-24 July 1992. Counsel for the incumbent service, 4CA Cairns, has argued that the inquiries should not have been joined and that the provisions of s. 82AAA and s. 83B7 do not apply to Greater Cairns Radio Ltd. The Tribunal is currently considering its legal position.

25 Bundaberg, Qld

In response to the Minister of Transport and Communication's notice of 13 November 1991, one application for the grant of a commercial FM radio licence to serve the area of Bundaberg in Queensland was received by the Tribunal, from Rockworth Pty Ltd.

The Minister further referred to the Tribunal an application by Bundaberg Broadcasters Pty Ltd, the licensee of 4BU Bundaberg, for the grant of a supplementary FM radio licence to serve the same area. The Tribunal is considering both applications simultaneously.

Submissions to the inquiries closed on 10 April 1992.

Parties to the inquiries have lodged submissions in response to the Tribunal's preliminary view on commercial viability.

A public hearing is scheduled to take place on 7-8 September 1992.

North East Remote Radio Service Remote Licences At the end of 1990 there were three applicants for this licence. Two, however, withdrew leaving Ausradio as the sole applicant.

Issues in the inquiry turned on the financial capability of Ausradio and any potentially damaging effects on the commercial viability of public radio services 2WEB Bourke and 2TEN Tenterfield.

The Tribunal invited the two public stations to cooperate with the RCRS licensee in the provision of the remote service within their communities. They declined to do so.

The Tribunal decided to grant the licence to Ausradio on 28 February 1992.

The licensee of 2WEB sought from the Federal Court an order of review of the decision, but this was refused on 29 May 1992.

Gosford, NSW Public Radio Licence Grants In response to the Minister's call for applications for a public radio licence to serve the Gosford area, the Tribunal received an application from Central Coast Community FM Radio Association Limited. This was the only application received.

In November 1991 the Tribunal held a public hearing as part of the inquiry process. A public radio licence was granted to Central Coast Community FM Radio Association Limited to serve the Gosford area of NSW.

A full account of this inquiry is available in Report No. IL / 91 /11. 26 Griffith, NSW

On 8 August 1991, applications for a public FM radio licence were invited by the Minister to serve the Griffith area of NSW. The licence is to be granted to provide a community service. One application was received, from the Griffith City Community FM Association Inc. An inquiry into this application began on 18October1991 and was still in progress at 30June1992.

Katoomba and Environs, NSW

On 19 November 1991, the Tribunal received an application from the Blue Mountains Public Broadcasting Society Incorporated for the grant of a community public radio licence.

On 4 June 1992 the Tribunal conducted a public hearing in Katoomba at the conclusion of which it decided to grant the licence.

Further information about the inquiry is contained in Report No. IL/ 91/77.

Lachlan Valley (Forbes/Parkes), NSW

In a notice dated 31 December 1990, the Minister for Transport and Communications invited applications for a public radio licence to serve the Lachlan Valley region of NSW.

The sole applicant for the licence was Lachlan Valley Community FM Incorporated.

A public hearing was held in Forbes on 6 December 1991. Following some difficulties experienced by the applicant with sponsorship announcements broadcast during a test transmission, the Tribunal held a conference in Sydney with members of the Committee of Management on 12 February 1992. The applicant was asked to supply the texts of sponsorship announcements broadcast during its subsequent test transmission in April 1992. The applicant also undertook to revise the procedures it had adopted for the preparation of sponsorship announcements. The Tribunal decided to grant a community public radio licence to Lachlan Valley Community FM Incorporated on 16 April 1992.

A full account of this inquiry is contained in Report No. IL/91 /20.

27 Mallacoota, Vic

On 17 December 1991, the Tribunal decided to grant a public radio licence to Mallacoota and Genoa Broadcasting Co-operative Society Limited for the provision of a community public radio service.

A full account of this inquiry is contained in the Report No. IL/91 /1.

East Gippsland, Vic

In a notice dated 31 July 1991, the Minister invited applications for a public community radio licence to serve F.ast Gippsland. An application was received from Radio F.ast Gippsland Incorporated. No submissions were received opposing the grant and, on 30 June 1992, the Tribunal decided to grant the licence to this applicant.

A full account of this inquiry is contained in Report No. IL / 91I67.

Mackay,Qld

In a notice dated 5 November 1991, the Minister invited applications for a public radio licence to serve the Mackay area of Queensland. The licence is to provide a community service. Two applications were received, from the Mackay Community Radio Association and the Central Queensland Aboriginal Land Council. The inquiry commenced on 7 February 1992.

A preliminary public conference was held in Mackay on 2 June 1992 at which possible consolidation of the applications was discussed.

At the conference, the applicants agreed to continue working towards the preparation of a single application.

Townsville and Environs, Qld

On 30 October 1991, the Tribunal received an application from the Townsville Aboriginal and Islander Media Association for the grant of a special interest (Aboriginal) public radio licence to serve Townsville and environs.

The Tribunal received a second application for the licence from the Townsville and Thuringowa Ethnic Broadcasters Association. The application from the Townsville and Thuringowa Ethnic Broadcasters was not accepted by the Tribunal because although the Minister's notice called for a 'special interest (Aboriginal)' licence, the Association planned to share programming between Aboriginal and ethnic broadcasts. Further, the organisation's articles of association referred

28 only to ethnic programming. In addition it was considered that the application did not substantially comply with the requirements of (Inquiries) Regulation 4 in that many sections of its application were not completed, the undertaking was not signed and where information was provided there was no substantiating documentation.

The Townsville and Thuringowa Ethnic Broadcasters Association was notified of the Tribunal's decision in written correspondence of 11 November 1991.

On 15 April 1992 the Tribunal granted a special interest class (Aboriginal) public radio licence to the Townsville Aboriginal and Islander Media Association ('TAIMA'). The Tribunal granted the licence at the conclusion of a public hearing held in Townsville.

Further information about the inquiry is contained in the Report No. IL/91/72.

Adelaide (South Western & Western Suburbs)

On 17December1990 the Ministerinvited applications for a community public radio licence to serve the south western and western suburbs of Adelaide.

The only applicant for the licence was Southern and Western Community Broadcasters Inc.

A public hearing was held in Adelaide on 28 October 1991 and the Tribunal decided to grant a licence to the applicant on 12 December 1991. The service, SCST, commenced on 28 June 1992.

A full account of this inquiry maybe found in Report No. IL/91/14.

Adelaide (Special Interest)

In December 1990, the Minister invited applications for a special interest public radio licence to serve Adelaide. Applications were received from the University of Adelaide (SUV), the Aboriginal Community College Incorporated, Christian Radio Incorporated and Radio Italiana Incorporated. The Aboriginal Community College Incorporated subsequently withdrew its application to establish a co-operative approach with the University of Adelaide. An amended application was accepted by the Tribunal on 15 October 1991.

The nature of the special licence was not specified initially, but after examining the applicants, the Tribunal determined that the special interest category would be Christian. The Tribunal considered that this section of the community had the most urgent need of service.

29 Following this decision, the University of Adelaide and Radio Italiana were invited to amend their applications in order to accommodate the special interest detennined. Each declined to do so and therefore Ouistian Radio Incorporated became the sole applicant. On 17December 1991 the Tribunal decided to grant the licence to Christian Radio Incorporated.

Millicent, SA

On 11December1991, the Minister invited applications for the grant of a public (community) licence to serve the area of Millicent.

One application was received, from Millicent Community Access Radio Inc.

Two submissions to the inquiry raised concerns about the commercial nature of the proposed service.

At 30 June 1992 the inquiry was continuing with a hearing scheduled for 21 July 1992.

Katherine, NT

On 23 October 1991, the Minister for Transport and Communications invited applications for a community public radio licence to serve Katherine.

The sole applicant for the licence was Katherine Community Radio Incorporated. This application was lodged at the Tribunal on 19 December 1991.

The Tribunal decided to grant the licence to the applicant on 12 May 1992.

A full account of the Tribunal decision is contained in Report No. IL/ 92/28.

Renewal of CBN Southern New South Wales Licences with The licence for commercial television service CBN, held by Prime Conditions or Television (Southern) Pty Ltd, was renewed for the period 9 September Licensee 1991to30 January 1996. Undertaking The Tribunal's preliminary view was that conditions should be imposed on the licence. However, the Tribunal decided that instead of imposing conditions, it would accept an undertaking by the licensee in the same terms as the conditions which the Tribunal had intended to impose.

30 The licensee undertook to provide the Tribunal with six-monthly financial reports during the licence period relating to actual and projected trading results and the discrepancies between those results. The first report, covering the period 1 July to 31 December 1991, was to be submitted to the Tribunal by 22February1992. A full account of this inquiry is contained in Report Nos. IL/89 /34, IL/ 90/95.

RTQ Regional Queensland

The licence for commercial television service RTQ held by WIN Television Qld Pty Ltd, was renewed until 17 October 1996, with the following condition imposed:

The licensee shall report to the Tribunal by 17 October 1992 on how it has rectified the technical difficulties experienced in the Springsure region of the service area.

A full account of this inquiry is contained in Report No. IL/91 /27.

2REM Albury-Wodonga

On 12 January 1990, the Tribunal received an application from Community Radio Albury-Wodonga Co-operative Society Ltd for the renewal of public radio licence 2REM Albury-Wodonga.

The Tribunal renewed the licence on 10 January 1992 for the full term of five years with the following conditions:

On 10January1993, the licensee will provide a full report to the Tribunal detailing:

(a) the establishment of sponsorship procedures;

(b) progress toward achieving maximum community participation in the operations of the licence;

(c) the simplification of the rules and procedures of the licensee organisation; and

(d) the arrangement between the licensee and the NSW TAB.

A full account of this inquiry and details of the information the licensee is required to provide are contained in Report No. IL/90 I 44.

31 2WEBBourke

The licence for public radio service 2WEB, held by W.R.E.B. Co-op Ltd, was renewed until 5June1996.

The Tribunal also imposed a condition on the licence requiring the licensee to amend its rules to provide for:

(a) at least two directors to be members nominated by the North West Regional Aboriginal Lands Council;

(b) the creation of an Aboriginal Program Advisory Group (APAG) consisting of one director, one staff member of the licensee and six Aboriginal representatives, including at least one representative nominated by each of the Burran Aboriginal Corporation and the Widjeri Housing Co-operative Ltd;

(c) the inclusion of specified objectives and guidelines for the APAG; and

(d) seven hours of programming per week which are to meet the objectives of Aboriginal broadcasting. A full account of the inquiry and details of the AP AG' s objectives and guidelines are contained in Report No. IL/89 /180.

Revocation/ Remote Commercial Television Services Suspension/ On 25 May 1992, the Tribunal commenced an inquiry into the variation Conditions or revocation of the conditions on the licences of the remote commercial Inquiries television services. This inquiry commenced as a result of the licensees' apparent inability to comply with the conditions, which require that specific amounts of Aboriginal and/or educational programs be broadcast by each licensee.

At 30June1992 the inquiry continues.

3AW Melbourne Since 1946 commercial radio service 3A W Melbourne has had a licence condition placed upon its licence regarding the weekly broadcast of program material by the Catholic Church. (The condition existed as an agreement from 1932 to 1946 between the Church and the licensee of 3AW.)

Following a hearing during the 1982 3AW licence renewal inquiry, the licensee requested the Tribunal give consideration to the revocation of the condition. No further action was taken on the matter until the Tribunal decided in February 1991 that, pursuant to s. 17C(l) of the Act, an inquiry should be commenced into the variation or revocation of the

32 condition. Following an invitation by the Tribunal, nine submissions were received.

The Tribunal considered the increased competition in the Melbourne area since the imposition of the condition in 1946, the introduction of s. 103 of the Broadcasting Act on all licensees regarding religious broadcasting and the desirability for market-driven programming, and concluded that the condition had the potential to retard the station's competitiveness and affect the commercial viability of the service. On 9 January 1992 the Tribunal decided to revoke the licence condition.

A full account of this inquiry is contained in Report No. IL/91/28.

3WRB Melbourne Western Suburbs

In May 1990, the Tribunal received an application requesting suspension of the 3WRB licence. The Tribunal decided to join the resulting inquiry with a foreshadowed inquiry into the imposition of further conditions on that licence. One public hearing was held in December 1990, following which the inquiry sought to establish several matters of fact in relation to the licensee association's constituent documents and its financial performance.

A conference was held on 12July1991 in order to address these matters, which at that stage had still not been satisfactorily resolved. In September and October 1991, the licensee produced evidence demonstrating changes in the management and operation of the service and establishing its change of status to that of an incorporated association. The evidence included several submissions of support from service users and other interested parties. The Tribunal decided at this stage not to widen the inquiry to include the possible revocation of the licence.

In December 1991, the Tribunal received, from a suspended association member, a notice of intent to present a late submission covering a wide range of allegations against the conduct of the management of 3WRB. Permission to lodge a late submission was granted, and this was received on 25 February 1992 after some delay. A second and final conference was then held between the Tribunal and the licensee on 26 February.

On 21April1992 the Tribunal decided not to suspend the licence. The Tribunal imposed conditions on the licence which require the association to consider and vote on a number of proposed amendments to its rules at a general meeting during calendar year 1992. At 30 June 1992 that meeting had not yet taken place.

33 3BAY Geelong, Vic

The Tribunal commenced an inquiry on 22 October 1990 into whether to impose further conditions on the commercial radio licence for 3BA Y Geelong.

The decision to commence this inquiry was taken because certain matters came to the Tribunal's attention in the course of related inquiries, which gave rise to concerns about 3BAY's programming and simulcasting with its (then) sister station 3XY Melbourne, as well as about the technical, management and financial capability of the 3BA Y licensee, GLFM Pty Ltd.

On 26 March 1991, the licensee went into voluntary liquidation. The licence was subsequently transferred to Geelong Independent (Radio) Ltd following a hearing on 10 December 1991.

The Tribunal has since found that the need to impose further conditions on the licence has been obviated by the change in ownership and that no further conditions, pursuant to s. 85, are to be imposed.

3HOT Mildura, Vic

On 7 May 1991, Sunraysia Broadcasters Pty Ltd, the licensee of 3MA Mildura, applied to the Tribunal for the suspension or revocation of the 3HOT Mildura licence. The Tribunal did not accept this application.

On 28August1991, the Tribunal received an application from Sunraysia Broadcasters Pty Ltd, the licensee of 3MA Mildura, to exercise its substantive power to impose conditions on the 3HOT licence.

On 26June1992 the Tribunal determined that the licensee had breached the terms and conditions of its licence, as set out ins. 119AB of the Act, by broadcasting advertisements. The Tribunal found that 29 out of the 51 announcements assessed failed to comply with the provisions of this section of the Act.

At 30 June 1992 no decision had been reached by the Tribunal as to whether conditions should be imposed on the 3HOT licence.

3SUN Shepparton, Vic

A decision to grant a commercial radio licence for the Shepparton area to Goulburn Valley Broadcasters (3SUN) was made on 2 June 1988. There were several conditions placed upon the licence. The conditions related to programming, staffing and financial aspects of the station's operations.

34 The grant of the licence was delayed by challenges in the courts by 2QN Deniliquin and 3SR Shepparton. In November 1990 the Tribunal; granted a licence and decided to hold an inquiry into the variation or revocation of the licence conditions. This inquiry was then deferred until 1 June 1991.

At 30 June 1992 this inquiry was continuing.

4LG Longreach, Qld

On 31October1991, the licence for commercial radio service 4LG, held by Mid Queensland Broadcasting Pty Ltd, was renewed for five years, with the following condition imposed:

The licensee shall include with 4LG's completed Annual Return (ABT 11) for 1991 a report detailing:

(i) projected revenue targets for the 1991-1992 financial year;

(ii) the amount and source of new advertising revenue obtained for the 1990-1991 financial year;

(iii) a five year corporate plan for 4LG.

A full account of this inquiry is contained in Report No. IL/89 /34.

6KA Karratha/6NW Port Headland, WA

Northwest Radio Pty Ltd, the licensee of Western Australian commercial radio services 6KA Karratha and 6NW Port Hedland, applied to the Tribunal in early 1990 for the revocation of conditions on the two licences concerning the means of providing local news. The Tribunal considered Northwest Radio's report on its compliance with the conditions, and on 20 August 1990 determined that the conditions had been complied with during the first twelve-month period. It was decided to examine the licensee's continuing compliance again in the inquiries into renewal of the licences that were due in 1990.

On 27 July 1990 Northwest Radio lodged licence renewal applications, but the Tribunal deferred their consideration until 7 November. On 30 October the conditions revocation inquiry was joined with the renewal inquiries. During the course of those inquiries Northwest Radio was sold by its owner Abdilin Pty Ltd on 1 February 1991. The resulting share transaction inquiries were joined with the existing inquiries.

The conditions on the licence were revoked, the share transactions approved, and the licence renewed for the full period on 1 October 1991.

35 7THEHobart This inquiry was commenced following an application made jointly by the Federation of Australian Radio Broadcasters and commercial radio services 7I-Il-IO and 7HT Hobart for the revocation of the 7fHE licence. The applicants alleged that 7THE had consistently broadcast announcements that did not meet the requirements of the sponsorship provisions of the Broadcasting Act (s. 119AB). The Tribunal also expanded the terms of reference of the inquiry to consider 7fHE's performance relating to the conditions placed on its licence at the time of its last licence renewal. An account of the earlier stages of this inquiry is contained in the Tribunal's Annual Report 1990-91 at pp. 29 - 30. A public hearing into the matters outlined above was conducted by the Tribunal on 22-23 July 1991, in Hobart. At the conclusion of the inquiry the Tribunal found that the licensee, Hobart FM Inc, had breached the terms and conditions of the 7fHE licence. However, the Tribunal did not consider the circumstances justified taking irrevocable action against the licensee. Accordingly, on 21October1991, the Tribunal decided not to suspend or revoke the 7fHE licence, but to vary the conditions placed on the 7fHE licence at the previous licence renewal. The following two conditions were placed on the licence:

1. The licensee hold a general meeting of members, within three months of the date of [the Tribunal's decision], to consider as a priority:

a) the desirability of altering the constitution of the Association to:

i) reflect the new management structure

ii) amend the number of members able to requisition a special general meeting (currently ten members required) to 25 per cent of the total membership;

b) altering the Association's financial year end from 31 August to 30 June;

c) methods for ensuring future compliance with the sponsorship provisions of the Act; and

d) the development of alternative sources of income.

Within 30 days of the general meeting the licensee shall provide the Tribunal with a report of the proceedings, including the minutes, and the manner in which the Board intends to implement the decisions of the meeting.

2. The licensee is to hold discussions with officers of the department of Transport and Communications to resolve the following matters:

a) transmission site location;

36 b) antenna polarisation;

c) technical performance monitoring; and

d) coverage problems.

The first of these discussions shall take place within three months of the date of [the] report and the licensee shall inform the Tribunal in writing of the outcome of the discussions by 30 June 1992.

The following changes to call signs were approved during 1991-92: Allocation of Call Signs CALL SIGN LOCATION LICENSEE/ SUCCESSFUL APPLICANT

Commercial Radio

2AAY Albury Radio Albury-Wodonga (effective upon Ltd conversion to FM -currently 2AY)

2KKO Newcastle Radio 2KO Newcastle (effective upon PtyLtd conversion to FM -currently 2KO)

2UUL Wollongong Associated Communication (effective upon Enterprises (2WL) Pty Ltd conversion to FM - currently 2WL)

2UUS Sydney Wesgo Communications (effective upon PtyLtd conversion to FM -currently 2WS)

2WIN Wollongong WIN Radio Pty Ltd (converted to FM -previously 200)

2WFM Sydney Commonwealth Broadcasting (effective upon Corporation Pty Ltd conversion to FM - currently 2UW)

2XXX Newcastle Hunter Broadcasters (converted to FM- PtyLtd previously 2NX)

3EE Melbourne AWA Media Pty Ltd (previously 3XY)

37 4TAB Brisbane Broadcasting Station 4IP Pty Ltd (previously 4IP)

6IX Perth The Eagle Pty Ltd (previously 6GL)

Public Radio

6RTR Perth Arts Radio Ltd (previously 6UVS)

The following new call signs were approved during 1991-92:

Public Radio

2CCC (1) Gosford Central Coast Community FM Radio Association Inc.

2NVR Nambucca Radio Nambucca Inc.

2(X)() (1) Sydney Multicultural Community Radio Association Ltd

2SSR (1) Sutherland Sutherland Shire Community Radio Association Inc.

2WAY Port Macquarie Hastings Community FM Radio Association Inc.

4AAA(l) Brisbane Brisbane Indigenous Media Association Inc.

SCST South Western Southern and Western and Western Community Broadcasters Inc. Suburbs, Adelaide

SRAM(l) Adelaide Christian Radio Inc.

6RPH Perth Foundation for Information Radio of WA Inc.

Supplementaiy Radio

8SUN(l) Alice Springs Alice Springs Commercial Broadcasters Pty Ltd

(1) Service not commenced as at 30 June 1992.

38 CHAPTERS

OWNERSl-IlP AND CONTROL

39 40 Prior to 8 July 1991, Tribunal approval was required when a person acquired or increased a prescribed interest, as defined by the Broadcasting Act, in a commercial radio or television licence. Applications for approval had to be lodged by the parties to the transaction ('prescribed parties') and other persons who acquired or increased a prescribed interest as a result of the transaction ('non­ prescribed parties'). From8July1991, amendments to the Broadcasting Act came into force, which increased the threshold for a prescribed interest in commercial television from five percent to 15 percent and changed the share transaction approval and notification process.

In the case of a person acquiring a prescribed interest for the first time, an application for approval of the transaction is required to be lodged with the Tribunal within 28 days of the day on which the transaction took place. In all other instances the person must lodge a notice within seven days of the day on which the transaction took place. The Tribunal's powers in regard to ownership and control of licensee companies, as well as the procedures to be followed in the exercise of those powers, are outlined in the Broadcasting Act. Sections 90J and 90JA relate to commercial radio and ss. 92F and 92FAA relate to commercial television.

During the period 1991-92, Tribunal approval was sought for 96 applications and a further 267 notices were received. Applications and Notices Received Of the 96 applications, 44 (45.83 per cent) were from prescribed parties and 52 (54.17 per cent) were from non-prescribed parties. Of the 267 notices, 48 (17.98 per cent) were from prescribed parties and 219 (82.02 per cent) were from non-prescribed parties.

Forty one (42.7 per cent) of the applications and 18 (6.74 per cent) of the notices related to television, 55 (57.29 per cent) of the applications and 244 (91.38 per cent) of the notices related to radio only and five (1.87 per cent) of the notices related to companies with both radio and television interests.

The applications covered 44 separate transactions of which 29 (65.91 per cent) related to radio and 15 (34.09 per cent) related to television.

The notices covered 47 separate transactions of which 41 (87.23 per cent) related to radio, four (8.5 per cent) related to television and two (4.25 per cent) related to companies with both radio and television interests.

Purchase of John Fairfax Group Pty Ltd by the Tourang Consortium Most Significant The John Fairfax Group Pty Ltd ('Fairfax') publishers of the Sydney Inquiries Morning Herald and the Age, went into receivership in December 1990.

41 A number of bidders for the group subsequently emerged, including Tourang Ltd ('Tourang'), a public unlisted company whose shareholders at the time of announcement included The Daily Telegraph pk (chaired by the Canadian newspaper proprietor Mr Conrad Black), US investment house Hellman and Friedman Capital Partners II ('H&F') and Consolidated Press Holdings Ltd ('Conspress' chaired by Mr Kerry Packer). It was initially proposed by the consortium that The Daily Telegraph pk would hold 20 per cent, H&F 10 per cent and Conspress (Australian) 14.9 per cent. From the announcement of the bid, the Tribunal's main concern was that a successful Tourang bid for Fairfax would not result in a contravention of the ownership and control provisions of the Act. Mr Packer, through Conspress, already held a prescribed interest in television stations in Sydney and Melbourne (TCN and GTV). The service areas of these licences are associated with the Sydney Morning Herald and the Age newspapers respectively. It follows that the acquisition of a prescribed interest in either of the Sydney Morning Herald or the Age newspapers by Mr Packer would have resulted in a contravention of the cross-media limit in s. 92JB{2).

The Tourang consortium envisaged that after any acquisition of Fairfax, Mr Packer would hold just under 15 per cent of the paid-up value of all shares. This would be insufficient to amount to deemed control in the terms of s. 89K. However, there was also the issue of whether Mr Packer or Conspress would acquire actual control in the terms of s. 89JA after any acquisition of Fairfax. Prompted by indications that Mr Packer and Conspress were in a position to control the consortium before the transaction, the Tribunal commenced an investigation of all the circumstances surrounding the deal. The Broadcasting Amendment Act 1991 introduced a number of changes designed to increase the Tribunal's role in advance of a transaction with possible ownership and control implications. The Tribunal was to make extensive use of one of these new powers, the expanded power to require information or documents under s. 89X of the Act, during the Tourang investigation.

The investigation proceeded in two broad stages. From 12 September 1991, the Tribunal held informal meetings with the Fairfax bidders and obtained information on a voluntary basis. From 6 November 1991, it used its power under s. 89X to require information from parties to the Tourang bid. It also used s. 89X to monitor progress of the bids, to ensure its investigations were not forestalled.

On 26 November, the Chairman of the Tribunal appeared before the Select Committee on the Print Media in Canberra. He announced to the inquiry his intention to recommend to the Tribunal that an inquiry into the Tourang bid for Fairfax be established under s. 17C(2) on the basis of important new information received in reply to s. 89X notices. The inquiry would relate to the proposed exercise of the Tribunal's power to apply to the Federal Court under s. 92P to prevent a contravention of

42 the Act in connection with the bid by Tourang for Fairfax. The Tribunal, after reviewing the material gathered, accepted the Chairman's recommendation to hold an inquiry immediately. On 28 November, the Tribunal was advised of Mr Packer's withdrawal from the Tourang consortium. Copies of the Termination and Release Deed and the execution and delivery of the Deed of Mr Packer from Tourang were then sought and provided to the Tribunal. On 13 December 1991, the Tribunal announced that it was satisfied Consolidated Press Holdings had withdrawn from the Tourang consortium and the Tribunal closed the inquiry into Tourang's bid for Fairfax. A full account of this inquiry is contained in Report No. IO /91 /78.

Ten Network The sale of the Ten television network involved two stages. The first stage was the transfer of the 1EN (Sydney), ATV (Melbourne) and TVQ (Brisbane) licences to new shelf companies. The second stage, which was subject to the Tribunal approving the licence transfers, involved the sale of the new licensee companies to Television & Telecasters Ltd, a wholly owned subsidiary of Westpac Banking Corporation. The total sale price was $240 million. The Tribunal approved the three licence transfers on 27 September 1991. Full details of its findings and reasons are contained in Tribunal Report Nos. 10/91/51-3. Concurrent with its inquiries into the b·ansfer of the 1EN, ATV and TVQ licences, the Tribunal also held an inquiry into the acquisition of prescribed interests in these licences by Television & Telecasters Ltd, a wholly owned subsidiary of Westpac Banking Corporation. These interests were acquired by means of a share transaction. This inquiry was commenced on 16 August 1991. Submissions from creditors and the court appointed liquidator maintained that Westpac was not as fit and proper person to control a licence and that the Tribunal should therefore decline to approve the transaction. The submission alleged that the receivers had selectively paid certain unsecured creditors' debts incurred by the 1EN licensee between 13 June and 14 September 1990, notwithstanding earlier claims that no such debts would be paid. They further alleged that statements made by a senior Westpac executive at a Tribunal renewal hearing on 13 June 1990 were misleading to the Tribunal and unsecured creditors. After considering the legal framework of the Broadcasting Act within which the applications were required to be assessed, the submissions put to the Tribunal regarding the legal responsibilities of receivers and secured creditors, and the evidence adduced in support of the

43 submissions, the Tribunal concluded on 14 February 1992 that no evidence existed to support the proposition that the applications should be rejected on the grounds of fitness and propriety. Full details of this decision are found in the Tribunal's Report No. I0/91/54. This decision was subsequently appealed against by the liquidator on 12 March 1992. Proceedings were commenced under the Administrative Decisions Judicial Review Act 1977. The matter was subsequently heard by the Federal Court on 2 July 1992.

Seven Network

The Seven television network had been under the control of receivers since 21November1989. On 22 March 1991 the receivers announced that, in conjunction with the network's bankers, they had decided not to accept any of the offers for the sale of the network. Instead the network would be sold to Television Holdings Ltd, a company owned 30 per cent by the banks, 60 per cent by network directors and 10 per cent by the network's staff super fund. This sale was subject to approval from the Victorian Supreme Court. Approval from the Court was granted on 19 July 1991 and the sale, financed by $493 million in long term credit facilities and $472 million in CRUSTS (Contingent Residual Undated Subordinated Tranches), was completed on 2August1991.

Applications seeking Tribunal approval for the share transaction were lodged with the Tribunal on 30 August 1991 and an inquiry was commenced on 3 September 1991.

After consideration of the various agreements detailing the relations between the Seven network and its bankers, the Tribunal was satisfied that the agreements constituted loan agreements governed by s. 89KB of the Broadcasting Act (which exempts loan agreements from the legislation's ownership and control provisions. The Tribunal approved the acquisition on 12June1992. Issues such as control by foreign banks or cross media interests held by banks, which had been raised by parties to the inquiry, were therefore not considered relevant. Full details can be found in Tribunal Report No. IO / 91 /55.

Joined Inquiry Concerning ENT Ltd and Edmund Alexander Rouse

An account of the initial stages of this inquiry are found in the Tribunal's Annual Report 1990-91, (pp. 39-40).

As reported, the Tribunal agreed to a request from the Royal Commissioner, the Honourable Mr Justice Carter QC, that it would defer consideration of any matters which may overlap with the terms of reference of the Tasmanian Royal Commission Into an Attempt to Bribe a Member of the House of Assembly; and Other Matters.

44 The Royal Commissioner submitted his report to the Governor of Tasmania on 30 October 1991.

On 20 December 1991, the managing director of ENT, Mr David McQuestin, pleaded guilty to a charge under the Companies Code of failing to exercise a reasonable degree of care and diligence as a company director.

At the hearing in the Launceston Magistrates' Court on 14May1992, Mr McQuestin entered a plea of mitigation. The Tribunal is following the progress of the case, and will resume its own investigations at an appropriate time.

BDN Darwin (several inquiries)

Following the Tribunal's decision in November 1989 to grant a commercial licence in Darwin, the successful applicant, Northern Territory FM Ltd ('N1FM'), acquired the licence for Darwin's existing AM service (8DN) by purchasing the licensee company. Consequently, the issuing of the new licence to NTFM on 28 June 1991 caused an immediate breach of the 'one station to a market' provisions of the Broadcasting Act.

The Tribunal's inquiry into the acquisition of 8DN by NTFM concluded in October 1991 with the Tribunal finding that it was unable to approve the acquisition due to the contravention. (See Report No. 10/90/136.)

In an effort to remedy the contravention, the 8DN licensee (Territory Broadcasting Pty Ltd) lodged an application for the proposed transfer of the 8DN licence. The Tribunal commenced an inquiry into this proposed transfer on 1 July 1991. At the conclusion of this inquiry in October 1991, the Tribunal found that the terms of the proposed transfer meant that NTFM would continue to be in a position to control the company to which the licence was to be transferred. The Tribunal concluded that it was advisable in the public interest to refuse consent to the transfer.

Details of the Tribunal's decision can be found in Report No. 10/91/37.

On 18 December 1991, the Tribunal began an inquiry into whether it should exercise its power to apply to the Federal Court to make orders to prevent the continuation of the contravention. This inquiry resulted from the Tribunal's view that there had been a lack of progress by NTFM in remedying the contravention.

Following a hearing on 14 January 1992, a timetable for the sale by NTFM of its interests in 8DN was determined. On 12 February 1992, the 8DN licensee requested that the Tribunal accept the surrender of the 8DN licence following the breakdown of sale negotiations with the prospective purchaser.

45 The Tribunal accepted the surrender of the 8DN licence on 14 February with effect from 15 February. The surrender of the licence brought NfFM's ownership contravention to an end. Accordingly the Tribunal terminated its inquiry.

A full account of this inquiry can be found in Report No. IO /91/87.

Acquisition of Interests in Nine Network Australia Pty Ltd As reported the Tribunal's Annual Rqxnt 1990-91 (pp.40-41), the Tribunal received applications from companies associated with Consolidated Press Holdings Ltd and from Manchar Holdings Ltd for approval of transactions involving Bond Media Ltd, later to become the Nine Network Australia Pty Ltd.

On 8July1991 the Tribunal approved the respective applications. For further details see Inquiry File No. IO / 91 /2.

Northern Star Holdings In 1989 the Tribunal commenced an inquiry into the gaining of operational control of Northern Star Holdings Ltd, the ultimate owner of the Ten television network by Mr Steve Cosser. Mr Cosser had purchased a 19.7 per cent share of the company from Mr Frank Lowy' s Westfield Group for $30 million, with payment deferred for five years on interest free terms. After a period of some financial difficulty, receivers and managers were appointed to Northern Star and its television licensee companies (TEN Sydney, ATV Melbourne and TVQ Brisbane) in September 1990. The Tribunal's principal concerns in this inquiry were a possible breach of the 60 per cent audience reach rule and foreign control of the network. The Tribunal investigated these matters to its satisfaction and, on 15 August 1991, approved the transactions by Mr Cosser and associated persons.

A full account of this inquiry is contained in Report No. IO /89 /189.

Concept Service Mart (Qld) Pty Ltd, 4VL Charleville

On 30 October 1991, the Tribunal accepted an application from Mr Lee Sims for approval to acquire a prescribed interest in a commercial broadcasting service. Mr Sims had purchased 51 per cent (510 shares) of the issued capital of Concept Service Mart Qld Pty Ltd ('CSM'), licensee of commercial radio service 4VL Charleville. The transaction was completed on 16 August 1991.

46 At a conference held on 18 February 1992, the Tribunal issued a preliminary view that the applicant did not have the necessary financial capability to provide a service.

On 24 February 1992, the applicant notified the Tribunal that as of 4.30 p.m. that day 4VL would cease broadcasting because of financial reasons. On the same day the Tribunal released its decision not to approve the application.

Receivers have been appointed and are trying to sell the company.

Further information is contained in the report of the share transaction, Report No. I0/92/1.

Divestiture Inquiry - Nine Network I RTQ and TNQ Regional Queensland

In May 1991, the Tribunal commenced an inquiry into whether Nine Network Australia Ltd was in a position to exercise control of two commercial television services (TNQ and RTQ) in the same market (Approved Market A-Regional Queensland). This inquiry was initiated by the Tribunal as a result of the Nine Network holding both a prescribed shareholding interest (21 per cent) in TNQ and a program supply agreement with RTQ. A shareholding interest in excess of 15 per cent is deemed by the Act to be a controlling interest. The Tribunal was of the opinion that the program supply agreement with R1Q placed Nine Network in a position to exercise control of R1Q in terms of RTQ's programming decisions.

This inquiry was terminated on 23June1992, following Nine Network's sale of its shareholding interests in TNQ. On 17 October 1991, Nine Network had given the Tribunal an undertaking to reduce its shareholding in TNQ within six months. It was the giving of this undertaking thatp!rsuaded the Tribunal to renew the RTQ licence.

Austereo Unfinished The acquisition by Austereo of 4BBB Brisbane, 2DAY Sydney and 6GL Inquiries Perth. The inquiry commenced on 23 November 1988. On 19 April 1991, the 6GL licensee company was sold to Grangeridge Nominees Pty Ltd, and Austereo ceased to hold a prescribed interest in it; the service then reverted to its former callsign 6IX. (File I0/88/102)

Beach Media Pty Ltd

The acquisition by Beach Media Pty Ltd of 100 per cent of the issued shares in Broadcasting Station 4IP Pty Ltd (formerly Radio Ten Pty

47 Ltd), licensee of commercial radio service 4IP Brisbane. On 29 January 1991 the licence was placed in receivership.

Appoinbnent of Receivers to 4IP Pty Ltd and Beach Media Pty Ltd

On 29 January 1991, Messrs IS Cotton and R J Duff were appointed receivers and Managers of Broadcasting Station 4IP Pty Ltd, licensee of commercial radio service 4IP Brisbane. On 13 June 1991, the receivers entered into a Share Sale Agreement with the Totalisator Board of Queensland ('the TAB') for the purchase of all the issued capital of the licensee.

Broadcasting Station 4IP Pty Ltd /The Totalisator Board of Queensland

On 13 June 1991, the Totalisator Board of Queensland acquired all the issued capital of Broadcasting Station 4IP Pty Ltd, licensee of commercial radio service 4IP Brisbane. The Minister for Transport and Communications has since approved a change in the call sign of the service to 4TAB. The Tribunal accepted an application from the Totalisator Board of Queensland on 24 July 1991. The inquiry was commenced on 6 September 1991 and is still current.

ere, ADS, NEW The acquisition of prescribed interests in CTC Southern NSW, ADS Adelaide and NEW Perth by fully-owned subsidiaries of Capital Television Holdings Ltd, which is in tum owned by interests associated with Mr Charles Curran.

MTN Griffith

In February 1992, the Tribunal joined licence renewal and share transaction inquiries involving MTN Griffith. The main issue is whether breaches of the laws governing cross-media ownership and directorships have occurred as a result of the sale of all the shares in the licensee company of MTN.

The Uniting Church in Australia Property Trust (NSW) I Harbour Radio Ltd

The Tribunal has commenced an inquiry into the acquisition of an additional 11 420 000 shares of Harbour Radio Ltd by the Uniting

48 Church in Australia. The transactions took place on 10 March (7 420 001 shares), 16 March (2 999 999 shares) and 20 March 1992 (1 000 000 shares). The licence affected by the transactions is commercial radio service 2GB. An application in relation to the above transactions has been lodged, on a without prejudice basis, by the prescribed party to the transaction, The Uniting Church in Australia Property Trust (NSW).

The Tribunal brought to the attention of the Minister three circumstances where apparent contraventions of the ownership and control provisions Contraventions of the Act amounted to an offence. Amounting To Offences 1. Bond Groups. 92JB(3) - regarding cross media limits - radio and newspaper. (6PM/The West Australian newspaper and 6KG/The Kalgoorlie Miner newspaper).

2. Graham Michael Collins s. 90J(4) - regarding failure to lodge an application for the acquisition of 49 per cent of Concept Service Mart (Qld) Ltd, licensee of commercial radio service, 4VL Charleville.

3. Northern Territory FM Ltd. s. 90C(2) - two services in the same market. (8DN /SHOT).

There were eight applications for the transfer of licences approved Licence Transfers during 1991-92.

Radio

Licence From To

3EE Melbourne Radio 3XY Pty Ltd AWA Media Pty Ltd (formerly 3XY)

3BA Y Geelong GLFMPtyLtd The Geelong Independent (Radio) Ltd

3GG W arragul Greater Gippsland Votraint No 691 Pty Ltd Radio Pty Ltd

3MAMildura Sunraysia Broadcasters Promote Pty Ltd Pty Ltd

Television

Licence From To

TEN Sydney United Telecasters Television and Sydney Ltd Telecasters (Sydney) PtyLtd

49 M1N Quoiba Ltd Lochfield Consultants Pty Murrumbidgee Ltd Irrigation Area

A1V Melbourne Austarama Television Television and PtyLtd Telecasters (Melbourne) PtyLtd

1VQ Brisbane Network Ten Qld Ltd Television and Telecasters (Brisbane) Pty Ltd

On 2October1991, the Tribunal decided not to grant approval for the transfer of the licence of 8DN Darwin from Darwin Broadcasters Pty Ltd to Darwin Broadcasting Pty Ltd.

The following licence transfer inquiry was still in progress as at 30 June Uncompleted 1992: Inquiries Licence From To

2GGO Gosford Wesgo Communications Actraint No 116 Pty Ltd PtyLtd

As at 30 June 1992, the following service was being operated (under Operation of s. 89A of the Act) by persons other than the licensee: Service by Other than Licensee Service Licensee Operator 3KKZ The Industrial KZFM Radio Pty Ltd Melbourne Printing and Publicity Co Ltd

These inquiries were made redundant by the commencement, on 8 July Registered Lender 1991, of provisions of the Broadcasting Amendment Act (No. 2) 1990, and Loan Interest which abolished both loan prescribed interests (s. lS(d)) and the Inquiries Registered Lenders scheme (s ..21).

50 CHAPTER6

PROGRAM AND ADVERTISING STANDARDS

51 52 The Tribunal's programming activities are directed towards the determination and maintenance of program standards and the assembling of information relating to broadcasting both to assist this process and to inform the community about broadcasting. The Research and Assessment Branch of the Programs Division monitors the compliance of licensees with the standards, investigates complaints against licensees, undertakes research and provides information about programming on radio and television in Australia. The Branch also assesses the programming performance of licensees during the licence period as part of the licence renewal process. The Tribunal assesses compliance of licensees with the program standards by a mixture of direct monitoring, review at the time of licence renewal and as a result of comment and complaint by the public. All licensees are required, as part of the conditions of their licence, to comply with the program standards.

Radio Program and The Radio Program Standards apply to the programs of both commercial Advertising and public stations. The Radio Advertising Conditions only apply to Standards advertisements broadcast by commercial radio stations.

The main areas covered by the standards and conditions are Australian content, amount of advertising and a prohibition on the incitement of hatred against, or gratuitous vilification of, a person on the basis of, amongst other things, race, gender, sexual preference or disability.

Public radio stations are also covered by the sponsorship provisions of the Broadcasting Act (s. 119AB). Advertisements are prohibited on public radio and a sponsorship announcement would ordinarily be considered to be an advertisement. However, public radio is permitted to broadcast sponsorship announcements of a type specified by the Act. Sponsorship announcements may acknowledge the support of the sponsor, provide a concise description of the general nature of the sponsor's business and their address. The announcement cannot promote the activities of the sponsor in any way.

Television

The main areas covered by the Television Program Standards are the Australian content of programs and advertisements, classification of the content of programs and advertisements according to the time of day at which they may be transmitted, the manner in which programs may be promoted, presentation of advertisements and the manner in which alcoholic drinks, films and videotapes, betting and gambling and products of a personal or intimate nature may be advertised.

53 In addition there are also standards governing children's television, Australian Content details of which are set out below.

Section 114(1) of the Act requires licensees to use, as far as possible, the services of Australians in the production and presentation of programs. Section 114(2) of the Act requires licensees of radio stations to broadcast the works of Australian composers for not less than five per cent of the time occupied by the broadcasting of music. In addition, s. 83 (1) requires licensees, at the time of the grant or renewal of a licence, to give a written undertaking to 'encourage the provision of programs wholly or substantially produced in Australia; and use, and encourage the use of, Australian creative resources in connection with the provision of programs'.

Australian Content on Radio The Australian content requirements for radio are contained in Radio Program Standard (RPS) 4 and s. 114(2) of the Act.

RPS4 was introduced in July 1988 following the Tribunal's inquiry into Australian Music on Radio. It requires that 20 per cent of all music broadcast between 6.00 a.m. and midnight be performed by Australians. Section 114(2) requires that five per cent of all music broadcast be Australian compositions.

Australian Content on Television

From 1 January 1990, licensees had to comply with a new standard for Australian content on television. The objective of the Tribunal in determining the new standard was to encourage programs which are identifiably Australian; recognise the diversity of cultural backgrounds represented in the Australian community; are developed for an Australian audience and which are produced under Australian creative control.

The new standard has two elements; a transmission quota for the overall level of Australian content and a quota for first run drama/ diversity and children's drama programs.

The standard sets a transmission quota target of SO per cent Australian content between 6.00 a.m. and midnight to be achieved by 1993. This quota level was set at 35 per cent for 1990, and increases by five per cent each calendar year until 1993. The transmission quota may be made up of both first run and repeat programming.

There are quotas for drama, children's drama and diversity programs. The diversity program categories are social documentary, arts, science, news and current affairs specials and new concepts.

54 The drama/diversity and children's drama quotas are measured by a formula based scoring system. This system is intended to provide licensees with flexibility in complying with the standard. Individual program scores are calculated by multiplying an 'Australian factor' by a 'quality factor' by the number of hours transmitted.

The Australian factor is determined by the amount of Australian involvement in the creative control of the program.

The quality factor is based on an average purchase price per hour for the various drama formats, and on the notional costs and programming risks in the case of diversity programs.

The drama/ diversity score is set at 4215 points for the three years commencing 1 January 1990. There are minimum scores to be achieved annually and over each three year period. The minimum annual drama score is 750 points, with a three year minimum of 2550 points. The minimum annual score for C drama is 170 points, but in 1990 a minimum score of 125 points applied. C drama points in excess of the minimum may count towards the licensees' Australian drama score.

The flexibility in the scoring system is designed to take into account the possible failure of individual programs.

All licensees met, and in many cases exceeded, the minimum scores required in each category. Therefore no licensee failed to comply with Compliance with the standard. Australian Content Television Regional licensees, particularly those in solus markets and without Standard network affiliation, generally met the standard with a greater degree of ease than metropolitan licensees. licensees in solus markets have available to them the programming output of all three networks and, therefore, are able to schedule more programs that qualify for points scores.

Background to the Standards Children's It is the Tribunal's view that children are entitled to a choice of quality Television programs which take into account their special interests and experiences Standards and are made from their point of view. Children should also have the opportunity to view contemporary Australian programs made especially for them.

The regulation of children's programming in Australia has arisen as a response to a lack of quality age-specific television programs for children and out of concern to protect their interests. Certain commitments to screen children's programming were imposed on television licensees by the Tribunal following its Self Regulation Inquiry in 1977.

55 The C classification, C time (4.00 p.m. to 5.00 p.m. Monday to Friday) and the Children's Program Committee (CPC) were established as initiatives to improve the quality and increase the quantity of children's programs, and led to the regulatory framework of the children's and preschool Children's Television Standards (CfS/P'IS) introduced in 1984.

The 1984 standards were introduced after extensive public consultation and following advice from the Tribunal's Children's Program Committee. The standards clarified and extended the rules introduced by the Tribunal in 1979 and set out criteria for C classification; ruled that each year 50 per cent of C programs should be first release Australian programs; limited the repetition of programs; limited advertising during C time; required a minimum of eight hours of new Australian children's drama to be broadcast each year and required a minimum of 30 minutes of preschool programs be broadcast each weekday.

At the time the standards were introduced the Tribunal gave an assurance that they would be reviewed after two years. The Tribunal began this review in February 1987 and completed it in November 1989, with new Children's Television Standards (CfS) taking effect from 1January1990.

The new Children's Television Standards rationalised the criteria for C and P classification; increased the requirement for new Australian children's drama to be broadcast each year from a minimum of 8 to 12 hours per year in 1990 and then 16 hours per year thereafter; and ruled that P programs must be classified prior to broadcast. The implementation date for this last requirement was delayed on three occasions at the request of licensees to enable them to develop preschool programs to the new higher standards. The eventual start date for compliance with the P classification was 1January1992. The Tribunal launched the report of the inquiry, Kidz TV, in Children's Week, October 1991.

Administration of the Standards

Prior to March 1992, the assessment of programs for C or P classification under the Children's Television Standards was the task of the Tribunal's Children's Program Committee (CPC).

The CPC was established in 1978 after the Tribunal's 1977Self Regulation Inquiry into television revealed deep concern about the television available to children.

CPC membership was drawn from the general public, and the production, television and advertising industries. Members had expertise of value to children's television.

The committee met monthly and made recommendations to the Tribunal on whether programs submitted qualified for C or P classification. It

56 also met with applicants and provided information on children's television to the public and advice to the Tribunal on children's program standards.

In June 1991 the Tribunal reviewed the operation of the committee and made a number of detenninations intended to streamline the assessment and classification process. The resulting changes included an increase in resources for the Children's Program Committee, an expansion of the committee's consultative role and annual nominations for two committee positions to be made by the Federation of Australian Commercial Television Stations (FACTS).

The Tribunal continued to monitor the operation of the committee based assessment system over the succeeding months. However, continuing difficulties and delays in the system lead to a further review in March this year where it was decided to disband the committee and move to internal assessment procedures.

Interim procedures were set up to ensure the continued processing of applications for C and P classification and a scheme to accredit producers of children's programs was proposed.

The accreditation scheme envisaged that producers with a sound record of producing high quality children's television programs could be accredited by the Tribunal, such that they could pre-sell their work to television licensees without further Tribunal involvement.

Draft accreditation guidelines were published for comment, but the proposal was not supported by interested industry and community groups. The Tribunal decided not to proceed with the proposal. The new procedures are based on assessment of programs by Tribunal staff, with recourse to specialist consultants for advice on an 'as needed' basis. This means that most programs can be dealt with promptly under simplified procedures, rather than having every application processed under a committee system tied to a monthly meeting schedule. The new procedures have simplified and streamlined the assessment and classification process.

In making these changes the Tribunal publicly acknowledges its appreciation for the dedication and work of the committee. The Tribunal maintains access to the expertise of former committee members by including them on its register of specialist consultants.

Applications processed

In the period 1July1991to30 June 1992, the Tribunal considered 142 applications for classification, and decided that

57 3 be classified P 8 be classified Provisional C 26 be classified C 58 be classified C Australian Drama 45 be refused classification (including 2 applications for renewal of classification) 140 Total

(2 were withdrawn by the applicants)

A list of programs classified P, C or C Australian Drama in this period appears in Appendix G. As at March 1992, the members of the Children's Program Committee were: Ms Clare Petre (Chairperson), Co-ordinator of Redfern Legal Centre's Intellectual Disability Rights Service, a former television journalist, and current member of the Administrative Review Council, and the NSW Medical Tribunal.

Ms Klari Kadar (Vice-Chairperson), Director, Direct Alternatives Pty Ltd, formerly General Manager, J Walter Thompson Advertising.

Mr Pablo Albers, Independent producer, formerly Head of the Full Time Program, Australian Film, Television and Radio School. Dr Patricia Gillard, researcher and lecturer in Communications, Canberra University. Ms Wendy Schiller, researcher and lecturer in early childhood studies, at the Institute of F.arly Childhood, Macquarie University.

Mr Wayne Hampton, Program Manager of NBN Television, Newcastle (FACTS nominee).

Mr Hal Croxon, Director of Production for B1Q7, Brisbane (FACTS nominee).

The report of the Children's Program Committee for the period 1 June 1991to20 March 1992 is included at Appendix F.

All licensees met, and in all cases exceeded, the transmission quota Compliance with target for 1991 of 40 per cent. In 1991 the average level of Australian Children's content between 6.00 am and midnight was 54 per cent. Standards The Children's Television Standards require licensees to transmit each year a minimum of 260 hours of C programs and 130 hours of P programs. C and P programs are those which have been classified by the Tribunal as conforming to the criteria set out in the standard.

58 Programs are classified prior to transmission. This is the only area in which licensees are required to submit programs to the Tribunal for classification prior to transmission. C and P programs do not have to be Australian. This requirement is separate from the requirement to transmit C classified Australian drama. To meet the minimum hours requirement, C and P programs must be transmitted according to a schedule of C and P times submitted to the Tribunal by the licensee. Licensees may vary this schedule for a major sporting event or event of national importance but must notify the Tribunal if they plan to do so.

Licensees must also transmit only C or P programs in the notified time slots. The standard allows for the unforeseen overrun of a major sporting event or event of national importance into a C or P period not to count as a failure to transmit. All licensees complied with the minimum transmission requirement of the standard.

The Tribunal receives comments and complaints from the public as part of its responsibilities for program standards. All such Comments and representations, whether written or via the phone, are considered and Complaints investigated where necessary. A response is provided, if requested.

In its investigation of complaints, the Tribunal follows the procedures set down in its Practice Note PRN 06, entitled 'Investigations and Determinations of Breaches of the Program Standards and Licence Conditions'.

The Tribunal received a total of 7407 comments or complaints during 1991-92 compared with 3374 in 1990-91, representing an increase of almost 120 per cent

Although the vast majority of comments and complaints did not involve breaches of the standards or licence conditions, the Tribunal recognises that the views expressed by the complainants are sincerely held.

All complaints received during the year were recorded in a complaints database which provides the Tribunal with a cross-reference from each complaint to a standard and, where relevant, the licensee and the programs. The database also contains categories to cover programming matters for which no standard exists, but about which the Tribunal receives complaints. This assists the Tribunal in identifying areas in which its standards may be deficient in meeting the public interest. Copies of the monthly reports the Tribunal receives from the Programs Division, about the complaints finalised and processed during each month, are publicly available for examination at the Tribunal Head Office library at North Sydney and at State offices.

59 The tables in Appendix E provide a summary of the nature and number of complaints and comments received during 1991-92 concerning differing aspects of television and radio programs or advertising. Provided stations comply with the provisions of the standards and the Act, the Tribunal does not normally intervene in the day to day programming arrangements of the stations. However, in the course of licence renewal inquiries, the Tribunal assesses how each licensee has fulfilled its undertaking to provide an adequate and comprehensive service.

The Tribunal has no jurisdiction over the programs of the Australian Broadcasting Corporation (ABC) or the Special Broadcasting Service (SBS). However, complaints and comments received about programs of the ABC and SBS are referred to the respective stations, each of which is an autonomous statutory authority responsible for its own programming standards.

The Tribunal now administers new provisions concerning political Broadcasting of broadcasting. The Political Broadcasts and Political Disclosures Act 1991 Political Matter prohibits the broadcasting of political advertisements in the period leading up to federal, state, territory and local government general elections and by-elections for all levels of government except local government. The only exceptions to this prohibition are certain types of government advertising that is not of a political nature.

The Act also provides for the allocation of free time to parties and candidates in federal, state and territory elections so that they may make political broadcasts during the election period. The Tribunal calculates the time available and allocates it to eligible parties and candidates according to procedures laid out in the Act and Regulations.

The prohibition on political advertisements affected the 1991 Tasmanian State election, the Australian Capital Territory election and state by­ elections in the New South Wales seats of The Entrance and Davidson, the South Australian seats of Kavel and Alexandra, and the Federal seat of Wills. Local government general elections in Tasmania, Western Australia and the Northern Territory were affected. Until the Act was amended to omit local government by-elections, these also were affected.

The Tribunal distributed free time to parties and candidates in the Tasmanian and Australian Capital Territory general elections according to the formulae set out in the relevant regulations. As required by the Act, the Tribunal published in the Gazette a list for each election of the parties and candidates granted free time.

The Tribunal is also required to act immediately on any complaint that the ban on political advertisements is not being complied with. In the Australian Capital Territory election the Tribunal received two complaints and found one advertisement to be political. The Tribunal also received complaints about political advertisements in the Tasmanian

60 election and the Wills by-election, but found none of the advertisements complained of to be political. Before the passage of the new legislation at the end of 1991, the Tribunal applied the provisions of s. 116 of the Broadcasting Act to by-elections in Western Australia, Victoria and the Northern Territory. Under this section, licensees broadcasting to those parts of Australia involved in the elections must refrain from broadcasting election advertisements from midnight on the Wednesday preceding the polling day until the close of the polls on polling day.

The Research Section of the Tribunal conducts and assesses research which is used to support the functions of the Tribunal: licensing; Research standards development and publishing of information on broadcasting in Australia.

A major part of the research activity for this year was the continuation of the Tribunal's attitudinal research program. This program provides ongoing research into a range of community attitudes on issues related to broadcasting. In 1991-92 the Tribunal continued the attitudinal research program with two national telephone surveys. The first of these national surveys was conducted in November 1991. The survey addressed the Australian community's television programming needs and interests and covered a range of issues including satisfaction with the quality of television programs, satisfaction with the diversity of program choice and interest in pay television. The research was conducted for the Tribunal by Quadrant Research at a cost of $38 250.

As part of the attitudinal research program, a two stage research project was commissioned into attitudes to Australian content on television and knowledge and expectations of new audio visual services. The research also investigated how Australian families use television to provide a basis for interpreting and using the attitudinal information. The Tribunal commissioned Australian National Opinion Polls (ANOP) to conduct the research and the total cost of the two stage program was $45 000. Research into attitudes to the classification of television, video and film programming was jointly funded by the Tribunal and the Office of Film and Literature Classification. The research provided important background information for the Tribunal's inquiry reviewing the television program classification system. The research was conducted by Frank Small & Associates. The research comprised of a qualitative and quantitative stage at a total cost to the Tribunal of $57 048.

A research study on community attitudes towards the representation of ethnic minorities on television was conducted in collaboration with the British Broadcasting Standards Council (BSC). This research aims to supply information on how minorities are represented and the attitudes

61 of the community to those representations. The collaboration with the BSC will allow for international comparisons, including the image of Australia that is projected overseas through our television programs. The first stage of the research has been completed. The research was conducted for the Tribunal by Australian Market Research at a cost of $.38 000.

The Tribunal has packaged the major research findings of its attitudinal research program in a series of research monographs. These monographs have been prepared by Tribunal staff and are based on the results of the survey research supplemented by data drawn from other relevant sources. The monographs provide a useful means of distributing the information to interested members of the broadcasting industry, politicians, students and academics and members of the public. The monographs published so far are: Community Views on Broadcasting Regulation; Sex, Violence & Offensive Language: Community Views on Classification of TV Programs; Who Complains?; What We Want from Our TVs. (July 1992)

The Tribunal subscribes to the audience ratings data supplied to the broadcasting industry by AC Nielsen and AGB. The data is used to assess audience trends and supply information to support the functions of the Tribunal.

62 CHAPTER7

PROGRAMS - PUBLIC INQUIRIES

63 64 Before exercising a substantive power the Tribunal must hold a public inquiry. Since the power to determine program standards is defined as Public Inquiries a substantive power, any determination of program standards, whether undertaken at the Tribunal's initiative or at the request of another, must be preceded by an inquiry.

During 1991-92 the Tribunal conducted 14 public standards inquiries. Five of these concerned program standards and nine were into the exercise of another of the Tribunal's substantive powers. Seven of the inquiries were initiated by the Tribunal itself, one was directed by the Minister, and the remaining six were as a result of requests. Of the inquiries conducted by the Tribunal, nine were continued from 1990- 91.

One of these inquiries, dating from 1989-90, was into the exercise of Tribunal powers under the Act in relation to comments by Mr John Laws broadcast on 2GB Sydney in 1987. No action was taken on this inquiry in 1989-90 as a result of legal action. However this was resolved in June 1990 and the Tribunal commenced a new inquiry in August 1990 to reconsider the matter.

The inquiry directed by the Minister was concerned with film and television co-productions and commenced in March 1991.

Of the five new inquiries commenced this year, two were concerned with reviewing the Tribunal's program standards, while the remaining three were concerned with amendments to existing standards.

Of the six requested inquiries which commenced or continued during 1991-92, one arose from applications to vary the test market provision of foreign advertisements another arose from an application to investigate whether the program 'Teenage Mutant Ninja Turtles' was in fact an advertisement and a third arose from an application about the right of reply.

A fourth was for an inquiry regarding the requirements for religious broadcasts, a fifth considered the amount of first release television documentaries and the sixth requested radio program standards for sponsorship announcements. Of the 14 inquiries, 12 had been completed as at 30June1992, while two were still in progress.

Inquiry Into The Classification Of Program Material On Television (IP/91/46) Oassification of Television In August 1991, the Tribunal started an inquiry into the current television Programs program standards and television advertising conditions relating to classification. Together, these:

• set out the criteria for the classification of program and advertising material broadcast on commercial television;

65 • set out the times at which the various categories of programs can be broadcast; and

• place restrictions on the advertising of certain products or services, such as 'products of a personal or intimate nature', betting and gambling, and alcohol.

The current program classification standards are interim standards introduced by the Tribunal in 1986, following a review of the standards which had been in effect since Australian television began in 1956. The interim standards were introduced after a considerable period of debate about the classification of programs and legal challenges to the Tribunal's power to set standards. The Tribunal announced at that time that it intended to conduct a public review of the television program standards; this inquiry is part of that review. Television Program Standards (TI'S) 3 to 13 and 21 and Television Adve1·tising Conditions 6, 8 and 9 are being considered in the inquiry.

The inquiry is being conducted in two stages. The first stage of the inquiry will evaluate the current standards. The second stage will consider whether there should be any changes to the existing standards, or whether new standards should be formulated and what form the changes or new standards should take.

The issues to be considered during the first stage of the inquiry are:

1. whether the criteria which are used to classify programs (including advertisements) as G, PGR, AO and not suitable for television, and which cover the representation of such things as violence, sex, nudity, use of offensive language and drugs, are in tune with current community attitudes;

2. whether the times of day at which programs (including advertisements) classified as G, PGR and AO may currently be shown on television are suitable and in line with current community expectations;

3. how individual television stations apply the current criteria when they classify and schedule programs (and advertisements), and the degree of uniformity between stations in the way that they apply the criteria;

4. whether the classification symbols G, PGR and AO provide enough information for viewers about the content of television programs and whether the current method and frequency of broadcasting classification symbols is adequate;

5. whether current community attitudes are reflected in the specific restrictions on the times television advertisements can be shown for cinema films and home videos, alcohol, betting and gambling and personal products (such as tampons and condoms); or the times clips can be shown from cinema release films being reviewed or discussed on television;

66 6. any other matter Is arising from submissions which may be relevant to the first stage of the inquiry.

In November 1991, the Tribunal called for submissions on these issues and by June 1992 had received approximately 500 written submissions and letters. As a part of this inquiry, the Tribunal, in conjunction with the Office of Film and Literature Classification, has commissioned research into community attitudes to a range of questions arising from the issues of the inquiry. The findings of this research will be a part of the material that the Tribunal considers in the inquiry.

In June 1992, the Tribunal released a discussion paper which reported on the material gathered to that stage of the inquiry. The aim of the paper was to provide a focus for the discussion of issues of the inquiry at public conferences to be held around Australia in July 1992.

Television Program Standard (TPS) 12 - Promotions for Programs (IP/91/47)

Also in August 1991, as a result of community concern about sex and nudity in early evening program promotions, the Tribunal began an inquiry into TPS 12, the standard which covers the promotion of programs on television.

In May 1992, the Tribunal decided to terminate the separate inquiry into TPS 12 and to consider the issue of program promotions within the classification inquiry because of the overlap that was found to exist between submissions to the two inquiries. The 65 submissions, and other relevant documents, received for the TPS 12 inquiry are now being examined in the classification inquiry.

Foreign Content In Television Advertisements (IP/86/11) Foreign Content In This inquiry was part of the Australian Content on Commercial Television Television Inquiry which determined Television Program Standard Advertisements (TPS) 14 in November 1989.

That part of the Australian content inquiry dealing with advertisements was suspended in August 1989. The Tribunal decided to resume the inquiry in December 1989. Additional submissions and information were received up until March 1990 and a three day conference was held in June 1990. Further written comment was received during the course of the inquiry. Regulatory proposals were received from the Commercial Film Production Association (CFP A), Australian Association of National Advertisers (AANA) and the production industry (a joint submission from a number of industry bodies).

67 A preliminary view paper was released in December 1990 and contained the Tribunal's regulatory objectives for Australian content in advertisements. A conference was held on 27 February 1991.

The Tribunal released a detailed proposal and draft standard on 5 June 1991 and invited written comment. A further conference was held on 26 July 1991 to discuss the draft standard.

Following consideration of discussion at the conference and written comment received prior to and after the conference, the Tribunal released a second draft standard for comment on 2September1991.

The new standard was determined on 19 November 1991 and came into effect on 1January1992.

The standard (TPS 23) maintains the 'Australian look' of television commercials while providing flexibility for advertisers and the advertising industry. The standard requires that at least 80 per cent of advertising time broadcast in a year by each television station between the hours of 6.00 a.m. and midnight is occupied by Australian produced advertisements.

Australian produced advertisements are ones which are made in Australia or New Zealand or ones in which Australians or New Zealanders exercise creative and administrative control over pre­ production, filming and post-production. The test for creative and administrative direction defines an advertisement as Australian produced when it meets six out of 10 criteria which include elements such as the director, producer, cast, music and animation.

Advertisements for imported films, videos and recordings, performances by overseas entertainers and community organisations with a charitable, public health or educational purpose are exempt from the standard.

Under 'grandfathering' provisions, advertisements which complied with the previous standards (TPS 18, 19 and 20), which were repealed on 1 January 1992, are considered to be Australian produced advertisements.

Advertising Time On Television (IP/89/182) Advertising Time On Television In October 1989, the Tribunal commenced its inquiry to review advertising time on television. This followed a two year trial period of deregulation.

In the course of this inquiry the Tribunal has released a series of information papers which outlined the results of attitudinal and empirical research, as well as summarising arguments raised in submissions to the inquiry (both oral and written), and the television licensees' own commercial placement guidelines.

68 In its preliminary view paper, released August 1990, the Tribunal found that, while the trial had not failed when measured against the established criteria, four areas of concern remained. These were: experimentation with the placement of non-program matter within programs; the complaints process; the amount of advertising and program promotions; and the need to maintain the artistic integrity of programs. In December 1990, the Tribunal released a proposal paper recommending adoption of a self-regulatory code which would apply across all stations and be readily understood. by the average viewer. The proposal targeted the amount of non-program matter (advertisements and program promotions) as well as the number of items in program interruptions.

The Tribunal's proposal was discussed at a public conference held in Sydney in February 1991. Following consideration of points raised by submitters at this conference, the Tribunal came to the view that the public interest would best be served by the reintroduction of a regulation limiting the amount of non-program matter per hour.

A draft television program standard was released for comment in July 1991.

New issues for the inquiry were published in September 1991 widening the terms of reference, and inviting specific comment on the introduction of a program standard limiting the amount of non-program matter on television.

A second draft standard was released for comment in December 1991. Conferences were also held in February 1992 with the Seven and Nine networks (with written contribution from the Ten network).

The Tribunal released its final report for this inquiry on 24 February 1992. Television Program Standard (TPS) 25 came into effect on 1 March 1992. Until 31August1992, licensees will be able to schedule up to 14 minutes of non-program matter per hour in prime time (6.00 p.m. - 10.30 p.m.), with a maximum of 15 minutes in any hour. From 1 September 1992, these limits will be reduced to a limit of 13 minutes of non-program matter per hour in prime time with a maximum of 15 minutes in any hour.

At other times of the day licensees may schedule up to 15 minutes of non-program matter per hour, with a maximum of 16 minutes in any hour.

In March 1992, the Seven network and TCN Channel Nine Pty Ltd lodged applications for judicial review of the Tribunal's decision to create a television program standard limiting the amount of non­ program matter per hour. A full discussion of the progress of this litigation will be found in Chapter 10 of this Annual Report.

69 Film And Television Co-productions (IP/91/16) Film And Television Co­ In March 1991, the Minister for Transport and Communications directed productions the Tribunal to hold an inquiry into matters relating to official film and television co-production.

The terms of reference for this inquiry, as set out by the Minister, were:

1. Constraints existing in arrangements for the regulation of commercial television services which may be currently or potentially affecting benefits to the Australian film and television production industry, and to television services, flowing from:

productions made under official film co-production treaties;

foreign productions made in Australia with Australian participation.

In examining this matter, the Australian Broadcasting Tribunal is to assess the effect of arrangements for the regulation of commercial television services in relation to:

(a) access for Australian producers to foreign equity;

(b) access for official co-productions to Government provided assistance in other countries;

(c) interaction of Australian technical and creative production personnel with foreign expertise; and

(d) price and diversity of programming available to Australian television services.

2. The appropriate means to balance the need to encourage an Australian complexion for television programming in Australia with the Government's objectives for the development of a competitive and viable Australian film and television production industry.

In carrying out this inquiry, the Australian Broadcasting Tribunal had regard to: (a) the Government's objectives for the development of more internationally competitive and expert oriented industries in Australia;

(b) Australia's obligations under international treaties;

(c) the importance of the Australian film and television production industry as a supplier of television programming in Australia and for the development of video and broadcasting services.

The inquiry took into consideration submissions and research commissioned by the Tribunal and, in its June report on paragraph 1 of the terms ofreference, found that while commercial television regulation is not a barrier to official co-productions, there was a perception in some sectors of the industry that barriers exist. The inquiry found a lack

70 of co-ordination in administrative arrangements between commonwealth agencies concerned with the film industry.

In November 1991, the Tribunal made its final report to the Minister in respect of paragraph 2. The Tribunal made the following recommendations:

1. That the Minister and the Minister for the Arts, Sport, the Environment, Tourism and Territories provide policy guidelines relating to the Government's objectives in developing the film industry, then direct the heads of relevant organisations to establish a regular process of consultation designed to further those objectives. The Tribunal understands this to encompass formal consultation between the relevant film industry bodies (the Australian Film Commission, Australian Film Finance Corporation, Australian Film Television and Radio School and DASEm and the Australian Broadcasting Tribunal.

2. That Ministers consider cross membership between the Australian Broadcasting Tribunal and film industry bodies.

3. That Ministers consider the provision of appropriate legislative objectives relating to development of the film industry in the proposed Broadcasting Services Bill.

Inquiry To Amend TPS 14 To Require Licensees To Broadcast A Specified Amount Of First Release Australian Documentary Programs Australian (IP/92/6) Documentary Programs On 17 September 1991 the Tribunal received a letter from the Screen Production Association of Australia (SPAA) recommending that the Tribunal 'establish a quota point system which requires each commercial network to broadcast an annual minimum of 40 hours of first run Australian independent documentary by 1994'.

On 5 December 1991 the Tribunal accepted SPAA's letter as an application for an inquiry to amend Television Program Standard (TPS) 14. The inquiry commenced on 17January1992.

The Tribunal decided that sufficient grounds existed under Regulation 8(1)(b) of the Australian Broadcasting Tribunal (Inquiries) Regulations 1986 for it to proceed to a decision without further action and terminate the inquiry. The issues considered in this in inquiry were:

1. Whether Television Program Standard (TPS) 14 should be amended to require licensees to broadcast a specified amount of Australian first release documentary programs;

2. If so, what form should such an amendment take and what amount of documentary programs should be required; 3. Such other matters as may be relevant to the inquiry.

71 In regard to the is.sues the Tribunal decided that Television Program Standard 14 should not be amended to require licensees to broadcast a specified amount of Australian first release documentary programs.

Inquiry Into Alleged Cigarette Advertising During The 1990 Cigarette Australian Grand Prix (IP/91/33) Advertising During The 1990 The background to this inquiry is contained in the Tribunal's Annual Report 1990-91(pp.78-80). Grand Prix Hearings for the inquiry took place on 14, 26, 27August1991 and 9, 11 September 1991 at the Tribunal's Sydney office.

After considering submissions and evidence provided at hearings, the Tribunal decided on 2October1991 that the telecast of the 1990 Australian Grand Prix, broadcast by TCN and television stations in the Nine network and some regional stations over the weekend of 3 and 4 November 1990, included matter which is prohibited bys. 100 (SA) of the Broadcasting Act. That is an advertisement for, or for the use of, cigarette tobacco or other tobacco products.

The Tribunal further found that the advertising matter broadcast was allowable under s. 100(10). Although it was not an accidental accompaniment to the broadcast it was an incidental accompaniment of other matter in circumstances which the licensees did not receive payment or other valuable consideration for broadcasting the advertising matter.

On 30October1991 ASH (Action on Smoking and Health) applied to the Federal Court for an order of review in relation to the decision made by the Tribunal.

On 20May1992 Justice Davies gave his decision that the Tribunal had made no error in law.

Inquiry Into Application To V aiy Television Program Standard (TPS) Test Market 19 (b) Re Test Market Provisions For Foreign Advertisements Provisions For (IP/91170) Foreign Television On 28 August 1991, George Patterson Pty Ltd, on behalf of their client Advertisements Proctor & Gamble Australia Pty Ltd, requested permission to commence their test market campaign with two foreign produced advertisements in the Queensland 'test market' from 1October1991. The request was accepted as a valid application for an inquiry and was commenced on 10 October 1991.

The issues for the inquiry were:

1. Whether Television Program Standard (TPS) 19 (b) (i) should be varied to allow a test market campaign in an area other than one in which only one commercial television station operates; and

72 2. Whether TPS 19 (b) (ii) should be varied to allow a period of more than four weeks;

3. If so, what form and manner any changes should take.

The information already submitted and considered within the Australian Content on Commercial Television Inquiry (IP /86/11) on the issue of foreign content in advertisements was relevant to the inquiry. Having regard to this information and the application, the Tribunal was satisfied that it was not necessary to make any further investigation into the matter and conducted the inquiry under Regulation 8 of the Australian Broadcasting Tribunal (Inquiries) Regulations 1986.

On 13 October 1991 the Tribunal decided that TPS 19 (b) would be varied to allow the broadcast of two foreign produced advertisements for the purpose of test marketing a new product in the Queensland state market for the period 1November1991 to 31 December 1991. _

The revised TPS 19 (b) read as follows:

19 (b) An overseas produced advertisement may be used in a test marketing campaign for a new product, provided that:

(i) The test market is confined to an area considered a 'state market';

(ii) The use of the imported advertisement is limited to no more than two months; and

(iii) At the conclusion of the test market campaign, the Tribunal is to be provided with a report containing details of Australian advertisements produced as a result of the campaign.

Radio Standards for Sponsorship Announcements (IP/89/90) Public Radio On 19 April 1989, the Tribunal received an application from Goulburn Sponsorship Community Radio Association Inc. requesting the Tribunal to hold an Announcements inquiry into the determination of a new radio program standard or standards to be observed by the holders of public radio licences. Such a standard would include community information material which announces or promotes the service provided under the licence, and sponsorship announcements pursuant to s. l 19AB(3) of the Broadcasting Act.

The application was accepted and an inquiry commenced in May 1989.

Due to resource constraints within the Tribunal the inquiry was deferred for an indefinite period.

The issues for the inquiry were as follows:

1. Whether the Tribunal should determine a radio program standard to be observed by the holders of public radio licences for:

73 (a) community information, pursuant to s. 119AB(3)(a) of the Broadcasting Act 1942 (the Act); and

(b) material which announces or promotes the service provided under the licence, pursuant to s. 119AB(3)(b) of theAct;and

(c) sponsorship announcements broadcast on public radio stations pursuant to s. 119AB(3)(c) of the Act.

2. If so, in what form and manner should any or all of the above standards be determined?

3. Such other matters relevant to the inquiry as the Tribunal sees fit.

On 14 November 1991 the Tribunal decided, having regard to the application and relevant investigations, to terminate the inquiry. This decision was made because action taken by the Tribunal outside the inquiry had obviated the need for the matter to be examined further.

Firstly, the Tribunal had issued a paper, Guide to Interpretation and Application of section 119AB of the Broadcasting Act, dated September 1990, which addressed the concerns outlined by the applicant.

Secondly, issues relevant to the application were addressed in the Tribunal's inquiry into the licence renewal of 4CRB Gold Coast public (community) radio service, discussed in Report No. IL/89 /79 released in June 1991. The application of s.119ABof the Actwasoneof theissues examined in the 4CRB renewal inquiry where it was found that the licensee had failed to comply with the sponsorship provisions of the Act.

Inquiry Into Whether The Program Teenage Mutant Ninja Turtles Is Teenage Mutant An Advertisement -TPS 22, TACs 2 and S(a) (IP/90/114) Ninja Turtles The background to this inquiry can be found in the Tribunal's Annual Report 1990-91(pp.84-85).

On 10 December 1991, the Tribunal found that the program 'Teenage Mutant Ninja Turtles' was not an advertisement within the meaning of the current standards. The program does not meet the definition of an advertisement in Television Advertising Condition (TAC) 1.

The definition of an advertisement in TAC 1 is:

matter which draws the attention to the public, or a segment thereof, to a product, service, person, organisation or line of conduct in a manner calculated to promote or oppose, directly or indirectly that product, service, person, organisation or line of conduct.

The dominant purpose of the program could not be seen to be product promotion. The program is not so interwoven with the Turtle products to the point that the program itself constitutes an advertisement.

74 In view of this finding it was not necessary to make further comment on issues 2, 3 and 4 of the inquiry.

Inquhy To Review Radio Program Standard (RPS) 3 And Television Program Standard (TPS) 2(b) (IP/91186) Anti­ Discrimination On 16 December 1991, the Tribunal commenced an inquiry to review Standards the application and effectiveness of Radio Program Standard (RPS) 3 and Television Program Standard (TPS) 2(b) which read as follows:

A licensee may not transmit a program which:

is likely to incite or perpetuate hatred against; or

gratuitously vilifies;

any person or group on the basis of ethnicity, nationality, race, gender, sexual preference, religion or physical or mental disability.

The issues for the inquiry are:

1. To decide whether RPS 3 and TPS 2(b) are effective; and if not,

2. Whether amendments to the above standards and/ or the determination of new standards is considered necessary; and if so, 3. What form any amendments and/or new standards should take; and 4. Any other matters relevant to this examination.

Two background papers to the inquiry were released and submissions called for. The first background paper was released in February 1992 setting out general background and gave details of the history of the application of the standards in relation to issues of ethnicity, nationality and race.

The second background paper was released in April 1992 and gave additional information relating to issues of gender, sexual preference, religion and physical or mental disability.

The closing date for submissions was 29 May 1992. The Tribunal received a total of 19 submissions which are currently being considered.

Inquhy To Determine Whether Programs Broadcast On 2GB By Mr John Laws On 11, 12, 13, 15, 18, 19, 20 And 23 March 1987 Failed To JohnLaws­ Comply With Radio Program Standard (RPS) 3 (IP/90/111) Comrnents About Aborigines This inquiry, relating to comments about Aborigines broadcast by Mr John Laws, was commenced by the Tribunal on 14 August 1990. This followed more than two and a half years of legal action arising from an

75 earlier inquiry into this matter. The background to this inquiry was reported in the Tribunal's Annual Report 199(H991 (pp.82-84) with details of the issues.

On 11July1991, after consideration of the transcripts and audio tapes of the programs in question and also the written submissions to the inquiry, the Tribunal decided (on issue one of the inquiry) that programs broadcast by Mr John Laws on 12, 18 and 20 March 1987 failed to comply with RPS 3 (b) in that four segments of the programs gratuitously vilified Aboriginal people on the basis of their race.

The decision and reasons relating to issue one of the inquiry are documented in Report No. IP /90/111 which was released on 11 July 1991. This report also includes transcripts of the segments found not to comply with RPS 3.

Following the release of the decision on issue one, the Tribunal sought comments from all parties to the inquiry regarding issues two and three, which related to whether the broadcasts complied with the conditions of the licence and whether any action should be taken by the Tribunal.

The change in circumstances since the time of the broadcasts was taken into consideration by the Tribunal in making a final decision in this inquiry. The licensee at the time of the broadcast, Macquarie Broadcasting Holdings Limited, was no longer the licensee of 2GB, and Mr Laws was no longer employed by the licensee of 2GB.

After consideration of all the submissions, the Tribunal decided, on 11 October 1991, that the licensee at the time of the broadcast, Macquarie Broadcast Holdings Limited, had failed to comply withs. 99(1A) of the Broadcasting and Television Act 1942 (the Act) but that no action should be taken under ss. 85, 99, 101and119 of the Act as a result.

The final decision and reasons, relating to issues two and three of the inquiry, were detailed in Report No. IP /90/111 released 11 October 1991.

Inquiry Into Accuracy, Fairness And Impartiality In Current Affairs Accuracy& Programs On Television And Radio (IP/89/48) Fairness in Current Affairs This inquiry, which was commenced in February 1989, was completed in December 1991. Details of the background and previous history of this inquiry were reported in the Tribunal's Annual Report 1990-1991 (pp.90-91).

The issues for the inquiry were:

1. (a) Whether the Tribunal should determine a new television program standard or standards or amend current standards to make television current affairs programs subject to:

76 (i) requirements of accuracy, fairness and impartiality similar to the requirements currently applying to news programs pursuant to TPS 15; or

(ii) any other requirements designed to ensure accuracy, fairness and impartiality; and

(b) If so, in what form and manner?

2. (a) Whether the Tribunal should determine a new radio program standard or standards or amend current standards to make radio current affairs (including interview and talkback) programs subject to requirements of aC'Curacy, fairness and impartiality; and

(b) If so, in what form and manner?

3. Such matters relevant to the inquiry as the Tribunal sees fit.

In July 1991, the Tribunal issued a paper entitled Options for Comment which sought comments from previous submitters to the inquiry and from the public. This paper presented arguments supporting the need for some form of regulation in the area of current affairs programs, and presented two options: the creation of a new program standard or the development of self-regulatory industry codes. A draft standard was included for comment.

A further twenty-five submissions were received and considered by the Tribunal. The final decision was released on 4 December (Report No. IP /89 I 48) and new standards for commercial television, and both commercial and public radio were introduced, commencing on 1 January 1992. The objectives of Television Program Standard (TPS) 24 and Radio Program Standard (RPS) 8 are to ensure that current affairs programs are presented on television and radio:

(a) with accuracy and fairness; and

(b) in a way which allows informed public debate on substantial issues affecting the community.

Section 103 - Religious Broadcasts (IP/90/57) Religious In March 1990, the Tribunal received a request from the National Broadcasts Viewers and Listeners Association of WA (the NVLA) for an inquiry into the directions issued under s. 103 of the Broadcasting Act relating to religious broadcasts.

Due to resource constraints affecting the Tribunal, the inquiry was deferred, initially until 1 August, then 1November1990,and thereafter indefinitely.

Following examination of the NVLA' s application, the Tribunal decided that this inquiry should be conducted under Regulation 8 of the

77 Australian Broadcasting Tribunal (Inquiries) Regulations 1986. The Tribunal considered that sufficientinfonnation had been provided in the material the Tribunal had to hand to allow a decision to be made on the issues for this inquiry.

The issues for this inquiry were:

1) Whether the Tribunal should issue a Direction under s. 103 of the Broadcasting Act 1942 to ensure that:

(i) religious programs are broadcast within certain time bands as determined by the Tribunal;

(ii) religious programs include a percentage of time for Divine Worship services.

The Tribunal decided that the provisions of the current directions issued under s. 103 of the Act should remain as they stand. In the Tribunal's view, it is not within the Tribunal's power to direct licensees to broadcast a particular type of program that is of a religious nature. Neither does the Tribunal consider that it is appropriate for licensees to be directed about the times in their broadcast schedules such religious programs should be placed.

The report for this inquiry was released on 4 July 1991.

Inquiry re Children's Television Standard (CTS) 1(6) (IP/92138) Review of Oassification Classification procedures for children's television programs were Children's examined at a meeting of the Tribunal on 20 March 1992. Television This examination was intended to address problems experienced in the Programs current system. It was considered that the current structure and methods used for pre-dassifying programs were too inflexible and responses were slow.

As a result of this review, it was decided to introduce a new system for the pre-classification of Children's (C) and Preschool (P) Television programs, including a system designed to 'fast track' the process. This process replaces the Children's Program Committee (the CPC).

In consequence of this decision, it became apparent that action would also need to be taken in respect of CfS1(6), which refers to the CPC. The Tribunal therefore decided to initiate an inquiry to examine what action should be taken to amend or repeal this part of the standard.

The inquiry was conducted under Regulation 8 of the Australian Broadcasting Tribunal (Inquiries) Regulations 1986, as sufficient information was to hand to allow a decision to be made.

On 26 March 1992, the Tribunal decided to repeal CfS1(6).

78 CHAPTERS

INFORMATION AND ANALYSIS

79 80 The Information and Analysis Branch provides information and analysis relating to the financial, economic, ownership and control, organisational structure, staffing and operational aspects of service areas, services and licensee companies.

The Branch's functions include:

• Analysis and assessment of the financial capability of applicants for radio and television licences, and the commercial viability of the markets concerned. Analyses licensees' financial performance and capability for licence renewals.

• Provision of advice to the Tribunal on the economic and financial implications for the broadcasting industry of changes in regulations or policies.

• Co-ordination of the collection, development and maintenance of relevant data bases of economic, financial, staffing and operational information relating to individual stations and the industry as a whole.

• Preparation of submissions, background papers and recommendations to the Tribunal in relation to the ownership and control of licences.

• Maintenance of records of the ownership and control of licences and publication of summaries of ownership information.

• Maintenance of the Associated Newspaper Register and administration of the provisions relating to the cross-media ownership rules and registered lenders.

• Compilation of and maintenance of socio-economic profiles of licensees' markets.

• Preparation of summaries of financial results of licensee companies for publication.

• Assessment and collection, on behalf of the Commonwealth, of licence fees from commercial licensees.

Three computerised financial databases are maintained relating to commercial radio, commercial television and public radio. The Financial Data information in the databases is commercial-in-confidence. The data in Bases each is based on annual returns and accounts from licensees.

Anonymised versions of the financial information provided by licensees through their returns is published in the Tribunal's Broodcasting Financial Yearbook 1990-91. In separate chapters for commercial television, commercial radio and public radio, the Yearbook provides revenues, expenditure, profitability, balance sheet items and financial ratios for

81 several categories of services. There are also chapters on commercial radio quarterly sale of airtime, licence fees, and staff of services.

The Branch carries out analyses of the financial capability of licensees Financial Analyses and applicants for broadcasting licences, the commercial viability of particular markets and research on related broadcasting issues.

During the year the Branch provided 53 financial analyses for commercial television, commercial radio and public radio on licence renewals, share transactions and imposition of conditions on licence. The Branch also provided seven analyses for commercial radio licence grants and 14 analyses for public radio licence grants.

Fees for licences for commercial radio and television services are payable Fees for Licences to the Commonwealth in accordance with, respectively, the Radio Licence for Commercial Fees Act 1964 and the Television Licence Fees Act 1964. The Tribunal acts Radio and as the Minister's agent in the assessment and collection of these fees. Television Services On 1January1992, the Radio Licence Fees Act was amended so that the amount of licence fee payable by commercial radio licensees was reduced by 50 per cent. Other amendments to this act, to the Television Licence Fees Act and to the Broadcasting Act provided for the self assessment of licence fees by licensees. The purpose of the self assessment amendments was to streamline the collection of licence fees and to reduce the inequity of the former arrangements which allowed some licensees up to six months longer to pay their fees than other licensees. The amendments require the payment of annual licence fees by all commercial radio and television licensees by 31 December each year - the same date by which all commercial licensees are required to lodge their financial documents with the Tribunal. The self assessment scheme is scheduled commence on 31December1992.

Licence fees are calculated in accordance with formulae contained in the Licence Fees Acts. The formulae result in licence fees being percentages of the gross earnings, with the percentage payable escalating according to the level of gross earnings to a maximum of 3.25 per cent for radio services and 9.0 per cent for television services. The present formulae apply to licence fees collected in and after the 1987-88 financial year for television licensees and in the 1991-92 financial year for commercial radio licensees.

Annual Licence Fees Commercial Radio Total licence fees payable by commercial radio services during 1991-1992 based on gross earnings in the previous financial year of $391 899 000 were $7 776 000. In the financial year prior to that, total licence fees payable by commercial radio services were $17 177 000. Total fees payable for 1991-92 were made up as follows:

82 Licence Fees Payable

State/Territory Capital City Other Total $'()()() $'()()() $'()()()

New South Wales and Australian Capital Territory 2960 570 3530 Victoria 1713 150 1863 Queensland 790 331 1121 South Australia 562 26 588 Western Australia 556 44 600 Tasmania and Northern Territory 43 31 74

Australia 6624 1152 7776

In addition to the annual licence fees the Tribunal also collects other fees on behalf of the Minister. These are:

Initial licence fee

A fee of $500 is payable on the grant of a licence. During 1991-92 a total of $3000 in initial licence fees was collected from the licensees of the following services.

Call Sign Service Area

CBN Southern New South Wales DDQ Darling and Southern Downs RTQ Regional Queensland 2WSK Nowra 6BAY Geraldton SHOT Darwin

Establishment fee

This fee was payable on the grant of a commercial radio licence where applications for the licence were invited after 1 March 1987. It was repealed in January 1992. No establishment fees were collected during 1991-92.

AM/FM conversion fee

This fee was also repealed in January 1992. Under this fee where applications were invited for a new commercial radio licence to serve substantially the same service area of an existing licensee broadcasting on the AM band, the existing licensee could request the Minister to vary its technical conditions to allow it to broadcast on the FM band. A fee equal to 50 per cent of the amount of the establishment fee for that service area was payable by the licensee to convert from AM to FM. During 1991-92 a conversion fee of $0.132m was received from the licensee of 6GGG Geraldton (formerly 6GE).

83 FM Access Fee

This fee commenced from 3 January 1992 and applies to all non metropolitan commercial radio grants (including supplementary licence grants) and to situations where existing non metropolitan commercial radio services convert from AM to FM transmission.

In the case of a licence grant or conversion where there is an existing service in the area, the fee is calculated by applying a formula to the gross earnings of the service or services. Where there is no existing service, the FM Access Fee is calculated by applying the formulae to the gross earnings of any radio licensee whose service area overlaps the proposed licensee's service area or to the gross earnings of any radio licensee whose service area is a similar size or has a similar level of population as the proposed licensee's service area. During 1991-92 FM Access Fees of $0.813m were received from the licensees of 2GGO Gosford (formerly 2GO), 2XXX Newcastle (formerly 2NX) and 2WIN Wollongong (formerly 200).

Annual Licence Fees Commercial Television Total licence fees payable by commercial television services during 1991-1992 based on gross earnings in the previous financial year of $1428 535 000 were $112 673 CXX>. In the financial year prior to that, total licence fees payable by commercial television services were $119 488 CXX>. Total fees payable for 1991-92 were made up as follows:

Licence Fees Payable

State/Territory Capital City Other Total $'000 $'000 $'000

New South Wales and Australian Capital Territory 35 982 8390 44372 Victoria 30 228 3311 33539 Queensland 12 594 3036 15630 South Australia 7 877 280 8157 Western Australia 8 809 508 9317 Tasmania and Northern Territory 1658 1658

Australia 95490 17183 112 673

Aggregation rebates

On 25January1990, regulations under the Television licence Fees Act were gazetted providing for a rebate of licence fees payable by the licensees of regional commercial television services when these services move to aggregate.

84 The regulations provide that a licensee in an approved market is entitled to a rebate of licence fees if the Minister for Transport and Communications has directed that the service area of the licensee be extended and if the licensee has notified the Tribunal in writing that it wishes to claim a rebate of licence fees.

A rebate of 100 per cent applies to eligible licensees for fees due in the first year after the Minister has extended the service area. Rebates of 75 per cent, 50 per cent and 25 per cent respectively apply to licence fees due in each of the next three years.

The purpose of the rebate is to provide financial assistance to licensees at the time that they are required to make large investments of capital. The tapering of the rebates is intended to encourage affected licensees to begin their aggregation implementation as soon as possible.

Further regulations were gazetted on 30 April 1991 introducing additional measures to help regional television licensees meet the costs of extending their services to neighbouring areas under the equalisation program.

The extended licence fee rebate scheme gives eligible licensees a 100 per cent rebate of their licence fees for six years with a maximum rebate of $1.6m per year. Unused credits can be carried forward beyond the initial six years.

The extended licence fee rebates are in addition to the existing scheme and the two schemes will continue together so that licensees will receive a rebate under one or other of the schemes, according to which gives the greater rebate.

Total rebates allowed to date in 1991-92 were as follows:

Approved Market $m

A 2.978 B 4.307 c 4.002 D 2.808

Total 14.095

Commercial television service RVN Wagga is included in Approved Market C but its service area was not required to be extended by the Minister. On 9 December 1991 the service consolidated with CBN as was originally intended under the indicative plan. The licensee has claimed licence fee rebates for 1989-90 and 1990-91. However, to date, amendments to the regulations allowing the licensee to receive these rebates have not been made.

85 The limited licence scheme is designed to authorise restricted Limited Licence broadcasting services within defined categories. Limited licences may Fees be restricted in relation to such factors as specialised program content, hours and range of transmission, duration of service, and narrow or specific community focus. Fees may be payable on the grant or renewal of limited licences and an annual fee during the currency of a licence may also be payable. Fees payable in any applicable case are determined in relation to the category of limited licence and the nature of the service. A total of $46 250 has been collected during 1991-92 from 20 limited licence holders.

Section 123 of the Broadcasting Act provides that a licensee shall Financial Results furnish to the Tribunal an audited balance sheet and profit and loss of Commercial account, in a form approved by the Tribunal, and other records relating Television and to the service as the Tribunal from time to time directs. Section 124A Commercial and provides that the Tribunal shall assemble information relating to radio Public Radio and television in Australia. Services In general, financial information gathered by the Tribunal is used to assist it in its statutory responsibilities relating to the commercial viability of existing and proposed commercial radio and television services, the financial capabilities of licensees and applicants for licences and the financial implications for licensees of changes in program standards.

Commercial Television

Broadcasting revenue for commercial television fell by of $44.7m (25 per cent) to $1711.7m in 1990-91. Operating expenditure increased by $99.8m (5.4 per cent). The industry posted a loss of $225.3m, a 178.5 per cent greater loss that the previous year. Capital city services suffered a loss of $136.4m in 1989-90 and a loss of $271.0m in 1990-91. Non-capital city (other) services maintained profitability, although decreasing by $9.8m (17.7 per cent) to $45.7m. The financial performance of capital city services and other services is summarised below.

86 1989-90 1990-91 % of Financial $m $m Total Growth 1990-91 %

Capital City No. of Services 15 15 Revenue 1387.2 1336.5 78.1 (3.7) Expenditure 1523.6 1607.5 83.0 5.5 Profit(loss) (136.4) (271.0) 120.3 98.7

Other No. of Services 34 31 Revenue 369.1 375.1 21.9 1.6 Expenditure 313.6 329.5 17.0 5.1 Profit(loss) 55.5 45.7 (20.3) (17.7)

Total No. of Services 49 46 Revenue 1756.4 1711.7 100.0 (2.5) Expenditure 1837.2 1937.0 100.0 5.4 Profit(loss) (80.9) (225.3) 100.0 178.5

Figures in brackets indicate decline.

Broadcasting revenue of Australian commercial radio services decreased by $16.2m (3.6 per cent) to $432.2m in 1990-91 and operating expenditure Commercial Radio also fell, by $0.Sm (0.1 per cent) to $447.7m, leading to a drop in broadcasting profit of $15.7m and resulting in a loss of $15.Sm. On a national basis only the regional services recorded profitability, the remaining reporting losses in 1990-91. The performance of the five market categories is summarised in the following table.

87 1989-90 1990-91 % of Financial $m $m Total Growth 1990-91 %

Capital City FM No. of Services 7 8 Revenue 118.5 104.7 24.2 (11.6) Expenditure 108.5 104.8 23.4 (3.4) Profit (loss) 10.0 (0.1) 0.6 (101.0)

Capital City AM-FM No. of Services 4 8 Revenue 28.0 47.6 11.0 70.0 Expenditure 30.7 55.5 12.4 80.8 Profit (loss) (2.7) (7.8) 50.3 188.9 Capital City AM No. of Services 26 21 Revenue 147.6 126.7 29.3 (14.2) Expenditure 161.1 135.5 30.3 (15.9) Profit (loss) (13.4) (8.9) 57.4 (33.6)

Larger Cities No. of Services 36 36 Revenue 68.6 66.6 15.4 (2.9) Expenditure 71.6 70.9 15.8 (1.0) Profit (loss) (3.1) (4.3) 27.7 38.7

Other No. of Services 74 73 Revenue 85.7 86.6 20.0 1.1 Expenditure 76.3 81.0 18.1 6.2 Profit (loss) 9.4 5.6 (36.1) (40.4) Total No. of Services 147 146 Revenue 448.4 432.2 100.0 (3.6) Expenditure 448.2 447.7 100.0 (0.1) Profit (loss) 0.2 (15.5) 100.0 (7850.0)

Figures in brackets indicate decline.

Public Radio The public radio financial information for 1990-91 comprises the financial results of 94 public radio services. The number of community services increased by eleven, special interest services increased by four, and ethnic services increased by two.

The number of public radio services increased by 17 from 77 in 1989-90 to 94 in 1990-91. The proportion of revenue derived from funding increased by 12 per cent from $13.70m in 1989-90 to $15.35m in 1990-91. Expenditure increased by 14 per cent to $15.93m leading to an overall

88 deficit of $058m in 1990-91 compared with a deficit of $0.26m in the previous year. The following table summarises the growth in funding and expenditure in each category and the resultant surplus or deficit for 1989-90 and 1990-91.

1989-90 199(}.91 No No Financial of of % of Growth Stns $m Stns $m Total 199(}.91 %

Community 52 63 Funding 4.66 5.35 34.9 14.8 Expenditure 4.88 5.81 36.5 19.1 Surplus (0.22) (0.46) (78.9) (109.1)

Special Interest 7 11 Funding 2.12 2.65 17.3 25.0 Expenditure 2.01 2.87 18.0 42.6 Surplus 0.11 (0.22) (37.2) NM

Educational 11 11 Funding 4.55 4.49 29.2 (1.4) Expenditure 4.76 4.64 29.1 (2.6) Surplus (0.21) (0.15) 26.4 26.7

Religious 4 4 Funding 1.25 1.30 8.5 4.2 Expenditure 1.37 1.35 8.5 (1.8) Surplus (0.12) (0.04) (7.2) 64.4

Ethnic 2 4 Funding 0.80 1.28 8.3 60.0 Expenditure 0.61 0.99 6.2 62.3 Surplus 0.19 0.29 49.7 52.6

Aboriginal 1 1 Funding 0.32 0.28 1.8 (12.5) Expenditure 0.33 0.28 1.8 (15.2) Surplus (0.01) 0.00 0.00 NM

Australia 77 94 Funding 13.70 15.35 100.0 12.0 Expenditure 13.96 15.93 100.0 14.1 Surplus (0.26) (0.58) (100.0) (124.2)

Figure in brackets indicates deficit or decline.

NM indicates not meaningful.

89 The Stations, Markets and Operations Section collects and analyses Stations, Markets information on the operations, markets and staffing of commercial and and Operations public radio and on the markets and staffing of commercial television. Databases The main sources of this information are the Tribunal's Annual Collections of Data, licensees' applications at the time of licence grants and renewals, and staff schedules from licensees' Annual Financial Returns. Combined with market information from government and industry sources, the section maintains comprehensive information on the demographics and broadcast formats of each licence area.

In 1991-92, the section produced 122 reports, which included 89 information papers for licence grants and renewals, and chapters for the Broodcasting Financial Yearbook and Broadcasting in Australia.

The Annual Collection of Data plays an important part in the Tribunal's Annual Collection regulatory processes, providing the government and the public with of Data annual 'snapshots' of broadcasting licensees' operations, formats and target demographics. The Tribunal conducted the third Annual Collection for Public Radio in October 1991. The fourth Annual Collection of Data was delayed pending finalisation of the new broadcasting legislation, and is expected to be completed in slightly revised form in August 1992.

Operations of Public Radio Services

A total of 99 public radio services were surveyed in the Tribunal's third Annual Collection of Data survey held in October 1991 (85 were surveyed in 1990 and 78 in 1989). Of these, 70 were community licensees and 29 special purpose (59 and 26 respectively in 1990 and 55 and 23 in 1989). A total of seven licensed services had not commenced providing a service at the date of the survey.

The survey showed that 47 services broadcast 168 hours per week (40 last year); 33broadcast120-150 hours per week (27lastyear); 12 broadcast 80-120 hours (14 last year) and four broadcast 40-80 hours (the same last year). Program format summaries and profiles of public radio services' operations taken from the 1991 survey will be published in the next edition of the Tribunal's publication Broadcasting in Australia.

Staff of Broadcasting Licensees The Tribunal's collections estimate that 10 641 staff were effective full­ time employees of commercial and public radio and commercial television services at 30 June 1991. This is a fall of 4.9 per cent on the previous year's total of 11 774.

90 The figures for 1990 have been revised downwards slightly compared with those published in last year's Annual Report. This was due to the adjustment of several licensees' returns which over-estimated staff.

Estimated staff numbers, 1991

Ff equivalent % of Ff equivalent % of staff 1991 total staff 1990 total

Commercial 'IV 6.316 59.4 7233 61.4 Commercial radio 4029 37.8 4238 36.0 Public radio 296 2.8 303 2.6 Total 10641 100.0 11774 100.0

Commercial Radio

Staff employed by commercial radio fell by 4.9 per cent (209) compared with the 1990 total. The most severe losses were in Queensland (-85), Western Australia (-56) and in Geelong-Melboume (losses not clear at this time).

Commercial Television

Following consultation with the industry, the data collection for television staff was upgraded in 1991 to improve data quality and the relevance of staffing categories to industry practice. As a result, all services provided staff totals in this year's returns, though 27.4 per cent of licensees did not provide gender separations.

According to these returns, the industry employed a total of 6.316 staff in 1991. It is estimated that this was a substantial fall of more than 10 per cent over the previous year (estimate 7233), though as the data collection methods have changed, and previous years' collections are incomplete, it is impossible to be precise about the extent of the fall.

Public Radio

Public radio licensees employed a total of 296 staff at October 1991, compared with 303 in 1990. The Tribunal commenced collecting detailed statistics on the staffing of public radio services in 1989.

On the other hand, the total number of volunteers involved in public radio increased substantially from 7650 in 1990 to 9636 in 1991 - an increase of 26 per cent

91 92 CHAPTER9

LEGISLATION

93 94 The Broadcasting Act 1942 (the 'Act') provides a framework for the planning and regulation of broadcasting services in Australia.

The responsibility for planning the development of broadcasting The Role and services, the determination of standards and practices for the technical equipment used and its operation, lies with the Minister for Transport Powers of the and Communications (s. 125D of the Act). Minister

The Act provides that the Minister may direct the Tribunal to hold an inquiry into a wide range of matters including any matter relating to the operation of the Act or broadcasting services. (s. 18)

The Minister commences the licence grant process by publishing a notice inviting applications for a licence (ss. 82, 82AA, 82AAA) or referring an application for a licence to the Tribunal for determination (ss. 82A, 82AB). The Minister determines the service specifications and the technical conditions for every licence and is responsible for the issue of licence warrants which authorise the operation of each radiocommunications transmitter (s. 89D).

The Minister and the Tender Board, established under the Act, are responsible for the conversion of commercial radio licences from the AM to the FM Band as part of the National Metropolitan Radio Plan (ss. 89DAA to 89DAP).

The Minister is responsible for the issue of retransmission and temporary transmission permits (Div.2 of Part IlIB).

Under Part IlIBA (Ownership and Control) of the Act, the Minister may make certain declarations and specifications. These include declarations that a pair of licences has a substantial market in common (s. 89T), specification of the maximum number of commercial radio licences in a State that a person may hold (s. 89U) and specification of the declared population of Australia (s. 91AAD).

Under Part IDC of the Act, the Minister is responsible for the equalisation of regional commercial television. Under this part, the Minister prepares and publishes a written plan specifying approved markets, aggregation areas, the affected licensees and those licensees eligible for consolidation with one another. Licensees then elect whether they wish to proceed towards aggregation in the approved markets or to provide multi­ channel services (MCS) before proceeding to aggregation. Licensees submit an implementation plan and the Minister determines whether or not to approve the plan. Under this part, the Minister has power to grant, renew, revoke, suspend and attach conditions to an MCS permit.

95 At 30 June 1992, the planning of commercial and public broadcasting Licensing services allowed for the grant of eight different types of licence by the Tribunal, including licences for principal services (including remote services), supplementary services, and limited licences. The Tribunal is responsible for granting and renewing licences, subject to such service specifications as the Minister may determine. The Tribunal is also empowered to renew, transfer, suspend or revoke licences. For the exercise of all these powers, specific criteria are laid down in the Act (ss. 80 - 89CC).

Part IIIBA of the Act contains a range of complex provisions designed Ownership and to ensure diversity in the ownership and control of commercial Control broadcasting services. It also provides an approval mechanism for people acquiring or enlarging 'prescribed interests' in broadcasting licences. A person or company holds a 'prescribed interest' if they hold or control a licence, or if they have a shareholding or voting interest above a certain threshold in a company which holds a licence.

The Act limits the number of prescribed interests in licences which may be held by any person and also limits the cross media interests which a person may have in a commercial television or radio service area.

With regard to television, a person may have a prescribed interest in any number of licences serving a combined population no greater than 60 per cent of the Australian population. 'One licence to a market' rules also apply so that individuals cannot control more than one television licence within the same market, within the same Territory or within Tasmania. For commercial radio, the 'prescribed interest' rules are: (a) a 'one radio licence within a service area' limit, with allowance for up to 30 per cent service area population overlap between relevant licences.

(b) a state limit which is a number representing half the number of discrete service areas in the state. (c) a nationwide limit of 16 licences. The cross-media limits in the Act: (a) prohibit the holder of a prescribed interest in a commercial television licence from also having a prescribed interest in a commercial radio licence where the two licences have a substantial market in common;

(b) prohibit the holder of a prescribed interest in a commercial television or radio licence from also having a prescribed interest in a newspaper that is associated with the service area of the commercial television or radio licence.

96 For the purposes of the cross-media rules the Tribunal must keep an Associated Newspaper Register (s. 895); a newspaper will be entered in the register if it is in English, is published at least four days each week, at least 50 per cent of its circulation is sold as a newspaper, and it has at least 50 per cent of its circulation in the service area of the relevant commercial television or radio station.

Where new ownership and control limits have been introduced (e.g. the cross-media limits) or old limits made more restrictive (e.g. the state limits for radio in South Australia and Tasmania), 'grandfathering' provisions protect pr~xisting interests which would otherwise result in contraventions of the Act Similarly, an interest which is legal when acquired, but which would subsequently contravene a limit because of a new census count or a service area change (other than a change due to aggregation) is protected by 'prospective' grandfathering rules.

In the area of program regulation, the Act imposes some specific requirements over a range of matters (such as Australian music, religious Programs programs, political and election matter, and cigarette advertising) and confers on the Tribunal the power to determine program standards (s. 16(1)(d)), give directions to ensure that the standards are complied with (s. 99(2)), issue reprimands or admonishments (s. 101), impose conditions (s. 85), and to regulate a range of other activities and arrangements affecting programming (Part IV of the Act).

In carrying out its functions, the Tribunal is required in many cases to conduct an inquiry before exercising a 'substantive power' (ss. 17A- Inquiries 17C(l)). In other cases, the Tribunal may decide that an inquiry, although not required, is desirable (s. 17C(2)-(3)). The Act contains general provisions covering the conduct of inquiries, and the rights of persons to participate in such inquiries (Part II Division 3 of the Act). Detailed provisions relating to the conduct of 'substantive power' inquiries are to be found in the Australian Broadcasting Tribunal (Inquiries) Regulations 1986. An outline of the Tribunal's inquiry process is contained in Appendix A to the Tribunal's Annual Report 1985-86.

Other Acts of relevance to the Tribunal are the Television Licence Fees Act 1964 and the Radio Licence Fees Act 1964, which specify the annual Assessment of licence fee payable by commercial licensees on a sliding scale related to Licence Fees 'gross earnings' of the station. The Tribunal administers this legislation on behalf of the Minister for Transport and Communications, including the assessment and collection of licence fees.

97 Broadcasting Amendment Act No. 158of1991. Amendments to the Act This Act was assented to 21 October 1991. With effect from that date, it amended the Broadcasting Act 1942 to: (a) require that the Australian Broadcasting Tribunal be given prior written notice of acquisitions of interests that could contravene the ownership and control provisions of the Broadcasting Act, including a contravention that would arise if the interests of persons deemed by the Act to be associates were aggregated;

(b) increase the power of the Tribunal to investigate existing or potential breaches of the ownership and control limits; and (c) strengthen the powers of the Federal Court to protect licensees and other companies and to prevent, or prevent the continuation of, contraventions of the ownership and control rules, including orders delaying transactions to enable appropriate Tribunal investigation of proposed acquisitions.

Broadcasting Amendment Act (No 2) No. 183 of 1991. This Act was assented to 6 December 1991 and commenced on 3 January 1992 other than sections 19, 20 & 21 which are to commence on 31December1992.

The effect of this Act was to:

(i) define the term 'commercial viability' for the purposes of the licensing provisions of the Broadcasting Act and limit the circumstances in which commercial viability is considered by the Tribunal in commercial radio licence grant inquiries; (ii) provide a preference process for dealing with concurrent applications for commercial and supplementary radio licences in the same market;

(iii) enable a supplementary radio licence to serve an area smaller than that served by the related commercial radio licence;

(iv) enable ownership of a supplementary radio licence to be separated from the related commercial radio licence two years after the commencement of the supplementary service; (v) enable public radio licensees in isolated areas to broadcast sponsorship announcements which promote products and services of the sponsor; and (vi) restrict the amount of sponsorship announcements which can be broadcast by such licensees to a total of four minutes per hour of broadcasting.

98 Radio Licence Fees Amendment Act No. 184 of 1991.

This Act was assented to on 6 December 1991 and sections 3, 6, 8 commenced on 1January1992; sections 7 and 9 are to commence on 31 December 1992 and the remainder commenced on 3January1992.

The effect of this Act was to:

(i) abolish the establishment fee and AM-FM conversion fees and replace them with an FM Access Fee which licensees are required to pay prior to the commencement of a service on the FM band;

(ii) halve the amount of radio licence fees payable by licensees; and

(iii) make 31 December the date when radio licence fees were payable.

Television Licence Fees Amendment Act No. 185 of 1991.

This Act was assented to 6 December 1991.

The effect of this Act was to make 31 December the date when television licence fees were payable.

Political Broadcasts and Political Disclosures Act No. 203of1991.

This Act was assented to 19 December 1991 and commenced on 3 January, 1992.

This Act amended a number of Acts, including the Broadcasting Act.

The Act has the effect of implementing a new regime for the regulation of political advertising.

It affects Commonwealth, State and Territory elections and by-elections.

The legislation imposes a ban on political advertising for specified periods in relation to both elections and by-elections.

Regulations made pursuant to the Broadcasting Act provide for the allocation of free time to political parties and candidates in relation to general elections only.

Australian Broadcasting Tribunal (Inquiries) (Amendment) Regulations SR 1991No.488 notified Gazette of 10January1992. Amendments to Regulations This amendment to the regulations permits the Tribunal to expedite an inquiry into the grant of a supplementary radio licence in certain circumstances.

99 Political Broadcasts (NSW) Regulations SR 1991 No. 489 notified Gazette of 3January1992. Political Broadcasts (ACT) Regulations SR 1992 No.1 notified Gazette of 3 January 1992. Political Broadcasts (Tas) Regulations SR 1991No.482 notified Gazette of 19 December 1991.

The description of the Political Broadcasts and Political Disclosures Act, above, refers.

Broadcasting (Limited Licences) Fees Regulations 1992 No.126 notified in Gazette of 14May1992.

These regulations created a new category of limited broadcasting licence specifically for racing and betting information.

100 CHAPTERlO

REVIEW OF TRIBUNAL DECISIONS

101 102 The following is an outline of judgements handed down during the year concerning Tribunal decisions. Judgements Delivered

Barrier Reef Broadcasting Ply Limited v ABT: Federal Court

On 28 January 1992, Barrier Reef Broadcasting Pty Ltd, the licensee of 4MK Mackay applied under the Administrative Decisions (Judicial Review) Act 1977 (the 'ADJR Act') for review of the decision of the Tribunal made on 31December1991 to grant a commercial FM radio licence to serve Mackay and surrounding areas to Tropical FM Pty Ltd. On 29 May 1992, Mr Justice Wilcox ordered that the Tribunal's decision be set aside and the applications for licences be referred back to the Tribunal to be dealt with according to law.

Richmond Rivers Broadcasters Ply Ltd and others v ABT and others (1992) 106 ALR 671: Federal Court

On 6 March 1992, Mr Justice Wilcox dismissed an application by Richmond Rivers Broadcasters Pty Ltd for review under the ADJR Act of a decision by the Chairman of the Tribunal that Mr O'Keefe should continue to constitute the Division of the Tribunal in respect of its inquiry into the grant of a commercial radio licence to serve the Lismore area. The application concerned the publication of a preliminary view by the Division and was argued on the basis of apprehended bias.

Television Holdings Ltd and others v ABT [1992) 106 ALR 215: Federal Court

On 10February1992, in the context of the Seven network reconstruction inquiry, a special case was submitted by the Tribunal to the Federal Court pursuant to s. 22B of the Broadcasting Act [reference of questions of law to the Federal Court]. The questions that were raised in the special case concerned whether certain directors of the Seven network were in contravention of s. 92C(l) of the Act. Section 92C(l) of the Act provides that a contravention of that section occurs when:

a person is a director of 2 or more companies that are, between them, in a position to exercise control of licences the aggregate of whose service area population exceeds 603 of the declared population of Australia

This matter was heard by the Full Court consisting of Messrs Justices Davies, Beaumont and Einfeld who held, in their decision of 14 April 1992 that in applying that section, it is not proper to take into account directorships in both a subsidiary and the holding company that controls it.

103 Action on Smoking and Health Limited v ABT: Federal Court

The applicants in this matter applied to the Federal Court on 30 October 1991 for review under the ADJR Act of the Tribunal's decision on the broadcast of the 1990 Australian Formula One Grand Prix. The Tribunal had found that the Nine network was not in breach of the prohibition against cigarette advertising contained in the Broadcasting Act as the cigarette advertising was an incidental or accidental accompaniment to the broadcast.

The matter was heard on 20 May 1992 by Mr Justice Davies. The application was dismissed and the applicant was ordered to pay the Tribunal's costs.

Ivan Deveson and others v ABT (1991) 104 ALR 331: Federal Court

The applicants in this matter applied to the Federal Court on 11 October 1991 for review under the ADJR Act of the Tribunal's decision to issue summonses under s. 21 of the Broadcasting Act to several persons connected with the Seven network in the context of the Seven network reconstruction inquiry.

On 25 October 1991, Mr Justice Davies ordered that the summonses be set aside and that the Tribunal pay the costs incurred by the applicants. His Honour held that s. 21 of the Act empowered the Tribunal to summons a person to appear before it to give evidence and produce documents, but could not be used merely to require a person to produce documents. Further, the Tribunal had no power to compel the production of documents which have no relevance to its inquiry.

WREB Co-operative Pty Ltd v ABT: Federal Court

On 26 March 1992, the Tribunal was served with an application for an order of review under the ADJR Act of its decision to grant to A usradio Ltd a remote commercial radio licence to serve the remote regions of North Eastern Australia. On 29 May, Mr Justice Beaumont delivered an oral judgement confirming the Tribunal's interpretation of the new definition of commercial viability in s. SOB of the Broadcasting Act and dismissing the application.

Mark v ABT (1991) 32 FCR 476: Federal Court

The President of the Anti-Discrimination Board of NSW commenced an action under the ADJR Act on 26 June 1991, in respect of the Tribunal's decision that certain broadcasts by Ron Casey on 2KY Sydney were not in breach of Radio Program Standard 3. The proceedings concerned whether time should be extended to allow the applicant to bring this application.

104 On 22 November 1991, Mr Justice Davies held that Mr Mark could not establish any standing to bring the action because his office as President of the Anti-Discrimination Board did not confer on him any relevant interest entitling him to challenge the Tribunal's decision.

Amalgamated Television Services Pty Limited and others v ABT: Federal Court Other Litigation

The applicants in this matter applied to the Federal Court on 3 October, 1991 for review under the ADJR Act of the Tribunal's decision not to grant them an extension of time in which to make a submission in respect of the Advertising Time on Television Inquiry.

This matter was heard before Mr Justice Hill in the Federal Court on 16 and 17 October 1991. The matter was dismissed when the Tribunal decided to extend the submission period to allow the applicants and others the opportunity to make further submissions.

TCN Channel Nine Pty Limited v ABT: Federal Court

This matter also arose out of the Advertising Time on Television Inquiry. On 23January1992, the applicant claimed that the Tribunal had breached the rules of natural justice by failing to hold a hearing in that inquiry that would allow the applicant an opportunity to put its case orally. Such a hearing was agreed to by the Tribunal and this application was discontinued by the applicant on 26 February, 1992.

Northern NSW FM v ABT: Federal Court

On 10 June 1992 Northern NSW FM Pty Ltd sought review under the ADJR Act of the decision of the Tribunal not to grant an independent FM commercial licence to serve the Lismore area.

However, this action was discontinued on 30 June 1992.

INP Consortium Limited v Tourang and ABT and others: Supreme CourtofNSW

This was an application issued on 18 December 1991 seeking declarations, injunctions and restraining orders against the respondents which included the receivers appointed to the John Fairfax Group. Orders were sought compelling the Tribunal to institute proceedings against Tourang for contravention of the Broadcasting Act 1942 and setting aside the decision of the Tribunal not to take such proceedings. This action was discontinued against the Tribunal on 10 February 1992.

105 Litigation on hand at 30 June, 1992. Current Litigation Australian Capital Television & Ors v The Commonwealth of Australia

New South Wales v The Commonwealth & Anor: High Court of Australia

These two matters arose out of the passing of the Political Broadcasts and Political Disclosures Act (Cth) 1991. Each action challenges the constitutional validity of the legislation. As each matter concerns the same legislation, the High Court consented to hearing both matters together, both at the interlocutory stage and at final hearing.

An application for an interlocutory injunction was heard on 14 January 1992. Both Australian Capital Television & Ors and the State of New South Wales applied for an interlocutory injunction in order to prevent the enforcement of the political advertising provisions of the Broadcasting Act 1942.

Although interlocutory relief was refused, it was determined by the Chief Justice that serious questions of law were raised and warranted the consideration of the Full Court.

The full hearing of the two matters took place over three days, 17-19 March 1992. The decision of the High Court was handed down in August 1992.

TCN Channel Nine Pty Ltd (TCN) v ABT;

Amalgamated Television Services Pty Limited v ABT: Federal Court

On 19 March 1992, an application for Orders of Review under the ADJR Act was filed in the Federal Court by TCN, licensee of Channel Nine, Sydney. On 23 March, the Seven network commenced a similar action. The applications are in respect of the decision of the Tribunal made on 24February1992 to introduce a new television program standard, TPS 25 - Advertising and Promotion Time. This standard regulates the amounts of advertising and program promotions allowed to be broadcast on commercial television. The applicants have alleged, amongst other things, that in determining the program standard the Tribunal breached the rules of natural justice and that the decision involved an error of law.

On 24 June 1992, Mr Justice Gurnmow handed down his decision in respect of several preliminary issues in favour of the Tribunal. A hearing into the remaining substantive issues of the case will be heard in the near future.

106 Riverina Broadcasters (Holdings) Pty Limited v ABT and Wagga and Riverina FM Stereo FM Pty Limited: Federal Court

This application under the ADJR Act was commenced by Riverina Broadcasters on 12 December 1991 and arises out of the decision of the Tribunal to grant a commercial FM licence to serve Wagga and surrounding areas to Wagga and Riverina FM Stereo Broadcasters Pty Limited. This matter was listed for hearing on 13 and 14 August, 1992.

Alice Springs Commercial Broadcasters Pty Ltd v ABT: Federal Court

On 29October1990, an application under the ADJR Act was filed in the Federal Court by Alice Springs Commercial Broadcasters Pty Ltd, the applicant for a supplementary licence in the Alice Springs area. The application was in respect of decisions by the Tribunal, dated 27 September 1990, to refuse to grant the supplementary licence and to recommend to the Minister that he classify the market as a 'Group D' market for which special measures are appropriate.

The Tribunal discovered in the preparation for this hearing that all parties and the Tribunal had been proceeding under the Broadcasting Act whereas the decision should have been made under the previous Broadcasting and Television Act. The Tribunal subsequently vacated its decision and Alice Springs Commercial Broadcasters Pty Ltd is claiming that the Tribunal should pay the legal costs arising from the application to the Federal Court.

The question of costs was heard in the Federal Court in Adelaide on Tuesday 17December1991.

United Telecasters Ltd (in liquidation) v ABT and others and Westpac Banking Corporation: Federal Court

The former licensee company of the TEN commercial television licence, in liquidation and with receivers appointed, sought review under the ADJR Act of the Tribunal's decision of 14 February 1992 to approve the share transfers from the licensee companies in receivership to companies which are wholly owned subsidiaries of Westpac Banking Corporation. The application claimed that the Tribunal had erred in law in that it failed to investigate thoroughly the fitness and propriety of Westpac.

At 30June1992, the matter was listed for hearing on 2 and 3 July 1992.

John Laws v ABT: Supreme Court of New South Wales

On 25 May 1988, Mr Laws commenced proceedings in the New South Wales Supreme Court against the Tribunal and a staff member, Ms Paramore, for defamation in relation to an interview Ms Paramore had

107 with Jane Singleton on 2GB on 29 April 1988. The interview dealt with, amongst other things, the issue of the Tribunal's decisions of 24 and 27 November 1987, concerning breaches of Radio Program Standard (RPS) 3 by Mr Laws. No hearing date had been set by 30 June, 1992.

Ombudsman Alan Scott On21October1991 the Tribunal received a letter from the Ombudsman's office concerning a complaint from Mr Alan Scott. The complaint concerned three letters that Mr Scott had forwarded to the Tribunal of which none had been answered or acknowledged by the Tribunal. In its response to the Ombudsman, the Tribunal said it had no record of the letters being received but that procedures had been put in place to prevent such occurrences being repeated in the future.

National Viewers and Listeners Association of Australia

On 23January1992 the Tribunal received a letter from the Ombudsman referring to a complaint received from the above association. The association complained that the Tribunal had insufficiently notified the public in relation to the Inquiry into the Oassification of Program Material on Television.

The Tribunal responded to the Ombudsman stating that it had complied with all the statutory notification requirements and had received an estimated 350 submissions to the inquiry. On 24 June 1992, the Ombudsman's office responded saying that there was no need to further investigate this matter.

Australian Council for Children's Films and Television

On 10 June 1992, the Ombudsman wrote to the Tribunal in relation to a complaint from Ms Biggins of the above association. The complaint concerned the Tribunal's decision to disband the Children's Program Committee.

Nine Network Australia Limited

On 24 June 1992 the Tribunal received a letter from the Ombudsman concerning a complaint from the General Counsel of the above company. The complaint concerned the Tribunal's refusal to provide reasons for a decision, pursuant to s. 17C(7) of the Broadcasting Act, to allow a public submission period of 14 days instead of the 42 day period required by the Australian Broadcasting Tribunal (Inquiry) Regulations 1986 in the Darwin FM commercial radio licence inquiry.

108 CHAPTER11

PUBLIC INFORMATION

109 110 The Publications and Public Relations Branch (formerly the Information and Education Branch) is responsible for : Public Information a) CO-Ordination and management of the production and commercial marketing of Tribunal publications, including Broadcasting in Australia, Oumership of Australia's Broadcast Media, Broadcasting Financial Yearbook, ABT Manual, ABTEE and major inquiry reports; b) co-ordination of the media liaison needs of the Tribunal including writing and distribution of news releases, handling enquiries from journalists, arranging interviews and press conferences; c) co-ordination of the public relations activities of the Tribunal, including the preparation of information brochures on the Tribunal's role and functions.

On 10 June 1991, the Tribunal appointed a Media Consultantto establish a professional profile for the Tribunal with national press and electronic media and develop and implement a strategy for continued representation at this high level.

Broadcasting in Australia Publications The third edition of this publication, covering the 1990 calendar year, was published in September 1991. The book provides an overview of the broadcasting industry and contains information on television and radio programming, financial results, ownership structures, location of services and lists names, addresses and transmitting frequencies of all broadcasting licensees.

The book sells for $34.95 and to 30June1992 had raised $16141.

Broadcasting Financial Yearbook

The Broadcasting Financial Yearbook contains financial results for commercial television, commercial radio and public radio. Comparative figures for the three metropolitan television networks and the four major radio networks are included. The publication also contains staff numbers of commercial television and radio services and population changes in service areas.

The 1989-90 edition was launched on 19 June 1991. It sells for $80 and in the year to 30 June 1992, had raised $9953. The 1990-91 edition was launched on 30June1992.

Ownership of Australia's Broadcast Media

Oumership of Australia's Broadcast Media contains listings of the major shareholders in companies which hold a broadcasting licence and

111 companies which publish major newspapers. It details multiple share holdings in licensee and publishing companies, licences having a substantial market in common, population reach figures for the major media groups and service area maps for commercial radio and television. It is published quarterly with a yearly subscription costing $165. In the year to 30 June 1992, it raised $12 593.

AB TEE

The Tribunal publishes a fortnightly newsletter, ABTEE. The newsletter contains information about Tribunal inquiries, litigation summaries, details of new services, changes to call signs, public hearing dates and lists inquiry reports published.

A yearly subscription to ABTEE costs $75. In the year ending 30 June 1992, it raised $13 951.

ABT Manual

The second edition of the ABT Manual was published in soft cover book form in March 1992. The Manual contains the Tribunal's program and advertising standards, policy statements, practice notes and forms. The Manual costs $15 and to 30 June 1992, had raised $3444.

KidzTV

Kidz TV, a two volume report on the Tribunal's inquiry into children's television standards, was launched on 24 October 1991 by Ms Noni Hazlehurst, National Oilldren's Week Ambassador. The report was the culmination of a three year public inquiry which resulted in new standards for children's programming on commercial television.

The two volume report costs $24.95. To 30 June 1992, it had raised $3450.

Monographs

Three monographs based on research into community attitudes to broadcasting were published in the year to 30 June 1992. They were:

1. Community Views on Broadcasting Regulation,

2. Sex, Violence and Offensive language and

3. Who Complains?

To 30 June 1992, Monograph 1 had raised $1031, Monograph 2 had raised $2265 and Monograph 3 had raised $414.

112 A mail order campaign for Tribunal publications was conducted in October 1991. A mail out to the 5500 names on the Tribunal's main Marketing of mailing list was undertaken. The mailout consisted of four items, a four Publications colour flyer on Broadcasting in Australia 1990, a flyer on the report on the Tribunal's inquiry into Australian content on commercial television, Oz Content, a flyer on Kidz TV and a flyer with a brief description and price of each publication and an order form.

A publications flyer with a brief description and price of each publication, together with an order form, is updated periodically. This flyer is supplied to people who write or phone to inquire about Tribunal publications. The flyer is designed in-house.

Because the Tribunal does not have (and in fact is precluded from Distribution operating) a retail facility, the vast majority of publications are distributed by mail.

Media Liaison Public Relations A total of 2549 media calls were taken and logged in the year ended 30 June 1992.

News Releases

A total of 119 news releases were issued in the year to 30June1991. A full list of these appears at Appendix D.

Media Training

In house media training for Tribunal officers was offered for the first time during the year. Tribunal officers who were most likely to be required to make media comment were trained in radio interview techniques while inquiry officers were trained in draft media release production, media literacy, planning and strategy. Most staff from the AS06 level up attended either or both courses.

In its role of assembling and disseminating information about broadcasting in Australia, the Tribunal maintained during 1991-92, as State Offices part of its Programs Division, offices and state representation in all mainland state capital cities outside Sydney. These offices are resource centres and hold extensive information records in document and microfiche form. Records include documentation for Tribunal inquiries, decisions and reports as well as research reports and other material. Tribunal publications are also available for sale.

113 The Tribunal's state representatives act as liaison officers between the Tribunal, broadcasters, industry organisations, public interest groups, media researchers and other bodies or individuals with broadcasting interests.

State representatives are also involved in increasing public awareness of broadcasting and the Tribunal's role in its administration. They have an important role in receiving comments and, where necessary, investigating complaints about broadcasting, informing members of the public about the relevant program standards or sections of the Act and passing complaints to the Complaints Unit for investigation.

Since the introduction, in May 1986, of the Tribunal's uniform inquiry procedures, state representatives have been available to assist the public and industry in their understanding of these procedures. Such assistance is provided not only to ensure that, where appropriate, applications are lodged in accordance with the relevant regulations, but to assist the public generally to understand the inquiry process. The state representative in Victoria also has responsibility for Tasmania, and the state representative in South Australia has responsibility for the Northern Territory.

People in remote areas are provided with toll-free telephone numbers for the Sydney head office and the Complaints Unit in Melbourne.

Location of Tribunal's Offices

Sydney Tandem House (Head Office) 76 Berry Street NORTHSYDNEYNSW2060 Telephone (02) 959 7811 Toll free (008) 22 6667 Facsimile (02) 954 4328 DX10528NORTHSYDNEY

Melbourne 14th Floor Marland House 570 Bourke Street MELBOURNE VIC 3000 Telephone (03) 6701777 Toll free (008) 33 7417 Facsimile (03) 670 4821 (Toll free number is for complaints from outside the Melbourne metropolitan area.)

Brisbane 8th Floor 444 Queen Street BRISBANE QLD 4000 Telephone (07) 832 4702 Facsimile (07) 832 1623

114 Adelaide 3rd Floor 70 Llght Square ADELAIDE SA 5000 Telephone (08) 231 1454 Facsimile (08) 2311452

Perth 10th Floor 251 Adelaide Terrace PERTH WA 6000 Telephone (09) 325 7041 Facsimile (09) 2211631

The Sydney and Melbourne facsimile numbers are connected to the Telecom.Faxstream Network.

Local files, reports and decisions are located in the State Library of Tasmania.

The Library is arguably the premier Australian collection of local and international information on broadcasting and allied subjects. Library

It continued this year to provide information to Tribunal staff, members of the public, students, academics, researchers and industry personnel. There was a noticeable increase in requests for information from students at school and undergraduate level. This seemed to reflect an increased awareness of broadcasting issues in the general community.

Access to the Library's resources is available through a computerised information retrieval system. As well as its own resources, a wide range of information is available through the external databases to which the Library has access. The new ASC database, ASCOT, was added to the database menu during the year. ·

Reader education sessions on the use of the Library were held regularly during the year for new staff.

The Library continued to publish and distribute widely its quarterly Library Bulletin. As well, a regular column detailing news of notable additions to the Library's collection is published in the Tribunal's newsletter, ABTEE.

The following information is provided on the operation of the Freedom of Infvrmation Act 1982 (the FDI Act). Freedom of Information

Requests Made

In the period 1July1991to30June1992 eight requests were received (five requests in the previous year). Of these one was granted in full,

115 four were granted in part, one was refused and one was withdrawn. One of the requests remained outstanding at the end of the period.

The request where access was granted in full related to inquiry documents. The four requests where access was granted in part related to documents about the bids for the Fairfax Group; minutes of meetings held by the Tribunal and its former Children's Program Committee; and documents relating to breaches of the Broadcasting Act. The request where access was refused related to the bids for the Fairfax Group.

Documents were most commonly exempted under paragraph 43(1)(b) or (c), that is the exemption concerning business or financial interests of individuals or organisations. Exemptions were also claimed under ss. 38, 41, 42, and 45.

The average time taken to notify decisions was 38 days compared with 18 days for last year. The longer time period resulted from most requests being of a complicated nature and the need to consult under section 27.

The fDI Act was amended in late 1991. The Broadcasting Act contains a secrecy provision viz paragraph 125((2) a) and the Tribunal was added to Schedule 3 of the fDI Act at that time. This enabled the Tribunal to claim an exemption under s. 38 of the FOi Act for certain documents relating to the Fairfax bids.

Handling of Requests

All persons to whom access was refused were informed of their rights of review and their entitlement to complain to the Ombudsman.

Four applications were made to the Principal Officer of the Tribunal for review of decisions, but none were made to the Administrative Appeals Tribunal. In two cases greater access was provided following the reviews.

Training

During the year, a special in-house seminar was arranged for fDI decision-makers. The seminar was taken by Ms M Campbell from the Attorney-General's Department in Canberra who came to Sydney especially for the seminar.

Also during the year, several staff not previously involved in the fDI process but who had been exposed to it in the course of their duties, attended introductory seminars in Sydney and Melbourne conducted by Attorney-General's Department staff. The fDI Co-ordinator attended regular FOi Practitioners' Forums. New staff at the Tribunal were provided with an overview of the FOi Act during induction sessions.

116 Cost of Freedom of Information

The total cost to the Tribunal for freedom of information activities in the period was estimated at $7900. This included the cost of the in-house seminar and the introductory ones conducted by the Attorney-General's Department.

Three requests were received for remission of the application fee and the charges associated with the requests, two of which were granted on public interest grounds.

A total of $697 was collected and notified, being the amount payable for charges relating· to compliance with requests. In addition, one request was notified as costing about $420. This request was subsequently withdrawn. The application fees collected amounted to $130. Staff costs for FOi activities were $3003 which, with 85 per cent overheads of $2553 made a total cost of $5556 compared with $1434 last year.

117 118 CHAPTER12

ORGANISATION AND STAFF OF THE TRIBUNAL

119 120 Section 15E of the Broadcasting Act provides that staff of the Tribunal shall be employed under the Public Service Act 1922. Human Resources The Tribunal's senior staff, as at 30June1992 were:

Senior Executive Service

Ms Pat Manser Acting Director, Licensing Division Ms Debra Richards Acting Director, Programs Division Mr Norm Grimmond Acting Director, Corporate Services Division

Other Senior Staff

Ms Michele Blum Acting Assistant Director, Grants and Renewals Branch, Licensing Mr John Souter Acting Assistant Director, Ownership and Control Branch, Licensing Mr Michael Zagame Assistant Director, Information and Analysis Branch, Licensing Ms Lesley Osborne Acting Assistant Director, Standards Inquiries Branch, Programs Mr Nick Herd Assistant Director, Research and Assessment Branch, Programs Ms Madeleine Davis Acting Assistant Director, Management Services Branch, Corporate Services Mr Graeme Haigh Assistant Director, Secretariat Branch, Corporate Services Mr Giles Tanner Acting Principal Legal Officer, Legal Branch, Corporate Services Mr Donald Robertson Publicist, Publications and Public Relations Branch, Corporate Services Mr John Small Manager, Information Systems Branch, Corporate Services

Staffing Overview

At 30 June 1992, the Tribunal employed a total of 138 staff. This figure included 6 statutory office holders (Tribunal Members), 122 permanent officers and 10 temporary employees. Six staff were located in the · Tribunal's Melbourne Office and there was one representative in Brisbane, Adelaide and Perth. The Tribunal has three permanent part­ time staff.

Of the 129 non-SES staff, 69 are women.

At 30June1992, two out of the three Senior Executive Service positions were staffed by women.

121 Mr Peter Westerway Changes in Membership and On 30 June 1992, Mr Westerway's term as Chairman of the Tribunal Senior Staff expired. Subsequent to the date of the report, at the Tribunal meeting of 22 July 1992, the Tribunal thanked Peter Westerway for his leadership during his term as Chairman and Vice-Chairman and wished him well for the future.

Mr Michael Ramsden

Mr Michael Ramsden, Acting Vice-Chairman, retired from the Tribunal on 27 April 1992.

At its meeting held on 13 April 1992, the Tribunal expressed its thanks to Mr Ramsden for his contribution as a Member and Acting Vice­ Chairman over a period of four years in what was a very difficult period of the Tribunal's operations and wished him well for the future in the United States of America.

Mr Peter Webb

Mr Peter Webb was appointed Vice-Chairman of the Tribunal for the period 11 May 1992 until 10 May 1997, or until such time as the Australian Broadcasting Tribunal is abolished by Act of Parliament, whichever of these events is the sooner.

Professor Brian Johns

Professor Brian Johns was appointed as an Associate Member of the Tribunal for the period 10September1991until17September1992 for the purpose of inquiries in general.

Mr David Haines

Mr David Haines was appointed as an Associate Member of the Tribunal on 21 April 1992 for the duration of the Tribunal's Program Classification Inquiry.

Mr Norm Grimmond

Mr Norm Grimmond commenced with the Tribunal on 15 July 1991 as Acting Director, Corporate Services Division.

Performance appraisal is continuing for SES officers and it is expected Performance Pay that performance pay will be introduced for the SES by the Government before the end of 1992.

The Tribunal is in the process of establishing a performance appraisal scheme for the Senior Officer Structure. Again, it is expected that performance pay, based on the scheme will be available for the Senior Officer Grade B level from August 1992 and for the Senior Officer Grade C level from November 1992.

122 As part of the restructuring of legal classifications across the Australian Public Service, performance appraisal is now required for incremental advance within the legal classifications. The Tribunal has implemented an appraisal scheme for its legal staff. The first appraisal cycle for eligible staff will finish in September 1992.

The Tribunal's revised Equal Employment Opportunity (EEO) Plan was endorsed by the Public Service Commissioner in June 1992. The Equal Employment Plan was developed through extensive consultations with the EEO Opportunity Sub-committee and takes account of contributions and suggestions made by staff of the Tribunal. The Plan contains six programs which cover: General Activities Personnel Policy and Practices Recruitment and Selection Personal Development and Training Working Environment Performance Indicators and Evaluation.

The Tribunal continued its ongoing program of identifying and eliminating discriminatory practices and introducing measures which will allow people in target groups equality of employment opportunity. Courses aimed specifically at members of the target groups were offered during the year.

As at 30June1992, 54 per cent of the Tribunal's total staff were women, 12 per cent came from non-English speaking backgrounds and six per cent suffered a disability.

It is the policy of the Tribunal to promote and maintain the highest degree of health, safety and well-being of all staff by aiming to: Occupational Health and Safety • prevent accidents and ill-health caused by working conditions;

• protect staff from any health hazard which may arise out of their work or the conditions in which it is carried out; and

• place and maintain staff in an occupational environment designed to satisfy their needs or health, safety and well-being at work. The Tribunal's Occupational Health and Safety (OH&S) Agreement was revised in order to make it consistent with the new OH&S (Commonwealth Employment) Act 1991. The Tribunal's Consultative Council endorsed therevisedAgreementinMarch 1992. The Agreement outlines the respective responsibilities of management, employees and unions, the structural arrangements necessary to meet those responsibilities and the arrangements to achieve the aims of the Tribunal's OH&S Policy.

123 The Tribunal's OH&S Committee meets every three months to deal with OH&S matters. The Committee membership is made up of an equal number of management staff, OH&S representatives and union delegates.

Four OH&S representatives were elected in early 1992 and trained by an accredited health and safety training organisation. The representatives have completed one workplace inspection and presented their report with recommendations to the OH&S Committee.

During the year attention was focussed on the prevention of occupational overuse injuries, office safety, emergency evacuation procedures and elimination of sexual harassment. Further eye-testing was carried out and first-aid officers and fire wardens have undergone required training.

The Tribunal is committed to Industrial Democracy (ID) and in Industrial accordance with ID principles, staff and union continue to be represented Democrary on various Tribunal committees. The Consultative Council, comprising representatives of management and the Public Sector Union, met three times during the year. Issues discussed included the proposed establishment of the Australian Broadcasting Authority and its impact on staff, studies assistance, a policy on advertising staff vacancies, accommodation changes and staff development.

As part of the educative strategy in the Tribunal's Industrial Democracy Plan, staff were encouraged to attend skills courses such as negotiation, communication, personal development, assertiveness and leadership.

The Tribunal is committed to a high level of staff development and Staff Development training and during 1991-92 all staff were encouraged to attend training and Training courses, conferences and seminars. Expenditure by the Tribunal for eligible training under the Training Guarantee Scheme was 7.16 per cent of the Tribunal's annual payroll of $5 626 890 payroll and 134 people spent a total of 1206 days on training.

Several senior officers used the development opportunities offered through the Public Service Commission (PSC) and one senior officer started on the Executive Development Scheme (EDS). Other staff undertook a variety of courses such as supervision, writing skills, policy formulation, career development and administrative law.

The Tribunal is a member of the NSW Joint Agencies Training Committee (JA TC) which comprises personnel and training managers from nineteen small government agencies in Sydney. The agencies pool their resources to produce a combined training program offering cost effective activities catering for the needs of people in member organisations. In 1991-92 the JATC ran more than 30 courses and the Tribunal averaged two participants on most of the courses.

124 The Tribunal is a member of the NSW Regional Directors' Training Steering Committee (RDTSC). This Committee is sponsored under the aegis of the Forum of Commonwealth Agencies in New South Wales to provide a coordinated approach to the design and delivery of development opportunities in the region. This year the Committee has been particularly involved in developing programs for middle managers, staff development professionals and the Public Sector Management Course sponsored by the Public Service Commission.

In 1992 two officers from the Tribunal participated in the NSW RDTSC Action Management program. This is a seven month action learning development program for middle managers in the Australian Public Service. Project-based, it is designed to provide a significant development opportunity, particularly in people management skills, for a mixture of new and experienced managers.

Three Tribunal staff were accepted onto the 1992 NSW RDTSC Staff Development Interchange Program. This is a self-directed learning program for middle managers. Its aim is to develop participants through placement in a different working environment One officer from another Commonwealth agency commenced a placement with the Tribunal as part of the same program.

In-house courses run during this year included:

Negotiation Skills Job Search Skills Media Release Training Radio Interview Training Stress Strategies

In 1991-92 the Tribunal received $16180 of the Government's Middle Management Development Program (MMDP) funds. A program specially developed for the Tribunal was conducted in the first half of 1992 and 28 middle managers participated. As well as attendance at eight workshops, participants worked on four projects which they presented at the end of the program. These projects were:

Planning for a Corporate Plan An ABT Performance Appraisal System Key Financial Management Concepts The Role and Competencies of Middle Managers in the ABT

The Tribunal introduced a new studies assistance policy, STUDYBANK, this financial year. The policy encourages staff to take up undergraduate and post-graduate studies. Thirteen staff were students during 1991 and 16 have commenced in 1992.

The Tribunal holds regular consultative meetings with industry, interest and consumer groups. Through such consultative processes the Tribunal Social Justice facilitates participation in decision making about appropriate Tribunal

125 activities by those individuals and groups who may be affected by the Tribunal's decisions.

Many of the processes carried out within the Tribunal involve the public, notably: • attitudinal research • the public inquiry mechanism

• the complaints process

• the educational and informational program of visits, talks, publications and media contacts.

The views of various 'publics' are sought in particular circumstances. For example, where the renewal of a licence is being assessed, the community to which the licensee delivers the service is asked for its views. This may include seeking out the views of target audiences, such as migrants or Aborigines.

Additionally the public inquiry process aims to enhance fair access to broadcasting services by:

• encouraging public submissions and requiring licensees to take account of them;

• encouraging public attendance and participation at hearings and conferences through prominent advertisement in the local press and I or issuing of media releases; • ensuring hearings are held where possible in the major centre of the licensee's community;

• placing uirto-date copies of inquiry files in accessible locations; and • placing emphasis during inquiries on signal reception difficulties within licensees' designated service areas.

Individual participation in decision making is encouraged through the Tribunal's emphasis, when considering the grant or renewal of public radio licences, on the level of community participation in the operations of the licensee and the selection and provision of programs.

Policies such as aggregation of commercial television services in country areas have been the subject of attitudinal research. Public perceptions have been assessed, both generally and in the context oflicence renewals. The results of these emphases are to require licensees to provide a greater range of choice for residents in rural areas together with specific attention to the needs of special groups.

126 Outcome

The Tribunal has undertaken an extensive attitudinal research program, with three surveys conducted in 1991-92, including qualitative and quantitative research. Research is also being conducted in relation to public inquiries reviewing standards for classification and discriminatory broadcasts (including racial vilification).

The Tribunal published three monographs based on its attitudinal research during 1991-92, with a fourth monograph was released in July 1992. These comprise: Attitudes to Broodcast Regulation, Sex, Nudity and Bad Language, Who Complains? and What we want from our TVs. These have been written, priced and distributed so as to be accessible to a wide audience.

A Tribunal-managed 008 number, instituted to allow complaints from listeners and viewers to be received by the Melbourne-based Complaints Section at no cost to the complainant, continued to be heavily utilised throughout the year.

The Tribunal's publication of its annual review of the broadcasting industry: Broadcasting in Australia, continued to be well accepted by the Tribunal's public with the third edition being released during 1991-92. The Tribunal also published the fourth annual edition of Broadcasting Financial Yearbook, and four editions of its media ownership publication, Ownership of Australia's Broadcast Media, were produced. A revised version of the Manual, containing all the Tribunal's standards, practice notes and policy statements, was published in soft-cover paperback form. The Tribunal's information pamphlets were re-designed and reprinted; wide distribution of the pamphlets was undertaken.

The Tribunal continued to have a high public profile in 199-192, issuing 143 media releases and logging some 2549 calls from the media. Information requests were received from legal firms, stockbrokers, industry associations, other government organisations, academics, students and members of the public.

Emphasis on the Tribunal's own newsletter, ABTEE, was maintained in order to keep the public and the industry informed of Tribunal decisions and activities. In addition, a list of publications is now produced and updated regularly and forms the basis of a major direct mail campaign once a year. Free copies of all Tribunal publications were provided to State libraries and free copies of ABTEE were provided to all State and municipal libraries on request.

Emphasis also continued to be placed on reaching a wide reader base by adding newly acquired Llbrary material to the National Library of Australia's bibliographic database and other co-operative ventures.

Given the recent significant changes in ownership and control of television and radio networks, the Tribunal considered it even more pressing for the professions servicing the broadcasting industry, as well as licensees, to understand and adhere to the requirements of the

127 Broadcasting Act. With this in mind, the Tribunal held a series of specialist information seminars throughout the year, covering legal and financial implications of the Act These were aimed at senior executives in financial institutions, law and accounting firms and broadcasting networks.

The Tribunal also engaged a media consultant to establish a professional profile for the Tribunal with national press and electronic media and to develop and implement a strategy for continued representation at this level.

All Tribunal computing is done on IBM and compatible personal Information computers. All Members and staff are equipped with PCs, and the Systems majority of PCs in Head Office are connected through a local area network which allows shared access to Tribunal data bases and provides user services such as electronic mail. The Tribunal has adopted Microsoft Windows as its standard desktop software environment, and is making increasing use of Windows-based software packages. Some older computers have had hardware upgrades so that they could support Windows on a network, and those which could not be upgraded have been taken out of service.

Major changes to the ownership and control system were completed late in 1991. Some other data bases have been modified for use on the network, and some new ones have been developed.

In order to streamline the sale of publications and eliminate outstanding Financial debtors, a merchant credit card facility and a 'no credit' policy were Management implemented this financial year. In addition, two new data bases were developed to monitor publications (sale and stock) and assets and a barcoding system was introduced with the latter.

No instances of fraud were identified during 1991-92. The Tribunal was Fraud Control due to review its Fraud Control Plan this financial year, however this has been deferred pending the establishment of the Australian Broadcasting Authority.

No insurable or manageable claims or losses occurred during the year. Oaims and Losses

The internal audit program undertaken by KPMG Peat Marwick for Internal Audit the Tribunal was reviewed this year in order to enhance and complement operational policies.

128 Individual audits of the library, contracting for consultants and a follow­ up review of licence fee collection relating to Finance Section procedures were undertaken.

The Tribunal did not undertake any major capital works in 1991-92. Capital Works Management The nature of the Tribunal's activities generally requires the purchasing of standard items most of which are available under period contract. Purchasing

The Australian Government corporate credit card was introduced this year for wide use throughout the administrative operations of the Tribunal.

The Auditor General's report for 1990-91 raised one issue in respect of delays by the Tribunal in bringing to account broadcasting licence fees External Scrutiny collected over the period 2-28June1991. Following discussion with the Department of Finance, the Tribunal has implemented new arrangements to facilitate automatic clearance of the holding account by the Department of Finance on a weekly basis. The Australian National Audit Office has indicated that it is satisfied with these arrangements.

The Tribunal continues to participate in an office paper recycling scheme and encouraging staff to re-use 'waste' paper. Public information Impact Monitoring pamphlets were printed on recycled paper.

The Tribunal has not taken any action under the Public Duty and Private Interest Guidelines during the year. Public Duty and Private Interest Guidelines During the year, the Tribunal's obligations under the Privacy Act 1988 were explained to new staff at induction courses. Privacy Act

All Tribunal application forms which may require details which could be regarded as personal information to be provided to the Tribunal in the exercise of its functions under the Broadcasting Act, indicate that unless a request is made for restricted access, that information will be placed on a public file.

During the year, relevant information was provided to the Privacy Commissioner for inclusion in the Personal Information Digest which is published by his office.

129 No complaints relating to privacy, in terms of the Privacy Act, were received during the year.

The Auditor-General's certification of the Tribunal's financial statement Financial appears at Appendix M. Statement

130 APPENDICES

131 132 APPENDIX A

MEETINGS ADDRESSED BY TRIBUNAL MEMBERS 1991-92

128.91 Mr O'Keefe gave a presentation to students at Australian Film, Television and Radio School, Ryde on 'The Radio Industry and the Australian Broadcasting Industry'.

16.8.91 The Acting Chairman addressed the Senior Executive Leadership Program organised by the Public Service Commission, in the Hunter Valley.

16.9.91 Ms Brooks addressed staff of Trade Branch of the Department of Foreign Affairs and Trade, in Canberra.

23.9.91 Ms Brooks addressed the ORCIT conference on broadcasting regulation, in Melbourne.

27.9.91 Ms Brooks addressed the YWCA on the issue of women in the media.

30.10.91 Ms Brooks addressed the Community Information Association on the issue of the Australian Broadcasting Tribunal and public access.

31.10.91 Mr Wilson addressed the Administrative Law Forum, in Sydney.

4.12.91 The Chairman addressed the Blake Dawson Waldron Broadcasting Seminar, in Sydney.

13.2.92 Ms Brooks addressed the Victorian Chamber of Commerce Pay TV Conference.

24.2.92 The Chairman addressed the Producers' and Directors' Guild.

24-25.2.92 The Chairman addressed the Broadcasting Reform Conference on 'The Role of the ABT Regulator' at the Hilton International Hotel, in Sydney.

4.3.93 The Chairman addressed the Australian Institute of Criminology Conference, in Sydney.

6.3.92 The Chairman addressed the Aboriginal Conference 'Future of Australia's Dreaming' on Radio Program Standard 3, in Sydney.

133 9.3.92 The Chairman gave an address entitled 'Analysis of Government's Regulatory Regime' at the Pay TV Conference in Sydney.

6.5.92 The Chairman addressed the Gosford Probus Oub.

11.5.92 The Chairman addressed media students at Sydney University.

11.6.92 The Vice-Chairman addressed a luncheon organised by the Communications and Media Law Association.

134 APPENDIXB

MEETINGS OF THE TRIBUNAL

The Tribunal held regularly scheduled meetings to deal with the normal business of the Tribunal in the period under review and, in addition, met to consider urgent matters as they arose. Subject to certain conditions, the official minutes of Tribunal meetings and records of meetings with outside bodies such as industry bodies are available in each of the Tribunal's offices, in the Department of Transport and Communications (Broadcasting Policy Division) in Canberra, the State Reference Library in Darwin and the State Library of Tasmania in Hobart. Access to the records of other meetings is available through the provisions of the Freedom of Information Act 1982.

Consultation: Meetings with Outside Persons and Bodies

In the period, the Tribunal consulted with representatives of public radio and commercial radio and television services, in accordance with the provisions of s.16(2) of the Broadcasting Act 1942, and also with representatives of the broadcasting industry bodies, as has been its normal practice.

Meetings are arranged and conducted in accordance with the practices set out in the Tribunal's Practice Note PRN 04 - Meetings and Other Contact With The Tribunal. Members and staff were in attendance at the following meetings: Federation of Australian Radio Broadcasters (FARB) 19.7.91 Federation of Australian Commercial Television Stations (FACTS) 30.7.91 Media and Communications Council (MACC) 28.8.91

Alice Springs FM Pty Ltd 4.9.91

FACTS 24.10.91 Public Broadcasting Association of Australia (PBAA) 31.10.91 FARB 31.10.91

Advertising Federation of Australia 19.11.91 Australian Association of National Advertisers 25.11.91

MACC 3.12.91

FACTS 4.2.92 Geraldton FM Pty Ltd 5.2.92 Great Northern Broadcasters Ltd 5.2.92 Harbour Radio Pty Ltd 14.2.92

FARB 17.3.92 MACC 18.3.92 PBAA 27.3.92

Totalizator Agency Board, Western Australia 2.4.92 FACTS 27.4.92

135 Victorian Film and Television Production Industry 14.5.92 Victorian Public Radio Licensees 15.5.92 Victorian and Tasmanian Commercial Radio Licensees 15.5.92 Victorian and Tasmanian Commercial Television Licensees 15.5.92 FACTS 2.6.92 FARB 3.6.92

136 APPENDIXC

PUBLIC INQUIRY REPORTS PUBLISHED DURING 1991-92

Reports are ranked by state and alphabetically in call sign order, where appropriate. Metropolitan licences are ranked ahead of regional licences, and television is ranked ahead of radio.

FILE NO. TinE REPORT DATE

88/142/10 A1N, HSV, B'IQ-Qintex Group-Share Transaction 23/10/91 88/170/10 A1N, HSV, B1Q, MVQ SEQ-Qintex/FAI Insurance Ltd - Share Transaction 2/10/91 92/54/10 A1N, HSV, B1Q, MVQ SEQ SAS, TVW - FAI Insurances/Lader Pty Ltd - Share Transaction 19/6/92 88/130/10 A1N, HSV, B1Q, MVQ SEQ - Qintex/ AMP Society - Share Transaction 2/10/91 88/157/10 A1N, HSV, B1Q, MVQ SAS, 1NQ SEQ - Skase/Qintex - Share Transaction 16/10/91 91/55/10 A1N, HSV, B1Q, SAS, TVW - Seven Network Ltd/West Central Seven Ltd, Television Holdings Ltd - Share Transaction 12/6/92 91/88/10 A1N, HSV, B1Q, MVQ SEQ TVW - Qintex/Queensland Invesbnent Corporation - Share Transaction 22/1/92 90/46/10 A1N, TEN, NRN, R1N, ATV, HSV, BCV, GLV, BTQ ITQ MVQ TVQ SEQ NWS, SAS, SES, TVW, TNT - ANZ Banking Group Ltd - Registered Lender 8/11/91 91/2/10 TCN, GTV, QTQ 6PM, 6AM, 6KA, 6KG, 6NW - Nine Network Australia/Lenvoka Pty Ltd, Halfar Pty Ltd, Manden Prods Pty Ltd - Share Transaction 8/7 /91 92/8/10 TCN, GTV, QTQ ITQ 1NQ QQQ NID, 6PPM, 6KG - Murray Leisure Group/Mancross Pty Ltd- Share Transaction 10/2/92 88/120/10 TCN, GTV, QTQ STW - Toronto Dominion Aust. Ltd- Loan Interest 20/11/91 88/121/10 TCN, GTV, QTQ STW - Bank of China - Loan Interest 20/11/91 88/122/10 TCN, GTV, QTQ STW - Tayio Kobe Australia Ltd - Loan Interest 20/11/91 91/22/10 TCN, GTV, QTQ STW - State Bank of NSW - Loan Interest 20/11/91 91/78/10 Nine Network: Inquiry into the Proposed Purchase of Fairfax Pty Ltd by Tourang 13/12/91 89/189/10 TEN, CTC, ATV, TVQ ADS - Quaestor Pty Ltd/ Northern Star Holdings - Share Transaction 15/8/91 91/44/10 TEN, ATV, TVQ - Thames Television pk/Thom EMI Pty Ltd - Share Transaction 7 /8/91 91/51/10 TEN Sydney- Television Telecasters/Sydney TV Pty Ltd - Licence Transfer 27 /9/91 91/54/10 TEN, ATV, - Ten Network/Television Telecasters, Westpac - Share Transaction 14/2/92

137 FILE NO. TITLE REPORT DATE

91/48/IO BKN, GTS - Spencer GuH Telecasters Ltd/VC Sturrock - Share Transaction 28/8/91 90/107/IO CBN, NEN - Ramcorp Ltd/Paul Ramsay Holdings Pty Ltd -Share Transaction 23/9/91 90/95/IL CBN Central Tablelands - Licence Renewal 9 /9 /91 90/60/IO M1N Griffith- Linter Group/LO Maxsted, J Harkness - Share Transaction 26/6/92 91/39/IO MTN - Quoiba Ltd/Lochfield Cons Pty Ltd - Licence Transfer 26/7 /91 88/38/IO MTN, 2DU, 2LM, 2MG, 2MW, 2PK, 2RG, 4AK, 4GY - Broadcasting Operations Pty Ltd/ BG & PA Caralais - Share Transaction 9 /8/91 90/30/IL NENNew England/Mid North Coast- Licence Renewal 14/10/91 88/131/IO NRN, RTN, RTQ TVQ - Northern Rivers Television Ltd, Rockhampton Ltd/Meridian Holdings Ltd, Kapel Holdings Ltd - Share Transaction 11 /7 /91 90/155/10 NRN, RTN, DDQ- Darling Downs TV Ltd/ Aspermont Ltd - Share Transaction 24/4/92 89 /34/IL RVN Wagga Wagga - Licence Renewal 9/9/91 92/19 /IO RVN, AMV - Riverina & Nth East Vic TV Pty Ltd/ Prime Television (Vic) Pty Ltd - Share Transaction 20/2/92 90/115/IL WIN SouthemNSW - Licence Renewal 4/7 /91 90/7 /IL CTC Canberra - Licence Renewal 4/7 /91 91/52/IO A TV Melbourne - Television Telecasters/ Melbourne TV Pty Ltd - Licence Transfer 27 /9 /91 92/32/IO BCV, GLV, STW, TNT - Sunraysia Television Ltd/Sabtel Pty Ltd -Share Transaction 8/4/92 90/ 19/ IO STV - Burnbay Investments Pty Ltd/Bond Media Ltd-Share Transaction 8/7/91 90/ 153/10 ITQ TNQ- Telecasters Nth Qld Ltd/ ANZ Banking Group - Loan Interest 25/11/91 87 /75 /IO MVQ 4MK - Universal Radio Ltd, Mackay Television Ltd/ Tora Bran Nominees, Barrier Reef Broadcasting Ltd, Universal Television Pty Ltd-Share Transaction 20/12/91 90/ 154 / 10 MVQ Mackay- Mackay TV, Wide Bay Burnett TV Ltd/ ANZ Banking Group - Loan Interest 25 /11 /91 91/27 /IL RTQ Rockhampton - Licence Renewal 18/10/91 91/30/IL RTQ TNQ- Inquiry into giving directions to NNAL 23/6/92 88I159 /10 TNQ Regional Queensland - Telecasters Nth Queensland Ltd, Nexbury Pty Ltd/Nexbury Pty Ltd, Wilco Marketing South Pty Ltd - Share Transaction 20/2/92 90/102/IL TNQ Regional Queensland - Licence Renewal 18/10/91 92/2/10 STW Perth - Sunraysia Television Ltd/Tricontinental Corporation Ltd -Share Transaction 8/1/92 91 / 53/10 TVQ Brisbane-Television Telecasters/Brisbane TV Pty Ltd - Licence Transfer 27 /9 /91

138 FILE NO. TITLE REPORT DATE

92/51/IO 2CH Sydney - MLC Life Ltd/ AWA Ltd - Share Transaction 12/6/92 90/ 104/IO 2CH Sydney - AW A Ltd/Camberley Pty Ltd - Share Transaction 1/11/91 90/105/IO 2CH Sydney - Radio 2CH Pty Ltd I AWA Ltd - Share Transaction 2/9/91 88/34/IO 2KY Sydney - 2KY Broadcasting Pty Ltd/Labour Council of NSW 9/12/91 88/185/IL 2UE Sydney - Licence Renewal 23/8/91 91/66/IO 2UE Sydney - Radio 2UE Pty Ltd/Lyndeal Pty Ltd - Share Transaction 14/1/92 87/ 619 / IO 2UE Sydney- Radio 2UE Sydney Pty Ltd/TCN Channel Nine Pty Ltd - Share Transaction 8/7/91 92/39/IO 2SM Sydney - Radio 2SM Pty Ltd/Lawrence Pty Ltd - Share Transaction 3/6/92 89/31/IL 2A Y Albury Wodonga - Licence Renewal 11/7/91 90/62/ IL 2DU Dubbo - Licence Renewal 9/8/91 90/ 24/IL 2EAR Eurobodalla - Licence Renewal 4/12/91 90/40/IL 2EC Bega - Licence Renewal 17 /7 /91 90/ 149/IO 2EC Bega - Christina Grant Invesbnents Pty Ltd/ Zarnopress Pty Ltd - Share Transaction 17 /7 /91 90/27/IL 2GF Grafton - Licence Renewal 11/2/92 90/29/IL 2GN Goulbum - Licence Renewal 11/2/92 90/52/IL 2KO Newcastle - Licence Renewal 13/12/91 91/57 / IO 2LF, 2WG, 3KKZ, 5KKA, 7LA - Industrial Printing and Publicity Co. Ltd/S Bibnead & E Parker - Share Transaction 20/9/91 90/12/IL 2LT Lithgow - Licence Renewal 18/10/91 90/63/IL 2MG Mudgee - Licence Renewal 9/8/91 89/148/ IL 2MWM Manly Warringah - Licence Renewal 1/ 10/91 9/ 142/ IL 2NBC Narwee - Licence Renewal 15/10/91 89 / 146/IL 2NSB Chatswood - Licence Renewal 15/8/91 90/90/IL 2PK Parkes - Licence Renewal 9/8/91 90/ 41/IL 200 Wollongong- Licence Renewal 30/8/91 89/143/ IL 2RES East Sydney - Licence Renewal 29/7 /91 90/44/IL 2REM Albury /Wodonga - Licence Renewal 10/1/92 89/147 /IL 2RDJ Burwood - Licence Renewal 23/12/91 89 /144/IL 2RRR Ryde - Licence Renewal 11/2/92 92/33/IO 2ST Nowra - South Coast & Tablelands Broadcasting Pty Ltd/ Christina Grant Invesbnents - Share Transaction 26/3/92 90/139/IL 2TEN Tenterfield - Licence Renewal 20/2/92 90/ 132/IL 2VM Moree - Licence Renewal 4/12/91 90/64/IL 2WKT Bowral - Licence Renewal 1/10/91 90/39/IL 2WL Wollongong - Licence Renewal 3/7 /91 90/65/IL 2XL Cooma - Licence Renewal 10/3/92 90/14/IL 2YOU Tamworth - Licence Renewal 23/6/92 91/28/IL 3A W Melbourne - Variation or Revocation of Licence Condition 14/1/92

139 FILE NO. TITLE REPORT DATE

90/128/IL 3RIM Melbourne - Licence Renewal 25/10/91 90/ 129/IL 3RPP Melbourne - Licence Renewal 28/8/91 89/159/IL 3UZ Melbourne - Licence Renewal 27/2/92 91/40/10 3UZ Melbourne - Radio 3UZ Pty Ltd/Victorian Amateur Turf Oub, Victorian Country Racing Council Inc., Harness Racing Board - Share Transaction 11/7/91 91/61/10 3XY Melbourne - A WA Media - Licence Transfer 31/10/91 90/ 34/IL 3BA Ballarat - Licence Renewal 8/7/91 91/74/10 3BAY Geelong - The Geelong Independent - Licence Transfer 20/12/91 90/26/IL 3BBB Ballarat - Licence Renewal 29/8/91 89/51/IL 3CCC Bendigo /Castlemaine - Licence Renewal 13/11/91 90/ 17/IL 3CAT Geelong - Licence Renewal 19/11/91 92 / 55/ 10 3GG Gippsland- Votraint No. 691 Pty Ltd - Licence Transfer 30/ 6/ 92 90/ 83 / IL 3GG Gippsland - Licence Renewal 17/12/91 92/29/10 3MA Mildura - Promote Pty Ltd - Licence Transfer 3/3/92 90/43/ IL 3RPC Portland - Licence Renewal 2/4/92 90/ 82/ IL 3WRB Melbourne - Licence Suspension 21/4/92 90/ 99/ IL 3WRB Melbourne - Imposition of Licence Conditions 21 / 4/ 92

89 / 95/IL 4AK Oakey - Licence Renewal 9/8/91 91/73/10 4BH - Queensland Radio Ltd/ML Stafford - Share Transaction 10/4/92 89 / 98 / IL 4CC Gladstone - Licence Renewal 12/11/91 89/79/ IL 4CRB Burleigh Heads - Licence Renewal 15/7 / 91 89/ 94 / IL 4GR Toowoomba - Licence Renewal 20/ 9/ 91 89 / 99/ IL 4GY Gympie - Licence Renewal 9/ 8/ 91 87/ 136/ 10 4HI, 4LG - Emerald Broadcasting Co./ Barrier Reef Broadcasting Co. - Share Transaction 6/12/91 91 / 41 / 10 4HI Emerald - Queensland Regional Broadcasters Pty Ltd/ Maranoa Broadcasting Co. Ltd - Share Transaction 11/2/ 92 91 / 42 / 10 4HI Emerald - Maranoa Broadcasting Pty Ltd/ Berry, Coomber, McVean - Share Transaction 11/2/92 91 / 43 / 10 4HI Emerald - Queensland Regional Broadcasters Pty Ltd/ Portlook Pty Ltd - Share Transaction 11/7/91 89 / 198/ IL 4LG Longreach - Licence Renewal 31/10/91 89/ 93 / IL 4WK Warwick - Licence Renewal 27/ 2/ 92 88/ 101 / IL 4SB Kingaroy - Licence Renewal 9/ 10/ 91 88 / 37/10 4SB Kingaroy - Forsby Pty Ltd/ South Burnett Times Pty Ltd - Share Transaction 9/10/91 92/ 1/ 10 4VL Charleville - Concept Service Mart/ L Sims - Share Transaction 24/2/92

89/ 177/ IL 5KKA Adelaide - Licence Renewal 2/ 4/92

140 FILE NO. TITLE REPORT DATE

92/37/IO SAU, SRM - Lanson Invesbnents Pty Ltd/ Albury Banner Pty Ltd - Share Transaction lS/4/92 89/7/IL SCC Port Lincoln - Licence Renewal 23/12/91 89/10/IL SCS Crystal Brook - Licence Renewal 23/12/91 91/7S/IO SRM Remnark - Murray River Broadcasters Pty Ltd/ Murray River FM Pty Ltd - Share Transaction 11/2/92

91/64/IO 6IX, 6BY, 6NA, 6TZ, 6WB - The Eagle Ltd/Grangeridge Nominees Pty Ltd - Share Transaction 16/6/92 89 /24 /IL 6PPM Perth - Licence Renewal 9/8/91 89/20/IL 6AMNortham- Licence Renewal 4/7 /91 90/156/IO 6AM 6VA - Bond Media Ltd -Share Transaction 4/7/91 91/91/IO 6AM, 6VA- West Australian Radio Network Pty Ltd/ Kangaroo Holdings Pty Ltd - Share Transaction 31/12/91 88/161 / 10 6BY, 6VA, 6WB- Bond Group-Share Transaction 8/7 /91 91/62/IO 6BY, 6NA, 61Z, 6WB - Grangeridge Nominees Pty Ltd/ Frank Oreste Romano - Share Transaction 16/6/92 91I63 / IO 6BY, 6NA, 61Z, 6WB - Grangeridge Nominees Pty Ltd/ John Albert, Dale Watts - Share Transaction 16/6/92 89I19 / IL 6GE Geraldton - Licence Renewal 16/7/91 90/138/IO 6GE Geraldton-GreatNorthem Broadcasters Pty Ltd/Batavia Coast Broadcasters Pty Ltd- Share Transaction 16/7 /91 90/113/IL 6KA Karratha - Licence Renewal 1/10/91 90/70/ IL 6KA, 6NW - Revocation of Licence Condition 1/10/91 91/21/IO 6KA, 6NW - Glenstar Pty Ltd/Wairoa Pty Ltd -Share Transaction 1/10/91 89/23/IL 6KG Kalgoorlie - Licence Renewal 4/9/ 91 89/23/ IL 6LN Carnarvon - Licence Renewal 4/9/91 90/ 74/IL 6NEW Newman - Licence Renewal 18/11/91 90/112/IL 6NW Port Hedland - Licence Renewal 1/10/ 91 89/164/IO 6V A Albany - Bond Media Ltd - Share Transaction 4/7/91 90/66/IL 6V A Albany - Licence Renewal 4/7/91

90/123/IL 7THE Hobart - Licence Revocation 21/10/91

90/136/IO 8DN Darwin - Abdilin Pty Ltd, Greenwich Pty Ltd/Darwin Broadcasters Pty Ltd, Northern Territory FM Ltd - Share Transaction 4/10/91 91 / 37 / IO 8DN Darwin - Territory Broadcasting Pty Ltd - Licence Transfer 2/10/91 91 / 87 /IO 8DN Darwin - Tribunal initiated - exercise of power under s. 92P 31/3/92 89 /85 /IL Remote Stereo Nth/East Zone - Licence Grant 28/2/92

141 FILENO. 1ITLE REPORT DATE

92/44/LL Cessnock - Beecroft Audio Publications Pty Ltd - Limited Licence Grant 8/5/92 91/18/IL Sutherland - Public Radio Licence Grant 7 /8/91 91/77 /IL Blue Mountains - Public Radio Licence Grant 4/6/92 92/28/IL Broken Hill -Far West Radio Pty Ltd - Licence Grant 15/4/92 91/20/IL Forbes - Public Radio Licence Grant 16/4/92 91/11/IL Gosford- Public Radio Licence Grant 1/11/91 88/119/IL Lismore-Commercial Radio Licence Grant 13/5/92 91/56/LL Mt Blue Cow- Alpine Broadcasters Pty Ltd - Limited Licence Grant 3/9 /91 92 / 41/LL Newcastle - Newcastle Ouistian Broadcasters Ltd - Limited Licence Grant 8/4/92 90/73/IL Wagga - Wagga & Riverina FM Stereo Broadcasters Pty Ltd - Commercial Radio Licence Grant 14/11/91 91/60/LL Canberra - Champion Productions Pty Ltd - Limited Licence Grant 11/11/91 92/34/ LL Melbourne - Fusion Australia Ltd - Limited Licence Grant 2/4/92 91/79/ LL Ballarat - Australian Red Cross Society (Vic) - Limited Licence Grant 3/12/ 91 92/ 49 / LL Ballarat Tourist Association - Limited Licence Grant 2/6/ 92 92/31/ LL Bellarine - Bellarine City Rural Council - Limited Licence Grant 2/4/92 91 / 67 / IL East Gippsland - Public Radio Licence Grant 30/ 6/92 92/ 9/ LL Falls Creek - Alpine Broadcasters - Limited Licence Grant 10/2/92 91/1/ IL Mallacoota - Public Radio Licence Grant 17/12/ 91 91/83/ LL Momington Peninsula - Television Entertainers of Australia - Limited Licence Grant 3/1/92 91 / 45/ LL Mt Buller - Alpine Broadcasters Pty Ltd - Limited Licence Grant 31/7/91 92 / 5/ LL Mt Buller - Alpine Broadcasters Pty Ltd - Limited Licence Grant 10/ 2/92 92/ 42/ LL Mt Buller - Alpine Broadcasters - Limited Licence Grant 13/ 4/ 92 91 / 80/ LL Murray River - Scout Association of Australia (Vic Branch) - Limited Licence Grant 3/12/ 91 89 / 82/ IL Brisbane - Public Radio Licence Grant 3/9/ 91 92 / 3/ LL Mirage Golf Course - Brisbane TV Ltd - Limited Licence Grant 9/1/92 92 / 50/ LL Ivory Rock - Pacific Vision Pty Ltd - Limited Licence Grant 26/5/92 88 / 198/ IL Mackay-Commercial FM Radio Licence Grant 31 / 12/91 92 / 15 / LL Surfer's Paradise - Gold Coast Events Co Pty Ltd - Limited Licence Grant 11 /2/92 92/ 17/ LL Surfer's Paradise - Queensland Television Ltd - Limited Licence Grant 17/2/92 91 / 72 / IL Townsville -Public Radio Licence Grant 15/4/92 91 / 82/ LL Willowbank - Willowbank Raceway Inc.- Limited Licence Grant 11/12/91 91 / 85/ LL Adelaide - Adelaide Festival of the Arts - Limited Licence Grant 18/12/ 91 91 / 12/ IL Adelaide - Public Radio Licence Grant 17/12/91 91 / 14/ IL Adelaide - Public Radio Licence Grant 10/12/91 91 / 59 / LL Adelaide - Australian Formula One Grand Prix Board - Limited Licence Grant 25/9/91

142 FILE NO. TITLE REPORT DATE

91/76/LL Glenelg - Corporation of Glenelg - Limited Licence Grant 20 /11 /91 91/49/LL Barossa Valley- Information Purposes- Limited Licence Grant 23/8/91 92/4/LL Hahndorf -Hahndorf Tourist Association Inc- Limited Licence Grant 3/2/92 91/89/IL Katherine - Katherine Community Radio Inc. - Public Radio Licence Grant 12/5/92 87/ 49 / IL Alice Springs - Supplementary Radio Licence Grant 9I10 /91

143 APPENDIXD

NEWS RELEASES ISSUED DURING 1991-92

Number Date Subject

NR46/1991 8.7.91 ABT INVITES DEBATE ON CURRENT AFFAIRS PAPER

NR47/ 1991 9.7.91 ABT O:KAYS TWO SOUTHERN NSW 1V LICENCES

NR48/1991 10. 7.91 SPECIAL ABT VISIT TO GOLD COAST'S 4CRB

NR49/1991 12. 7.91 JOHN LAWS BREACHES RADIO STANDARDS

NR.50/1991 15. 7.91 ABT RENEWS 4CRB FDR ONE YEAR ONLY

NRSl/1991 18. 7.91 RELEASE OF ABT REPORT ON C~PRODUCTIONS

NR52/ 1991 19. 7.91 ABT STATEMENT ON MEDIA-OWNERSHIP

NR53/1991 30. 7.91 ABT TO VISIT WAGGA FDR NEW FM LICENCE INQUIRY

NR54/ 1991 31. 7.91 COMMUNI1Y CONCERN SPARKS NEW ABT INQUIRY

NRSS/ 1991 9.8.91 ABT GRANTS NEW SUTHERLAND SHIRE LICENCE

NR56/ 1991 23.8.91 ABT NOTIFICATION RE SUBMISSION DEADLINES FDR ADVERTISING TIME INQUIRY AND TPS12 INQUIRY

NR57/ 1991 26.8.91 ABT ANNOUNCES NEW INQUIRIES INTO TEN, A 1V AND 1VQ

NR58/ 1991 27.8.91 RADIO ADVERTISING REVENUE DOWN

NR59/ 1991 3.9.91 ABT FOREIGN CONTENT AND AD TIME INQUIRIES UPDATED

NR60/1991 6.9.91 ABT SETS DEADLINE FOR NTFM AND TERRITORY BROADCASTING

NR61 / 1991 10.9.91 ABT SEX AND NUDI1Y INQUIRY UPDATE

NR62/ 1991 11.9.91 ABT RENEWS PRIME 1V LICENCES

NR63/ 1991 16.9.91 ABT HOLDS URGENT HEARING FDR 3XY

NR64/ 1991 16.9.91 FAIRFAX BIDDERS APPROACH ABT

NR65/ 1991 17.9.91 ABT ANNOUNCES NEW INQUIRY INTO SEVEN NETWORK

NR66/ 1991 17.9.91 ABT STATEMENT ON AFR ERROR

NR67/ 1991 19.9.91 ABT STATEMENT ON TALKS WITH FAIRFAX BIDDERS

NR68/ 1991 23.9.91 BROADCASTING REGULATION NEEDS REFDRM

NR69/ 1991 27.9.91 AUSTRALIAN FILM & 1V PRODUCT TO GO GLOBAL

144 Number Date Subject

NR70/1991 29.9.91 AUS. o-IILDREN'S 1V STANDARDS ADOPTED BY ASIA PACIFIC CONFERENCE

NR71/1991 1.10.91 ABT APPROVES TEN NETWORK LICENCE TRANSFERS

NR72/1991 3.10.91 ABT DECISION ON GRAND PRIX ADVERTISEMENlS

NR73/1991 3.10.91 ABT REFUSES TRANSFER OF 8DN DARWIN LICENCE

NR74/1991 10.10.91 ABT GRANlS NEW ALICE SPRINGS FM RADIO LICENCE

NR75/1991 11.10.91 ABT CRITICAL OF JOHN LAWS' BROADCASTS

NR76/1991 16.10.91 TIIlRD REVIEW OF AUSTRALIAN BROADCASTING

NR77/1991 17.10.91 ABT RENEWS NEN 1V LICENCE

NR78/1991 22.10.91 ABT RENEWS Q1V AND WIN 1V LICENCES

NR79/1991 23.10.91 ABT DECIDES NOT TO REVOKE "THE FM" LICENCE

NR80/1991 24.10.91 ABT KIDZ 1V REPORT LAUNCH

NR81/1991 1.11.91 ABT GRANlS NEW CENTRAL COAST RADIO LICENCE

NR82/1991 4.11.91 NEW ABT RESEARCH ON COMMUNITY ATTITUDES

NR83/1991 6.11.91 ABT ISSUES NOTICES TO FAIRFAX RECEIVER

NR84/1991 8.11.91 FAIRFAX RECEIVER ANSWERS ABT QUESTIONS

NRSS/1991 11.11.91 ABT ANNOUNCES 1V CLASSIFICATION INQUIRY

NR86/1991 13.11.91 TRIBUNAL RE-ISSUES NOTICES TO FAIRFAX RECEIVERS

NR87/1991 14.11.91 RADIO ADVERTISING REVENUE DIPS 3.7 PERCENT

NR88/1991 13.11.91 ABT COMMENDS TELEVISION COVERAGE OF STRA THFIELD MASSACRE

NR89/1991 14.11.91 ABT SEEKS INFORMATION ABOUT lDURANG LTD

NR90/1991 17.11.91 WAGGA 1D GET NEW FM RADIO SERVICE

NR91/1991 18.11.91 FAIRFAX RECEIVER CONTINUES TO ANSWER ABT QUESTIONS

NR92/1991 19.11.91 ABT SEEKS FURTHER INFORMATION ABOUT lDURANG LTD

NR93/1991 21.11.91 ABT ANNOUNCES NEW ADVERTISING CONTENT STANDARD

NR94/1991 21.11.91 ABT 1D MEET WITH PUBLIC INTEREST GROUPS ON FAIRFAX

NR95/1991 25.11.91 ABT MEETS TONIGHT FDR DECISION ON FAIRFAX

NR96/1991 28.11.91 ABT FAIRFAX INQUIRY GETS UNDERWAY

145 Number Date Subject

NR97/1991 29.11.91 ABT lDURANG INQUIRY UPDATE

NR98/1991 4.12.91 ABT GIAIRMAN WELCOMES NEW BROADCASTING BILL

NR99/1991 4.12.91 FAIRFAX INQUIRY UPDA1E

NRl00/1991 5.12.91 NEW STANDARD FOR CURRENT AFFAIRS

NRlOl/ 1991 5.12.91 ABT HOLDS 3BAY GEELONG HEARING

NR102/1991 5.12.91 ABT RENEWS 2VM LICENCE

NR103/ 1991 9.12.91 ABT 1D HOLD 2YOU PUBLIC HEARING

NR104/1991 12.12.91 ABT DECIDES TURTLES ARE NOT AN ADVERTISEMENT

NRlOS/1991 13.12.91 ABT CLOSES FAIRFAX INQUIRY

NR106/ 1991 13.12.91 ABT GRANTS NEW PUBLIC RADIO LICENCE IN ADELAIDE

NR107/ 1991 18.12.91 CHRISTIAN FM RADIO SERVICE FOR ADELAIDE

NR108/ 1991 18.12.91 ABT GRANTS MALLACOOTA COMMUNITY RADIO LICENCE

NR109/ 1991 19.12.91 ABT DRAFT STANDARD ON TV ADVERTISING TIME

NRll0/ 1991 20.12.91 ABT BEGINS NTFM INQUIRY

NRlll/ 1991 24.12.91 ABT RENEWS SA RADIO LICENCES

NRl/1992 3.1.92 ABT IMPLEMENTS POLffiCAL ADVERTISING BAN

NR2/ 1992 8.1.92 ABT RESPONDS TO CALLS FOR AD-BAN CLARIFICATION

NR3/ 1992 17.1.92 ABT HOLDS BALLOT FOR TASMANIAN INDEPENDENTS' AIRTIME

NR4/ 1992 21.1.92 NSW LOCAL GOVERNMENT ELECTION MAY AFFECT LIBERALS' ADVERTISING

NRS/ 1992 30.1.92 ABT ANNOUNCES ACT POLITICAL ADVERTISING TIME

NR6/ 1992 13.2.92 AUSTRALIAN FILM AND TV WILL NEED SUPPORT

NR7/ 1992 13.2.92 STATEMENT ON 'FAT CAT' PROGRAM

NR8/ 1992 14.2.92 ST A TEMENT REGARDING 8DN LICENCE SURRENDER APPLICATION

NR9/ 1992 14.2.92 ABT APPROVES WESTPAC AS FIT & PROPER

NRl0/ 1992 17.2.92 ABT ID REVIEW DISCRIMINATION STANDARDS

NRll/ 1992 17.2.92 COMMEROAL NETWORKS MEET CHILDREN'S DRAMA STANDARDS

146 Number Date Subject

NR12/1992 19.2.92 RADIO ADVERTISING REVENUE LEVELLING OUT

NR13/1992 21.2.92 ABT TAKES ACTION ON DARWIN LICENCE INQUIRY

NR14/1992 24.2.92 NEW LEGISLATION TO IMPROVE BROADCASTING REGULATION

NR15/1992 25.2.92 ABT LIMITS TV ADVERTISING TIME

NR16/1992 25.2.92 ABT REFUSES OWNERSHIP CHANGE FDR 4VL CHARLEVILLE

NR17/1992 25.2.92 AUSTRALIAN PRODUCED PROGRAMS DOWN

NR18/1992 2.3.92 NEW ABT RESEARCH ON COMPLAINTS

NR19/1992 2.3.92 NEW SATELLITE RADIO SERVICE FDR QLD AND NSW

NR20/1992 15.3.92 ABT EXAMINES CHILDREN'S TV PROCEDURES

NR21/1992 17.3.92 SA BY-ELECTION MAY AFFECT POLITICAL ADVERTISING

NR22/1992 18.3.92 ABT RESPONDS TO PREMIER GOSS ABOUT SKIPPY

NR23/1992 20.3.92 ABT ANNOUNCES NEW CHILDREN'S TV PROCESS

NR24/1992 22.3.92 RADICAL CHANGES FDR CHILDREN'S TV CLASSIFICATION

NR25/1992 27.3.92 WA ELECTIONS MAY AFFECT POLITICAL ADVERTISING

NR26/1992 3.4.92 ABT RELEASES DRAFT GUIDELINES FDR PRODUCERS OF CHILDREN'S TV

NR27/1992 10.4.92 ABT APPROVES GIILDREN'S TV PROGRAMS

NR28/1992 14.4.92 NSW BY-ELECTION MAY AFFECT POLITICAL ADVERTISING

NR29/1992 16.4.92 ABT GRANTS NEW BROKEN HILL RADIO LICENCE

NR30/1992 16.4.92 2WAY IS lOOTH PUBLIC RADIO STATION

NR31/1992 21.4.92 3WRB MEMBERS TO VOTE ON RULE CHANGES

NR32/1992 23.4.92 TASMANIAN ELECTIONS AND POLffiCAL ADVERTISING

NR33/1992 28.4.92 ABT GRANTS FORBES COMMUNITY RADIO LICENCE

NR34/1992 15.5.92 AD REVENUE CLIMBS FDR METRO NEWS/TALK RADIO

NR35/1992 13.5.92 ABT DECIDES NOT TO GRANT LISMORE LICENCE

NR36/1992 14.5.92 TV NETWORKS MEET ABT STANDARDS

NR37/1992 18.5.92 ABT EXTENDS SUBMISSION PERIOD FOR DARWIN LICENCE INQUIRY

147 Number Date Subject

NR38/1992 22.5.92 ABT COMMENCES INQUIRY INTO GRANT OF SUPPLEMENTARY FM RADIO LICENCE FOR LISMORE NR39/1992 22.5.92 ABT REVIEWS 'SEX' PROGRAM NR40/1992 28.5.92 ABT COMMENCES INQUIRY INTO RENEWAL OFNRTV LICENCE NR41/1992 2.6.92 CHANNEL NINE'S 'SEX' PROGRAM NOT IN BREACH NR42/1992 5.6.92 ABT GRANTS BLUE MOUNTAINS RADIO LICENCE

NR43/1992 11.6.92 ABT CLASSIF1ES 30 NEW CHILDREN'S TV PROGRAMS NR44/1992 12.6.92 ABT APPROVES SALE OF SEVEN NETWORK NR45/1992 12.6.92 ABT 1D HOLD 2GLA PUBLIC CONFERENCE NR46/1992 19.6.92 ABT HEARING IN ALBURY NEXT WEEK NR47/1992 22.6.92 ABT CONSUL1S VIEWERS ON TV CLASSIF1CA TION NR47A/1992 22.6.92 ABT CONSUL1S VIEWERS ON TV CLASSIF1CA TION NR47B/1992 22.6.92 ABT CONSUL1S VIEWERS ON TV CLASSIF1CA TION NR47C/1992 22.6.92 ABT CONSUL1S VIEWERS ON TV CLASSIF1CA TION NR47D/1992 22.6.92 ABT CONSUL1S VIEWERS ON TV CLASSIF1CA TION NR47E / 1992 22.6.92 ABT CONSUL1S VIEWERS ON TV CLASSIF1CA TION NR47F/ 1992 22.6.92 ABT CONSUL1S VIEWERS ON TV CLASSIF1CA TION NR48 / 1992 22.6.92 ABT SEEKS UNDERTAKING FROM THE MEDIA COMP ANY NR49/ 1992 24.6.92 2YOU LICENCE RENEWED NRS0/ 1992 24.6.92 ABT 1D REVIEW REMOTE COMMERCIAL TV LICENCES NRSl / 1992 26.6.92 ABT HEARING IN KUNUNURRA NR52 / 1992 26.6.92 ABT PRESENTATION AT SHEPP ARTON CONFERENCE NR53 / 1992 30.6.92 TV & RADIO REPORT LOSSES IN 1990-91 NR53A/1992 30.6.92 WA RADIO & TV REVENUE FALLS IN 1990-91

NR53B / 1992 30.6.92 QLD RADIO & TV REPORT LOSSES IN 1990-91

NR53C / 1992 30.6.92 SA RADIO & TV REPORT LOSSES IN 1990-91 NR53D/1992 30.6.92 VIC RADIO & TV REPORT LOSSES IN 1990-91

148 APPENDIXE

NUMBER AND NATURE OF COMPLAINTS 1991-92

No. % TELEVISION (COMMERCIAL)

Program Classification 3548 48 Program Promotions 1023 14

Content of Advertisements 988 13 Amount of advertising 263 4 Program scheduling 230 3 Bias in news and current affairs 100 1 Other 661 9

Total commercial television 6813 92

COMMERCIAL RADIO Offensive matter 215 3 Discriminatory broadcasts 92 1 Other 206 3

Total commercial radio 513 7

PUBLIC RADIO General 81 1

COMPLAINTS -TOTAL 7407 100

149 APPENDIXF

REPORT TO THE TRIBUNAL BY THE CHILDREN'S PROGRAM C01\1MIITEE

As was widely reported in the Australian media in March this year, the Children's Program Committee was disbanded and the Australian Broadcasting Tribunal adopted internal assessment procedures for the classification of children's programs. Nevertheless, the committee operated in its advisory role up to 20 March 1992. This report covers the period 1July1991 to that date. Following on from a particularly heavy workload in the previous year, the Children's Program Committee noted a marked decline in the number of applications for renewal of C classification, and a slight decline in the assessment workload for new C programs but a significant rise in the workload for C Australian Drama applications. The assessment of drama applications at script stage represents a substantially more complex assessment task than does the viewing of completed programs and is also more time consuming. The committee was pleased to see positive results flowing from the introduction of the new Children's Television Standards (CTS) on 1January1990, particularly in a number of outstanding Australian children's drama programs. Those particularly worthy of note during the past year include - 'Clowning Around', 'Halfway Across the Galaxy and Tum Left', 'Rhino Christmas', 'Round the Twist 2'. The committee continued to emphasise its objective that children should have regular access to quality television programs made specifically for them, including Australian drama and non­ drama programs.

Apart from the regular workload of assessments considered at its monthly meetings, the committee met with a large number of producers and writers of children's programs and with representatives of commercial television networks. These meetings were held during scheduled committee sittings and at other times on request to accommodate production schedules. Meetings provided the opportunity for detailed discussion of specific applications and the assessment and classification process. The committee held its March 1992 meeting in Melbourne and invitations were extended beforehand to regular applicants from Victoria and South Australia. The Chairperson and Deputy Chairperson planned to make a special visit to Perth in May 1992 to meet with producers, writers, community groups and other interested parties, but this did not eventuate. A visit was made in May 1991 in the knowledge that many producers or prospective producers of children's programs are not easily able to visit Sydney where the committee held its regular meetings. It was hoped that such a visit to Perth would be an annual event. The committee did not need to devote such a substantial amount of time as in the previous year to the assessment of preschool programs. All three major networks now have P classified preschool programs.

The committee held nine formal meetings during the year, and although it dealt with fewer applications in total, its assessment workload was similar to the corresponding period in previous

150 year due to the nature of the applications submitted (175 in all of 1990-91, 102 between 1July1991 and 20 March 1992, including 54 applications for Australian children's drama). The past year was notable as one in which a great many more individual children's drama applications were assessed, but very few applications for renewal of classifications. The growth in drama applications is accounted for, in general, by the increased quota obligations on licensees under the current standards (equivalent to a minimum of 16 hours of one off or mini-series per year per licensee), and, in particular, the separate submission of individual episodes of a number of new drama series and mini-series. The drop off in renewal applications was not unexpected. A large number of programs classified in the first few years of operation of the previous standards had progressively expired and been dealt with as renewal applications during 1990 and the first half of 1991. Thus, the great bulk of applications in the past year were for new product In the period 1 July 1991 to 20 March 1992, the committee considered 104 applications for classification, and recommended that: 2 be classified P 7 be classified Provisional C 19 be classified C 36 be classified C Australian Drama 38 be refused classification (including 2 applications for renewal of classification) 104 total (2 were withdrawn by the applicants) A list of programs classified P, C or C Australian Drama in this period appears in Appendix G.

151 APPENDIXG

PROGRAMS CLASSIFIED C OR C AUSTRALIAN DRAMA 1991-92

(*)denotes Australian C Drama program (R) denotes Renewal

TITLE APPLICANT

ALL FDR ONE South Pacific Pictures Ltd ART OF DROWNING; TIIE (*) Frame Film and Television Productions BARTONS; TIIE (*) Television and Telecasters Limited (Network Ten) BIG IDEAS(*) Robert Bruning Productions Pty Ltd BILLABONG (*) Rainette Pty Ltd BLOCKBUSTERS (Series 2) Frernantle International Productions BOBBY'S WORLD Television and Telecasters Limited (Network Ten) BOY FROM ANDROMEDA; TIIE South Pacific Pictures Ltd CAPTAIN ZED AND TIIE ZEE ZONE Hit Communications PLC CLARISSA EXPLAINS IT ALL M1V Networks CLOWNING AROUND(*) Barron Films Ltd DIST ANT HOME; TIIE (*) Robert Bruning Productions DOUG Canal Plus Distribution EUREEKA'S CASTLE (Series 2) M1V Networks GIRL FROM MARS; TIIE South Pacific Pictures Ltd GUESS WHAT? (Series 1) Banksia Productions GUESS WHAT? (Series 2) Banksia Productions HALFWAY ACROSS TIIE GALAXY AND TURN LEFT(*) Crawford Productions Pty Ltd HENDERSON KIDS; TIIE (Series 2) (*) (R) Network Ten Australia IT GOES Network Ten LOOK WHO'S TALKING (Series 1) Fremantle International Productions LOOK WHO'S TALKING (Series 2) Frernantle International Productions LOOK WHO'S TALKING (Series 3) Frernantle International Productions LOOK WHO'S TALKING (Series 4) Fremantle International Productions MIRACULOUS MELLOPS - SEQUEL (*) Milleniurn Pictures Pty Ltd NEW ADVENTURES OF BLACK BEAUTY (2) (*) Frernantle International Productions OWL1V (Series 1; 2 & 3 - 25 minute versions) Effie Holdings Pty Ltd RAIDERS OF TIIE SOUTH SEAS South Pacific Pictures Ltd RHINO CHRISTMAS(*) Cochrane and Armstrong ROUND TIIE TWIST 2 (13 eps) (*) Australian Children's Television Foundation SACRED BOOMERANG(*) Boomerang Film Productions SADAKO AND TIIE THOUSAND PAPER CRANES Hit Communications PLC

152 SHORN SHEEP SHOW (Series 1) Network Ten SKIPPY AND MISS JACK HORNER(*) Field Associates (Australia) SKIPPY AND THE BALLOON(*) Field Associates (Australia) SKIPPY AND THE BEACH BULLIES(*) Field Associates (Australia) SKIPPY AND THE BIG SISTER(*) Field Associates (Australia) SKIPPY AND THE BIRD SMUGGLERS(*) Field Associates (Australia) SKIPPY AND THE BUSHFIRE(*) Field Associates (Australia) SKIPPY AND THE CAVE PAINTINGS(*) Field Associates (Australia) SKIPPY AND THE COWBOY(*) Field Associates (Australia) SKIPPY AND THE EASTER BUNNY (*) Field Associates (Australia) SKIPPY AND THE FISHING FLEET(*) Field Associates (Australia) SKIPPY AND THE FLIM-FLAMMERS (*) Field Associates (Australia) SKIPPY AND THE FOXY DOG (*) Field Associates (Australia) SKIPPY AND THE GOLFERS (*) Field Associates (Australia) SKIPPY AND THE HAMMOND FAMILY (*) Field Associates (Australia) SKIPPY AND THE HAUNTED HOUSE(*) Field Associates (Australia) SKIPPY AND THE LION(*) Field Associates (Australia) SKIPPY AND THE MILLIONAIRESS (*) Field Associates (Australia) SKIPPY AND THE MUSIC MAKER(*) Field Associates (Australia) SKIPPY AND THE MYSTERY MARSUPIAL(*) Field Associates (Australia) SKIPPY AND THE ORCHID (*) Field Associates (Australia) SKIPPY AND THE PENFRIEND (*) Field Associates (Australia) SKIPPY AND THE PIRATES(*) Field Associates (Australia) SKIPPY AND THE POLLUTED RIVER(*) Field Associates (Australia) SKIPPY AND THE PRETENDERS(*) Field Associates (Australia) SKIPPY AND THE RIVALS(*) Field Associates (Australia) SKIPPY AND THE ROOS(*) Field Associates (Australia) SKIPPY AND THE RUNAWAY(*) Field Associates (Australia) SKIPPY AND THE SABOTEUR (*) Field Associates (Australia) SKIPPY AND THE SKIP-A-THON(*) Field Associates (Australia) SKIPPY AND THE SNAKE CHARMER(*) Field Associates (Australia) SKIPPY AND THE SURF CLUB (*) Field Associates (Australia) SKIPPY AND THE TIKE (*) Field Associates (Australia) SKIPPY AND THE TRAILBIKER (*) Field Associates (Australia) SKIPPY AND THE TREASURE HUNT(*) Field Associates (Australia) SKIPPY AND THE TWO JERRYS (*) Field Associates (Australia) SKIPPY AND THE VANDALS(*) Field Associates (Australia) SKIPPY AND THE WEDDING (*) Field Associates (Australia) SKIPPY AND WALLY WORLD(*) Field Associates (Australia) SKIPPY AND WHEELS(*) Field Associates (Australia) SKY TRACKERS (Series) (*) Australian Children's Television Foundation SUGAR AND SPICE (*) (R) L Promotions P / L TIME GAME; THE (*) Robert Bruning Productions Pty Ltd TOTALLY WILD Television and Telecasters Limited (Network Ten) WE ALL HAVE TALES Hit Communications PLC WONDER YEARS; THE (Series 1 & 2, 38 episodes only) Television and Telecasters Limited (Network Ten) WONDER YEARS; THE (Series 3 - 23 episodes) Television and Telecasters Limited (Network Ten)

153 WONDER YEARS; THE (Series 4 -14 episodes only) Television and Telecasters limited (Network Ten) YOU AND ME AND UNCLE BOB("") Robert Bruning Productions Pty Ltd

PROGRAMS CLASSIFIED P 1991-92

BOOK PLACE; THE Australian Television Network HERE'S HUMPHREY Banksia Productions PLAYDAYS Australian Television Network

154 APPENDIXH

CONSULTANCY SERVICES

27 consultants were engaged during the year at a total cost of $523,825. Of this, $167,542 was spent on research surveys. Major consultancy engagements were as follows:

CONSULTANT COST PURPOSE

AC Nielson 54203 Metropolitan Television Ratings Subscription

AGBMcNair 17815 Regional television and radio ratings AGBMcNair 10991 Radio ratings subscription 1992

Allan Farrugia 3500 Data entry and analysis

ANOP 45000 Research into public attitudes to broadcasting

Australia Market 38000 Research into the portrayal of ethnic minorities on 1V research

Brainwaves 6800 Document extension to Ownership and Control software Information Services

Common Ground 13200 Design and conduct of training workshops for middle Consulting managers

David Stroh and 3000 Statistical analysis of financial returns Associates

Deloitte Ross 32000 Review of ABT12 form Tomatsu

Deloitte Ross 7160 Advice on Financial Capability Tomatsu

FINALCO 70583 Media consultant

Frank Small & 2085 Completion of survey of television in northern NSW Associates prior to aggregation

Frank Small & 57048 Joint research with OFLC on Classification Associates

Hands-On Systems 27153 Installation of LAN

Harris, Ward 2400 Accounting advice and Crossman

I. Sheen 2463 Paradox database development

KPMG Peat Marwick 23100 Internal audit service

155 M&JNash 8250 Organisation of seminars Enterprises MineSagin 2500 Data entry and analysis

Phoenix Contracting 38505 Ownership and Control database development

Quadrant Research 38250 Surveys of public attitudes on broadcasting issues Services Siars Pty Ltd 5000 Economic data from small regional solus markets Systematics 4045 Development of database of Tribunal decisions Other 10774 Various minor consultancies

156 APPENDIX I

LICENCE GRANTS AND RENEWAL REPORTS PUBLISHED DURING 1991-92

Licence Grants - Commercial Radio

Report No. Title Date of Report

88/119/IL Lismore - no licence granted 13/5/92 90/73/IL Wagga - Wagga & Riverina FM Stereo Broadcasters Pty Ltd 14/11/91 88/198/IL Mackay - Tropical FM Pty Ltd 31/12/91 89/85/IL Remote Stereo Nth/East Zone of Aust - Ausradio Pty Ltd 28/2/92

Supplementary Radio

Report No. Title Date of Report

92/28/IL Broken Hill - Far West Radio Pty Ltd 15/4/92 87 /49/IL Alice Springs - Alice Springs Community Broadcasters Ltd 9/10/91

Limited Licence Grants

Report No. Title Date of Report

92/44/LL Cessnock - Beecroft Audio Publications Pty Ltd 8/5/92 91/56/LL Mt Blue Cow - Alpine Broadcasters Pty Ltd 3/9/91 92/41/LL Newcastle - Newcastle Christian Broadcasters Ltd 8/4/92 91/60/LL Canberra - Champion Productions Pty Ltd 11/11/91 92/34/LL Melbourne - Fusion Australia Ltd 2/4/92 92/49/LL Ballarat - Ballarat Tourist Association 2/6/92 91/80/LL Ballarat - Scout Association of Australia (Vic branch) 3/12/91 92/31/LL Bellarine - Bellarine City Rural Council 2/4/92 91/83/LL Momington Peninsula - Television Entertainers of Australia 3/1/92 91/45/LL Mt Buller - Alpine Broadcasters Pty Ltd 31/7/91 92/42/LL Mt Buller - Alpine Broadcasters Pty Ltd 13/4/92 92/5/LL Mt Buller- Alpine Broadcasters Pty Ltd 10/2/92 92/9/LL Falls Creek - Alpine Broadcasters Pty Ltd 10/2/92 91/79/LL Murray River - Australian Red Cross Society (Vic) 3/12/91 92/50/LL Ivory Rock - Pacific Vision Pty Ltd 26/5/92 92/3/LL Mirage Golf Course - Brisbane TV Ltd 9/1/92 92/15/LL Surfer's Paradise - Gold Coast Events Pty Ltd 11/2/92

157 Limited Licence Grants (ctd)

Report No. Title Date of Report

92/17/LL Surfer's Paradise - Queensland Television Ltd 17/2/92 91/82/LL Willowbank - Willowbank Raceway Inc. 11/12/91 91/59/LL Adelaide - Australian Formula One Grand Prix Board 25/9/91 91/85/LL Adelaide - Adelaide Festival of the Arts 18/12/91 91/76/LL Glenelg - Corporation of Glenelg 20/11/91 91/49/LL Barossa Valley- Barossa Tourist Assoc. Inc. 23/8/91 92/4/LL Hahndorf - Hahndorf Tourist Association Inc. 3/2/92

Licence Grants-Public Radio

Report No. Title Date of Report

91/77 /IL Blue Mountains - Blue Mountains Public Broadcasting Society Inc. 4/6/92 91/11/IL Gosford - Central Coast Community FM Radio Assoc. Inc. 1/11/91 91/18/IL Sutherland - Sutherland Shire Community Radio Assoc. Inc. 7/8/91 91/20/IL Forbes - Lachlan Valley Community Radio Inc. 16/4/92 91/67/IL East Gippsland - Radio East Gippsland Inc. 30/6/92 91/1/IL Mallacoota - Mallacoota and Genoa Broadcasting Co-operative Society Ltd 17/12/91 89/82/IL Brisbane Indigenous Media Assoc. Inc. 3/9/91 91/72/IL Townsville - Townsville Aboriginal & Islander Media Association 15/4/92 91/12/IL Adelaide - Christian Radio Inc. 17/12/91 91/14/IL Adelaide - Southern and Western Community Broadcasters 10/12/91 91/89/IL Katherine - Katherine Community Radio Incorporated 12/5/92

Licence Renewals - Commercial Television

Report No. Title Date of Report

90/95/IL CBN Central and South Eastern NSW I ACT 9/9/91 90/30/IL NEN New England/Mid North Coast 14/10/91 89/34/IL RVN Wagga Wagga 9/9/91 90/115/IL WIN Southern NSW 4/7 /91 90/7/IL CTC Southern NSW 4/7/91 91/27/IL RTQ Regional Queensland 18/10/91 90/102/IL TNQ Regional Queensland 18/10/91

158 Licence Renewals - Commercial Radio

Report No. Title Date of Report

88/185/IL 2UESydney 23/8/91 89/31/IL 2A Y Albury /Wodonga 11/7/91 90/62/IL 2DUDubbo 9/8/91 90/40/IL 2ECBega 17/7/91 90/27/IL 2GFGrafton 11/2/92 90/29/IL 2GNGoulbum 11/2/92 90/52/IL 2KO Newcastle 13/12/91 90/12/IL 2LTLithgow 18/10/91 90/63/IL 2MGMudgee 9/8/91 90/41/IL 200 Wollongong 30/8/91 90/90/IL 2PKParkes 9/8/91 90/132/IL 2VMMoree 4/12/91 90/39/IL 2WL Wollongong 3/7/91 90/65/IL 2XLCoorna 10/3/92 89/159/IL 3UZ Melbourne 27/2/92 90/34/IL 3BA Ballarat 8/7/91 90/17 /IL 3CAT Geelong 19/11/91 90/83/IL 3GGGeelong 17/12/91 89/95/IL 4AKOakey 9/8/91 89/98/IL 4CC Gladstone 12/11/91 89/94/IL 4GR Toowoomba 20/9/91 89/99/IL 4GYGympie 9/8/91 89/198/IL 4LG Longreach 31/10/91 88/101/IL 4SB Kingaroy 9/10/91 89/93/IL 4WKWarwick 27/2/92 89/177 /IL 5KKA Adelaide 2/4/92 89/7/IL SCC Port Lincoln 23/12/91 89/10/IL SCS Crystal Brook 23/12/91 89/24/IL 6PPMPerth 9/8/91 89/20/IL 6AMNortham 4/7/91 89/19/IL 6GE Gerald ton 16/7/91 90/113/IL 6KA Karratha 1/10/91 89/23/IL 6KG Kalgoorlie 4/9/91 89/23/IL 6LN Carnarvon 4/9/91 90/112/IL 6NW Port Hedland 1/10/91 90/66/IL 6VAA1bany 4/7/91

159 Licence Renewals - Public Radio

Report No. Title Date of Report

89/148/IL 2MWM Manly /Warringah 1/10/91 89/142/IL 2NBCNarwee 15/10/91 89/146/IL 2NSB Chatswood 15/8/91 89/147 /IL 2RDJ Burwood 23/12/91 89/143/IL 2RES East Sydney 29/7/91 89/144/IL 2RRRRyde 11/2/92 90/24/IL 2EAR Eurobodalla 4/12/91 90/44/IL 2REM Albury /Wodonga 10/1/92 90/139/IL 2TEN Tenterfield 20/2/92 90/64/IL 2WKTBowral 1/10/91 90/14/IL 2YOU Tamworth 23/6/92 90/26/IL 3BBB Ballarat 29/8/91 89/51/IL 3CCC Bendigo I Castlemaine 13/11/91 90/128/IL 3RIM Melbourne 25/10/91 90/129/IL 3RPP Melbourne 28/8/91 90/43/IL 3RPC Portland 2/4/92 89/79/IL 4CRB Burleigh Heads 15/7 /9 90/74/IL 6NEWNewman 18/11/91

160 APPENDIXJ

SHARE TRANSACTION REPORTS 1991-92 Licence(s) affected/Company in which interest acquired or increased/Company or person acquiring or increasing shareholding. File no. Decision Date

AlN, HSV, B1Q-Qintex Group 88/142/10 23/10/91 A1N, HSV, BlQ, MVQ SEQ- Qintex/FAI Insurance Ltd 88/170/10 2/10/91 A1N, HSV, BlQ, MVQ SEQ SAS, TVW - FAI Insurances/ Lader Pty Ltd 92/54/10 19/6/92 A1N, HSV, BlQ, MVQ SEQ- Qintex/ AMP Society 88/130/10 2/10/91 AlN, HSV, BlQ, MVQ SEQ SAS- Skase/Qintex 88/157/10 16/10/91 AlN, HSV, BlQ, SAS, TVW - Seven Network Ltd/West Central Seven Ltd, Television Holdings Ltd 91/55/10 12/6/92 A1N, HSV, BlQ, MVQ SEQ SAS, TVW - Qintex/Queensland Invesbnent Corporation 91/88/10 22/1/92 TCN, GTV, QTQ 1NQ 6PM, 6AM, 6KA, 6KG, 6NW - Nine Network Australia Ltd/Lenvoka Pty Ltd, Halfar Pty Ltd, Manden Prods Pty Ltd 91/2/10 8/7/91 TCN, GTV, QTQ ITQ 1NQ QQQ, NTD, 6PPM, 6KG - Murray Leisure Group/Mancross Pty Ltd 92/8/10 10/2/92 TEN, CTC, ATV, TVQ ADS, NEW -Quaestor Pty Ltd/ Northern Star Holdings 89/189/10 15/8/91 TEN, ATV, TVQ-Thames Television pk/Thom EMI Pty Ltd 91/44/10 7 /8/91 TEN, ATV, TVQ-TenNetwork/Television Telecasters, Westpac 91/54/10 14/2/92 BKN, GTS - Spencer Gulf Telecasters Ltd/VC Sturrock 91/48/10 28/8/91 CBN, NEN - Rarncorp Ltd/Paul Ramsay Holdings Pty Ltd 90/107 /IO 23/9/91 MlN Griffith- Linter Group/LD Maxsted, J Harkness 90/60/10 26/6/92 MlN, 2DU, 2LM, 2MG, 2MW, 2PK, 2RG, 4AK, 4GY - Broadcasting Operations Pty Ltd/BG & PA Caralais 88/38/10 9/8/91 NRN North E.ast NSW - Darling Downs TV Ltd/ Aspermont Ltd 90/155/10 24/4/92 NRN, RlN, DDQ RTQ SDQ TVQ- Northern Rivers Television Ltd, Rockhampton Ltd/Meridian Holdings Ltd, Kapel Holdings Ltd 88/131/10 11/7 /91 RVN, AMV - Riverina & Nth E.ast Victoria Television Pty Ltd/ Prime Television (Vic) Pty Ltd 92/19/10 20/2/92

161 Licence(s) affected/Company in which interest acquired or increased/Company or person acquiring or increasing shareholding. File no. Decision Date

BCV, GLV, S1W, 1NT - Sunraysia Television Ltd/Sabtel Pty Ltd 92/32/IO 8/4/92 STV Mildura - Burnbay Investments Pty Ltd/Bond Media Ltd 90/19 /IO 8/7/91 MVQ 4MK - Universal Radio Ltd, Mackay Television Ltd/ Tora Bran Nominees, Barrier Reef Broadcasting Pty Ltd, Universal Television Pty Ltd 87 /75 /IO 20/12/91 1NQ Regional Queensland - Telecasters Nth Queensland Ltd, Nexbury Pty Ltd/Nexbury Ltd, Wilco Marketing South Pty Ltd 88/159 /IO 20/2/92 S1W Perth - Sunraysia Television Ltd/Tricontinental Corporation Ltd 92/2/IO 8/1/92 2CH Sydney- AWA Ltd/Camberley Pty Ltd 90/104/IO 1/11/91 2CH Sydney - Radio 2CH Pty Ltd/ AW A Ltd 90I105 /IO 2/9/91 2CH Sydney - MLC Life Ltd/ AWA Ltd 92/51/IO 12/6/92 2KY Sydney- 2KY Broadcasting Pty Ltd/Labour Council ofNSW 88/34/IO 9/12/91 2SM Sydney - Radio 2SM Pty Ltd/Lawrence Pty Ltd 92/39 /IO 3/6/92 2UE Sydney-Radio 2UE Sydney Pty Ltd/TCN Cl\annel Nine Pty Ltd87 /619/IO 8/7/91 2UE Sydney - Radio 2UE Pty Ltd/Lyndeal Pty Ltd 91I66/IO 14/1/92 2EC Bega - Cl\ristina Grant Investments Pty Ltd/ Zamopress Pty Ltd 90I149 /IO 17/7/91 2LF, 2WG, 3KKZ, 5KKA, 7LA - Industrial Printing and Publicity Co. Ltd/S Bitmead & E Parker 91/57 /IO 20/9/91 2ST Nowra - South Coast & Tablelands Broadcasting Pty Ltd/ Christina Grant Investments 92/33/IO 26/3/92 3UZ Melbourne - Radio 3UZ Pty Ltd/Victorian Amateur Turf Club, Victorian Country Racing Council Inc., Harness Racing Board 91/40/IO 11/7/91 4BH Brisbane - Queensland Radio Ltd/ML Stafford 91/73/IO 10/4/92 4HI Emerald - Queensland Regional Broadcasting Pty Ltd/ Maranoa Broadcasting Ltd 91/41/IO 11/2/92 4HI Emerald - Maranoa Broadcasting Pty Ltd/Berry, Coomber, McVean 91/42/IO 11/2/92 4HI Emerald - Queensland Regional Broadcasters Pty Ltd/ Portlook Pty Ltd 91/43/IO 11/7/91 4HI, 4LG - Emerald Broadcasting Co./Barrier Reef Broadcasting Co. 87/136/IO 6/12/91 4SB Kingaroy - Forsby Pty Ltd/South Burnett Times Pty Ltd 88/37/IO 9/10/91

162 Licence(s) affected/Company in which interest acquired or increased/Company or person acquiring or increasing shareholding. File no. Decision Date

4VL Charleville - Concept Service Mart/L Sims 92/1/10 24/2/92 SAU, SRM - Lanson Investments Pty Ltd/ Albury Banner Pty Ltd 92/37/IO 15/4/92 SRM Renmark - Murray River Broadcasters Pty Ltd/ Murray River FM Pty Ltd 91/75/10 11/2/92 6IX, 6BY, 6NA, 6TZ, 6WB - The Eagle Pty Ltd/ Grangeridge Nominees Pty Ltd 91/64/10 16/6/926 6AM, 6V A - Bond Media Ltd 90/156/10 4/7/91 6AM, 6V A - West Australian Radio Network Pty Ltd/ Kangaroo Holdings Pty Ltd 91/91/10 31/12/91 6BY, 6V A, 6WB - Bond Group 88/161/10 8/7/91 6BY, 6NA, 6TZ, 6WB - Grangeridge Nominees Pty Ltd/ Frank Oreste Romano 91/62/10 16/6/92 6BY, 6NA, 6TZ, 6WB - Grangeridge Nominees Pty Ltd/ John Albert & Dale Watts 91/63/IO 16/6/92 6GE Geraldton - Great Northern Broadcasters Ltd/ Batavia Coast Broadcasters Pty Ltd 90/138/10 16/7/91 6KA, 6NW - Glenstar Pty Ltd/Wairoa Pty Ltd 91/21/10 1/10/91 6VA Albany- Bond Media Ltd 89/164/10 4/7 /91 8DN Darwin - Abdilin Pty Ltd, Greenwich Pty Ltd/ Darwin Broadcasters Pty Ltd, Nth Territory FM Ltd 90/136/10 4/10/91

163 APPENDIXK

FREEDOM OF INFORMATION SECTION 8 STATEMENT

The Freedom of Information Act 1982 (the FOI Act) requires Commonwealth Government agencies to make available information about their organisation, functions and operations, and about rules and practices which are used in making decisions which affect people.

Section 8 of the FOI Act requires each agency to publish detailed information about the way it is organised, its powers, the kinds of decisions made, arrangements for public involvement in the work of the agency, documents held by the agency and how these can be accessed by the public.

This statement is correct as at 30 June 1992 and replaces the statement published in the Tribunal's Annual Report 1990-91.

ESTABLISHMENT The Australian Broadcasting Tribunal is established bys. 7 of the Broadcasting Act 1942 (the Act) and began operations on 1January1977. The Tribunal is an independent statutory authority responsible, through the Minister for Transport and Communications, to the Parliament. It is required to prepare and furnish annually to the Minister for Transport and Communications a report on its operations during the preceding year for tabling in the Parliament. The Act provides for the appointment of a Chairman, a Vice-Chairman, at least one but not more than six other Members, and also of up to six Associate Members who may be appointed for specific inquiries. The Members of the Tribunal are appointed by the Governor-General for periods of up to five years and are eligible for re-appointment.

ORGANISATION

The Tribunal

The Tribunal's present membership consists of a Chairman, a Vice-Chairman, four Members and two Associate Members. One of the Associate Members has been appointed to conduct inquiries in general; the other has been specifically appointed to a program standards inquiry into the classification of television programs. The Tribunal holds regular monthly meetings to make administrative decisions and determine policy. Additional meetings are held as required. A quorum for such meetings is constituted by a majority of the members holding office and decisions are determined by a majority of the votes of the members present. The chairman of the meeting has a deliberative vote and, in the event of an equality of votes, also a casting vote. Staff of the Tribunal are present at the meetings to record the decisions; and as required, to report to the Tribunal; to provide advice and to make recommendations; and to ensure that the Tribunal's directions are executed.

164 For the purpose of appoinbnent and employment of staff in accordance with the provisions of the Public Service Act 1922, the Chairman has the powers of a Secretary of a deparbnent for the branch of the Australian Public Service comprising the staff of the Tribunal.

Staff of the Tribunal As can be seen from the organisation chart on the following page, the staff of the Tribunal is organised on a divisional basis. During the year, the Tribunal completed a review of its structure. The Central Office is primarily located in Sydney, where the Members are located, with the Complaints Section of the Programs Division being co-located in Melbourne with the Victorian State Office. The Tribunal also has a state office in each other mainland capital city. Tasmanian and Northern Territory interests are handled by the Victorian and South Australian offices respectively.

165 Chainnan

Licensing Division Programs Division I I Grants and Renewals Branch Research and Assessment Branch (including State Offices)"' Ownership and Control Branch Standards Inquiries Branch

Infonnation and Analysis Branch Administration Section

Administration Section • part located in Melbourne

Co rate Services Division I Management Services Branch

Infonnation Systems Branch

Secretariat Branch

Legal Branch

Library

Publications and Public Relations Branch

166 FUNCTIONS

The Tribunal

The functions of the Tribunal may be summarised as follows: (a) to grant, renew, suspend, revoke and accept the surrender of licences;

(b) to authorise transactions in relation to licences under ss. 89A, 89B, 89C, 89CA and 89CB of the Act (such as licence transfers);

(c) to grant approvals and give directions under Divisions 2 and 3 of Part IDBA of the Act in relation to the ownership and control of licenses (such as approvals for share transactions);

(d) to determine (in writing) the standards to be observed by licensees in respect of the broadcasting of programs (including advertisements) and in respect of programs to be broadcast; (e) to determine the hours during which programs may be broadcast by licensees;

(f) to hold inquiries as provided by the Act (and the Australian Broadcasting Tribunal (Inquiries) Regulations) or as directed by the Minister, and to publish reports in relation to those inquiries; (g) to assemble information relating to broadcasting in Australia under s. 124 of the Act;

(h) to perform such duties and exercise such powers as are imposed or conferred upon it by this Act and the Regulations;

(i) to determine guidelines to be observed by a licensee within the meaning of Part HID of the Act in respect of the hours during which, and the manner in which, policy launches of political parties are to be broadcast; and ·

(j) to determine guidelines to be observed by a broadcaster in respect of the days and times when, and the manner in which, election broadcasts within the meaning of Division 3 of Part IIID of the Act are to be made. For the purpose of exercising its powers and functions under the Act, the Tribunal can make Orders, give directions and do such other things as it thinks fit. It should be noted that the Tribunal does not have the power to determine planning policies, formulate changes to the legislation, allocate frequencies, or decide when applications are to be invited for a particular kind of licence in a particular region. These are all functions of the Minister for Transport and Communications (see s. 1250 of the Act). The Minister is advised and assisted by the Department of Transport and Communications which has offices in Canberra and each State capital city.

Internal Committees

To support the corporate responsibility of the Tribunal for all operations, the Tribunal has established a number of committees comprising members of the Tribunal and senior staff. These committees direct and manage various work activities. Ad hoc working parties are established from time to time to deal with specific tasks.

167 LICENSING DIVISION

The Licensing Division comprises the two Inquiries Branches, Grants and Renewals Branch and Ownership and Control Branch, the Information and Analysis Branch and an Administration Section.

Inquiries Branches: Grants and Renewals Branch and Ownership and Control Branch

Undertake inquiries into the granting and renewal of licences and about the ownership and control of licences, and make arrangements for the conduct of these inquiries.

Undertake inquiries into the revocation, suspension and imposition of conditions on licences.

Arrange for the publication of notices including the invitation of submissions and notices of conferences and hearings; provide information to parties to inquiries and the public.

Examine and analyse applications, submissions and other relevant information, and prepare submissions and recommendations to the Tribunal about licensing inquiries. Assist in the preparation of inquiry reports and arrange for their printing and release to parties and the public.

Maintain all documents, including inquiry files, about licensing inquiries conducted by the Tribunal.

Information and Analysis Branch

Analyses and assesses the financial capability of applicants for radio and television licences, and the commercial viability of the markets concerned.

Analyses licensees' financial performance and capability for licence renewals.

Provides advice to the Tribunal on the economic and financial implications for the broadcasting industry of changes in regulations or policies. Co-ordinates the collection, development and maintenance of relevant data bases of economic, financial, staffing and operational information about individual radio and television services and the industry as a whole.

Prepares submissions, background papers and recommendations to the Tribunal in relation to the ownership and control of licences.

Maintains records of the ownership and control of licences and publishes summaries of ownership information.

Maintains the Associated Newspaper Register and administers the provisions about the cross­ media ownership rules and registered lenders.

Compiles and maintains socio-economic profiles of licensees' markets.

Prepares text on the financial results of radio and television services for publication.

Assesses and collects, on behalf of the Commonwealth, licence fees from commercial licensees.

Maintains licensing information and statistics about all commercial and public services; responsible for all matters of a licensing nature that need to be dealt with outside the inquiry process.

168 Administration Section

Provides support for the Division in relation to the conduct of public inquiries including travel arrangements and publication of inquiry reports. Maintains reports on current status of all Tribunal inquiries.

Administers the budget allocation for the Division, and attends to the purchasing and stock-taking needs of the Division. Arranges the archiving of public inquiry documentation.

PROGRAMS DIVISION Standards Inquiries Branch Undertakes public inquiries (by application, as directed by the Minister, or initiated by the Tribunal) into matters about the making of, and amendment to, program standards (including advertising standards) and to consider possible breaches of the terms and conditions of licences and makes arrangements for the conduct of these inquiries. Provides policy advice and information on current programming issues to the Tribunal relevant to its standards-making powers. Arranges for the publication of notices including the invitation of submissions; provides information to parties to inquiries and the public. Processes applications for inquiries and examines and analyses submissions and other relevant information.

Drafts program standard inquiry reports and arranges for the printing and release of the final reports to parties and the public. Consults and liaises with other government agencies, industry organisations and public interest groups on procedural and policy matters about program standards.

Drafts program standards, including advertising standards. Maintains all inquiry documents, including inquiry files about program standards inquiries. Assists in the assessment of children's television programs submitted for classification under the Children's Television Standards. Research and Assessment Branch

Develops procedures to assess compliance with the Tribunal's program standards. Advises the Tribunal on the compliance with program standards. Analyses and reports on overall programming practices and performance of licensees.

Advises the Tribunal about complaints from members of the public in relation to program and advertising matters, investigates possible breaches of the standards and prepares reports and correspondence as necessary.

169 Designs and undertakes, or commissions and supervises, research about broadcasting as required by the Tribunal in the exercise of its functions.

Evaluates research, surveys etc. relevant to broadcasting undertaken by licensees, and other organisations in Australia and overseas.

Prepares reports on research for publication generally.

Maintains contact with other research organisations.

Assembles and provides infonnation about broadcast programming in Australia as required under s. 124 of the Act.

Administers the provisions of the Act about the broadcasting of election advertisements.

Makes records etc. available for examination by the public and the industry. State Offices

Represent the Tribunal at State level.

Act as point of contact for licensee managements.

Provide information to public interest groups and to the public generally including the presentation of speeches on the role and functions of the Tribunal.

Prepare correspondence including replies to the public in accordance with agreed policy.

Assist with the conduct of public inquiries.

Visit licensees' premises and prepares reports on station performance as contributions to the inquiry process.

Maintain records of matter assembled by the Tribunal pursuant to its responsibilities under the Act.

Observe and record station transmissions as necessary.

Report possible breaches of statutory requirements, standards etc. to Central Office.

Undertake inquiries and investigations as requested by Central Office.

Administration Section

Provides support for the Division about the conduct of public inquiries including travel arrangements and publication of inquiry reports.

Administers the budget allocation for the Division, and attends to the purchasing and stock-taking needs of the Division.

Arranges the archiving of public inquiry documentation.

170 CORPORATE SERVICES DIVISION

Comprises six Branches being the Information Systems Branch, the Legal Branch, the Library, the Management Services Branch, the Publications and Public Relations Branch and the Secretariat Branch.

Information Systems Branch

Promotes the effectiveness and efficiency of the Tribunal's operations through the use of information technology.

Legal Branch

Undertakes research, and provides legal advice about and interpretations of, the Tribunal's powers and functions.

Assists Members and Tribunal staff in the preparation of reports, and attends public inquiries as required.

Attends court proceedings, instructs the Australian Government Solicitor and represents the Tribunal in matters involving or affecting the Tribunal in the Tribunal's inquiries or other litigation.

Maintains contact with the Department of Transport and Communications on legislative matters.

Monitors and reviews, as necessary, Tribunal procedures.

Drafts Policy Statements, Practice Notes and Commentaries.

Supervises the administration of the FOi Act as it affects the Tribunal and requests for information under that Act.

Library Maintains full library service (reference, information retrieval and provision, loans etc.) for Members and staff of the Tribunal.

Provides reference only services to the general public and persons engaged in research on matters relating to broadcasting.

Collects material on a broad range of subject areas relevant to the work of the Tribunal including radio and television broadcasting; pay 1V; satellite broadcasting; broadcasting planning, regulation and legislation; communications and mass media theory; advertising; computing; demography and management.

Houses the publicly accessible copies of Tribunal inquiry files; Tribunal minutes and records or details of Tribunal meetings with outside bodies; summary of complaints-received reports; and all Tribunal publications including Annual Reports.

Produces a regular Library Bulletin listing new acquisitions, which is distributed both internally and to selected persons and organisations outside the Tribunal.

Management Services Branch

Arranges for the selection and appointment of staff.

171 Manages records of the finances of the Tribunal, including estimates of expenditure, actual expenditure, purchasing and security of stores, equipment, furniture and fittings. Attends to all matters about personnel, staff development and training, accommodation and office services.

Develops, implements, monitors and reviews, as necessary, personnel, finance, accounting and purchasing procedures as well as Equal Employment Opportunity (EEO), Industrial Democracy (ID) and Occupational Health and Safety (OH & S).

Maintains contact with Commonwealth Departments, the Public Service Commission and the Auditor-General's Office on financial, personnel, staff development and general administrative matters including EEO, ID and OH & S.

Publications and Public Relations Branch

Co-ordinates material for inclusion in the Annual Report and other Tribunal publications, and undertakes final preparation of those publications. Co-ordinates the marketing of Tribunal publications. Undertakes public relations duties including the dissemination of information on activities of the Tribunal by the newsletter ABTEE, news releases, articles and interviews, and responds to enquiries.

During the past year, the Tribunal has been assisted by the services of a Media Consultant who has been able to raise the profile of the Tribunal which has provided the general public with a better­ informed view of the role and functions of the Tribunal.

Secretariat Branch The Secretariat Branch comprises an executive area and three sections. Secretariat Section Provides secretariat facilities for the Tribunal and internal committees, including the arrangement of, and preparation for, meetings and non-inquiry type conferences, collation of agenda items, preparation of formal minutes, and the maintenance of records of decisions of the Tribunal and committees.

Co-ordinates and prepares ministerial briefing material, replies to ministerial representations and to questions in Parliament. Co-ordinates policy decisions of the Tribunal and other related agencies.

Co-ordinates matters related to the FOi Act and the Privacy Act 1988.

Maintains records of press articles, and parliamentary references on matters relevant to the Tribunal's activities.

Co-ordinates the preparation of the Tribunal calendar.

Maintains the Tribunal's mailing lists. Distributes the Tribunal's standards, policy statements, practice notes and other information about the Tribunal.

172 Prepares speeches for Members of the Tribunal. Records Management Section Maintains registry services, including filing systems, distribution of correspondence and archiving of Tribunal files other than inquiry files.

Maintains quality of data in a database of Tribunal inquiry and meetings decisions. Executive Support Section Provides secretarial, research and administrative support to Members and the Director, Corporate Services Division. Provides reception and switchboard services.

POWERS The Tribunal has a range of powers relating to: (a) the grant, renewal, transfer, suspension or revocation of licences, including the conditions upon which, and the period for which, any licence is to be granted or renewed;

(b) the transmission and content of program and advertising material, including the power to determine the standards to be complied with by licensees; (c) changes in ownership or control of commercial licences and remote television licences, including powers to approve or refuse to approve certain share transactions, give directions to protect a licensee during a share transaction, order the divestiture of interests held in contravention of the Act, and approve or refuse to approve changes to the memorandum and articles of association of licensee companies;

(d) the procedures for the conduct of public inquiries and the investigation of matters affecting the functions of the Tribunal; (e) the collection and dissemination of information about broadcasting in Australia; and

(0 the making of such orders and the giving of such directions as it thinks fit for the purpose of exercising its powers and functions.

ARRANGEMENTS FOR OUTSIDE PARTICIPATION

Section 29 of the Act empowers the Tribunal, with the approval of the Minister, to appoint such advisory committees as it thinks fit. During the year, the Children's Program Committee, which had been in operation for several years, was disbanded and a new method of assessment of children's programs was introduced. Under the new system, children's programs submitted for classification under the Children's Television Standards are initially assessed by Tribunal staff. H the program meets the standards, staff recommend immediate classification to a Tribunal Member. If the Member has concerns about a program, the advice of expert consultants in child development, television production and script assessment may be sought. The Tribunal also participates in standing committees and arrangements

173 exist for consultation with industry representatives. In addition, opportunities are provided for members of the public to participate in the decision-making processes of the Tribunal, as outlined below. Meetings with industry bodies, industry unions, consumer groups and other statutory bodies

The Tribunal consults with representatives of broadcasters as required by s. 16 of the Act through regular meetings with the Federation of Australian Radio Broadcasters, the Federation of Australian Commercial Television Stations, the Public Broadcasting Association of Australia, the Progressive Radio Association, and, as required, with the individual licensees.

In addition, the Tribunal meets regularly with the Media and Communications Council, an umbrella group comprising entertainment industry unions and public interest and consumer groups, the Australian Association of National Advertisers, the Advertising Federation of Australia and, as required, with other groups who approach the Tribunal. Meetings are also held from time to time with other statutory bodies on areas of common interest.

Public participation

Most functions of the Tribunal involve an opportunity for the public to contribute to the making of decisions, or to be informed of progress towards a decision. Examples are surveys of public opinion conducted or commissioned by the Tribunal, inquiries into changes in program standards, and inquiries into the grant and renewal of licences and changes to the ownership of licences.

The Tribunal's public inquiry arrangements and procedures are governed by the Act and the Australian Broadcasting Tribunal (Inquiries) Regulations, which commenced in May 1986. The Tribunal places notices in the Australian Government Gazette and newspapers about the commencement of inquiries and maintains an inquiry file containing documents relevant to the inquiry for public inspection. A number of inquiries are now conducted by documents and correspondence, but when there is a hearing or a conference, these are conducted in public unless there is a special reason for doing otherwise. Area inquiries

The Act was amended in 1985 to provide for the holding of area inquiries by the Tribunal. However the Tribunal is unable to hold an area inquiry until the Government proclaims a commencement date. These inquiries are intended to cover a range of issues including the adequacy of broadcasting services provided in the various areas of the country. The Act allows the conduct of area inquiries to be generally more informal and flexible than those relating to inquiries into particular licensing matters.

174 CATEGORIES OF DOCUMENTS

Documents held by the Tribunal may be available for public access, subject to sections 124 and 125 of the Act which preclude availability in such manner, or in such circumstances, as in the opinion of the Tribunal would be prejudicial to the interests of any person, or where a confidentiality direction under s. 19 is in force.

The documents of the Tribunal are listed below. Those made available other than under the provisions of the Freedom of Information Act, are identified as follows: free of charge

# for inspection

/\ for a copying charge per page or per microfiche for purchase from the Tribunal (T), the Australian Government Publishing Service Bookshops (AGPS) or Austscript (A) free of charge to particular persons or groups who participate in a particular inquiry

Category Location Documents Availability

All offices #- (AGPS) *&# *&# *&# *&# *&# *&# *&# *&#

Sydney office

Sydney office

All offices

All offices # /\

All offices # /\

Sydney office

175 Sydney # office

All offices ... -(T) ... #*

Sydney office

-(T, AGPS)

-(T)

-(T)

Sydney office

Sydney #" office, at the inquiry and at the relevant State office

176 All offices # -(A) #*

Sydney office

Sydney office

177 All offices and at the hearing or conference of the inquiry

All offices

#

Melbourne office

Sydney office

Sydney office

Sydney office

Sydney office

178 FAOLITIES FOR ACCESS

The Tribunal maintains library facilities in the Sydney office where documents available under the Act or documents for which access is granted under the FOI Act can be examined. Documents may also be examined in the State offices by prior arrangement

Requests for access under the FOI Act must be in writing and addressed to The FDI Co-ordinator' and be accompanied by an application fee (currently $.30). The FDI Act provides for a reduction of the charges or non-imposition of the charges in certain circumstances.

FOi PROCEDURES AND INITIAL CONTACT POINTS

Where information is sought on any matter falling within the Tribunal's area of responsibility, inquiries are to be directed as follows:

The FDI Co-ordinator Australian Broadcasting Tribunal 76 Berry Street North Sydney NSW 2060

or

PO Box 1308 North Sydney NSW 2059

Tel.(02) 59 7811 Facsimile: (02) 954 4328 (FaxStream) DX 10528 North Sydney

or to the Tribunal's offices at:

179 14th floor 3rd floor Marland House 70 Llght Square 570 Bourke Street Adelaide SA 5000 Melbourne VIC 3000 Tel.(08) 2311454 Tel.(03) 670 1777 Facsimile: Facsimile: (08) 231 1452 (03) 670 4821 (FaxStream)

8th floor 10th floor 444 Queen Street 251 Adelaide Terrace Brisbane QLD 4000 Perth WA 6000 Tel.(07) 832 4702 Tel.(09) 325 7041 Facsimile: Facsimile: (07) 832 1623 (09) 221 1631

Under the procedures operating in the Tribunal for the handling of FDI requests, in some instances the FDI Co-ordinator may need to consult members of the public who have lodged requests. Specific instances are as follows:

(a) to assist the applicant to more specifically identify documents he or she has requested;

(b) to give the applicant a reasonable opportunity for consultation before refusing a request on grounds of insufficient information (section 15(2)) or if the request requires a substantial and unreasonable diversion of resources (section 24(1)); or

(c) for notification of charges and deposit, if necessary, including a discussion of charges remission. As at 30 June 1992, those who have been authorised to grant access under s. 23 of the FDI Act were the following: Director, Corporate Services Division

Matters relating to personnel, finance, purchasing, minutes of meetings, public relations, publishing, and information systems. Director, Licensing Division

Matters relating to licensing, ownership and control, financial data relating to licensees of radio and television services and associated matters.

Director, Programs Division

Matters relating to programs and advertising including children's programs.

Principal Legal Officer

Matters relating to legislative changes and litigation involving the Tribunal.

Those who have been authorised to refuse access or to make deletions to documents were the Vice­ Chairman or a delegated Member.

The Chairman is the Reviewing Officer, who may delegate those functions to the Vice-Chairman or a Member.

As at 30 June 1992, the Tribunal was reviewing the list of authorised persons.

180 APPENDIXL

INDEX TO GUIDELINES

The guidelines refer to the numbered requirements contained in the Guidelines for the Preparation of Departmental Annual Reports, Department of the Prime Minister and Cabinet, April 1991.

01 p.vii 35 a p .124 02 p.vii b p.124 03 not included c p .124 04 not applicable d not applicable 05 p.iii 36 p .124 06 p.? 37 p.124-5 07 p.vi 38 p .124-5 08 a pp.13, 164 39 a p.125 b not included b p.125 09 pp.125-8 ii not included 10 p.163 c p.125 11 not applicable d not included 12 pp.98-100 ii not applicable 13 pp.98-100 40 p.123 14 not applicable 41 p.124 15 pp.98-100 42 pp.122-4 16 not applicable 43 not included 17 not applicable 44 pp.18? 18 not applicable 45 a p.128 19 not applicable b not specified 20 not applicable c not specified 21 not applicable 46 p.128 22 not applicable 47 a not applicable 23 not applicable b not applicable 24 not applicable c not applicable 25 pp.111-12 d not applicable 26 chapters 4, 5, 6, 7, 8, 10 e not applicable 27 chapters 4, 5, 6, 7, 8, 10 48 a p.128 28 pp.127-30 b p.128 29 not specified 49 not applicable 30 a p.121 50 p.129 b p.121 51 p.131 c p.121 52 pp.155-6 d p.121 53 pp.155-6 e p.121 54 not specified 31 a p.121 55 a pp.153-4 b p.121 b pp.153-4 c p.121 c pp~153-4 d not included d not included 32 chapter 12 56 not included 33 p.122 57 not specified 34 not applicable 58 not applicable

181 59 not applicable 60 p.129 61 a p.129 b p.129 62 not included 63 not included 64 not applicable 65 not applicable 66 not applicable 67 a p.108 b not applicable 68 a p.108 b p.108 69 not applicable 70 pp.98-100 71 pp.98-100 72 pp.98-100 73 pp. 1561-77 74 p.129 75 not applicable 76 not applicable 77 not applicable 78 not applicable 79 not applicable 80 not specified 81 not specified 82 not applicable 83 not applicable 84 not applicable 85 p.129 86 not applicable 87 not applicable 88 not applicable 89 not applicable 90 not applicable

182 APPENDIXM

FINANCIAL STATEMENTS

183 184 AUSTRALIAN NATIONAL AUDIT OFFICE

Medibank House Bowes Street Woden ACT 2606

Our ref:

INDEPENDENT AUDIT REPORT

To the Minister for Transport and Communications

I have audited the financial statements of the Australian Broadcasting Tribunal for the year ended 30 June 1992. The statements comprise:

Members' Statement

Statement of Financial Position

Operating Statement

Statement of Cash Flows, and

Notes to and forming part of the financial statements

The Tribunal's members are responsible for the preparation and presentation of the financial statements and the information they contain. I have conducted an independent audit of the financial statements in order to express an opinion on them to the Minister for Transport and Communications.

The audit has been conducted in accordance with Australian National Audit Office Auditing Standards, which incorporate the Australian Auditing Standards, to provide reasonable assurance as to whether the financial statements are free of material misstatement. Audit procedures included examination, on a test basis, of evidence supporting the amounts and other disclosures in the financial statements, and the evaluation of accounting policies and significant accounting estimates. These procedures have been undertaken to form an opiriion whether, in all material respects, the financial statements are presented fairly in accordance with Australian accounting concepts and standards and statutory requirements so as to present a view of the Tribunal which is consistent with my understanding of its financial position and the results of its operations .

As disclosed in Note l(a) to the financial statements, the Australian Broadcasting Tribunal has not applied the recoverable amount test for valuation of non-current assets. I agree with this departure from Australian Accounting Standard, AASlO, "Accounting for the Revaluation of Non­ Current Assets". Application of the recoverable amount test would be misleading because a reduction in the valuation based on the ability of the non-current assets to generate net cash

GPO Box 707 Canberra Australian Capital Territory 2601 Telephone (06) 283 4777 Facsimile (06) 285 1223

185 inflows from their continued use and subsequent disposal does not represent a decline in the service value of these assets.

The audit opinion ·expressed in this report has been formed on the above basis.

Audit Opinion

In accordance with sub-section 2 8 ( 2) of the Broadcasting Act 1942, I now report that the statements are in agreement with the accounts and records of the Tribunal, and in my opinion: (i) the statements are based on proper accounts and records

(ii) the statements show fairly the financial transactions for the year ended 30 June 1992 and the state of affairs of the Tribunal at that date

(iii) the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Tribunal during the year have been in accordance with the Broadcasting Act 1942, and

(iv) the statements are in accordance with the Guidelines for Financial Statements of Public Authorities and Commercial Activities, which require compliance with Statements of Accounting Concepts and applicable Accounting Standards. !Jill~ Allan Thompson Executive Director Australian National Audit Office Sydney

2 December 1992

186 AUSTRALIAN BROADCASTING TRIBUNAL

MEMBERS' STATEMENT

In our opinion the financial statements of the Australian Broadcasting Tribunal, including the notes thereto, are drawn up so as to show fairly:

(a) The Tribunal's operating result for the financial year ended 30 June 1992;

(b) The Tribunal's financial position as at the end of the financial year ended 30 June 1992; and

(c) The Tribunal's cash flows during the financial year ended 30 June 1992.

Member as at 30 June 1992

Signed at Sydney, NSW this second day of December 1992.

187 188 AUSTRALIAN BROADCASTING TRIBUNAL Operating Statement For the Year Ended 30 June 1992

1991-92 1990-91 $ $ $ $ COST OF SERVICES Operating expenses Salaries & allowances (Note 4) 5,632,950 5,076,714 Overtime 36,269 36,990 Office rental and room hire 1,319,788 1,406,779 Consultancy fees, contract research and computer services 686,067 688,665 Travelling and subsistence 500,173 480,128 Incidentals (Note 5) 615,648 467,130 Office requisites, equipment, stationery, printing and hbra:ry 409,842 391,022 Postage, telephones and telegrams 247,395 225,895 Legal fees 228,169 200,242 Disposal of non-current assets 23,040 36,845 Minor assets (Note 1 (b)) 102,001 125,990 Repairs and maintenance 8,156 43,679 Depreciation (Note 1 (c)) 252,552 204,734 Amortisation of leasehold improvements 128,527 103,902 Amortisation of leased equipment 14,655 14,495 Unfunded charges (Note 6) 128,324 136,625 Total operating expenses 10,333,556 9,639,835

Operating revenue from independent sources Sale of publications 88,946 96,115 Interest 77,061 121,141 Miscellaneous revenue (Note 3) 113,650 247,702 Total operating revenue from independent sources 279,657 464,958 Net cost of services 10,053,899 9,174,877 REVENUE FROM GOVERNMENT Parliamentary appropriations received(Note 2) 9,739,000 9,381,000 Total Revenue from Government 9,739,000 9,381,000 Operating result (deficit) -314,899 206,123

OU1SIDE INTERESTS AND TRANSFERS Operating result (deficit) -314,899 206,123 Accumulated results of operations at beginning of financial year -565,601 -m,724 Total available for appropriation -880,500 -565,601 Accumulated results of operations at end of financial year -880,500 -565,601 The accompanying notes form an integral part of these statements.

189 AUSTRALIAN BROADCASTING 1RIBUNAL

Statement of Financial Position as at 30 June 1992

1991-92 1990-91 $ $ $ $ CURRENT ASSETS

Cash 186,114 609,313 Receivables (Note 9) 7,146 14,678 Other (Note 10) 135,134 172,352 TOTAL CURRENT ASSETS 328,394 796,343

NON-CURRENT ASSETS

Property, plant and equipment (Note 11) 990,637 1,035,377 TOTAL NON-CURRENT ASSETS 990,637 1,035,377

TOTAL ASSETS 1,319,031 1,831,720

CURRENT LIABILITIES

Creditors (Note 12) 369,428 672,961 Leases (Note 13) 24,139 19,354 Provisions (Note 14) 749,215 694,695 TOTAL CURRENT LIABILITIES 1,142,782 1,387,010

NON-CURRENT LIABILITIES

Leases (Note 15) 38,301 62,439 Provisions (Note 16) 700,670 630,094 TOTAL NON-CURRENT LIABILITIES 738,971 692,533

TOTAL LIABILITIES 1,881,753 2,079,543

NET ASSETS -562,722 -247,823

EQUITY

Capital 317,778 317,778 Accumulated results of operations -880,500 -565,601 TOTAL EQUITY -562,722 -247,823

The accompanying notes form an integral part of these financial statements.

190 AUS1RALIAN BROADCASTING TRIBUNAL

Statement of Cash Flows For Year Ended 30June1992

1992 $ Inflows (Outflows) CASH FLOWS FROM OPERATING ACTIVITIES

Inflows: Receipts from user charges 243,233 Interest received 77,061 320,294 Outflows: Payments to suppliers and employees -10, 123,628 Net cash used in operating activities (Note 25) -9,803,334

CASH FLOWS FROM INVESTING ACTIVITIES

Inflows: Proceeds from sale of property, plant & equipment 6,633 Outflows: Property, plant & equipment -36.5,498 Net cash used in investing activities -358,865

CASH FLOWS FROM GOVERNMENT

Inflows: Parliamentary appropriations 9,739,000 Net cash flows provided by government 9,739,000

Net decrease in cash held -423,199 Cash at beginning of reporting period 609,313 Cash at end of reporting period 186,114

The accompanying notes form an integral part of these statements.

191 AUSTRALIAN BROADCASTING TRIBUNAL

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 1992 1. Statement of significant accounting policies

The following summary explains the significant accounting policies which have been adopted in the preparation of the accounts.

(a) General basis of accounting

The financial statements have been prepared on an accrual basis and take into account historical cost principles. The form of the financial statements and the Notes to and forming part of the financial statements are in accordance with the Guidelines for Financial Statements of Public Authorities and Commercial Activities, which were revised in February 1992. The accounting practices adopted by the tribunal are in accordance with Australian Accounting Standards and Statements of Accounting Concepts.

In accordance with clause 7 of the Guidelines for Financial Statements of Public Authorities and Commercial Activities, the exemption from applying paragraphs 19 and 23 of Australian Accounting Standard AASIO 'Accounting for the Revaluation of Non Current Assets' has been adopted. The Australian Broadcasting Tribunal is a not for profit entity.

The accounting policies adopted in the preparation of the financial statements are consistent with those applied in the preceding year.

(b) Non-current assets

Property, plant and equipment is shown at cost less accumulated depreciation.

Items purchased for less than $1,000 are expensed.

(c) Depreciation

Depreciation is provided on all fixed assets and is calculated on a straight line basis at rates which provide for the cost to be written off over the anticipated economic lives of the assets.

Gains and losses on disposal of assets arising in the ordinary course of business are taken into account in determining the operating surplus or (deficit) for the year.

Leasehold improvements are capitalised and are amortised over the unexpired period of the lease including the period of the lease option as it was always intended that the option be exercised.

Non-current assets purchased during the year have been depreciated from the month of purchase.

(d) Leased assets

Assets acquired under finance leases are included as property, plant and equipment in the statement of assets and liabilities. Finance leases effectively transfer from the lessor to the lessee substantially all the risks and benefits incidental to ownership of the leased property. Where assets are acquired by means of finance leases, the present value of the minimum lease payments is recognised as an asset at the beginning of the lease term and amortised on

192 a straight line basis over the expected useful life of the leased asset. A corresponding liability is also established and each lease payment is allocated between the liability and interest expense.

Operating lease payments, where the lessors effectively retain substantially all of the risks and benefits of ownership of the leased items, are charged to expense in equal instalments over the lease term.

(e) Provision for employee benefits

Provision is made in the financial statements for obligations in respect of long-service leave, having regard to actual experience of employee departures and periods of service and for annual leave entitlements not taken at balance date. Provisions are calculated using current salary levels.

(0 Segmentalreporting The tribunal is responsible for regulating commercial television and commercial and public radio in Australia. It is therefore considered that for reporting purposes the tribunal operates within the one industry and geographical segment.

(g) Trade debtors

Bad debts are expensed as they become known. (h) Cash

Cash comprises cash at bank.

(i) Comparative figures.

Where applicable, prior year figures have been restated to reflect the current year's presentation of financial statements. Comparatives have not been provided for the Statement of Cash Flows, as it is impracticable.

2. Items of revenue and expense

1991-1992 1990-1991 $ $ Items credited as revenue:

Parliamentary appropriations: Appropriation Act No 1 Div 664.1 9,739,000 9,381,000 Interest 77,061 121,141 Profit on the sale of non-current assets 3,670 5,357 Items charged as expense:

Finance charges relating to finance leases 17,554 22,212 Loss on disposal of non-current assets 20,077 22,232 Rental expense on operating leases 1,199,984 1,155,05

193 3. Miscellaneous revenue 1991-1992 1990-1991 $ $ Miscellaneous revenue in the operating statement comprises the following:

Conference/seminar fees 18,592 110,145 Charges for ABT Services 4,281 Refunds of moneys paid in former years 57,182 110,339 Officer contributions towards private vehicles 4,666 4,685 Middle management development 16,180 Proceeds of sale of assets 6,633 19,970 Other revenue 6,116 2,563 Total Miscellaneous Revenue 113,650 247,702

4. Emoluments of members and associate members

Salaries and allowances includesexpensesof$637,219 ($600,653in1990-1991) to members of the tribunal appointed under Section 8 of the Broadcasting Act 1942. The remuneration payable to members is determined by the Remuneration Tribunal and is adjusted by National Wage Case decisions.

1991-1992 1990-1991 Salary Band No. of Members No. of Members

$10,000-$19,999 1 $ 70,000 - $ 79,999 1 $ 80,000-$ 89,999 1 3 $ 90,000-$ 99,999 3 1 $110,000 - $119,999 2 1 For 1991-1992 members falling within bands $10,000 to $89 ,999 are members who have been appointed or who have retired within the financial year. For 1990-1991 the member who appears in band $70,000 - $79,999 was appointed during the financial year.

5. Incidentals

In 1991-1992 the major expense components included as Incidentals were:

Component Expenses 1991-1992 199o-1991 $ $ Advertising 81,066 124,562 Staff Development & Training 206,173 75,454 Compensation 52,309 48,637 Sitting fees 35,117 36,035 Hospitality 9,275 27,674 Freight 23,268 22,497 Senior Officer Allowance 16,562

194 6. Aggregate amount of unfunded charges

Unfunded charges comprise:

Note 1991-1992 1990-1991 $ $ Long service leave 7 82,064 75,471 Recreation leave and leave loading 8 43,032 56,592 Doubtful Debts 3,228 4,562 TOTAL 128,324 136,625

7. Provision for long service leave

Provision is made for the tribunal's estimated liability for the long service leave entitlements of its members and employees. The estimate is based on a qualifying period of ten years' eligible employee service, including previous eligible service with Commonwealth or State Governments or statutory authorities, and is accrued from the commencement of the sixth year of such eligible service.

In accordance with accepted practice, a portion of the provision relating to amounts estimated to be payable within twelve months is included as a current liability and the remainder is shown as a non-current liability.

Payments of long service leave are funded by parliamentary appropriation on an as required basis and are included as expenses under the item salaries and allowances in the operating statement.

8. Provision for recreation leave and leave loading

Provision is made for the tribunal's estimated liability for the annual leave and leave loading entitlements of its members and employees. The provision has been calculated in accordance with the tribunal's terms and conditions of employment.

9. Receivables (current) 1991-1992 1990-1991 $ $ Trade debtors 12,120 11,462 Less: Provision for doubtful debts 7?90 4,562 4,330 6,900 Interest receivable 2,816 7,778 Total receivables 7,146 14,678

10. Other (current)

Prepayments 135,134 172,352

195 1991-1992 1990-1991 $ $ 11. Property, plant and equipment

Computer equipment At cost 1,233,326 1,093,846 Accumulated depreciation 544,164 490,482 689,162 603,364 Furniture and fittings At cost 183,862 166,683 Accumulated depreciation 119,986 92,524 63,876 74,159

Office machines and equipment At cost 108,516 102,111 Accumulated depreciation 47,475 33,464 61,041 68,647

Monitoring and allied equipment At cost 37,235 42,088 Accumulated depreciation 32,995 32,213 4,240 9,875

Leasehold improvements At cost 658,842 622,673 Accumulated amortisation 520,376 391,848 138,466 230,825

Leased equipment At cost 73,274 73,274 Accumulated amortisation 39,422 24,767 33,852 48,507

Total property, plant and equipment At cost 2,295,055 2,100,675 Provision for depredation and amortisation 1,304,418 1,065,298 Total written down amount 990,637 1,035,377

12. Creditors (current)

Trade creditors 369,428 672,961

13. Leases (current)

Lease liability 24,139 19,354

196 1991-1992 1990-1991 $ $ 14. Provisions (current)

Provision for long service leave 114,062 102,574 Provision for recreation leave 635,153 592,121 749,215 694,695

15. Leases (non-current)

Lease liability 38,301 62,439

16. Provisions (non-current)

Provision for long service leave 700,670 630,094

17. Superannuation Tribunal members and staff contribute to either the Commonwealth Superannuation Scheme or the Public Sector Superannuation Scheme, which provide pension, lump sum and other benefits. Under both schemes there exists an employer component which is funded direct from the treasury.

Members and staff of the tribunal are also covered by the provisions of the Superannuation Benefit Act 1988 which provides for additional superannuation benefits averaging 3% of salary. Contributions are funded by the tribunal and are paid to the Retirement Benefits Office which is liable for payment of the 3% superannuation benefits.

One member of the tribunal contributes to a private superannuation scheme administered by AMP. In this instance the tribunal funds the employer contribution as well as the 3% superannuation benefit.

18. Resources received free of charge

During 1991-1992, the tribunal was provided with services without charge from the Australian National Audit Office for auditing of the 1990-1991 accounts. Had the tribunal been charged, the services would have amounted to $49,074.

During 1991-1992, the tribunal was provided with services without charge from the Australian Government Solicitor. Had the tribunal been charged, the services would have amounted to $232,000.

19. Commitments for expenditure not brought to account

1991-1992 1990-1991 $ $ Operating lease commitments:

Not later than 1 year 922,351 1,142,598 Later than 1 year and not later than 2 years 38,676 938,579 Later than 2 years and not later than 5 years 8,563 47,482 TOTAL 969,590 2,128,659 197 1991-1992 1990-1991 $ $ Finance lease commitments:

Not later than 1 year 36,362 36,362 Later than 1 year and not later than 2 years 36,362 36,362 Later than 2 years and not later than 5 years 8,660 45,022 Minimum lease payments 81,384 117,746 Deduct: Future finance charges -18,941 -35,953 TOTAL 62,443 81,793

20. Contingent liabilities

From information currently available it is estimated that the tribunal's liability for ongoing legal fees is $80,000. In the normal course of events these costs will be separately funded by the Commonwealth as they become payable. The contingent liability may vary greatly depending on the course of litigation.

21. Licence Fees

Moneys received by the tribunal in respect of broadcasting and television licence fees are not reflected in the financial statements because the tribunal only acts as an agent for the Minister for Transport and Communications in so far as the billing and collection of licence fees is concerned. Payments received by the tribunal's Sydney office are forwarded to the Department of Transport and Communications. Licence fees receivable during 1991-1992 amounted to $120,449,422 ($136,664,102 in 1990-1991) comprising $112,673,087 ($119,487,537) in television licence fees and $7,776,335 ($17,176,565) in radio licence fees. Television licence fees of $376,617 and radio licence fees of $520,226 remained unpaid as at 30June1992.

During the year $77,551 was refunded in overpaid television licence fees and $223,827 was refundable in overpaid radio licence fees. As at 30 June 1992 $196,185 of radio licence fees remained unrefunded. In addition, $14,095,799 was allowed to licencees in the form of an aggregation rebate under the Television Licence Fees Regulations.

Details of other categories of fees are as follows:

Initial licence fees receivable on the grant of a licence amounted to $3,000.

The establishment fee was repealed in January 1992. No establishment fees were collected during 1991-1992.

The AM/FM conversion fee was also repealed in January 1992 and the total amount received was $132,221. The FM Access Fee commenced from 3 January 1992 and applies to all non metropolitan commercial radio grants, including supplementary licence grants, and to existing non metropolitan commercial radio services' conversions from AM to FM transmission. Total FM Access Fees received as at 30 June 1992 totalled $812,568. ·

198 The limited licence scheme is designed to authorise restricted broadcasting services within defined categories. The amount of limited licence fees received during 1991-1992 totalled $46,250.

22. Members

The following persons held the position of member or associate member of the Australian Broadcasting Tribunal throughout the financial year ended 30 June 1992.

PWesterway Appointed 10 September 1991 (Chairman) Ceased 30June1992 MRamsden Appointed 26 September 1988 (Acting Vice Chairman) Retired 27 April 1992 KWilson Appointed 1 December 1987 BAllen Appointed 26 April 1988 S Brooks Appointed 1 August 1988 TO'Keefe Appointed 30July1990 PWebb Appointed 11May1992 (Vice Chairman)

23. Insurance

Consistent with Commonwealth Government policy the tribunal acts as its own insurer. Losses are expensed as incurred.

24. Subsequent event

On the 4 October 1992, new legislation, the Broadcasting Services Act 1992, created the Australian Broadcasting Authority (ABA). The ABA took over the licensing, programming and ownership and control functions of the Australian Broadcasting Tribunal (ABT), as well as the function of planning and broadcasting spectrum from the Department of Transport and Communications.

The final financial statements of the ABT are to be prepared for the period 1 July 1992 to 4October1992.

199 25. Reconciliation of operating result with cashflows from operations

1992 $ Operating result ( deficit) -314,899 Decrease in receivables 7,089 Decrease in other current assets 37,218 Decrease in creditors -301,731 Decrease in lease commibnents -19,354 Increase in employee entitlements 125,096 Depreciation and amortisation 395,734 Increase in provision for doubtful debts 3,228 Adjusbnent for assets not previously capitalised -13,122 Loss on disposal of property, plant & equipment 20,077 Gain on disposal of property, plant & equipment -3,670 -64,334 Parliamentary appropriations -9,739,000 Net cash used by operating activities -9,803,334

Reconciliation of cash

Cash at the end of the financial year as shown in the statement of cash flows is reconciled to the related items in the statement of financial position as follows:

Cash at bank 186,114

200 Index

2AAY Albury 37 2XL Cooma 139, 159 2AY Albury/Wodonga 21, 37, 139, 159 2XXX Newcastle 37, 84 2BH Broken Hill 23 2YOU Tamworth 139, 146, 148, 160 2CCC Gosford 38 3AW Melbourne 32, 139 2CH Sydney 139, 162 3BA Ballarat 140, 159 2DAYFMLtd 4 3BAY Geelong 34, 49, 140, 146 2DA Y Sydney 4 7 3BBB Ballarat 140, 160 2DU Dubbo 138, 139, 159, 161 3CAT Geelong 140, 159 2EAR Eurobodalla 139, 160 3CCC Bendigo/Castlemaine 140, 160 2EC Bega 139, 159, 162 3EE Melbourne 37, 49 2GB Sydney 49, 65, 76 3GGG Geelong 159 2GF Grafton 139, 159 3GG Warragul 22, 49, 140 2GGO Gosford 50, 84 3HOT Mildura 34 2GN Goulburn 139, 159 3KKZ Melbourne 50, 139, 162 2GO Gosford 84 3MA Mildura 34, 49, 140 2KKO Newcastle 37 3MDR Mountain Districts, Melbourne 20 2KO Newcastle 37, 139, 159 3NE Wangaratta 21 2KY Broadcasting Pty Ltd 139, 162 3RIM Melbourne 140, 160 2KY Sydney 104, 139, 162 3RPC Portland 140, 160 2LF Young 139, 162 3RPP Melbourne 140, 160 2LM Lismore 21, 138, 161 3SER South Eastern Suburbs, Melbourne 20 2LT Lithgow 139, 159 3SR Shepparton 35 2MG Mudgee 138, 139, 159, 161 3SUN Shepparton 34 2MO Gunnedah 25 3TR Sale 22 2MW Murwillumbah 138, 161 3UZ Melbourne 140, 159, 162 2MWM Manly Warringah 139, 160 3WRB Melbourne 33, 140, 147 2NBC Narwee 139, 160 3XYMelbourne 34, 37, 49, 140, 144 2NSB Chatswood 139, 160 4AAA Brisbane 38 2NVR Nambucca 19, 38 4AK Toowoomba/Darling Downs 138, 140, 159, 161 2NX Newcastle 37, 84 4BBB Brisbane 4 7 200 Wollongong 37, 84, 139, 159 4BH Brisbane 140, 162 2000 Sydney 38 4BU Bundaberg 26 2PK Parkes 138, 139, 159, 161 4CA Cairns 25 2QN Deniliquin 35 4CC Gladstone 140, 159 2RDJ Burwood 139, 160 4CRB Gold Coast 74, 140, 144, 160 2REM Albury-Wodonga 31, 139, 160 4GR Toowoomba 140, 159 2RES East Sydney 139, 160 4GY Gympie 138, 140, 159, 161 2RG Griffith 138, 161 4HI Emerald 140, 162 2RRR Ryde 139, 160 41P Brisbane 38, 48 2SM Sydney 139, 162 4LG Longreach 35, 140, 159, 162 2SSR Sutherland 38 4LMMtlsa 24 2ST Nowra 139, 162 4MK Mackay 23, 103, 138, 162 2TEN Tenterfield 26, 139, 160 4SB Kingaroy 140, 159, 162 2TM Tamworth 25 4TAB Brisbane 38, 48 2UE Sydney 139, 159, 162 4VL Charleville 46, 47, 49, 140, 163 2UUL Wollongong 37 4WK Warwick 140, 159 2UUS Sydney 37 5AU Port Augusta 141, 163 2UW Sydney 37 5CC Port Lincoln 141, 159 2VM Moree 139, 146, 159 5CS Crystal Brook 141, 159 2WAY Port Macquarie 20, 38, 147 5CST South Western and Western Suburbs, 2WEB Bourke 26, 32 Adelaide 20, 29, 38 2WFM Sydney 37 5KKA Adelaide 139, 140, 159, 162 2WG Wagga 22, 139, 162 5RAM Adelaide 38 2WIN Wollongong 37, 84 5RM Renmark 141, 163 2WKT Bowral 139, 160 5UV University of Adelaide 29 2WL Wollongong 139, 159 6AM Northam 137, 141, 159, 161, 163 2WS Sydney 37 6BAY Geraldton 19 2WSKNowra 20 6BY Bridgetown 141, 163

201 6GE Geraldton 83, 141, 159, 163 Albers, Pablo 58 6GGG Geraldton 83 Albert, John 141, 163 6GL Perth 38, 4 7 Albury Banner Pty Ltd 141, 163 6IX Perth 38, 47, 141, 163 Albury-Wodonga Broadcasters Ltd 21 6KA Karratha 35, 137, 141, 159, 161 Alice Springs Commercial Broadcasters Pty Ltd 38, 6KG Kalgoorlie 49, 137, 141, 159, 161 107 6LN Carnarvon 141, 159 Alice Springs Community Broadcasters Ltd 157 6NA Narrogin 141, 163 Alice Springs FM Pty Ltd 135 6NEW Newman 141, 160 Allen, Bruce 4 6NW Port Hedland 35, 137, 141, 159, 161, 163 Alpine Broadcasters Pty Ltd 142, 157 6PM Perth 49, 137, 161 AM/FM conversion fee 83, 99 6PPM Perth 137, 141, 159, 161 Amalgamated Television Services Pty Limited 6RPH Perth 20, 38 105, 106 6RTR Perth 38 AMP Society 137, 161 6TZ Bunbury 141, 163 AMV Regional Victoria 138, 161 6UVS Perth 38 Annual Collection for Public Radio 90 6VAAlbany 141, 159, 163 Annual Collection of Data 90, 177 6WB Katanning 141, 163 Annual Financial Returns 90 7HHO Hobart 36 Annual Return (ABT 11) 35 7HT Hobart 36 Australian National Opinion Polls 155 7LA Launceston 139, 162 Anti-Discrimination Board ofNSW 104 7THE Hobart 141 ANZ Banking Group Ltd 137, 138 8DN Darwin 19, 45, 46, 49, 50, 141, 145, appraisal scheme 146, 163 legal staff 123 8HA Alice Springs 24 approved market 95 8HOT Darwin 23, 49 Approved Market A 4 7 8SUN Alice Springs 38 Approved Market C 85 area inquiries 174 A Arts Radio Ltd 38 Abdilin Pty Ltd 141, 163 Aspermont Ltd 138, 161 Aboriginal Community College Incorporated 29 Associated Communication Enterprises (2WL) Pty Aboriginal Conference 133 Ltd 37 Aboriginal Program Advisory Group 32 Associated Newspaper Register 81, 97, 168, 178 ABT Annual Report 175 ATN Sydney 137, 161 1985-86 97 attitudinal research program 61 1987-88 24 Attorney-General 3 1988-89 24 Attorney-General's Department 116, 117 1989-90 24 ATV Melbourne 43, 46, 50, 137, 138, 144, 161 1990-91 21, 22, 24, 36, 44, 46, 72, 74, 76, audience reach 46 91, 164 Auditor-General 130 ABT Manual 111, 112 office 172 ABTEE 111, 112, 172, 176 report 129 AC Nielsen 62, 155 Ausradio Pty Ltd 26, 104, 157 Action on Smoking and Health Limited (ASH) 72, Austarama Television Pty Ltd 50 104 Austereo 47 Actraint No 116 Pty Ltd 50 Australian Association of National Advertisers Adelaide Festival of the Arts 142, 158 67, 135, 174 Administrative Appeals Tribunal 116 Australian Broadcasting Authority 124, 128 Administrative Decisions (Judicial Review) Act Australian Broadcasting Control Board 15 1977 44, 103, 104, 105, 106, 107 Australian Broadcasting Corporation 4, 60 Administrative Law Forum 133 Australian Broadcasting Tribunal (Inquiries) Administrative Review Council 58 (Amendment) Regulations SR 1991 No. 488 99 ADS Adelaide 48, 137 Australian Broadcasting Tribunal (Inquiries) advertisements Regulations 1986 23, 73, 78, 97, 108, political 60 167, 174 promotion 106 Regulation 8(l)(b) 71 time 68, 106 Australian Capital Television 106 Advertising Federation of Australia 135, 174 Australian Children's Television Foundation 152 advertising time on television inquiry 105, 144, 147 Australian Commercial Disputes Centre 3 AGB McNair 62, 155 Australian content 53 Age, The 41, 42 advertisements 53 aggregation area 95 Australian factor 55 aggregation rebates 84 C drama 55

202 C drama 55 Brainwaves Information Services 155 compliance with 58 branch drama/diversity score 55 Grants and Renewals 168 programs 53 Information and Analysis 81, 168 quotas 54 Information Systems 171 radio 54 Legal 171 television 54, 113 Management Services 171 attitudes to 61 Ownership and Control 168 transmission quota 54 Publications and Public Relations 111, 171, 172 Australian content on commercial television Research and Assessment 169 inquiry 67, 73 Secretariat 171, 172 Australian Council for Children's Films and Standards Inquiries 169 Television 108 Brisbane Indigenous Media Assoc Inc. 38, 158 Australian Film Commission 71 Brisbane TV Pty Ltd 138, 142, 157 Australian Film Finance Corporation 71 British Broadcasting Standards Council 61 Australian Film, Television and Radio School 4, 58, Broadcasting (Limited Licences) Fees Regulations 71, 133 1992No. 126 Australian Formula One Grand Prix 72, 104 100 Australian Formula One Grand Prix Broadcasting Act 1942 41, 43, 47, 65, 82, Board 142, 158 95, 98, 99, 105, 107, 116, 129 Australian Government Gazette 174 contravention 45, 49 Australian Government Publishing Service Divisions 1 15 Bookshops 175 paragraph 125((2) a) 116 Australian Government Solicitor 171 Part lllB 19 Australian Market Research 62 Part lllBA 19 Australian music on radio 54 Part II 15, 97 Australian National Audit Office 129 Part IIIB 95 Australian National Opinion Polls 61 Part IIIBA 15, 95, 167 Australian Public Service 123, 125 Part IIIC 95 Australian Red Cross Society (Vic) 142, 157 Part IIID 15, 167 Australian Television Network 154 PartIV 97 Austscript 175 s. 7 15, 164 AWA Ltd 139, 162 s. 15(d) 50 AWAMediaPtyLtd 37, 49, 140 s. 15C 16 AWA Radio Network 4 s. 15D 16 s. 15E 121 B s. 16 174 Ballarat Tourist Association 142, 157 s. 16(1)(d) 97 Bank of China 137 s. 16(2) 135 Banksia Productions 152, 154 s. 17A 97 Barossa Tourist Assoc. Inc. 20, 158 s. 17C(l) 32, 97 Barrier Reef Broadcasting Pty Ltd 23, 103, 138, s. 17C(2) 42, 97 140, 162 s. 17C(3) 97 Barron Films Ltd 152 s. 17C(7) 108 Batavia Coast Broadcasters Pty Ltd 141, 163 s. 18 15, 95 BBC 4 s. 19 175 BCV Western Victoria 137, 138, 162 s. 21 50, 104 Beach Media Pty Ltd 4 7, 48 s. 22B 103 Beaumont, Mr Justice 103, 104 s. 23 180 Beazley, Hon. Kim 16 s. 29 173 Beecroft Audio Publications Pty Ltd 20, 142, 157 s. 80 96 Bellarine City Rural Council 20, 142, 1570 s. SOB 21, 104 Berry, Coomber, McVean 162 s. 82 95 Bitmead, S 139, 162 s. 82A 95 BKN Broken Hill 138, 161 s. 82AA 95 Black,Conrad 42 s. 82AAA 21, 25, 95 Blake Dawson Waldron Broadcasting Seminar 133 s. 82AB 20, 95 Blue Mountains Public Broadcasting Society s. 83 (1) 54 Inc. 27, 158 s. 83B7 25 Blum, Michele 121 s. 83B(7)(c) 25 Bond Group 49, 141, 163 s.85 34, 76,97 Bond Media Ltd 46, 138, 141, 162, 163 s.89A 15,50, 167 Boomerang Film Productions 152 s. 89B 15, 167

203 s. 89C 15, 167 Broadcasting Station 41P Pty Ltd 38, 47, 48 s. 89CA 15, 167 Brooks, Suzanne 4, 133 s. 89CB 15, 167 BTQ Brisbane 58, 137, 161 s. 89CC 96 Bundaberg Broadcasters Pty Ltd 26 s. 89D 95 Bureau oflndustry Economics 4 s. 89DAA 95 Burnbay Investments Pty Ltd 138, 162 s. 89DAP 95 Burran Aboriginal Corporation 32 s. 89JA 42 s. 89K 42 c s. 89KB 44 C Australian drama 150 s. 89S 97 programs classified 152 s. 89T 95 C classification 56, 57 s. 89U 95 Ctime 56 s. 89X 42 Cabinet submissions 175 s. 90C(2) 49 Cairns FM Pty Ltd 25 s. 90J(4) 49 call sign changes 37 s. 90J 41 Camberley Pty Ltd 139, 162 s. 90JA 41 Campbell, M 116 s. 91AAD 95 Canadian Broadcasting Corporation 4 s. 92C(l) 103 Canadian Department of Communications 4 s. 92F 41 Canal Plus Distribution 152 s. 92FAA 41 Canberra University 58 s. 92JB(2) 42 Capital Television Holdings Ltd 48 s. 92P 42, 141 capital works 129 s. 92JB(3) 49 Caralais, BG & PA 138, 161 s. 99 76 Carter, Hon. Mr Justice, QC 44 s. 99 (lA) 76 Casey, Ron 104 s. 99(2) 97 CBN Central and South Eastern NSW/ACT 19, 30, s. 100(5A) 72 85, 138, 158, 161 s. 100(10) 72 Central Coast Community FM Radio Assoc. Inc. 26, s. 101 76, 97 38, 158 s. 103 33, 77 Central Queensland Aboriginal Land Council 28 s. 114(1) 54 Champion Productions Pty Ltd 142, 157 s. 114(2) 54 Chief Justice 106 s. 116 61 Children's Program Committee 56, 57, 58, 78, s. 119 76 108, 116, 173 s. 119AB 34, 36, 53, 74 report 150 s. 119AB(3) 73 children's television 54 s. 119AB(3)(a) 74 children's television standards 55, 56, 112, 145, 173, s. 119AB(3)(b) 74 175 s. 119AB(3)(c) 74 compliance with 58 s. 123 86 CTS1(6) 78 s. 124 16, 167' 170, 175 Children's Week 56 s. 124A 86 Christian Radio Inc. 29, 30, 38, 158 s. 125 175 Christina Grant Investments Pty Ltd 139, 162 s. 125D 95, 167 CIRCIT 133 Broadcasting Amendment Act (No 2) 1991 21, 24, 98 classification 65, 148 Broadcasting Amendment Act (No. 2) 1990 50 community attitudes to 66 Broadcasting Amendment Act 1991 42 inquiry 145 Broadcasting Amendment Act No. 158of1991 98 discussion paper 67 Broadcasting and Television Act 107 research 61 Broadcasting Financial Yearbook 90, 111, 176 symbols 66 1989-90 111 co-productions report 144 1990-91 81, 111 Cochrane and Armstrong 152 Broadcasting in Australia 20, 90, 111, 176 Collins, Graham Michael 49 1990 111, 113 Collins, Senator The Hon. Bob 16 Broadcasting Operations Pty Ltd 138, 161 Commentaries 171, 175 Broadcasting Reform Conference 133 comments and complaints 59 broadcasting revenue 87 number of 149 commercial radio 87 Commercial Film Production Association 67 television 86 commercial FM radio licence broadcasting services grant 22 planning 96

204 complaints 149 Licensing Division 180 licence grants 157 Programs Division 180 licence renewals 159 Duff,RJ 48 commercial television complaints 149 E licence renewals 158 Eagle Ltd, The 38, 141, 163 commercial viability 26, 98 Effie Holdings Pty Ltd 152 Common Ground Consulting 155 Einfeld , Mr Justice 103 Commonwealth Broadcasting Corporation Pty Emerald Broadcasting Co. 140, 162 Ltd 37 ENT Ltd 44, 45 Commonwealth of Australia 106 Equal Employment Opportunity 172 Communications and Media Law Association 134 Equal Employment Opportunity Plan 123 community attitudes research 145 establishment fee 83, 99 Community Information Association 133 Executive Development Scheme 124 Community Radio Albury-Wodonga Co-operative Society 31 F Community Views on Broadcasting Regulation FAI Insurance Ltd 137, 161 62, 112 Fairfax Group 116, 144, 145 Companies Code 45 Fairfax Pty Ltd 137 Concept Service Mart (Qld) Ltd 46, 49, 140, 163 Farrugia, Allan 155 Consolidated Press Holdings Ltd 42, 43, 46 Far West Radio Pty Ltd 23, 142, 157 consultants 155 FatCat 146 Contingent Residual Undated Subordinated Federal Court 21, 22, 23, 26, 42, 45, 72, Tranche (CRUST) 44 98, 103, 104, 105, 106, 107 controlling interest 4 7 Federation of Australian Commercial Television corporate credit card 129 Stations (FACTS) 57, 135, 174, 178 Corporate Services Division 171 Federation of Australian Radio Broadcasters Corporation of the City of Glenelg 20, 143, 158 (FARB) 4, 36, 135, 136 174 Cosser, Steve 46 fee Cotton, IS 48 AM/FM conversion 83 Courts Service annual licence 84 New South Wales 3 establishment 83 Crawford Productions Pty Ltd 152 FM access 84 cross-media 44 limited licence 86 limit 42, 49, 96, 97 Field Associates (Australia) 153 Croxon, Hal 58 film and television co-production 65, 70 CTC Southern NSW 48, 137, 138, 161 Film Censorship Board 5 Curran, Charles 48 FINALCO 155 D financial capability 47, 81, 82 financial databases 81 Daily Telegraph plc, The 42 financial information Darling Downs TV Ltd 138, 161 public radio 88 Darwin Broadcasters Pty Ltd 50, 141, 163 financial statements 130, 183 Darwin Broadcasting Pty Ltd 50 FM access fee 84, 99 David Stroh and Associates 155 FM Gippsland Pty Ltd 22 Davies, Mr Justice 72, 103, 104, 105 FOi Co-ordinator 116, 180 Davis, Madeleine 121 FOi Practitioners' Forums 116 DDQ Darling Downs 138, 161 FOi process 116 Deloitte Ross Tomatsu 155 foreign content in television advertisements 67 Department of Finance 129 foreign content inquiry 144 Department of Foreign Affairs and Trade Forsby Pty Ltd 140, 162 Trade Branch 133 Forum of Commonwealth Agencies in New South Department of the Prime Minister and Wales 125 Cabinet 4, 181 Foundation for Information Radio of WA Inc. 20, 38 Department of Transport and Frame Film and Television Productions 152 Communications 3, 171 Frank Small & Assoc. 61, 155 Broadcast Policy Division 135 Fraud Control Plan 128 Direct Alternatives Pty Ltd 58 Freedom oflnformation 164 Director cost 117 Corporate Services Division 180 Freedom of Information Act 1982 115, 135, 164, 172, 175, 179 paragraph 43(1)(b) or (c) 116 s. 8 164

205 paragraph 43(1)(b) or (c) 116 I s.8 164 Industrial Democracy 124, 172 s. 38 116 Plan 124 s. 41 116 Industrial Printing and Publicity Co. Ltd, The 50, s. 42 116 139, 162 s.45 116 Information and Education Branch 111 Fremantle International Productions 152 initial licence fee 83 Fusion Australia Ltd 142, 157 INP Consortium Limited 105 G inquiry advertising time on television 68 Geelong Independent (Radio) Ltd 34, 140 Australian Grand Prix 72 George Patterson Pty Ltd 72 classification 5, 108 Geraldton FM Pty Ltd 19, 135 current affairs 76 Gillard, Dr Patricia 58 film and ~levision co-productions 70 Glenstar Pty Ltd 141, 163 first release Australian documentary GLFM Pty Ltd 34, 49 programs 71 GLV Eastern Victoria 137, 138, 162 Laws, John 75 Gold Coast Events Co. Pty Ltd 142, 157 program promotions 67 Goulburn Community Radio Association Inc. 73 radio sponsorship announcements 73 Goulburn Valley Broadcasters 34 religious broadcasts 77 Governor-General 164 RPS 3 75 grandfathering 68, 97 Teenage Mutant Ninja Turtles 74 Grangeridge Nominees Pty Ltd 47, 141, 163 test market provisions 72 Great Northern Broadcasters Pty Ltd 135, 141, 163 Institute of Early Childhood 58 Greater Cairns Radio Ltd 25 Intellectual Disability Rights Service 58 Greater Gippsland Radio Pty Ltd 49 ITQ Mount Isa 137, 138, 161 Greenwich Pty Ltd 141, 163 Griffith City Community FM Association Inc. 27 J Grimmond, Norm 121 J Walter Thompson Advertising 58 Group D market 107 John Fairfax Group Pty Ltd 41, 43, 105 GTS Spencer Gulf North 138, 161 Johns, Brian 4 GTV Melbourne 42, 161 Guide to Interpretation and Application of section K 119AB of the Broadcasting Act 74 Guidelines for the Preparation of Departmental Kadar, Klari 58 Annual Reports 181 Kalgoorlie Miner, The 49 Gummow, Mr Justice 106 Kangaroo Holdings Pty Ltd 141, 163 Kapel Holdings Ltd 138, 161 H Katherine Community Radio Incorporated 30, 143, 158 HahndorfTourist Association Inc. 20, 143, 158 Kerin, Hon. John 16 Haigh, Graeme 121 Kidz 1V 56, 112, 113 Haines, David 5 KPMG Peat Marwick 128, 155 Halfar Pty Ltd 137, 161 KZFM Radio Pty Ltd 50 Hampton, Wayne 58 Hands-On Systems 155 L Harbour Radio Pty Ltd 48, 135 Harkness, J 138, 161 L Promotions Pty Ltd 153 Harness Racing Board 140, 162 Labour Council ofNSW 139, 162 Harris, Ward and Crossman 155 Lachlan Valley Community FM Incorporated 27 Hastings Community FM Radio Association Lachlan Valley Community Radio Inc. 158 Inc. 20, 38 Lader Pty Ltd 137, 161 Hazlehurst, Ms Noni 112 Lanson Investments Pty Ltd 141, 163 Hellman and Friedman Capital Partners II 42 Lawrence Pty Ltd 139, 162 Herd, Nick 121 Laws, John 75, 107, 144 High Court of Australia 106 Legal Aid Commission 3 Hill, Mr Justice 105 Lenvoka Pty Ltd 137, 161 Hit Communications PLC 152, 153 Library 171 Hobart FM Inc. 36 licence HSV Melbourne 137, 161 condition 19, 32, 33, 34, 35, 36 Hunter Broadcasters Pty Ltd 37 revocation 35 grants 19, 23, 25, 26, 158 ownership and control of 167 participation in the benefits of 19

206 commercial radio 159 Minister for the Arts, Sport, the Environment and commercial television 158 Tourism 71 public radio 160 Minister for Transport and Communications reports published 157 15, 20, 21, 22, 23, 24, 25, 26,27, 28, 29, 30, share transaction approval 19 49, 65, 70, 71, 83, 85, 95, 96, 97, 107, 164, special interest 28, 29 167, 169 supplementary 22, 24, 25, 26, 98 directions 95 suspension 33 functions of 167 suspension and revocation 19 Ministerial briefings 175 transfers 19, 49 Ministerial correspondence 175 licence fee 97 MLC Life Ltd 139, 162 annual 82, 84 monographs 62, 112 initial 83 Mountain District Radio Inc. 20 payable 83 MTN Griffith 48, 50, 138, 161 licence grants MTV Networks 152 public radio 158 multi-channel service 95 licence reports published 157 Multicultural Community Radio Association Ltd 38 licensee Murray Leisure Group 137, 161 compaints against 53 Murray River Broadcasters Pty Ltd 141, 163 constituent documents of Murray River FM Pty Ltd 141, 163 changes to 21 MVQ North Queensland 137, 138, 161, 162 Licensing Division N functions 168 limited licence 86, 142 National Children's Week Ambassador 112 grant 142, 157 National Film and Sound Archive 3 Limited Licences Scheme 20 National Metropolitan Radio Plan 95 Linter Group 138, 161 National Viewers and Listeners Association of Lochfield Consultants Pty Ltd 50, 138 Aust. 108 Lowy, Frank 46 National Viewers and Listeners Association of Lyndeal Pty Ltd 139, 162 WA 77 M NEN New England/Mid North Coast 138, 158, 161 Network Ten Qld Ltd 50 M & J Nash Enterprises 156 NEWPerth 48 Mackay Community Radio Association 28 Newcastle Christian Broadcasters Ltd 142, 157 Mackay Television Ltd 138, 162 news releases 113, 144 Macquarie Broadcasting Holdings Limited 76 Nexbury Pty Ltd 138, 162 Macquarie University 58 Nine Network Australia Pty Ltd (NNAL) 46, 47, Mallacoota and Genoa Broadcasting Co-operative 108, 137, 138, 161 Society 28, 158 North East Remote Radio Service 26 Manchar Holdings Ltd 46 North Queensland Broadcasting Corporation Pty Mancross Pty Ltd 137, 161 Ltd 24 Manden Prods Pty Ltd 137, 161 North West Regional Aboriginal Lands Council 32 Manser, Pat 121 Northern NSW FM Pty Ltd 21, 105 Maranoa Broadcasting Co. Ltd 140, 162 Northern Rivers Television Ltd 138, 161 Mark, Stephen 105 Northern Star Holdings 46, 137, 161 Market City Radio Association Inc. 20 Northern Territory FM Ltd 23, 45, 49, 141, 163 Maxsted LD 138, 161 Northwest Radio Pty Ltd 35 McQuestin, David 45 NRN Grafton-Kempsey 137, 138 Media and Communications Council 135, 174 NRN North East NSW 161 Media Company (NT) Pty Ltd, The 23 NSW Joint Agencies Training Committee 124 media consultant 111, 172 NSW Medical Tribunal 58 liaison 113 NSW Regional Directors' Training Steering training 113 Committee (RDSTC) 125 Media Council of Australia 178 Action Management 125 Melbourne TV Pty Ltd 138 Staff Development Interchange Program 125 Meridian Holdings Ltd 138, 161 NTD Darwin 23, 137, 161 Mid Queensland Broadcasting Pty Ltd 35 NWS Adelaide (Southern Television) 137 Middle Management Development Program 125 Millenium Pictures Pty Ltd 152 0 Millicent Community Access Radio Inc 30 occupational health and safety (OH&S) 123, 172 Mine Sagin 156 Policy 123 Minister for Post and Telecommunications 15

207 0 regulation 97 standards 53, 65, 97, 169, 178 occupational health and safety (OH&S) 123, 172 compliance with 53 Policy 123 Programs Division Office of Film and Literature Classification 61 67 functions 169 OH&S (Commonwealth Employment) Act 1991 ' 123 Progressive Radio Association 174 O'Keefe, Tim 4, 103, 133 Promote Pty Ltd 49, 140 Ombudsman 108 Public Broadcasting Association of Osborne, Lesley 121 Australia 135, 174 ownership and control Public Duty and Private Interest Guidelines 129 licensee companies 41 public inquiry 65 limits 97 public inquiry reports published 137 Ownership of Australia's Broadcast Media 111, 176 public radio 88 Oz Content 113 complaints 149 p licence grants 158 licence renewals 160 P classification 56, 57 Public Sector Management Course 125 P programs 154 Public Sector Union 124 Pacific Vision Pty Ltd 142, 157 Public Service Act 1922 165 Packer, Kerry 42, 43 Public Service Commission 124, 125, 133, 172 Paramore, Ms 107 Public Service Commissioner 123 Parker,E 139,162 Publications and Public Relations Branch 111 Paul Ramsay Holdings Pty Ltd 138, 161 publications sales 128 performance appraisal 122 performance pay 122 Q Personal Information Digest 129 Qintex Group 137, 161 Petre, Clare 58 QQQ North East Region 137. 161 Phoenix Contracting 156 QTQ Brisbane 137, 161 Policy Statements 171, 175 Quadrant Research Services 61, 156 political advertising Quaestor Pty Ltd 137, 161 ban 146 Queensland Investment Corporation 137, 161 regulation of 99 Queensland Radio Ltd 140, 162 Political Broadcasts (ACT) Regulations SR 1992 No. Queensland Regional Broadcasters Pty Ltd 162 1 100 Queensland Regional Broadcasting Pty Political Broadcasts (NSW) Regulations SR 1991 No. Ltd 140, 162 489 100 Queensland Television Ltd 142, 145, 158 Political Broadcasts (Tas) Regulations SR 1991 No. Quoiba Ltd 50, 138 482 100 Political Broadcasts and Political Disclosures Act No. R 203of1991 60, 99, 106 Radio 2CH Pty Ltd 139, 162 complaints 60 Radio 2KO Newcastle Pty Ltd 37 population limit 103 Radio 2SM Pty Ltd 139, 162 Portlook Pty Ltd 140, 162 Radio 2UE Sydney Pty Ltd 139 162 Postal and Telecommunications Department 15 Radio 3UZ Pty Ltd 140, 162 ' Practice Notes 59, 171, 175 Radio 3XY Pty Ltd 49 prescribed interest 41 46 4 7 96 loan 50 ' ' ' radio advertising conditions 53, 175 radio advertising revenue 144 threshold 41 Radio Albury-Wodonga Ltd 37 prescribed parties 41 Prime Television (Southern) Pty Ltd 30 Radio East Gippsland Inc. 28, 158 Prime Television (Vic) Pty Ltd 138, 161 Radio Italiana Incorporated 29 30 Radio Licence Fees Act 1964 97 Principal Legal Officer 180 82 Radio Licence Fees Amendment No. 184 of Privacy Act 1988 129, 172 A~t 1991 99 Privacy Commissioner 129 Radio Nambucca Inc. 19, 38 Probus Club radio program standards 53, 175 Gosford 134 RPS 3 75, 104, 108, 133 Proctor & Gamble Australia Pty Ltd 72 RPS 4 54 Producers' and Directors' Guild 133 RPS 8 77 program Radio Ten Pty Ltd 4 7 classification criteria 66 Rainette Pty Ltd 152 classification standards 66 Ramcorp Ltd 138, 161 content RCRS licence 26 classification 5 3

208 recycling scheme 129 Spencer Gulf Telecasters Ltd 138, 161 Redfern Legal Centre 58 sponsorship announcements 53, 73 Registered Lenders scheme 50 staff development and training 124 Remote Commercial Television Services 32 staff of broadcasting licensees 90 Remote Stereo Nth/East Zone 141 Stafford, ML 140, 162 research section 61 State Bank ofNSW 137 Richards, Debra 121 State Library of Tasmania 135 Richardson, Hon. Graham 16 State Offices Richmond Rivers Broadcasters Pty Ltd 24, 103 functions 170 Riverina & Nth East Victoria Television Pty State Reference Library Ltd 138, 161 Darwin 135 Riverina Broadcasters (Holdings) Pty Limited 107 Stations, Markets and Operations Section 90 Robert Bruning Productions Pty Ltd 152 Sturrock, VC 138, 161 Robertson, Donald 121 STV Mildura 138, 162 Rockhampton Ltd 138, 161 STW Perth 138, 162 Rockworth Pty Ltd 26 substantive power 65, 97 Romano, Frank Oreste 141, 163 Sunraysia Broadcasters Pty Ltd 34, 49 Rouse, Edmund Alexander 44 Sunraysia Television Ltd 138, 162 R'IN Lismore 137, 138, 161 supplementary licence 107 RTQ Regional Queensland 31, 47, 138, 158, 161 inquiry 21 RVN Wagga 19, 85, 138, 158, 161 supplementary radio 157 Supreme Court ofNSW 105, 107 s Sutherland Shire Community Radio Association Sabtel Pty Ltd 138, 162 Inc. 38, 158 SAS Adelaide Foothills 137, 161 Sydney Morning Herald 41, 42 Schiller, Wendy 58 Sydney TV Pty Ltd 137 Scott, Alan 108 Sydney University 134 Scout Association of Australia (Vic Branch) 142, 157 Systematics 156 Screen Production Association of Australia 71 T SDQ Darling Downs 161 section 8 statement 164 Tamworth FM Pty Ltd 25 Select Committee on the Print Media 42 Tanner, Giles 121 Self Regulation Inquiry 1977 55 Tasmanian Royal Commission 44 Senior Executive Leadership Program 133 Tayio Kobe Australia Ltd 137 Senior Executive Service 121 TCN Channel Nine Pty Ltd 69, 105, 106, 139, 162 Senior Officer Structure 122 TCN Sydney 42 SEQ Central CoasUSouth Queensland 137, 161 Teenage Mutant Ninja Turtles 65 service Telecasters Nth Queensland Ltd 138, 162 commercial viability of 21 Television & Telecasters Ltd 43 SES Mt Gambier 137 television advertising conditions 65, 66 Seven network 44, 69, 103, 104, 106, 144, 148 TAC 1 74 Seven Network Ltd 137, 161 TAC 2 74 'Sex' program 148 TAC 5(a) 74 Sex, Violence & Offensive Language: Community Television and Telecasters 49, 50, 137, 138, 152, Views 62, 112 153, 161 share transaction reports 161 Television Australia Satellite Systems Limited 4 Sheen, I 155 Television Entertainers of Australia Pty Ltd 20, Siars Pty Ltd 156 142, 157 Sims, L 140, 163 Television Holdings Ltd 44, 137, 161 Sims, Lee 46 Television Licence Fees Act 1964 82, 84, 97 Singleton, Jane 108 Television Licence Fees Amendment Act No. 185 of Skase, C 137, 161 1991 99 Skippy 147 television program standards 53, 175 Small, John 121 TPS 1 67 Souter, John 121 TPS 2(b) 75 South Burnett Times Pty Ltd 140, 162 TPS 3-13 66 South Coast & Tablelands Broadcasting Pty Ltd 20, TPS 12 67, 144 139, 162 TPS 14 71 South Pacific Pictures Ltd 152 TPS 15 77 Southern and Western Community Broadcasters TPS 19(b)(i) 72 Inc. 20, 29, 38, 158 TPS 19(b)(ii) 73 Southern Cross Broadcasting Australia Ltd 22 TPS 23 68 Special Broadcasting Service 60 TPS 24 77

209 Territory Broadcasting Pty Ltd 45, 141 v Territory Television Pty Ltd 23 Victorian Amateur Turf Club 140, 162 test market provisions 72 Thames Television plc 137, 161 Victorian and Tasmanian commercial radio Thorn EMI Pty Ltd 137, 161 licensees 136 TNQ North Queensland 47 Victorian and Tasmanian commercial television licensees 136 TNQ Regional Queensland 137, 138, 158, 161, 162 TNT North-Eastern Tasmania 137, 138, 162 Victorian Chamber of Commerce Pay TV Conference 133 Tora Bran Nominees 138, 162 Victorian Country Racing Council Inc. 140, 162 Toronto Dominion Aust. Ltd 137 Totalizator Board of Queensland 48 Victorian Film and Television Production Industry 136 Totalizator Agency Board, Western Australia 135 Victorian public radio licensees 136 Tourang Ltd 42, 145 Victorian Supreme Court 44 consortium 41, 43, 105, 137 Votraint No. 691 Pty Ltd 49, 140 Townsville Aboriginal and Islander Media Association 28, 29, 158 w Townsville and Thuringowa Ethnic Broadcasters Association 28, 29 W.R.E.B. Co-op Ltd 32 Trade Practices Commission 3, 4 Wagga & Riverina FM Stereo Broadcasters Pty Training Guarantee Scheme 124 Ltd 22, 107, 142, 157 Tribunal W airoa Pty Ltd 141, 163 agenda papers 175 Watts, Dale 141, 163 Associate Members 4, 164 Webb, Peter 3 Chairman 3, 16, 42, 43, 133, 134, 164, 180 Wesgo Communications Pty Ltd 4, 37, 50 complaints unit 114 West Australian, The 49 Consultative Council 123, 124 West Australian Radio Network Pty Ltd 141, 163 decision 21, 103 West Central Seven Ltd 137, 161 functions 15, 167 Westerway, Peter 3 inquiries branches 168 Westfield Group 46 internal committees 167 Westpac Banking Corporation 43, 107, 137, 146, licensing powers 19 161 meetings 135 What We Want from Our 1Vs 62 meetings with outside bodies 174 Who Complains? 62, 112 Members 121, 164 Wide Bay Burnett TV Ltd 138 appointment of 164 Widjeri Housing Co-operative Ltd 32 powers 173 Wilco Marketing South Pty Ltd 138, 162 Principal Officer 116 Wilcox, Mr Justice 103 publications 111 Willowbank Raceway Inc. 142, 158 staff 165 Wilson, Kim 3, 133 state representatives 114 WIN Radio Pty Ltd 37 STUDYBANK 125 WIN Southern NSW 138, 145, 158 training WIN Television Qld Pty Ltd 31 in-house courses 125 z Vice-Chairman 3, 134, 164, 180 Tricontinental Corporation Ltd 138, 162 Zagame, Michael 121 Tropical FM Pty Ltd 22, 103, 157 Zamopress Pty Ltd 139, 162 TVQ Brisbane 43, 46, 50, 137, 138, 144, 161 TVW Perth 137, 161 u United Telecasters Sydney Ltd 49, 107 Uniting Church in Australia Property Trust (NSW) 48, 49 Universal Radio Ltd 138, 162 Universal Television Pty Ltd 138, 162 University of Adelaide 30

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