AUSTRALIAN BROADCASTING TRIBUNAL

ANNUAL REPORT 1989-90

Australian Broadcasting Tribunal Sydney 1990 © Commonwealth of Australia 1990

ISSN 0728-8883

Design by Immaculate Conceptions Desktop Publishing, North Sydney, NSW.

Printed in Australia by Pirie Printers Sales Pty Ltd, Fyshwick, AC.T. CONTENTS

1. MembersWp of the Australian Broadcasting Tribunal 1 2. The Year in Review 5 3. Powers and Functions of the Tribunal 13 4. Licensing 17 - Number and Type of Licences on Issue 19 - Number of Licensing Inquiries 20 - Bond Inquiry 20 - Commercial Radio Licence Grants 21 - Supplementary Radio Grants 23 - Joined Supplementary/Independent Grant Inquiries 24 - Public Radio Licence Grants 26 - Remote Licences 31 - Licence Renewals 32 - Renewal of Licences with Conditions 33 - Revocation/Suspension Inquiry 35 - Converted Licences 36 - Consolidation of Licences 37 - Allocation of Call Signs 38 - Changes to the Constituent Documents of Licensees 40 - Stations, Markets and Operations Databases 40

5. Ownership and Control 45 - Applications Received 47 - Most Significant Inquiries 47 - Extensions of Time 56 - Appointment of Receivers 57 - Uncompleted Inquiries 58 - Case Studies 62 - Contraventions 63 - Licence Transfers 63 - Uncompleted Inquiries 64 - Operation of Service by Other than Licensee 65 - Registered Lender Inquiries 65

6. Program and Advertising Standards 67 - Program and Advertising Standards 69 - Australian Content 70 - Children's Standards 72 - Comments and Complaints 74 - Broadcasting of Political Matter 75 - Religious Programs 76 - Research 77

iii 7. Programs - Public Inquiries 79 - Public Inquiries 81 - Australian Content 82 - Children's TV Standards 84 - Violence on TV 85 - Advertising Time on Televison 88 - Foreign Content in TV Ads 89 - Right of Reply 90 - John Laws 91 - Betting and Gambling 92 - Standards and Remote Licences 93 - Variation of Australian Content Standard 97 - Variation of Children's TV Standard 98 - Children's and Preschool Children's Television Programs 100

8. Economics and Finance 103 - Financial Databases 105 - Financial Analyses 106 - Licence Fees 106 - Financial Results of Commercial Television, Commercial and Public Radio Services 109

9. Legislation. 115 - Ownership and Control 117 - Programs 118 - Inquiries 119 - Assessment of Licence Fees 119 - Amendments to the Act 119 - Proposed Legislative Amendments 120

10. Review of Tribunal Decisions 123 - Judgements Delivered 125 - Litigation On Hand at 30 June 1990 128 - Other Litigation 130 - Ombudsman 131

11. Public Information 133 - Publications 135 - Library 135 - State Offices 136 - Freedom of Information 138

iv 12. Organisation and Staff of the Tribunal 141 - Changes in Membership and Senior Scaff 143 - Public Inceresc and Private Interest Guidelines 144 - Internal Audit 144 - Financial Management 144 - Information Systems 145 - Equal Employment Opportunity 146 - Industrial Democracy 147 - Office Structures Implementation 147 - Occupational Health and Safety 147 - Staff Development and Training 148 - Privacy Act 148 - Financial Statement 149

v APPENDICES

A. Addresses by Tribunal Members 153

B. Meetings of the Tribunal 154 c. List of Public Inquiry Reports Published 156

D. News Releases Issued 166

E. Comments and Complaints 170

F. Children's Program Committee Report 172

G. Programs classified 'C' or 'C Australian Drama' 174

H. Licence Conversions 176

I. Licence Grants and Renewal Reports Published 178

J. Share Transaction Decisions 182

K. Freedom Of Information Section 8 Statement 188

L. Financial Statement. 208

For enquiries about this Report, contact: Publications Officer Australian Broadcasting Tribunal 76 Berry Street North Sydney NSW 2060 Telephone (02) 958 7811 Facsimile (02) 954 4328

vi vii viii \

CHAPTER 1

MEMBERSHIP OF THE AUSTRALIAN BROADCASTING TRIBUNAL

1 2 The membership of the Tribunal at 30 June 1990 was as follows:

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

Appointed from 4 October 1988 for a five year period, and appoint­ ed Acting Chairman of the Tribunal on 23 June, 1990. Mr Westerway was formerly First Assistant Secretary, Communications Technology Division, Department of Transport and Communications. He has also held the First Assistant Secretary position with various Divisions of the Department of Communications and the Department of 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, ATN Sydney.

Kim Wilson LLB.

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 Hon. Clyde Holding and a judge of the Supreme Court and National Court of Papua New Guinea.

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 pri­ vate sectors, including the Canadian Department of Communications in Ottawa. He has been a course director at the Australian Film, Television and Radio School and has taught the theory and practice of television production at Macquarie University and lectured in com­ munications at Ottawa University.

3 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. She was previously Financial Adviser to the Treasurer in the Victorian Government and Money Market Manager with the State Bank of Victoria.

Michael Ramsden

Appointed from 26 September 1988 until 28 April 1992, Mr Ramsden was formerly Executive Vice-President for News at the Nine Network. He was manager ofTCN 9 Sydney (1976-80); founding chairman and chief executive of Channel Nine (Australia) Inc. in Los Angeles, U.S.A., responsible for the first commercial TV trans-Pacific Satellite service; Television and Media Director for Bicentennial Events, NSW Premier's Department, 1988; and Network TEN Director of Broadcast Practices and Standards.

Three members left the Tribunal during the year. They were Deirdre O'Connor (Chairman), Julie James Bailey and Victoria Rubensohn.

Subsequent to the date of th_is report, on 30 July 1990, Timothy O'Keefe was appointed to the Tribunal for a five year period. Mr O'Keefe was formerly Group General Manager and Chief Executive of Wesgo Ltd.

4 CHAPfER2

THE YEAR IN REVIEW

5 6 Australian broadcasting experienced another year of upheaval in 1989-90. Financial results for 1988-89 released during the year showed the commercial television industry had posted its first loss since 1957-58 and commercial radio profitability had dropped by 58 per cent.

These financial difficulties saw one of the commercial television net­ works (the Australian Television Network or Seven Network) being placed in the hands of receivers. The problems of administering the Broadcasting Act in these unprecedented circumstances became evident.

Issues in Television

Due to the continuing instability in television ownership, the Tribunal was unable to conclude its inquiries into the renewal of the Sydney and Melbourne television licences. As part of these inquiries the Tribunal sought submissions from parties on the issue of 'finan­ cial capability' as outlined in the Broadcasting Act.

The Tribunal embarked on a project to enhance public knowledge of the financial state of the broadcasting sector. This involved the provi­ sion of additional resources to its Economics and Finance Branch, improvements to its computer data files and the assistance of a lead­ ing accounting firm in assessing the financial position of the three metropolitan networks. The benefits of .these initiatives will become apparent in the forthcoming year.

The Tribunal completed two of its Jong running television program standards inquiries during the year. New standards for both Australian content and children's television were determined in late 1989 and came into effect on 1January1990.

The new Australian content standard seeks to maintain existing levels of Australian programming while the new children's standards require an increase in first release Australian children's drama. Both standards give licensees increased flexibility in meeting their requirements.

The Tribunal also completed its inquiry into violence on television during the year. The Tribunal's report recommended the television industry (commercial licensees, the ABC and the SBS) draw up a self­ regulatory code, based on the Tribunal's existing program standards and that this be supervised by the Tribunal. The Minister for Transport and Communications accepted the Tribunal's recommendations.

7 In other inquiries relating to program standards, the Tribunal decid­ ed not to introduce standards relating to betting and gambling advertisements. Both the review of the two year t:ial without rules for the amount of advertising time on television and the inquiry into foreign content of television advertisements will continue in the forthcoming year.

Issues in Radio

The repercussions of the Government's Metropolitan Radio Plan, involving the conversion of licences from AM to the FM band, were felt throughout the radio industry. A number of successful tenderers failed to take up the conversion opportunity. These included both successful Perth tenderers and the licensee of 3AK Melbourne.

One intriguing development stemming from this was the introduction of Australia's first bilingual (English/Italian) commercial radio service, at Melbourne's 3AK. In the current climate, the opportunities for such 'niche' broadcasters seem set to increase.

The issue of sponsorship announcements on public radio has contin­ ued to occupy the Tribunal during the year. In July 1989, the licensee of public radio service 4CRB Burleigh Heads sought judicial review of a Tribunal decision that certain of its sponsorship announcements were in breach of the Broadcasting Act. The Federal Court upheld the Tribunal's decision and the Full Federal Court dismissed the licensee's subsequent appeal.

The Tribunal's inquiry into the revocation, suspension or imposition of conditions on the licence of public radio service 2GCR Goulburn, over the issue of sponsorship, also continued. licence Grants

The Tribunal awarded three commercial FM radio licences, one sup­ plementary radio licence and 15 public radio licences during the year.

Much of the Tribunal's grants program for regional commercial radio was delayed as a result of legal action relating to the grant o1 a com­ mercial FM radio licence to serve the Gosford area. The matter was resolved in the Tribunal's favour by the Full Federal Court in August 1989 and an application by the litigant for special leave to appeal to the High Court was refused.

8 The Tribunal's decision to grant eight community public radio licences in the Melbourne area meant the number of public broad­ casting groups with the go ahead to broadcast reached the hundred mark. Financial results for the public radio sector released during the year indicated growing community support for the sector.

The Bond Inquiry

The Tribunal's inquiry into matters relating to licences controlled by Mr Alan Bond, the 'Bond Inquiry', continued during the year. The Tribunal's decision that Mr Bond "would not be found to be a fit and proper person to hold a broadcasting licence" was set aside by the Full Federal Court in its judgement of 12 September 1989.

The Tribunal was granted special leave to appeal to the High Court and the appeal was heard in February 1990. In its judgement of 26 July 1990, the High Court set aside the orders of the Full Federal Court and upheld the Tribunal's original decision.

Conference and Publications

The Tribunal hosted its second conference, "TV 2000: Choices and Challenges" in November. The conference focussed on the future prospects for television and some of the topics discussed included global trends in program production; technological convergence; High Definition TV; the role of national broadcasters; and the issues of culture and quality. A conference report was published in early 1990.

The Tribunal's publications program expanded with the publication of the first "Broadcasting Financial Yearbook", covering the year 1987-88. The Yearbook drew together financial information provided by licensee companies with detailed analysis of the various sectors of the broadcasting industry.

Departure of the Chairman

The Tribunal's Chairman since 1986, Miss Deirdre O'Connor, left the Tribunal on 22 June 1990. She was appointed a judge of the Federal Court and President of the Administrative Appeals Tribunal. At its meeting of 12 June 1990, the Tribunal paid tribute to the outstanding contribution Miss O'Connor had made to the Tribunal during her time as Chairman. 9 Reform of the Broadcasting Act

The Government has introduced two amendment Bills into the Parliament. The Broadcasting Amendment Bill 1990 gives the Tribunal access to a wider range of remedies than are currently avail­ able when a commercial licensee no longer meets the necessary requirements. The Broadcasting Amendment Bill (No. 2) 1990 is a package of 'efficiency measures', particularly in the area of owner­ ship and control of licences, which are designed to make the Tribunal more efficient and effective in its work. The Tribunal wel­ comes both Bills.

The Tribunal also notes the recommendations of the House of Representatives Committee on Transport, Communications and Infrastructure in its report on the role and functions of the Tribunal. (The Saunderson Report). The Committee's report was tabled in the Parliament on 1 December 1988, and a supplementary report was issued on 10 May 1989.

The Committee recommended, amongst other things, that a clear statement of policy objectives be included in the Act. It foreshad­ owed that, from time to time, the relevant Minister might deliver a statement elaborating on these objectives.

A second, more controversial recommendation was that a 'trustee' system be introduced to deal with difficulties arising from the present method of considering changes in ownership and control after the transactions concerned. The recommendation that the national broadcasters (the ABC and the SBS) be subject to the Tribunal's pro­ gram standard also aroused some debate. Finally the Committee recommended that there should be some regulation of Pay 1V; for example in the portrayal of violence, when it is introduced.

The convergence of telecommunications technology and its implica­ tions for outmoded legislation is an issue the Tribunal has raised in its Annual Reports for 1985-86 (p.xiv), 1986-87 (p.xvi) and 1988-89 (p.7). The situation where similar services are delivered by different technologies and regulated under different Acts of the Parliament is unsustainable and the Tribunal agrees that this is a matter the Government should address in its review of broadcasting regulation.

10 In its submission to the Saunderson Committee, the Tribunal stressed the administrative difficulties it experiences in its licensing inquiries as a result of the 'exclusive' licensing criteria. These criteria inhibit the Tribunal from acting in the public interest and provide uneces­ sary scope for litigation. The resultant delay and expense are detrimental to public participation in Tribunal inquiries.

What criteria should be used is, of course, a matter for government, but if the Tribunal is to consider the public interest at all, it is impor­ tant that the way this is to be done is made explicit in the Act. The Tribunal finds no difficulty with the suggestion that the concept of 'public interest' should be directly related to the statement of policy objectives.

11 12 CHAPfER3

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 1 and 2 of Part II of the Act. Part IIIA of the Act also establishes and defines the functions of the Special Broadcasting Service. The Australian Broadcasting Corporation is established under the Australian Broadcasting Corporation Act 1983.

The Tribunal was established on 1 January 1977 and assumed the powers and functions of the former Australian Broadcasting Control Board with the exception of the planning and engineering functions relating to broadcasting services. These were transferred to the Postal and Telecommunications Department (now the Department of Transport and Communications) and later to the Minister.

From 1 January 1978 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 s.89A;

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

(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) • • • • •

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

15 (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;

(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 regula­ tions.

(2) In performing its functions under paragraphs (l)(d) and CO 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, con­ sisting of a member or members and an associate member or members, if applicable.

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

At the date of this report, the responsible minister was the Minister Responsible for Transport and Communications, the Hon. Kim Beazley. Minister

16 CHAPTER4

UCENSING

17 18 The Tribunal's licensing powers are contained in part IIIB of the Broadcasting Act 1942. The main powers which directly affect licences are:

grant - renewal - suspension and revocation - approval of licence transfer - approval of participation in licence benefits - licence conditions

The Act also gives the Tribunal powers to approve or refuse share transactions affecting (directly or indirectly) the ownership of licensee companies.

The Tribunal also administers as part of its licensing functions the registered lender and approved investment provisions, changes in memoranda and articles of association of licensee companies and the collection of financial information and licence fees.

As at 30 June 1990, there were 280 licences on issue in the following categories: Number and Type of Commercial Television 46 Licences on Commercial Radio 145 Issue Public Radio 82 Remote Television 3 Remote Radio 1 Supplementary Radio 3

During the year, a further consolidation of two commercial television licences occurred, and three new commercial and three new public radio licences were granted. The Tribunal also granted the first remote radio licence. It provides a monophonic service to the Western Zone.

19 GRANTS Number of licensing Commenced 17 Finished 27 Inquiries Ongoing 14 RENEWALS Commenced. 88 Finished 62 Ongoing 123

N.B. The number of finished and ongoing inquiries includes those commenced during and prior to the statistical year 1989-90.

Bond Inquiry An account of the early stages of this inquiry is contained in pp19-26 of the Tribunal 1988-89 Annual Report.

On 30 June 1989, an application was lodged for review of the Tribunal's decision of the 26 June 1989 that Queensland Television Limited, Consolidated Broadcasting System (WA) Pty Ltd and North­ west Radio Pty Ltd are no longer fit and proper persons to hold broadcasting licences.

On 12 September 1989 the Full Bench of the Federal Court handed down its decision. The Federal Court allowed the applications in part and set aside the Tribunal's decisions that Mr Bond would not be found to be a fit and proper person to hold a broadcasting licence and that the licensees were no longer fit and proper persons to hold their licences. (The Tribunal, in its decision on fitness and propriety, had found that in considering all the issues, the licensee company was no longer a fit and proper person within the terms of s.88(2)(b)(i) of the Broadcasting Act. The Bond Group sought review of this decision by the Federal Court under the Administrative Deci­ sions Qudicial Review) Act).

On 27 September 1989 the Tribunal applied for special leave to appeal to the High Court against the full Federal Court decision of 12 September. On 13 October, the High Court granted the special leave, but reserved the right to revoke or qualify the grant if it should find, from examination of all the material, that the grant was inappropri­ ate.

In June 1990 Mr Kerry Packer entered into an agreement relating to licences held by the Bond Group of companies which is subjecc to

20 conditions precedent. When these conditions are met and the resul­ tant issue of new shares in Bond Media Limited is made, Mr Packer will be in control of more than 50 per cent of Bond Media.

Subsequent to 30 June 1990, the High Court handed down its deci­ sion on the review of the Federal Court's decision on 26 July 1990. The High Court found that the Federal Court had erred in setting aside the Tribunal's decision and ordered that the AD(JR) Act appli­ cations be dismissed with costs.

On 26 July 1990 the Tribunal decided that it intended to resume the Bond inquiry as soon as convenient.

Albury-Wodonga Commercial On 14 February 1990, the Minister for Transport and Communications Radio invited applications for the grant of a commercial FM radio licence to licence serve the Albury-Wodonga area. One application was received. Grants

The applicant is:

Albury-Wodonga Broadcasters Pty Ltd.

The period for the receipt of submissions concerning this inquiry had not closed at 30 June 1990.

Darwin

An account of the early stages of this inquiry is contained in the Tribunal's 1988-89 Annual Report at p.26.

On 29 November 1989, the Tribunal decided to grant a commercial FM radio licence to Northern Territory FM Limited.

A full account of this inquiry is contained in Report No. IL/88/206.

Hobart

This inquiry was dealt with in both the Tribunal's 1987-88 . and 1988-89 Annual Reports at pp. 25 and 26 and at p. 28 respectively.

21 On 17 August 1989 the Tribunal decided to grant a commercial FM licence for Hobart to Southern Tasmania FM Stereo Pty Ltd.

A full account of this inquiry is contained in Report No. IL/88/75.

Lismore

An account of the early stages of this inquiry is contained in the Tribunal's 1988-89 Annual Report at p.29.

The Tribunal published its decision to grant a commercial FM radio licence to serve the Lismore area to Northern NSW FM Pty Ltd on 18 December 1989, but it was set aside by consent. The inquiry is still on-going.

Northern Rivers FM Radio Ltd, the unsuccessful applicant, and Richmond Rivers Broadcasters Pty ~td, licensee of 2LM Lismore, applied to the Federal Court under the Administrative Decisions Oudicial Review) Act for a review of the Tribunal's decision (see Chapter 10).

Mackay

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at pp. 29 and 30.

There is one applicant for the grant, Tropical FM Pty Ltd.

A public hearing was held in Mackay on 26-27 April 1990. As part of the inquiry the Tribunal is gathering financial material which was requested by the licensee of 4MK Mackay. This material was due to be lodged by 31July1990.

Townsville

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at p. 30.

On 25 August 1989, the Tribunal decided to refuse to grant a com­ mercial FM licence to the sole applicant, 4AIM Pty Ltd.

22 On 21 September 1989, 4AIM Pty Ltd applied for an order of review of the Tribunal's decision. As at 30 June 1990, the matter had not gone to hearing.

A full account of this inquiry is contained in Report No.IL/88/124.

WaggaWagga

In a notice dated 21 December 1989, the Minister for Transport and Communications invited applications for a commercial FM radio licence to serve the Wagga Wagga area of NSW. Two applications were received.

The applicants are:

Wagga and Riverina FM Stereo Broadcasters Pty Limited South West Media Limited

In response to an invitation by the Tribunal, one submission relating to the inquiry, from Riverina Broadcasters (Holdings) Pty Limited, the licensee of 2WG Wagga Wagga, has been received.

The documentary exchange phase of the inquiry had not com­ menced as at 30 June 1990.

Alice Springs . Supplementary An account of this inquiry is contained in the Tribunal's 1987-88 and Radio 1988-89 Annual Reports, at p. 27 and pp. 30 and 31 respectively. Grants

The Tribunal had received an application by Alice Springs Commer­ cial Broadcasters Pty Ltd, the licensee of SHA Alice Springs, for a supplementary radio licence.

On 22 December 1988 the Tribunal decided that the viability of the existing commercial radio and television licensees serving Alice Springs was likely to be affected to an unacceptable degree if an additional commercial radio licence or a supplementary licence was granted to serve the area.

23 In considering the Alice Springs market in terms of the "Market Groups Approach" outlined by the Minister for Communications in February 1987, the Tribunal believes that it should be categorised as a "group D" market, for which special measures, including the possi­ ble use of Remote Commercial Radio Services (RCRS), are appropriate.

The inquiry was therefore suspended until such time as the Tri­ bunal's inquiry into the grant of a licence for RCRS to serve the Central Zone was concluded.

In July 1989, following the completion of the Central Zone RCRS inquiry, the Alice Springs Supplementary FM inquiry was recom­ menced. The Tribunal asked both 8HA and Imparja Television Pty Ltd to provide, confidentially, their monthly trading results for the period July 1988 to September 1989. All parties were asked to make submissions on the conclusions to be drawn from these results.

As at 30 June 1990, the inquiry was still incomplete. A full account of this inquiry up to the time of its suspe~ion is contained in Report Noil/87/49.

Joined Albany Supplementary/ An account of the early stages of this inquiry is contained in the Tri­ Independent bunal's 1988-89 Annual Report at pp. 31 and 32. Grant Inquiries On 12 May 1989, the Tribunal invited public submissions concerning whether an independent or a supplementary licence should be grant­ ed. No submissions were received.

The Tribunal held a public hearing on 3-4 October 1989 and a public conference on 15 May 1990. The conference followed the release of the Tribuhal's preliminary view, issued on 3 May 1990, concerning the management capability of Albany FM Pty Ltd, the applicant for the independent service.

On 19 June 1990 the Tribunal decided not to grant an independent FM licence. The Tribunal formed a preliminary view that Albany Broadcasters Pty Ltd, the supplementary licence applicant, met all the criteria of s. 83B of the Act except the fitness and propriety criterion on which the Tribunal reserved its decision.

24 Subsequently, on 9 July 1990, Albany FM Pty Ltd appealed the Tri­ bunal's decision to the Federal Court.

A full account of this inquiry is contained in Report No. IL/89/87.

Geraldton

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at p. 32.

On 22 June 1990, the Tribunal decided to grant an independent com­ mercial FM radio licence to Geraldton FM Pty Ltd.

A full account of this inquiry is contained in Report No. IL/88/78 & 93.

Kempsey

An account of the early stages of this inquiry is contained in the Tribunal's 1988-89 Annual Report, at p. 33.

On 15 November 1989, the Tribunal recommenced the inquiry and published a notice calling for submissions from interested parties. Two submissions were received: from Kempsey FM Pty Ltd, an appli­ cant for the independent licence, and from Commercial Radio Coffs Harbour Limited, licensee of 2CS Coffs Harbour. The Tribunal had already received a submission from Mid-Coast Broadcasters Pty Limit­ ed, licensee of 2MC Kempsey and the applicant for the supplementary licence.

On 5 June 1990, the Tribunal suspended the inquiry to allow parties to update their applications and to await the lodgement of certain financial material requested by Mid-Coast Broadcasters. The material in question was due to be lodged on 31July1990.

Nowra

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at p. 33.

25 On 11 May 1990, the Tribunal decided to grant a supplementary FM radio licence to South Coast and Tablelands Broadcasting Pty Ltd, licensee of 2ST Nowra.

On 12 June 1990, Nowra FM Pty Ltd, the applicant fo r the indepen­ dent commercial FM licence, lodged an appeal against the Tribunal's decision.

As at 30 June 1990, the matter was set down for a further directions hearing but no hearing date had been set.

A full account of this inquiry is contained in Report No. IL/89/75.

Renmark

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at p. 34.

The inquiry continued during the year 1989-90, with delay due to liti­ gation in other grant inquiries, and to amendments to the application for the independent licence which required further document exchange between the parties.

As at 30 June 1990, the Tribunal had not reached a decision.

Brisbane Public Radio Licence An account of the early stages of this inquiry is contained in the Tri­ Grants bunal's 1988-89 Annual Report at p. 34.

The Tribunal held a public hearing on 11 and 12 December 1989 and, on 22 February 1990, determined that the purpose for which this licence was to be granted was Special Interest (Aboriginal).

On 21 March 1990 one of the applicants for the licence, Family Radio Ltd, appealed this decision to the Federal Court.

~Io hearing date had been set by the Federal Court as at 30 June 1990.

26 Caboolture

This inquiry was dealt with in the Tribunal's 1988-89 Annual Report at p. 35.

On 1 September 1989, the Tribunal decided to grant a Community public radio licence to Caboolture Community FM Radio Association, with the condition that the licence holder employ a B grade journal­ ist.

A full account of this inquiry is contained in Report No. IL/89/37.

Parramatta

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at pp. 36 and 37.

On 20 October 1989, the Tribunal decided to grant a Community public radio licence to Cumberland Media Association Incorporated.

A full account of this inquiry is contained in Report No. IL/89/58.

North-west Coast, Tasmania

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at p. 36.

On 21 August 1989 two of the applicants, Blue Seas Broadcasting Incorporated and North West Community FM Group Inc were formal­ ly amalgamated under the name of Blue Seas Broadcasting Incorporated. The other applicant was Christian FM Broadcasters Tas­ mania Incorporated.

On 17-18 October 1989, the Tribunal held a public hearing in Burnie into the grant of the licence.

Before making its decision, the Tribunal concluded that it should issue its preliminary view for comment. On receipt and consideration of the responses from the applicants, the Tribunal decided, on 2 March ·1990, to grant the licence to Christian FM Broadcasters Tasma­ nia Incorporated subject to a number of conditions, one of which was that the licensee change its incorporated name to Coastal FM Incorporated ("Coastal FM" was the applicant's "trading name".)

27 A full account of this inquiry is contained in Report No. IL/89/57.

Nowra

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at p. 36.

A public hearing was conducted in the service area on 5 December 1989. At the hearing the Tribunal gave its preliminary view that a Community public radio licence should be granted to Shoalhaven Community Radio Incorporated. On 19 January 1990, the Tribunal released its report and reasons for decision to grant the public licence to Shoalhaven Community Radio Incorporated.

A full account of this inquiry is contained in Report No. IL/89/59.

Maclean

An account of the early stages of this inquiry is contained in the Tri­ bunal's 1988-89 Annual Report at p. 35.

The Tribunal held a public hearing on 15 March 1990 and decided, on 20 April 1990, to grant a Community public radio licence to Lower Clarence Media Co-operative Society Limited.

A full account of this inquiry is contained in Report No. IL/89/63.

Melbourne

On 7 August 1989, the Minister for Transport and Communications invited applications for the grant of eight low-powered Community public radio licences to serve suburban areas of Melbourne, Victoria.

In November 1989, the Tribunal received applications from:

Southern Community Broadcasters Inc. (Southern Suburbs) Market City Radio Association Inc. (South Eastern Suburbs) North West Community Radio Association Inc. (Inner North West Suburbs) Inner North East Community Radio Inc. (Inner North East Suburbs

28 Eastern Community Broadcasters Inc. (Eastern Suburbs) Mountain Districts Radio Inc. (Mountain Districts Plenty Valley Community Radio (Plenty Valley) Yarra Valley Broadcasters Co-operative Society Ltd (Yarra Valley)

The Tribunal held hearings into the eight applications in Melbourne from 26 to 29 March 1990 and, on 14 May 1990, decided to grant the eight licences to the above applicants .

A full account of these inquiries is contained in Report No. IL/89/196.

Port Hedland

An account of the early stages of this inquiry is contained in the Tribunal's 1988-89 Annual Report at p. 37.

The Tribunal held a public hearing on 29 September 1989 and decid­ ed, on 16 January 1990, to grant a Community public radio licence to Hedland Community Radio-FM Incorporated.

A full account of this inquiry is contained in Report No. IL/89/ 40.

Radio for the Print Handicapped

In July 1989, the Tribunal commenced inquiries into the grant of five Special Interest (Print Handicapped) public radio licences to serve the cities of Sydney, Melbourne, Adelaide, Brisbane and Perth. Licences were granted to the following applicants:

Sydney: on 30 March 1990, to Radio for the Print Handicapped of NSW Co-operative Limited Melbourne: on 30 March 1990, to Association For The Blind Adelaide: on 19 June 1990, to Guide Dogs Association of SA and NT Inc. Brisbane: on 30 March 1990, to Queensland Radio for the Print Handicapped Limited

No decision had been reached by the Tribunal in the Perth inquiry as at 30 June 1990.

29 A full account of the Sydney, Melbourne, Adelaide and Brisbane inquiries is contained in Report Nos IL/89/124, IL/89/126, IL/89/128 and IL/89/130, respectively.

Sydney

On 31 January 1990, the Minister for Transport and Communications invited applications for the grant of a Special Interest (Ethnic) public radio licence to serve Sydney. The Tribunal received four applica­ tions.

The applicants were:

Multicultural Ethnic Group Multilingual Radio Association Sydney Multicultural Media Association Radio Transmissions Ethnic Communities Council (on behalf of the Multicultural Radio Association of Sydney).

In response to its Notice of Inquiry published on 21 May 1990 the Tribunal received 34 submissions.

The inquiry was in its early stages as at 30 June 1990.

Warrnambool

On 3 May 1989, the Minister for Transport and Communications invit­ ed applications for a Community public radio licence to serve the Warrnambool area of Victoria.

The sole applicant for the licence was Community Radio Endeavour Warrnambool Incorporated (CREW).

A public hearing was held in Warrnambool on 30 November 1989 and the Tribunal decided to grant a licence to CREW on 17 January 1990.

A full account of this inquiry is contained in Report No. IL/89/132.

30 North East Remote Radio Remote licences In January 1989, the Minister for Transport and Communications called for applications for two remote radio licences to serve the north east region covering Queensland and parts of New South Wales.

Two applications were received for both the monophonic and stereophonic licences.

The two applicants were:

North East FM Pty Ltd FNR Investments Pty Ltd (a company which wholly owns Far Northern Radio Pty Limited, the licensee of 4AM Mareeba.)

On 15 May 1989, the Tribunal decided to join the two inquiries and, on 19 May 1989, the Tribunal suspended the inquiries to allow Torres United Fisheries Pty Ltd to lodge a late application.

Following a number of requests for extensions of time from Torres United Fisheries, the Tribunal convened a conference in Townsville on 18 October 1989 to consider the extent of Torres United Fisheries' interest in this inquiry. During the conference, Torres United Fish­ eries advised the Tribunal that it would not be proceeding with its application.

On 9 November 1989, the Tribunal suspended the inquiry until 28 February 1990, to allow parties to finalise aspects of their applica­ tions and to allow the Tribunal to assess the possible impact of related court proceedings.

On 28 March 1990, the Tribunal further suspended the inquiry until the conclusion of Federal Court proceedings in relation to the Townsville commercial FM grant.

On 28 May 1990, the Tribunal granted an extension of time to Ausra­ dio Pty Ltd to lodge a late application for the stereophonic licence. This application was due to be lodged on 31July1990.

31 North East Remote Television

In March 1988, the Townsville Aboriginal and Islander Media Associ­ ation (TAIMA) requested that the Tribunal vary the condition imposed on the licence of Queensland Satellite Television (QSTV), the North East remote television licensee.

TAIMA had sought to have the amount of educational and Aboriginal programming specified as a condition of the licence.

In October 1988, the Tribunal decided that it was premature to reach a final decision on the matter and adjourned the inquiry for one year, to provide time for QS1V to address the issues raised in the inquiry.

On 17 October 1989, a conference was held in Townsville to deter­ mine the degree of consultation between parties in providing quality programming, as well as determining satisfaction with the quantity of programming and the ability of the licensee to meet the conditions on its licence.

The Tribunal decided on 27 November 1989, that, given the improve­ ments in the provision of Aboriginal and Islander programming since the report of October 1989 and on the basis that these improvements will continue, it is not necessary to vary the conditions on the licence of Queensland Satellite Television.

Sydney/Melbourne Television · licence Renewals The Tribunal commenced its inquiries into the renewal of the six commercial television licences in Sydney and Melbourne in late 1988. The 7 and 9 network licences had been last renewed in 1985 but the 10 network licences (which had been renewed in 1982 together with the 7 and 9 licences) were not renewed at that time because of con­ cern that a breach of the foreign ownership limits might exist.

Over 200 submissions were received from the public. Hearings were held in Sydney and Melbourne during July and August 1989 and the substantive programming issues had been canvassed when the finan­ cial difficulties of the three networks began to be widely discussed in late 1989.

On 15 December 1989, the Tribunal held a further hearing to deal with the issues of financial capability and commercial viability.

32 Written submissions dealing with financial capability under the mean­ ing of the Act were requested from the parties and these were provided in February 1990. The accounting firm, Deloitte Ross Tohmatsu, was also engaged by the Tribunal to assess the financial position of the networks.

The Tribunal has been closely monitoring the financial position of each licensee, and a number of conferences and meetings have been held with the networks and their bankers where the Tribunal has been given progress reports regarding negotiations for the provision of additional finance or the sale of stations.

As at 30 June 1990, the renewal inquiries were still in progress.

2SSS canberra Renewal of The licence for public radio service 2SSS, held by Canberra and Dis­ licences with trict Racing & Sporting Broadcasters Ltd, was renewed until 4 June Conditions 1993 with the following conditions imposed: a) the licensee shall reach and maintain a level of 40 per cent sport content, excluding racing, in its program format within two years of the date of licence renewal. b) the licensee shall not substantially vary the special purpose for which this licence was granted without the prior approval of the Australian Broadcasting Tribunal. c) the licensee shall provide all necessary assistance for the pro­ duction and presentation of the programs detailed in paragraphs 4 and 7 of its Promise of Performance.

A full account of this inquiry is contained in Report No. IL/89/162.

5AA Adelaide

The licence for commercial radio service SAA, held by Festival City Broadcasters Limited, was renewed until 27 July 1992, with the following conditions imposed:

33 The licensee shall report to the Tribunal by 31 January 1991 on the steps taken to put in place the program strategy discussed in the Tri­ bunal's report of this licence renewal inquiry. The report shall include, but need not be limited to, full details of: a) the achievement or otherwise of the financial and performance goals set by the licensee (a McNair Anderson audience share rating of 10 and an increase in advertising revenue of 25 per cent in each of the next two years), including details of SAA's ratings and revenue performance in the period between the date of the licence renewal (28 July 1989) and the date of the report required to be furnished under this condition (31 January 1991). In providing revenue details, the licensee shall provide a split between general revenue and revenue received from the SATAB for racing broadcasts. b) research undertaken by or on behalf of the licensee. Should the average McNair Anderson audience share rating for SAA over four survey periods in the next twelve months be lower than 5, the licensee shall undertake research to identify a program for­ mat more suited to the general Adelaide audience, and report on the implementation of that program format.

A full account of this inquiry is contained in Report No. IL/89/13.

61.N carnarvon

The licence for commercial radio service 6LN, held by Carnarvon Commercial Broadcasters Pty Ltd was renewed until 24 January 1993 with the following condition imposed:

Carnarvon Commercial Broadcasters Pty Ltd wiil include with 6LN's completed Annual Return ABT 11 each year during the next licence period a report detailing: a) the amount and source of new advertising revenue obtained that year. b) the amount and source of other revenue obtained that year e.g. grants. c) revenue targets for the next 12 months. d) businesses or industries to be targeted in the next 12 months.

34 e) the amount of debt retired that year. f) a target for the amount of debt to be retired in the next 12 months. g) the future economic prospects of the area. h) the effect that these economic prospects will have on 6LN. i) a five year corporate plan for 6LN, to be updated each year.

A full account of this inquiry is contained in Report No. IL/89/107.

7 WAY Launceston

The licence for public radio service 7WAY, held by Launceston Chris­ tian Broadcasters Inc, was renewed until 31 October 1992 with the following condition imposed:

the licensee shall not vary its funding policy as described in paragraph 5 of its Promise of Performance without the prior approval of the Australian Broadcasting Tribunal.

A full account of this inquiry is contained in Report No. IL/88/191.

Revocation, Suspension or the Imposition of Conditions on the Ilcence of Public Radio Service 2GCR Goulburn Revocation/ . Suspension On 22 April 1988, the Tribunal received an application under sub­ Inquiry section 17C(1) of the Act to exercise its substantive power to revoke the licence for 2GCR. Subsequently, the Tribunal decided to widen the scope of the inquiry to deal with the possibility of suspending or placing conditions on the licence.

A public hearing was held on 11-12 May 1989 concerning, among other things, the meaning of the section of the Act dealing with sponsorship announcements (s.119AB). On 24 May 1990, the Tri­ bunal published an Interim Report (No. IL/88/73) in which the Tribunal determined that the licensee had breached the terms and conditions of its licence, as set out in section 119AB of the Act, by broadcasting advertisements. Of 309 sponsorship announcements broadcast by 2GCR on three separate occasions, 279 were found to

35 be in breach of the licence conditions. As a result, the Tribunal decided to continue this inquiry to determine the appropriate action to be taken.

On 20-22 June 1990, the Tribunal held a further hearing in Goulburn. No decision had been reached by the Tribunal as at 30 June 1990.

Section 99 of the Broadcasting and Television Amendment Act 1985 Converted provides for the substitution of a new system licence for an old sys­ licences tem licence or licences. On receipt of a direction from the Minister for Transport and Communications, the Tribunal must grant a new system licence. The conversion of a licence brings its licensee under the provisions of the Broadcasting Act 1942 (rather than the Broad­ casting and Television Act 1942).

Under the new system, all transmitters used by a licensee to provide a service are covered by the one licence. Appended to the licence are the relevant service specifications determined by the Minister. The Minister also grants a licence warrant to the licensee, which includes the technical conditions which he has determined for each transmitter.

The list in Appendix I details the stations and related translators whose licences were converted to new system licences during 1989- 90, together with the call sign for each service which now appears on the licence.

The only licences which had still not been converted to new system licences at 30 June 1990, were those for commercial broadcasting sta­ tions 3CV Maryborough and 4SS Nambour.

Conversion of the 3CR licence from a Commercial to a Public Licence

In July 1989, the Minister directed the Tribunal, under s. 34 of the Broadcasting Amendment Act (No. 3) 1987, to grant a public radio licence to Community Radio Melbourne Pty Ltd which was, at that time, the holder of the licence for commercial broadcasting station 3CR Melbourne. The Minister also determined that the purpose for which the licence was to be granted was to provide a 'special inter­ est - alternative access' service.

36 On 4 August 1989, the Tribunal, in compliance with the Minister's <;iirection, granted a public radio licence to Community Radio Mel­ bourne Pty Ltd. The call sign of the service continues to be 3CR. Also on that date, the commercial broadcasting licence was revoked pur­ suant to sub-section 34(8) of the Broadcasting Amendment Act (No. 3) 1987.

Pursuant to s.94B of the Act, the Minister has prepared a written plan known as the Equalisation of Regional Commercial Television Indica­ Consolidation tive Plan, which specifies, among other things, the regional licences of Licences that are eligible to be consolidated.

Section 94ZC of the Act provides for the consolidation of two or more licences, where those licences are specified in the Indicative Plan as being eligible for consolidation into single licences and where the relevant licensee or licensees apply to the Minister for consolidation.

The Minister specified nine pairs or sets of licences which were eligi­ ble for consolidation. They were:-

CBN/CWN/RVN MVQ/SEQ NEN/ECN RTQ/DDQ/SDQ NRN!RTN TNQ/FNQ BCV/GLV B1W/GSW BTV/GMV

During 1989-90, the licensee of B1W and GSW applied to the Minis­ ter for consolidation. The Tribunal was subsequently directed to revoke the licences and grant a new licence. The call sign of the ser­ vice provided pursuant to the consolidated licence is SSW.

The licences for NEN and ECN, TNQ and FNQ, CBN and CWN and BTV and GMV have already been consolidated. The call signs of the services provided pursuant to those consolidated licences are NEN, TNQ, CBN and VTV (previously RTV) respectively.

37 The Minister, who is deemed to have the power to allocate new call Allocation of signs and vary existing call signs, receives recommendations from the Call Signs call sign committee on which the Tribunal is represented.

The following call signs were allocated or varied by the Minister dur­ ing 1989-90:-

Call Sign Location licensee/Successful Applicant

Commercial Television

VIV Western Victoria/ Television Victoria Ltd (previously RTV) Goulburn Valley

SSW South West and Golden West Network (consolidated Great Southern WA Ltd licence ­ previously B1WandGSW)

Commercial Radio

2CFM (1) Gos ford Gosford Communications Ltd

2GGO Gos ford Wesgo Communications (effective upon Pty Ltd conversion to FM - currently 2GO)

3KKZ Melbourne The Industrial Printing & (converted to Publicity Company Ltd FM - previously 3KZ)

3SUN (1) Shepparton Goulburn Valley Broadcasters Pty Ltd

3TTT Melbourne Double T Radio Pty Ltd (converted to FM - previously 3TT)

38 4BBB Brisbane B105 FM Pty Ltd (converted to FM - previously 4BK)

4IP Brisbane Broadcasting Station (previously 4IO) 4IP Pty Ltd

4QFM Ipswich Ipswich and West Moreton Broadcasting Corporation Pty Ltd

5DDN Adelaide First Radio Ltd (effective upon conversion to FM - currently 5DN)

5KKA Adelaide KAFM Broadcasters (converted to FM - Pty Ltd previously SKA)

7TIT Hobart Southern Tasmania FM Stereo Pty Ltd

Public Radio

2CCR (1) Parramana Cumberland Media Association Inc

2UUU (1) Nowra Shoalhaven Community Radio Inc

3INR (1) Inner North East Inner North East Suburbs, Melbourne Community Radio Inc

3MDR (1) Mountain Districts, Mountain Districts Melbourne Radio Inc

3WAY (1) Warrnambool Community Radio Endeavour Warrnambool Inc

4AAA (1) Alpha Alpha Public Broadcasting Corporation

39 40UR Caboolture Caboolture Community FM Radio Association Inc

7DBS (1) North-West Tasmania Coastal FM Inc

Remote Radio

6FMS Western Zone Golden West Network (monophonic) Ltd

6SAT (1) Western Zone Trans-West FM Pty Ltd (stereophonic)

8AAA (1) Central Zone Alice Springs FM Pty Ltd

Supplementary Radio

2NOW Moree, NSW, and Moree Broadcasting Goondiwindi, Qld and Development Co Ltd

(1) Service not commenced as at 30 June 1990.

During the year, the Tribunal granted approval for various changes to Changes to the licensees' constituent documents (memorandum and articles of asso­ Constituent ciation, constitution, rules, by-laws etc). Changes were approved to Documents of the constituent documents of commercial television licensees on licensees 10 occasions, commercial radio licensees on 73 occasions and public radio licensees on 19 occasions.

The Tribunal collects information on the operations and staffing of Stations, commercial and public radio and commercial television and on the Markets and population characteristics of their defined service areas. The main Operations sources of this information are the Tribunal's Annual Collections of Databases Data, licensees' applications at the time of licence grants and renewals and staff schedules from licensees' Annual Financial Returns.

40 In 1989-90, the section produced 189 reports, which included 137 Information Papers for licence renewals, and chapters for the "Broadcasting Financial Yearbook 1988-89" and "Broadcasting in Australia 1989".

Annual Collection of Data

The Annual Collection of Data now plays an important part in the Tribunal's regulatory processes - providing the Government and the public with annual "snapshots" of broadcasting licensees' operations between formal public inquiries into grants and renewals of licences.

The Tribunal conducted the second Annual Collection of Data for Commercial Radio in April 1990, and the first Annual Collection of Data for Public Radio in November 1989.

Operations of Commercial Radio services

In April 1990, 146 commercial radio services were surveyed as part of the Annual Collection of Data, compared with 141 in 1989. Of these, 124 were on air 24 hours a day (compared with 115 last year).

Adult contemporary and Gold formats continued to dominate com­ mercial radio. Of the major city services, 20 played this format in 1990, compared with 18 in 1989 and 11in1988.

Substantial changes in the formats and positioning of capital city ser­ vices were evident for the second year running, with 19 of the 42 operators changing their formats (compared with 23 of 41 last year). Among the more significant changes, three licensees moved to target youth (under 18) audiences with a format emphasis on contemporary music.

Program format summaries and profiles of services' operations in 1989 were published in the Tribunal's publication "Broadcasting in Australia 1989", (released in August 1990), and 1990 data will be published in the next edition.

41 Operations of Public Radio services

A total of 78 Public Radio services were surveyed in the first of the Annual Collection of Data surveys of the sector - 55 Conununity licensees and 23 Special Purpose. Four licensed services (2VOX, 2HAY, 3WRB and 40UR) had not conunenced providing a service at the date of the survey.

The survey showed that 31 services broadcast 168 hours per week; 33 broadcast 120-150 hours per week; 9 broadcast 80-120 hours; and 5 broadcast 40-80 hours.

Program format summaries and profiles of Public Radio services' operations taken from the November 1989 survey will be published in the next edition of the Tribunal's publication "Broadcasting in Australia".

Staff of broadcasting licensees

Based on the Tribunal's collections, an estimated 12,072 staff were effective full-time employees of commercial and public radio and conunercial television services at 30 June, 1989. This is 1.2 per cent lower than the previous year's total of 12,220.

Estimated staff numbers, 1989

FT equivalent %of FT equivalent %of staff 1989 total staff1988 total

Conun/l TV 5473 5445

Seven Network 1826 15.1 2300 18.8 -metros 1707 -MVQ, SEQ 119

Total TV 7299 60.5 7745 63.4

Conun/l radio 4494 37.2 4248 34.8 Public radio 279 2.3 233 1.9

Total 12072 12220

42 Commercial Radio

Analysis of the Tribunal's data on commercial radio revealed a 37.6 per cent increase in the employment of casual staff compared with the previous year, although most of the new casual positions were in NSW and Queensland. Research staff numbers rose by 80.1 in 1989. Employment of women grew slightly to 36.2 per cent of per­ manent employees in 1989, compared with 34.9 per cent in 1988.

Commercial Television

The services which responded employed 5,473 staff in 1989 com­ pared with 5,445 in 1988, and 4,849 staff in 1987. Seven Network services did not provide data in any of the three years. Two ser­ vices, TNQ Townsville (93 staff, 1988) and FNQ Cairns (23 staff, 1988), provided data in 1988, and did not in the previous year. The following result is based on the above figures and Seven Network's staff of around 1,826 in 1989 and 2,300 in 1988 (source: Affirmative Action Agency returns 1988, 1989 and Licence Renewal Applications 1989). The figures assume a static staff level in 1987 and 1988.

1986-87 1987-88 1988-89

Total staff (ABTl 1) 4849 5445 5473 Qld regional (est) 110 119 Seven Ntwk (est) 2300 2300 1707

Adjusted totals 7259 7745 7299

Employment fell by around 5.8 per cent over the year compared with a 6. 7 per cent rise in the previous year.

Public Radio

Public radio licensees employed a total of 279 staff at November 1989. The Tribunal commenced collecting detailed annual statistics on the staffing of Public Radio services in 1989.

43 44 CHAPTERS

OWNERSHIP AND CONTROL

45 46 The Tribunal's approval is required when a person acquires or increases a prescribed interest, as defined by the Broadcasting Act, in a commercial radio or television licence. Applications for approval must be lodged by prescribed parties and other parties to the trans­ action.

The nature of the Tribunal's powers concerning ownership and control of companies holding broadcasting licences, as well as the procedures to be followed in the exercise of those powers, are out­ lined in the Broadcasting Act. Sections 90] and 90JA relate to commercial radio and ss.92F and 92FAA relate to commercial televi­ sion.

During 1989-90, a total of 521 applications for approval of changes in Applications ownership and control were submitted to the Tribunal. Received Of these, 128 (24.57 per cent) were from prescribed parties. The remaining 393 (75.43 per cent) v.:-ere from non-prescribed parties.

Two hundred and seventy four (52. 59 per cent) related to radio only, 216 (41.46 per cent) related to television and the remaining 31 (5.95 per cent) related to companies with both radio and television inter­ ests.

The applications covered 139 separate transactions. Seventy two related to radio only, 54 to television only and 13 involved television and radio.

1. Network TEN Australia Pty Ltd. Most Significant During the financial year ended 30 June 1989, Northern Star Holdings Inquiries Ltd (the then holding company of the TEN Network) experienced financial problems in a number of areas. Northern Star was then approximately 51 per cent owned by the Westfield Group. On 1 September 1989, Westfield announced that it would sell its share­ holding in Northern Star. At that time the TEN Network comprised TEN Sydney, A1V Melbourne, 1VQ Brisbane, CTC Canberra, . ADS Adelaide and NEW Perth.

Quaestor Pty Ltd which is 70 per cent owned by Mr Stephen Cosser, acquired 19.68 per cent of Westfield's Northern Star shares. This was

47 and remains the largest single shareholding in Northern Star. The remaining 31.6 per cent of the Northern Star shares were placed with a group of institutional investors. The most significant of these are Thames Television plc (UK based and holding about 9.99 per cent) and Pendal Nominees Pty Ltd (whose ultimate parent is Bankers Trust New York Corporation) holding about 9 per cent.

The Broadcasting Act restricts the shareholding or voting interests in licensees that may be held by foreign persons. There is no direct for­ eign ownership of TEN Network licensee companies, but Northern Star is prima facie owned 44 per cent by foreign persons. As North­ ern Star is not a licensee company there is no foreign ownership breach of the Broadcasting Act as it presently applies. However on 22 May 1990, the Minister announced legislative changes that will see the 20 per cent aggregate foreign limit strictly applied to holding companies such as Northern Star. Persons with interests currently in excess of this limit will have up to three years in which to sell down, with provision for the Tribunal to consider an extension should it be appropriate.

The terms of sale for the Westfield/Quaestor transaction included the provision that the purchase price was lent to Quaestor by Westfield.

The outcome of these transactions was that Quaestor became the largest single shareholder of Northern Star and Mr Cosser was appointed managing director and chief executive of the Northern Star Group. Quaestor, having gained control of Northern Star, then took steps to on-sell CTC Canberra, ADS Adelaide and NEW Perth.

On 27 October 1989, Northern Star (through its wholly owned sub­ sidiary BDC Investments Ltd) sold CTC, ADS and NEW to Chagrin Pty Ltd, Caprice Pty Ltd and Chartreuse Pty Ltd respectively. These companies are wholly owned subsidiaries of Bofors Ltd, a company owned by interests associated with Mr Charles Curran. The sales were part of an overall debt reduction program and the provisional purchase price was $185 million. (See Tribunal File Nos. 10/89/189 and 10/89/204).

Bofors has since changed its name to Capital Television Holdings Ltd.

48 2. 3AK Melbourne

On 3 April 1989, the Tribunal received an application to approve the transfer of the licence for radio service 3AK Melbourne from General Television Corporation Ltd to Actraint No. 93 Pty Ltd. Both compa­ nies were wholly owned subsidiaries of Bond Media Ltd. The application stated that approval for the transfer of the licence was sought as a preliminary step towards the disposal of the licence. In June 1989 this inquiry was indefinitely deferred, pending the out­ come of the Tribunal's inquiry into the fitness and propriety of Mr Bond and companies associated with him.

At the time of the deferral, negotiations between Bond Media Ltd and a third party purchaser for the sale of the shares in Actraint were still underway. The Tribunal was later advised that the proposed sale, as outlined in the April application, was unable to be finalised.

On 28 May 1990, the Tribunal received a copy of the share sale agreement made between Mr Peter Corso, Mr Ferdinando Zito (as trustee for Mr Corso) and Bond Media Ltd for the acquisition of all shares in Actraint. The agreement was forwarded to the Tribunal as proof of the ultimate sale which was conditional upon the Tribunal granting approval to the transfer of the licence.

The Tribunal granted approval to the transfer on 1 June 1990.

On 6 June 1990 the Tribunal received an application from Mr Corso for approval of the acquisition of all shares in Actraint. This applica­ tion outlined a number of proposals relating to changes in programming. The main one was an increase in Italian content to be achieved by the introduction of a variety of Italian language pro­ grams. As a format of this kind had not previously been provided in Melbourne's commercial radio market the transaction generated a great deal of public interest. In response to this, the Tribunal used the provisions of s.17C(7) of the Act to expedite the inquiry process.

At 30 June 1990, public hearings had been scheduled to take place on 2 and 3 July 1990 in Melbourne. The hearings were held and the Tribunal granted approval to the acquisition of Actraint No. 93 Pty Ltd by Mr Corso on 3 July 1990. (See Tribunal Report No. I0/90/89).

49 3. Grangeridge

In October 1988, applications were received from Grangeridge Nomi­ nees Pty Ltd for approval of its acquisition of Radio West Broadcasters Pty Ltd, licensee of 6CI Collie, 6NA Narrogin and 6TZ Bunbury.

In June 1989, Grangeridge also acquired Elldale Pty Ltd, licensee of 6BY Bridgetown and 6WB Katanning.

The acquisition of both 6CI and 6TZ put Grangeridge in contraven­ tion of s.90C(7) of the Act as it had acquired a prescribed interest in two radio licences with a substantial market in common.

In April 1990, Radio West Broadcasters applied to the Department 'of Transport and Communications for approval of a variation of the ser­ vice area of 6TZ to encompass the small area of the 6CI service not included in the 6TZ service area. If such approval is granted, and Radio West Broadcasters surrender the 6CI licence, this contravention will cease.

In February and March 1990, the Tribunal joined the inquiries for the renewals of the 5 licences to the Grangeridge share transaction inquiry. A joined hearing of the share transaction and 6Cl/6TZ/6NA renewals was held in Perth on 16 May 1990. On 17 May 1990, a hear­ ing was held in Katanning for the 6WB renewal, and the 6BY renewal hearing was held on 18 May 1990 in Bridgetown.

The share transaction and the licence renewal inquiries had several issues in common. These included: a) the contravention of s.90C(7) mentioned above b) the issue of the proposed variation of the 6TZ service area c) the financial "health" of the network d) management capabilities e) the proposed closure of the Katanning studio and downgrading of the Bridgetown studio.

At 30 June 1990, Tribunal had not made a decision in this inquiry. (See Tribunal File No. 10/89/219).

50 4. Portlook Pty Ltd/ 4In & 4LG

In July 1988, Portlook Pty Ltd ('Portlook') acquired from Wesgo all of the issued share capital in Queensland Regional Broadcasting Pty Ltd ('QRB'), formerly known as Emerald Broadcasting Company Pty Ltd. At the time of the transaction, QRB was the licensee company of commercial radio services 4HI Emerald and 4LG Longreach. Portlook is the trustee for the Rumble Family Trust.

The renewal period for 4HI and 4LG licences was due to expire dur­ ing the course of the inquiry. Upon examination of the commonality of the issues likely to arise in both the Portlook share transaction and in the forthcoming licence renewal inquiries, the Tribunal formally joined all the matters on 31August1989.

On 2 March 1990 application was made by Mid Queensland Broad­ casting Pty Ltd ('MQB'), a wholly owned subsidiary of QRB, for approval for the transfer of the 4LG licence. The purpose of the transfer was to enable the on-sale of 4LG to third parties. On 23 March 1990, the Tribunal decided to jointly consider the licence transfer application with the share transaction and licence renewal inquiries.

On 22 May 1990, the Tribunal conducted a public hearing into the combined matters in Emerald, Queensland. The Tribunal examined the commercial viability of 4LG, the adequacy of the news service provided by 4HI/4LG and various programming changes.

At 30 June 1990, the Tribunal had approved the Portlook share trans­ action, the 4LG licence transfer and the renewal of the 4HI licence. The Tribunal, however, deferred making a decision on the 4LG licence renewal as:

a) the licensee company, MQB, had changed ownership following Tribunal approval on 22 May 1990 for the transfer to it of 4LG; and

b) there were concerns regarding the commercial viability of 4LG to provide an adequate and comprehensive service.

The renewal will be considered jointly with the subsequent share transaction inquiry (File No. IL/89/198).

51 5. Trlcom

On 1 September 1988, the Tribunal accepted an application from Tricom Television (Tasmania) Pty Ltd, one of the Tricom Corporation Ltd ("Tricom") group of companies, for the acquisition of Northern Television (TNT9) Pty Ltd, the licensee of TNT Launceston. TNT was formerly owned by ENT Ltd, Tasmania's largest media owner.

Tricom also owns BCV Bendigo, GLV Traralgon, 3AW Melbourne and 3TR Sale.

Because of resource constraints, the Tribunal's inquiry was deferred until late October 1989, when it was advertised and gazetted. No submissions were received.

Tricom's financial capability was the primary issue in the Tribunal's inquiry due to Tricom's relatively rapid recent expansion and its reliance on debt to finance the TNT purchase.

The Tribunal approved the acquisition on 19 April 1990, (see Tri­ bunal Report No. I0/88/123). In the report, the Tribunal noted that in recent years the TNT licence had been increasingly profitable until the 1988-89 financial year, when it suffered a broadcasting loss. The Tribunal noted Tricom's recently increased interest bill but expressed optimism that if revenue growth in its regional television licences continued, Tricom would be able to meet these commitments with­ out reducing the service provided.

6.Austereo

On 5 July 1989, the State Government Insurance Commission of South Australia ('SGIC') acquired a prescribed interest in Austereo Ltd amounting to 15.96 per cent of that company's issued capital. The SGIC also holds a prescribed interest in the licensee company of 5DN Adelaide. Consequently the SGIC has an interest exceeding 15 per cent in two licences, 5DN and 5SSA, which have a substantial market in common.

The Tribunal is currently investigating whether the SGIC holdings amount to a contravention of s. 90C(2) of the Act, which prohibits the holding of a prescribed interest in each of a pair of commercial radio licences that have a substantial market in common.

52 The SGIC made a submission to the Tribunal that it is not bound by the provisions of the Act on the basis of crown immunity.· As at 30 June 1990, the Tribunal had decided to seek external legal advice on this issue.

In a separate matter, the Tribunal decided, on 30 April 1990, to joint­ ly consider applications pertaining to the acquisition by Austereo Ltd of 100 per cent of the licensee companies of 2DAY Sydney, 4BBB Brisbane (formerly 4BK) and 6GL Perth (formerly 6IX). (See Tribunal File Nos. I0/88/202 and 10/88/99).

7.BroadcastOperatlons

In December 1987, BG Caralis and PA Caralis each acquired 50 per cent of the issued shares in Broadcast Operations Pty Ltd, the then licensee of MTN and 2RG Griffith. Broadcast Operations also owned, through wholly owned subsidiaries, 2DU Dubbo, 2MG Mudgee, and 2PK Parkes.

In March 1988, the Tribunal commenced an inquiry into this transac­ tion. Particular attention was paid to the contravention of the Act caused by the simultaneous holding of the licences for MTN and 2RG (the latter having an area of monopoly in the MTN service area).

Pursuant to the sale agreement of December 1987, an application was lodged in June 1988 for the transfer of the licence for MTN to Quoiba Ltd, a subsidiary of the Linter Group. This action was taken to remedy the above contravention. However, amendments to the Act which took effect on 29 October 1987, meant that no such con­ travention had arisen. The Tribunal approved the MTN licence transfer on 26 July 1988.

Since March 1988, Broadcast Operations has expanded its base by acquiring the licensee companies of 2LM Lismore, 2MW Murwillum­ bah, 4AK Toowoomba/Darling Downs and 4GY Gympie. These subsequent acquisitions have been joined to the December 1987 share transaction inquiry.

In August 1988 Aymsoul Pty Ltd, a wholly owned Broadcast Opera­ tions subsidiary, applied to the Tribunal for the transfer of the licence for 2EC Bega from Hoyts Media Ltd. This application was withdrawn on 12January 1990.

53 During the course of this inquiry, the Tribunal has received letters expressing concern over the possible relocation of 4GY Gympie to Noosa. (See Tribunal File No. I0/88/38).

8. Scotts Agencies

Scotts Agencies Pty Ltd and Mr A A Scott hold prescribed interests in commercial television licences SES (Mt Gambier) and the newspaper "Border Watch" which for the purposes of the cross media limits is associated with SES. These prescribed interests were grandfathered as they had been held before the introduction of cross media limits.

Mr A A Scott underwrote a rights issue made by the licensee of SES. Pursuant to the underwriting, a shortfall was taken up by Mr A A Scott who thereby increased his prescribed interest and lost his grandfathered protection. Subsequently in October 1989, Scotts Agencies Ltd also acquired additional shares, on market, in the licence of SES which resulted in the loss of the grandfathered protec­ tion.

These contraventions' of the cross media limits have amounted to offences. However, the Tribunal approved the transactions on the grounds of undertakings from both Scotts Agencies Pty Ltd and Mr A A Scott that they would dispose of the recently acquired shares and that the issue would be considered in the next inquiry into the renewal of SES if the contraventions remained. (See Tribunal Report No. I0/89/163).

9. 3UZ Melbourne

The Tribunal began its inquiry into the acquisition of 3UZ by Victori­ an racing associates on 3 December 1987. An oral hearing was held in Melbourne on 20 June 1988. The inquiry was concluded on 6 October 1989, (see Tribunal Report No. I0/87/137).

This inquiry canvassed several significant issues:

(a) potential Ministerial control or influence;

(b) poor financial performance of stations owned by the racing industry;

(c) conflicts of interests between racing and non-racing interests;

54 (d) the public interest grounds under which the Tribunal can refuse to approve a change to the articles of association of a licensee company.

In the report, the Tribunal commented that "where a Minister of the Crown is in a position to control a licensee company, the licensee company may be required to establish that it is a fit and proper per­ son to hold a commercial licence". Accordingly, a purported change to the articles of association of the 3UZ licensee company, to make the appointment of four of the seven directors subject to Ministerial approval, was not allowed on the grounds that it opened the possi­ bility of political control of 3UZ. The Tribunal subsequently approved a modified proposal whereby the appointment of one of the seven directors is subject to ministerial approval.

10. Kaycliff Pty Ltd

As stated in the 1988-89 Annual Report, the Tribunal heard an appli­ cation from Kaycliff on 19 May 1989 for the Tribunal to disqualify itself from the inquiry upon the grounds of apprehended bias.

On 30 May 1989 the Tribunal handed down its decision that no grounds existed for disqualification. Following this decision, Mr Skase's solicitors lodged an appeal to the Federal Court. On 13 July 1990, His Honour Justice Morling handed down his decision disal­ lowing the appeal.

Mr Skase's solicitors then lodged an appeal to the Full Court of the Federal Court, which delivered its judgement on 10 November 1989 upholding the decision of Morling J.

On 21 November 1989, Qintex Australia Ltd and 0th.er related com­ panies went into receivership. The licensee companies in the Qintex Group were not, however, placed in the hands of the receivers. Sub­ sequently, on 27 November, the Kaycliff share transaction inquiry was deferred. (See Tribunal File No. 10/88/214).

11. Bond Group

The Tribunal's original inquiry into Bond Media's acquisition of elec­ tronic media interests previously held by the Consolidated Press Holdings Group has been in abeyance pending the outcome of the Tribunal's inquiry into the fitness and propriety of Mr Bond and com­ panies associated with him. 55 The following applications were received during the year:

a) . Acquisition by Bond Media Ltd of all issued capital of Belcap Investment Pty Ltd.

b) Acquisition by Rendoel Pty Ltd of 1,496,000 shares in Bond Media.

c) Acquisition by Telecasters North Queensland Ltd of all issued shares in Mount Isa Television Pty Ltd.

No action was taken in respect of b) and c) pending the outcome of the High Court decision. No action has been taken on any other out­ standing Bond enquiries for the same reason. (See Tribunal File No. I0/87/44 and others).

During the year the Tribunal processed the following applications for Extensions extensions of time before contraventions of the Ownership & Control of Time to limits of the Act amounted to offences. In all cases the applicants Comply with applied to the Tribunal for an extension of time before the six month the Act statutory period, commonly referred to as the "period of grace", expired.

Granted Until Applicant Contravention

7/11/89 28/2/90 Qintex Group, 60% population limit FAI Insurances and Adler family companies

29/11/89 8/6190 Bond Corporation WA radio/newspaper Holdings Ltd, cross media limit Dallhold Investments Pty Ltd, Alan Bond

26/3/90 27/9/90 ENT Securities P/L TVT/7HT Hobart cross media limit

18/5/90 1/1/91 Receivers to Qintex 2 prescribed Group interests in Approved Market A

18/5/90 21/5/91 Receivers to Qintex 60% population limit Group 56 30/5/90 8/12/90 Bond Corporation WA radio/newspaper Holdings Ltd, cross media limit Dallhold Investments · Pty Ltd, Alan Bond

Qintex Group Appointment On 21November1989, Messrs Crawford and Allpass were appointed of Receivers by the Supreme Court of Victoria as receivers an'! managers of 28 Qintex Group companies. Prior to the appointment, a notice was for­ warded to the Tribunal. Share transaction applications were subsequently lodged on 23 January 1990 and an inquiry Oater deferred) commenced. Although the television licensee companies were not themselves placed in receivership, they are wholly owned subsidiaries of those placed in receivership.

The receivers' power to vote the shares of the licensees owned by the companies placed in receivership, together with their powers of management which allows them effective control over the operations of the licensees in providing a service pursuant to the licence, gives them a prescribed interest in the licences. linter Group

On 26 January 1990, Messrs Maxsted and Harkness were appointed by the Supreme Court of Victoria as receivers and managers to Linter Group Ltd. The licensee of commercial television licence MTN Griffith, although itself not under receivership, is a wholly owned subsidiary of Linter Group Ltd. Similarly to the Qintex receivers, the Linter receivers acquired a prescribed interest in the licence. Share transaction applications were subsequently lodged with the Tribunal on 2 April 1990 and an inquiry commenced. The inquiry was then formally deferred.

57 Uncompleted Meridian Inquiries An account of the early stages of this inquiry is contained on p. 53 of the Tribunal's 1988-89 Annual Report. The inquiry, which concerns licences NRN Coffs Harbour, R1N Lismore, TVQ Brisbane and RTQ Rockhampton, is still current although no further action has taken place.

ATN, HSV, BTQ

The acquisition of Fairfax TV assets (ATN Sydney, HSY Melbourne and BTQ Brisbane) by Qintex Ltd.

ATN, HSV, BTQ, MVQ, SEQ

The acquisition of a prescribed interest in the licences for ATN Syd­ ney, HSY Melbourne, BTQ Brisbane, MYQ Mackay, and SEQ Wide Bay-Burnett by FAI Insurances Ltd.

ATN, HSV, BTQ, MVQ, SEQ

The acquisition of a prescribed interest in the licences for ATN Syd­ ney, HSY Melbourne, BTQ Brisbane, MYQ Mackay, and SEQ Wide Bay-Burnett by the Australian Mutual Provident Society.

Qintex restructure

Qintex Group Transactions: acquisition by IPH Queensland Pty Ltd of further shares in Quintex Television Ltd (formerly Universal Telecasters Ltd); acquisition by Noongaar Ltd of shares in Universal Television Pty Ltd and Fifth Watusi Pty Ltd.

TCN, GTV, QTQ, SlW

The acquisition by Taiyo Kobe Australia Ltd of a loan interest in TCN Channel 9 Pty Ltd, General Television Corporation Pty Ltd, Queens­ land Television Ltd and Swan Television and Radio Broadcasters Ltd.

58 TCN, GlV, QTQ, STW

The acquisition by Toronto Dominion Australia Ltd of a loan interest in TCN Channel 9 Pty Ltd, General Television Corporation Pty Ltd, Queensland Television Ltd and Swan Television and Radio Broad­ casters Ltd.

TCN, GlV, QTQ, STW

The acquisition by Bank of China (Sydney) of a loan interest in TCN Channel 9 Pty Ltd, General Television Corporation Pty Ltd, Queens­ land Television Ltd and Swan Television and Radio Broadcasters Ltd.

VIV,SlV

Prescribed interests in Victorian regional commercial television licences V1V Ballarat/Shepparton and STV Mildura, amounting to 100 per cent, have been acquired by ENT Ltd. As at 30 June 1990, the Tri­ bunal had not concluded its inquiry into the acquisitions. An issue in the inquiry is the fitness and propriety of the applicants following the recent court case involving Mr Edmund Rouse, formerly the Chair­ man of ENT Ltd.

RTQ

The acquisition by WIN Properties Pty Ltd ( a wholly owned sub­ sidiary of 1WT Holdings Ltd) of all the issued capital not already held by its parent company in Rockhampton Television Ltd, licensee of RTQ Rockhampton.

STW

In March 1989 Sunraysia Television Ltd acquired Swan Television and Radio Broadcasters Ltd, licensee of STW Perth, from Bond Corpora­ tion Holdings Ltd. The purchase was partly financed by the sale of Sunraysia's Mildura licensee Burnbay Investments Pty Ltd (STV Mil­ dura) to Bond Corporation Holdings Ltd.

59 2GZ,2RG,4RR

On 20 December 1989, the Tribunal commenced an inquiry into the acquisition of all the issued capital of Stylore Pty Ltd, licensee of commercial radio service 2RG, by Broadcast Media Group Pty Ltd. Broadcast Media subsequently acquired all the issued capital of Nes­ san Pty Ltd and Aymjit Pty Ltd, licensees of 4RR and . 2GZ respectively. The applications relating to these subsequent acquisi­ tions have been joined to the original inquiry.

4IP

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 Ltd), licensee of commercial radio service 4IP Brisbane.

4AM

The acquisition of 100 per cent of the shares in Far Northern Radio Pty Ltd, licensee of 4AM Atherton-Mareeba, by a local consortium.

4CC

The acquisition by Maranoa Broadcasting Co. Ltd of 100 per cent of the shares in Capricorn Broadcasters Pty Ltd.

4SB

The South Burnett Times increased its shareholding to 80 per cent of Forsby Pty Ltd, the licensee company of 4SB Kingaroy.

4LG

The combined inquiry into: a) the acquisition by J Hearne, N Perry, H Van Den Bosch and D Wardell of 100 per cent of the issued shares in Mid Queensland Broadcasting Pty Ltd, licensee of commercial radio service 4LG Longreach; and b) the renewal of the 4LG licence.

60 4VL

The combined inquiry into: a) the acquisition by Douglas Charles Price of 100 per cent of the issued shares in Concept Service Mart (Qld) Pty Ltd, licensee of commercial radio service 4VL Charleville; and b) the renewal of the 4VL licence.

ANZ Banking Group Ltd's application to be registered as a registered lender.

On 16 December 1990 the ANZ Banking Group Ltd (ANZ) lodged an application with the Tribunal to be registered as a registered lender pursuant to s.89Q of the Act.

Section 89Q states that a person shall not be registered unless the Tribunal is satisfied that the person is not and is not likely to be, whether alone or in association with any other person or persons, in a position to exercise either directly or indirectly significant influence on any company holding a commercial television licence.

ANZ is a member of the senior banking syndicate with which Qintex Australia Ltd has outstanding loans. Qintex was placed in receiver­ ship on 21 November 1989 and as a result of this action the Tribunal is considering the level of influence ANZ has over those companies within the Qintex Group holding television licences.

Wes go

During 1988 Wesgo Ltd acquired a prescribed interest in 18 radio licences. These acquisitions placed Wesgo in breach of the radio ownership limits.

In June 1988 Portlock Pty Ltd acquired 4HI Emerald and 4LG Lon­ greach from Wesgo. In January 1989 Wesgo sold 2MC Kempsey to Mid Coast Broadcasters and in March 1989 Broadcast Operations Ltd acquired 4GY Gympie. Wesgo sold 4CC Gladstone to Maranoa Broadcasting Company Ltd in October 1989 _reducing the total num­ ber of licences held to 13.

61 XS West Pty Ltd

On 11 December 1989, XS West Pty Ltd (XS West) lodged an applica­ tion with the Tribunal to be permitted to participate in the benefits of the licence of 7XS Queenstown. This application was lodged in addi­ tion to an application for approval of the transfer of the 7XS licence from 7XS Pty Ltd to XS West Pty Ltd.

An applicant cannot participate in the benefits of a licence during a licence transfer inquiry without Tribunal approval. Therefore XS West's application was intended to gain Tribunal approval to partici­ pate in the benefits of the licence, while the licence transfer application underwent the inquiry process.

In considering the application the Tribunal took into account the fol­ lowing factors:

(a) that XS West understood participation in the benefits of the licence would only be a temporary measure which would lapse on the Tribunal reaching a decision on the licence transfer;

(b) XS West's commitment not to sell the licence for a period of 2 years; and

(c) XS West's commitment to continue to provide an adequate and comprehensive service with the view to improving current stan­ dards.

The Tribunal granted approval to XS West's application to participate in the benefits of the 7XS licence on 25 January 1990. AB a result, the Tribunal has been able to monitor and assess the company's perfor­ mance before reaching a decision in the ongoing licence transfer inquiry.

In February and May 1990 the Tribunal published two Case Studies. Case Studies The first dealt with the role of the Trustees of the NSW Labor Council in commercial radio station 2KY. This Case Study (1/90), which arose from the lodgement of s.90] applications, concluded that the Trustees did not have a prescribed interest in 2KY as they are bare trustees.

The second case study (2/90) dealt with the application from the receivers appointed to the Qintex Group for an extension of time before their contravention of (a) the 60 per cent audience

62 population limit and (b) the holding of more than one prescribed interest in the Queensland Approved Market, became an offence. The case study detailed why the Tribunal gave the requested exten­ sion with regard to (a) but gave a lesser period regarding (b).

The Tribunal brought to the attention of the Minister three apparent circumstances where contraventions of the Ownership and Control Contraventions provisions of the Act amounted to an offence. Amounting to Offences (1) Paul Ramsay private group regarding s.92(1A) - two services in Approved Market C (RVN/CBN)

(2) Bond Group regarding s.92JB(l) - television/radio cross media (TCN/2UE)

(3) Qintex Group regarding s.92(1)(a) - 60 per cent audience population limit (ATN/HSV/BTQ/SAS/TVW /SEQ/MVQ)

There were 11 applications for the transfer of licences approved during 1.989-90. licence Transfers Licence From To

Radio

2GB Sydney Macquarie Cruze Ltd Broadcasting Holdings Ltd 2EC Bega Hoyts Media Ltd Zamopress Pty Ltd 2GZ Orange Country Television Aymjit Pty Ltd Services Pty Ltd 2NM Muswellbrook Hunter Aliform Pty Ltd BroadcastersPty Ltd 2RG Griffith Broadcast Stylore Pty Ltd Operations Pty Ltd 2CA Canberra Macquarie Austereo Ltd Broadcasting Holdings Ltd

63 2ROC Canberra Macquarie Austereo Ltd Broadcasting Holdings Ltd 3AK Melbourne General Television Actraint No. Corporation 93 Pty Ltd Pty Ltd .3BA Ballarat Ballarat Bonowa Pty Ltd Broadcasters Pty Ltd 4BH Brisbane Macquarie Vonstead Pty Ltd Broadcasting Holdings Ltd 4LG Longreach Queensland Mid Queensland Regional Broadcasting Broadcasting Pty Ltd Pty Ltd

During 1989-90 the Tribunal decided not to grant approval for the transfer of the licence of 3TR Sale from the Victorian Broadcasting Network (1983) Pty Ltd to Tricom Radio Pty Ltd.

Television

No applications were received during 1989-90 for the transfer of tele­ vision licences.

The following licence transfer inquiries were still in progress as at 30 Uncompleted June 1990: Inquiries licence From To

Radio

2GO Gosford Wes go Actraint No. Communications 116 Pty Ltd Pty Ltd 6AM Northam Consolidated Radio 6AM Pty Broadcasting Ltd System W.A. Pty Ltd

64 6KG Kalgoorlie Consolidated Radio 6KG Pty Ltd Broadcasting System W.A. Pty Ltd 6VAAlbany Albany Belcap Pty Ltd Broadcasters Pty Ltd 7XS Queenstown 7XS Pty Ltd XS West Pty Ltd

At 30 June 1990, the following services were being operated (under s.89A of the Act) by persons other than the licensee: Operation of Service by Service licensee Operator Other Than Licensee 3KKZ Melbourne The Industrial KZFM Radio Pty Ltd Printing & Publicity Co Ltd

7XS Queenstown 7XS Pty Ltd XS West Pty Ltd

Under s.89Q of the Act, a person's loan interest in a television licensee company can be disregarded for the purposes of the owner­ Registered ship rules if the Tribun;il is satisfied that the person is not, and is not Lender likely to be, in a position to exercise a significant influence on the Inquiries licence.

In 1989-90 the Tribunal approved an application by Natwest Australia Bank Ltd for registration as a registered lender.

The Tribunal is continuing its inquiries into applications from the fol­ lowing organisations for registration as registered lenders:

Toronto Dominion Australia Ltd Taiyo Kobe Australia Ltd Bank of China

In 1989-90 the Tribunal cancelled the registration as a registered lender of Rothwells Ltd (in liquidation).

65 66 CHAPTER6

PROGRAM AND ADVERTISING STANDARDS

67 68 The Tribunal's programming activities are directed towards the deter­ mination and maintenance of program standards and the assembling of information relating to broadcasting to assist this process. The Compliance and Information Branch of the Programs Division moni­ tors the compliance of licensees with the standards, investigates complaints against licensees, undertakes research and provides infor­ mation about programming on radio and television in Australia. The Branch also assesses the programming performance of licensees dur­ ing the licence period as part of the licence renewal process.

The Tribunal assesses compliance of licensees with the program stan­ dards 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 The Radio Program Standards apply to the programs of both com­ and mercial and public stations. The Radio Advertising Conditions only Advertising apply to advertisements broadcast by commercial radio stations. Pub­ Standards lic radio stations are covered by the sponsorship provisions of the Broadcasting Act which prohibit advertisements but allow the broad­ cast of sponsorship announcements.

The main areas covered by the standards and conditions are Aus­ tralian content, amount of advertising and a prohibition on the incite'ffient of hatred against, or gratuitous villification of, a person on the basis of, amongst other things, race, gender, sexual preference or disability.

TeleVision

In January 1986, following legal challenges to its powers to deter­ mine program and advertising standards, the Tribunal announced Interim Television Program Standards and Advertising Conditions. The Tribunal also gave public notice of its intention to conduct pub­ lic inquiries into specific areas of the standards and conditions. Progress in this area is reported in the next section of this report.

The main areas covered by the standards are the Australian content of programs and advertisements, classification of the content of

69 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.

In addition there are also standards governing Children's Television, details of which are set out below.

Section 114(1) of the Act requires licensees to use, as far as possible, Australian the services of Australians in the production and presentation of Content programs.

Section 114(2) 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) of the Act 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 sulJstantially produced in Australia; and use, and encourage the use of, Australian creative resources in connection with the provision of programs".

Radio

The Australian content requirements for radio are contained in Radio Program Standard 4 (RPS4) 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 6am and midnight be performed by Aus­ tralians. Section 114(2) requires that five per cent of all music broadcast be Australian compositions.

The Tribunal monitors these requirements by selecting between two and six sample days for each station each year and requesting logs of music broadcast on these days. The majority of stations easily achieved the quota for all test days in 1989-90. Breaches of RPS4 were determined against four commercial and two public stations.

The margins by which the quota is met vary between formats . Stations with easy listening and adult contemporary formats tend to show small margins of 1-2 per cent over the quota, whilst those with

70 contemporary formats regularly achieve local content figures of around 25 per cent. Public radio with its weekly program cycle and absence of playlists, displays strong fluctuations, depending on the programming on the days monitored. Their margins fluctuate from the bare minimum requirement to more than double.

As well as monitoring compliance with the standards the Tribunal also compiles information about the availability of Australian music and makes it available to the public and to commercial and public radio. This includes maintaining up to date information on the release of records featuring Australian artists and the extent to which they are played on radio.

Television

The Tribunal determined a new Standard for Australian content on commercial television in November 1989, following an extensive and detailed public inquiry lasting three years. The Standard, Television Program Standard 14 (TPS14), came into effect from 1January1990. The new standard replaced the previous Australian content standard introduced in 1972.

The previous standard had required licensees to broadcast 104 hours of first run Australian drama per year, eight hours of first run Aus­ tralian children's drama and four "big budget specials".

The objectives of the Tribunal in formulating the new standard were to encourage programs which are identifiably Australian; which recognise the diversity of cultural backgrounds in the Australian com­ munity; which are developed for an Australian audience and which are produced with Australian creative control.

The new standard contains two separate requirements: a transmission quota which sets a minimum level of Australian content between 6am and midnight, and a quota for first release Australian drama, children's drama and certain "diversity" programs.

The transmission quota requires that 50 per cent of transmission time between 6am and midnight be occupied by Australian programs by 1993. The quota has been set at 35 per cent for 1990, increasing by five per cent per year over the next four years.

The quota for Australian drama, children's drama and diversity pro­ grams is regulated by a formula-based scoring system. Each

71 qualifying program is awarded a score which is calculated by multi­ plying an "Australian factor" by a "Quality factor" by the duration of the program in hours. The scoring system allows licensees flexibility as to how and when they meet the requirements.

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

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

The drama/diversity score is set at 4260 points to be achieved over a three year period (an average of 1420 per year), with a minimum of 1320 points to be achieved in any one year. The 100 points shortfall allowed in any one year takes account of difficulties that may be experienced in any one year as a result of the cancellation of an unpopular program.

A minimum of 850 points for first release Australian drama is required each year. The amount of Australian children's drama required under the standard has increased from eight hours per year under the previous standard to 12 hours in 1990 and will increase to16 hours in subsequent years.

The purpose of th'~ diversity score is to encourage program types which appear ir:·requently in commercial television schedules or which represen~ a greater risk for licensees. The six diversity pro­ gram types are variety, social documentary, arts, science, current affairs/news specials and new concepts.

Compliance with the new standard is monitored through weekly returns made to the Tribunal by each station. As compliance with the standard is assessed over a calendar year rather than a financial year, it is not yet possible to report on results. Results for 1990 will be available in 1990-91.

New Children's Television Standards were determined in November Children's 1989 following a three year public inquiry. The standards came into Standaids force on 1January1990.

The Tribunal's objective for the regulation of children's television is that children have access to a variety of quality television programs

72 made specifically for them. This includes Australian programs and especially Australian drama.

The previous Children's Television Standards were introduced in 1984. These standards cemented 4pm to 5pm weekdays as 'C' time on commercial television; 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; controlled advertising during 'C' time; and required a minimum of eight hours of new Australian children's drama. to be transmitted each year. The standards also required that a minimum of 30 minutes of preschool programs be transmitted each weekday between 9am and 4pm.

The new standards have not altered the amount of 'C' programming required, but have provided increased programming flexibility by replacing the fixed 'C' hour with 'C' time bands. Licensees must transmit 260 hours of 'C' programming per year. At least 30 minutes of 'C' programs must be played each weekday between 4.30 and 8.30pm, with the remaining hours made up either in this time band, or between 7am and 8.30pm on weekends and school holidays. In addition, 30 minutes of 'P' programs must be transmitted each week­ day between 8.30am and 4.30pm.

Other changes to the standards include new criteria for 'C' programs; preclassification for preschool programs; fewer restrictions and more certainty in the advertising provisions; and an increase in the require­ ment for Australian 'C' drama, from eight hours under the previous standard, to 12 hours for 1990 and 16 hours for subsequent years.

While the standard allows for greater flexibility in the scheduling of 'C' and 'P' periods the intention is the child audience should know when these programs are scheduled and receive adequate notice of any changes. Licensees are required to notify the Tribunal of their 'C' and 'P' periods and of any changes to the scheduling of periods. The Tribunal records the schedules and checks them against the returns ·made by each licensee under the Australian content standard.

Like Australian content the annual quota of 'C' and 'P' periods is assessed each calendar year. Therefore it is not possible to report on any results at this stage. No breaches of the other new standards have yet been determined by the Tribunal.

73 Comments The Tribunal receives comments and complaints from the public as part of its responsibilities for program standards. All such representa­ and tions, 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 "Investigation and Determination of Breaches of the Broadcasting Act 1942, Program Standards and Other Licence Conditions".

The Tribunal received a total of 2342 comments or complaints during 1989-90, compared with 2414 in 1988-89.

Estimates that 45 per cent of complainants were females and 55 per cent males allow for the fact that complaints or comments were made not only by individuals, but also by groups, including family and special interest groups.

Complaints were made by organisations, families, special interest groups and individuals of whom 45 per cent were women and 55 per cent men.

Of the comments or complaints received during 1989-90, 6.2 per cent were taken up with the station or industry body concerned. Of these, 3.42 per cent were substantiated. Another 151 complaints were referred to the stations or industry bodies for comments, but had not been determined fully.

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

All complaints received during the year were recorded in a com­ plaints database which provides the Tribunal with a cross-reference from each complaint to a standard and where relevant, the licensee and the program. The database also contains categories to cover pro­ gramming 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 Pro­ gram 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. In view of the number of complaints received, the Tribunal is unable to provide

74 individual copies of these reports but a brief summary is published in the Tribunal newsletter ABTEE.

The tables in Appendix E provide a summary of the nature and num­ ber of complaints and comments received during 1989-90 concerning differing aspects of television and radio programs or advertising.

The main cause for comment or complaint during 1989-90 was the content of television advertisements. This accounted for 20 per cent of all comments or complaints to the Tribunal. Provided stations comply with the provisions of the standards and the Act, the Tribunal does not normally intervene in the day to day programming arrange­ ments 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.

Other major causes of comment or complaint were program classifi­ cation, involving Television Program Standards 3 to 11 (18 per cent), program scheduling arrangements (8.15 per cent), amount of adver­ tising (7.36 per cent), and news and current affairs in G time ( 4.26 per cent).

The Tribunal has no power over the programs of the Australian Broadcasting Corporation (the ABC) or the Special Broadcasting Service (SBS). Complaints and comments received about programs of the ABC and SBS are referred to the ABC or the SBS, each of which is an autonomous statutory authority responsible for its own pro­ gramming standards.

The provisions governing the broadcasting of political or controver­ sial matter by radio or television are set out in ss.116, 117 and 117A Broadcasting of the Act. of Political Matter During 1988-89, s.116 was amended so that the provisions relating to election advertisements also governed Territory elections. These pro­ visions do not apply to local government elections or referenda.

In the twelve months between 1July1989 and 30 June 1990 a gener­ al Federal election was held and general State elections were held in Queensland and South Australia. In addition, periodical elections were held for the Tasmanian upper House and by-elections for eleven seats in the parliaments of five states and territories.

75 In all cases the Tribunal required the licensees of stations broadcast­ ing to those parts of Australia involved in the elections to refrain from broadcasting election advertisements from midnight on the Wednesday preceding polling day until the close of the polls on polling day.

The principles used by the Tribunal in determining whether broad­ cast material is an 'election advertisement' are set out in the Tribunal's Policy Statement POS 02.

Under s.103 of the Act, licensees are required to broadcast or trans­ Religious mit divine worship or other matter of a religious nature during such Programs periods as the Tribunal determines and, if the Tribunal so directs, to do so without charge.

From 1 February 1986, the Tribunal has given effect to this statutory requirement by means of specific directions pursuant to s.103. Radio licensees are required to transmit one hour per week free of charge. Television licensees are required to transmit free of charge one per cent of normal weekly hours of service, with a minimum of 30 min­ utes per week. A lesser amount may be transmitted by a television licensee provided there is agreement between the church agency and the licensee.

Information available to the Tribunal from program schedules, logs and other sources indicates that all licensees were generally comply­ ing with the provision of the Act and Tribunal directions. The majority of the programs presented are provided by the national and state program production organisations of the mainstream churches represented in the service areas of the stations.

As a result of an application, the Tribunal will conduct an inquiry to determine whether a standard should be introduced requiring licensees to transmit Divine worship or other matter of a religious nature at specific times. The inquiry was opened on 30 March 1990, immediately deferred until 1 August and later deferred again until 1 November 1990.

76 Research work has continued for the Violence on Television inquiry and the Review of Advertising Time on Television. In addition, the Research Tribunal has conducted research in the recently aggregated, Approved Market C area (Southern NSW and the ACT).

The commissioned research for the Violence on Television inquiry formed the basis for conference contributions and journal articles prepared throughout the year. The commissioned research is pub­ lished in Volume 2 of the Tribunal's Violence on Television inquiry report.

As part of the Review of Advertising Time on Television, the Tribunal commissioned Tart Research to provide off-air monitoring of stations' advertising placement and advertising duration. The Tribunal appointed a consultant to develop a database system using the Tart data. Extensive statistical analysis of the data was conducted and this material is reported in the three information papers produced for the Review of Advertising Time on Television inquiry.

The research conducted in Approved Market C examined the public's attitudes to locally produced programs and the role of television in the market. Viewers' perceptions of change in the television service since aggregation was also canvassed in the research. The research material will provide input to the television licence renewals in the market.

The Research Section routinely provides assessments of independent market research submitted to the Tribunal during licensing inquiries. Market research is undertaken by applicants to ascertain the commu­ nity's needs and interests in relation to radio or television services. The Research Section has reviewed research undertaken in many ser­ vice areas, mostly provided by applicants for FM radio licences.

The Tribunal subscribes to the audience measurement surveys of AGB:McNair Anderson Associates Pty Ltd. Aggregate audience figures have been incorporated into a computerised data base. Analyses of AGB:McNair Anderson survey figures are undertaken in relation to all metropolitan and regional licence renewals. An analysis of Australian audiences' viewing and listening patterns is published annually in the Tribunal's publication 'Broadcasting in Australia'.

The research section continued to collect material on the social implications of radio and television, to assist members of the public with inquiries in this area, and to address public and student groups about these matters and the activities of the Tribunal.

77 78 CHAYl'ER 7

PROGRAMS - PUBLIC INQUIRIES

79 80 Before exerc1smg a substantive power the Tribunal has to hold a public inquiry. Since the power to determine program standards is Public defined as a substantive power, any determination of program stan­ Inquiries dards, whether undertaken at the Tribunal's initiative or at the request of another, must be preceded by an inquiry.

During 1989-90 the Tribunal conducted fourteen public standards inquiries. Thirteen of these concerned program standards and one was into the exercise of another of the Tribunal's substantive powers. Six of the inquiries were initiated by the Tribunal itself, one was initi­ ated by the Minister, and the remaining seven were the result of requests.

Three of the inquiries initiated by the Tribunal were continued from 1987-88. Two were concerned with program standards and the other examined the exercise of Tribunal powers under the Act in relation to comments by Mr John Laws broadcast on 2GB Sydney. No action was taken on this inquiry in 1989-90 because of legal action.

The inquiry initiated by the Minister was concerned with Violence on Television. This began in August 1988 and was completed in January 1990.

All eight inquiries which began during the year were concerned with the Tribunal's program standards, as were two other inquiries which commenced in 1988-89 as a result of requests and continued in 1989-90.

Of the seven requested standards inquiries which commenced or continued during 1989-90, one arose from two applications to vary the new Australian content standard for television. Two arose from applications to vary the new children's television standards during the coverage of the 1990 Commonwealth Games. One arose from an application to vary the preschool children's television standards but was withdrawn when the new children's television standards were introduced. One inquiry arose from an application about the right of reply. One request was for an inquiry regarding the requirements for religious broadcasts and one requested radio program standards for sponsorship announcements.

Of the fourteen inquiries, seven had been completed as at 30 June 1990, four were still in progress, two had been deferred and one had been cancelled.

81 MAJOR PROGRAM STANDARDS INQUIRIES

Two major Tribunal-initiated program standards inquiries were com­ pleted during 1989-90. Both inquiries followed from the January 1986 announcement of the Tribunal's Interim Television Program Stan­ dards and Advertising Conditions.

Research also continued for the review of the advertising time on television inquiry. This inquiry commenced in October 1989 at the conclusion of the trial period without rules governing the length and placement of advertisements on television.

A further major program inquiry was initiated by the Minister to con­ sider the portrayal, presentation and reporting of violence on television. The Report for this inquiry was submitted to the Minister on 31January1990 and tabled in Parliament on 28 May 1990.

The inquiries into the Television Program Classification Standards and the content of television advertisements and their placement with respect to content, which were also included in the Tribunal's January 1986 announcement have not yet commenced.

The major program inquiries completed in 1989-90 were:

Inquiry into the Levels of Australian Content on Commercial Australian Television Content The Tribunal determined the new levels of Australian content for television programs with the release of its decision and reasons for the revised Television Program Standard (TPS) 14 in November 1989. The standard took effect from 1 January 1990 and was the culmina­ tion of a three year public inquiry process.

The Tribunal defined the public interest in this inquiry as being that viewers should receive an assured level of indentifiably Australian programs which recognise the diversity represented in the Australian community and which are developed under Australian creative con­ trol.

In determining the standard the Tribunal sought to encourage pro­ gram diversity and allow maximum flexibility to licensees as to how and when they meet the requirements. TPS 14 includes an incentive based scoring system for drama, children's drama and diversity

82 programs. It also provides for a nurumum level of Australian programs with a transmission quota. This quota begins at 35 per cent for 1990 and increases to 50 per cent overall by 1993.

The standard for Australian drama has changed from requiring a set 104 hours of Australian first release drama to a more flexible standard. Licensees can mix the minimum amounts required of adult and children's drama with diversity programs or more drama programs. An explanation of the scoring involved is included in chapter 6.

The principle that guided the Tribunal in determining appropriate minimum levels in this inquiry was that of setting a "safety net" at the relevant average program levels reached and sustained in the past. However the Tribunal determined a substantial increase in the mini­ mum amount of Australian children's drama required to meet the standard.

The standard also recognises a group of programs which may have commercial disadvantages in terms of their cost and risk to licensees but can otherwise add to program diversity. The standard therefore offers incentives to licensees who may wish to experiment with untried programs or take financial risk with more expensive programs.

During the course of this inquiry the Tribunal had regard in the first instance to records and analysis of overall levels of Australian pro­ gramming, the composition of programming generally, and the composition of, and trends in, Australian programming in particular.

The Tribunal collected its own evidence (published in a series of dis­ cussion papers), invited public submissions and sought additional evidence from industry bodies and members of the public. This evi­ dence was sought by submission and at the various public conferences held throughout Australia at various stages of the inquiry. The Tribunal considered, evaluated and responded to all the issues raised within the broad scope of the inquiry.

The decision and reasons for this part of the Australian Content on Commercial Television inquiry is included in the public inquiry report IP /86/11. A comprehensive report will be published in 1990- 91 setting out the background to this inquiry, summaries of information and details of the research considered.

On 28 April 1989 the Tribunal decided to separate the treatment of foreign content in television advertisements from other Australian

83 . content matters. This subject and issues were considered to be differ­ ent enough to warrant a separate conference and decision. Progress on this aspect of the inquiry is discussed separately.

Review of the Children's and Preschool Children's Television Children's 1V Program Standards Standards The Tribunal's objective for the regulation of children's programs is to ensure that children have access to a variety of quality television programs made specifically for them, including Australian drama and non-drama programs.

New children's television standards were released by the Tribunal in November 1989 and took effect from 1 January 1990. The decisions within the inquiry reaffirmed the Tribunal's longstanding policy that children are entitled to a viewing choice of quality television pro­ grams which take into account their special interests and experiences, and are made from their point of view.

This policy has been well documented and has been highlighted in the information and discussion papers produced for the inquiry and included on the public inquiry file.

The inquiry was initiated in 1987 to review the existing children's and preschool children's television standards which had been in force since July 1984. The new standards provide for a more flexible regulatory framework to ensure that the Tribunal's regulatory objec­ tive for children's television is met. This more flexible regime has been adopted to encourage a commitment of more resources to chil­ dren's programming.

The essential components are the revised criteria for 'C' and 'P' pro­ grams; the adoption of wider 'C' bands rather than a set 'C' time where children's programs can now compete for an audience; and fewer restrictions and more certainty within the advertising require­ ments. There is a new requirement for preschool programs to be preclassified and an increase in the amount of first release Australian children's drama required per year. Further details on the number of children's programs required per year and the times at which those programs can be shown are included in chapter 6.

A total of 193 submissions were received in response to the issues highlighted in the information paper and the Australian Content discussion paper for this inquiry. Over 40 parties attended the con-

84 ferences held Australia wide. Draft standards were issued for com­ ment in June and October 1989 before being finalised. The decisions and reasons for the inquiry are included in the public inquiry report IP/87/4. A comprehensive report will be published in 1990-91 setting out the background to this inquiry, summaries of information and details of the research considered.

Inquiry into Violence on Television

On 22 August 1988 the then Minister for Transport and Communica­ Violence tions directed the Tribunal to conduct an inquiry into the portrayal, on TV presentation and reporting of violence on television. The Tribunal had been aware of community concern about the violent content of television programs, particularly those screened during family view­ ing time, and had previously taken the decision to circulate, in January 1988, copies of a BBC booklet "Violence on Television: Guidelines for Production Staff - 1987."

In addition to the Chairman, Ms Deirdre O'Connor and full-time Member, Mr Michael Ramsden, three part-time Associate Members were appointed to the inquiry. They were Dr Patricia Edgar, Mr George Negus and Professor Peter Sheehan.

In 1988-89 the inquiry was conducted along three parallel paths. Written submissions relating to the terms of reference were called for in December 1988 and a background paper was distributed to assist ifiterested parties in the preparation of submissions. In total, 1114 submissions were received.

The second path centred on research commissioned from the Public Policy Research Centre and its associated company Newspoll, in order to ascertain the extent and level of community concern about violence on television.

The research was conducted in two parts. The initial, qualitative stage involved group discussions with a broad cross section of the community. These were based on stimulus material taped from tele­ vision which illustrated aspects of television violence. The quantitative stage tested hypotheses formed during the qualitative phase via a telephone survey of 2000 individuals aged 13 years and older across urban and rural areas of Australia.

The third aspect of the inquiry was background discussion and research held with experts in the field and television industry repre-

85 The third aspect of the inquiry was background discussion and research held with experts in the field and television industry repre­ sentatives.

Public conferences were held between 21 August and 15 September 1989 in Brisbane, Melbourne, Adelaide, Perth and Sydney. The Ade­ laide and Perth conferences. were held via Telecom's video link facilities due to transport problems arising from an industrial dispute. A conference paper was released in July 1989 in order to focus dis­ cussion at the public conferences. It amalgamated submitters' recommendations with the research findings and information obtained from the inquiry's own background research and discus­ sions, into possible options for the Tribunal to pursue.

In October 1989 a National Conference on Violence was organised by the National Committee on Violence under the umbrella of the Australian Institute of Criminology, with assistance from the Tribunal. At this conference the Tribunal presented the findings of its research and foreshadowed some of the directions it was considering.

On 31 January 1990 the four volume inquiry report, "TV Violence in Australia", was submitted to the Minister. The Minister accepted the Inquiry's recommendations and the report was tabled in Parliament on 28 May 1990.

The recommendations of the inquiry are as follows:

1. That the Minister for Transport and Commuriications request the Australian television industry to draw up a uniform, self-regulat­ ing Code on the treatment of violence on television.

2. That this Code use as a basis the Tribun~l's Interim Television Program Standards and ·consolidate and strengthen existing internal industry guidelines.

3. That this Code be subject to acceptability by the Tribunal.

4. That this Code be· industry-wide, covering all television services including the Australian Broadcasting Corporation and the Spe­ cial Broadcasting Service.

5. That this Code be evaluated and updated at regular intervals by the television industry with regard to current community values.

6. That the implementation of the Code, where appropriate, be

86 reviewed by the Tribunal within the normal licence renewal process.

7. That the television industry examine its approach to all programming giving special attention in the Code to particular issues including the exercise of care in regard to:

7.1 the child audience;

7.2 the depiction of suicide; and

7.3 the depiction of violence out of context.

8. That in addition to the issues set out in Recommendation 7, the television industry examine its approach to news and current affairs programs, giving special attention to:

8.1 editorial policy and practice where graphic footage is available (eg national disasters, accidents, terrorist attacks, murders and executions) and the criteria applied to deter­ mine the presentation of such incidents;

8.2 care in the reporting of suicide; and

8.3 guidelines for programs which intrude into private grief.

9. That this Code prohibit violent acts or scenes in all television advertising.

10. That effective management procedures be adopted to ensure responsible application and practice of the Code.

· 11. That the industry conduct an awareness campaign to inform the public about violence on television;

11.1 that the scale and manner of this campaign be approved by the Tribunal; and

11.2 that this awareness campaign offer specific advice on the classification of programs and program content.

12. That the Federal and State Governments support a nationwide education program to enable parents and schools to assist chil­ dren to deal with violence in television programs.

87 13. That this report be referred to the Australian Education Council to consider the introduction of appropriate television studies into all Australian primary and secondary schools.

The current major program standards inquiries are:

Review of Advertising Time on Television Advertising Time on As outlined in the 1988-1989 Annual Report (pp 88-89), in September Television 1987 the Tribunal decided to repeal the existing Television Advertis­ ing Conditions (TACs) governing the length, number and placement of advertisements on television.

A two year trial period without rules was allowed to provide televi­ sion licensees with the opportunity to experiment with more acceptable patterns of ad/program mix.

Criteria against which the success or failure of this trial period could be measured were established at the time of the 1987 Inquiry and included in the report "Advertising Time on Television". These crite­ ria relate, among other things, to the rate of interruption to various categories of program, the need for experimentation in the place­ ment and number of interruptions, and the need for more extensive audience surveys.

During the trial the Tribunal conducted major research exercises to assist in the collection of data on actual station practices and viewer attitudes to advertising on television. These have included:

• Analysis of data purchased from Tart Research Pty Ltd. This has provided information on the rate and amount of commercial interruption to programs;

• A survey of audience attitudes to advertising, conducted by Reark Research Pty Ltd in June 1989;

• An assessment of viewer complaints as well as other informa­ tion gathered as part of the licence renewal process. This has been of assistance in gauging audience reaction to the removal of the advertising time rules.

88 The results of this research were included in three Information papers, released in November 1989, December 1989 and May, 1990.

The Inquiry to review the trial period was opened in October, 1989. A total of 14 submissions and one supplementary submission were received. Submissions came from the general public, public interest groups, and representatives of the television and advertising indus­ tries. These are currently under consideration. The inquiry will continue in 1990-91.

Australian Content on Commercial Television - Foreign Content in Television Advertisements. Foreign Content in The aspect of the Australian content on commercial television inquiry 1VAds dealing with advertisements was administratively separated from the programming aspects of the inquiry on 28 April 1989. This part of the inquiry was suspended in August 1989, due to resource constraints, and resumed in December 1989. A total of 33 submissions had been received when submissions closed in February 1990. The issues iden­ tified in the discussion paper which was released in April 1989 were:

. 1. Should the level of Australian content in television advertise­ ments be regulated and, if so, how?

2. What effects, if any, would removal of the current standards (TPS 18 and TPS 19), regulating production of advertisements in Australia, have upon the use of Australian creative resources in the provision of programs?

3. If the current standards were to be retained should:

a) the levels of any of the types of foreign content covered by the standard be altered;

b) the sections covering test marketing campaigns be amend­ ed or withdrawn;

c) advertisements produced in New Zealand continue or cease to count as meeting the standard;

d) any other section be amended or redrafted?

89 Conferences were held in Sydney on 26, 27 and 28 June 1990 to dis­ cuss these issues. Further information on matters raised was requested by 31July1990. The inquiry will continue in 1990-91.

Inquiry into whether the Tribunal should determine a new Right of Reply Television Program Standard to provide the Right of Reply when controversial issues are presented on commercial televi­ sion and commercial and public radio.

On 5 February 1989, the Tribunal received an application from Aus­ tralians for Animals (NSW) Inc. to hold an inquiry into whether a new Television Program Standard should be determined to provide the right of reply on commercial television.

The applicant was concerned at not having the right of reply to pre­ sent an alternative viewpoint when a wildlife issue was presented on commercial television.

The Tribunal accepted the application for an inquiry on 24 February 1989. On 23 June 1989, a request was made by the Communications Law Centre to have the issues of the inquiry extended to include commercial radio broadcasts. The inquiry was deferred due to resource constraints in August 1989 and resumed in December 1989.

The Tribunal decided to extend the issues to include commercial and public radio and published a new notice of issues in March 1990, inviting submissions by 1 June 1990.

The issues for the inquiry are:

1. (a) Whether the Tribunal should determine a new Television Program Standard or Standards to provide the right of reply to any person or group directly affected by broad­ casts on controversial issues of public importance; and

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

2. (a) Whether the Tribunal should determine a new Radio Program Standard or Standards to provide the right of reply to any person or group directly affected by broad­ casts on controversial issues of public importance; and

90 (b) if so, in what form and manner?

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

A total of 36 submissions have been received to the inquiry. As at 30 June 1990, the Tribunal was considering whether to extend the issues to include whether current affairs programs should also be made subject to the standards on accuracy, fairness and impartiality which currently cover news programs.

OTIIER PROGRAM STANDARDS INQUIRIES

Exercise of Tribunal powers in relation to broadcasts by Mr John Laws on 2GB. John Laws

In November 1987, the Tribunal decided that comments about Aborigines made by John Laws on 2GB in March 1987 had been in breach of Radio Program Standard (RPS) 3.

The Tribunal subsequently initiated an inquiry into the exercise of its powers under ss. 85 and 101 of the Act in relation to 2GB and s.119 in relation to Mr Laws.

Mr Laws applied to the Federal Court for review of the Tribunal's decisions that he had breached the standards, and the decision to hold an inquiry. The Tribunal undertook not to proceed with the inquiry until the litigation was resolved.

On 5 August 1988, Marling]. held that there was no obligation on the Tribunal to accord natural justice to Mr Laws in respect of the decisions as to breaches of the standards; it was conducting only a preliminary investigation preceding a formal inquiry into the exercise of its powers under the Act. As for the decision to hold an inquiry, his Honour rejected an argument that the Tribunal, because three of its members had decided that breaches had occurred, would be like­ ly to be biased against Mr Laws in the inquiry. The Tribunal, so long as it was made up of different members, could proceed to conduct the inquiry.

91 On appeal to the Full Federal Court, it was held that the decision as to breaches having occurred was invalid, and the decision to com­ mence the inquiry was void. However the Full Court refused to order that the Tribunal be permanently stayed from holding a fresh inquiry into the alleged breaches.

Mr Laws then applied for special leave to appeal to the High Court on this aspect of the case. The appeal was restricted to the question of whether the Tribunal was biased against Mr Laws because of the terms of its defence filed in defamation proceedings commenced by Mr Laws against the Tribunal and Ms Paramore, the Tribunal's Direc­ tor of Programs.

On 28 June 1990 the High Court concluded that Mr Laws was not entitled to an order restraining the Tribunal from holding an inquiry into his broadcasts and ordered that he pay the Tribunal's costs. The appeal was allowed only to the extent that an order was made restraining the Tribunal from holding such an inquiry while the Chairman (Ms O'Connor) or Ms James Bailey were present in their capacity as members of the Tribunal (i.e. on the Division dealing with the inquiry).

As at 30 June 1990 the Tribunal was considering the decision and its implications for the inquiry.

Inquiry into whether Television Advertising Condition 9 and Betting and the Radio Advertising Conditions should be amended in rela­ Gambling tion to advertisements about Betting and Gambling.

On 3 November 1988, the Tribunal received an application from the New Life Ministry at Street Level Incorporated of Broadbeach, Queensland ("The Ministry") to hold an inquiry into whether the Television and Radio Advertising Conditions should be amended in relation to advertisements about betting and gambling.

The Ministry was concerned about the effects of compulsive gam­ bling on the health and welfare of families and wanted advertisements for betting and gambling to carry educational or warning messages.

The Tribunal accepted the application for an inquiry on 23 Novem­ ber 1988.

92 The issues for the inquiry were:

1. (a) Whether advertisements on commercial television relating to betting and gambling should carry an educational and/or health warning; and

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

2. (a) Whether advertisements on commercial radio relating to betting and gambling should carry an educational and/or health warning; and

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

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

Eighty two submissions were received. After consideration of all the submissions and relevant documents, the Tribunal decided not to determine a standard to require the placement of educational or health warnings on advertisements for betting and gambling on com­ mercial television and radio.

The full account of this inquiry including the decision and reasons is contained in Report IP/88/212.

Inquiry into observance of Tribunal Standards by Holders of Remote Radio and Television licences and Supplementary Standards and Radio licences and amendment of Tribunal Standards affected Remote by time zone differences. licences

The Tribunal decided to commence this inquiry because two matters came to its attention. The first of these arose after the Tribunal had received legal advice to the effect that remote radio and television licences and supplementary radio licences were not technically cov­ ered by the Tribunal's program standards because the definitions within the standards did not include those category of licences. To date, holders of such licences had acted as if the standards applied to them and the Tribunal had treated them accordingly. The Tribunal decided an inquiry was required to amend this anomaly.

93 The second matter was the problem of how licensees should observe program standards which specify times when their service areas cover more than one time zone, i.e. when there is a difference in 'clock time' between the point where a broadcasting service originates and points within the service area where it is received. This arose for some commercial television licensees and two of the Remote Commercial Television Service (RCTS) licensees (Queensland Satellite Television and Imparja) whose service areas cross the borders of states which elect to observe different time conventions.

Separate inquiries had been conducted in the previous year to vary some time-based program standards for individual licensees. The Tri­ bunal considered that rather than continue to hold minor inquiries to vary the standard for the individual licensees, an inquiry was war­ ranted to amend the program standards to take account of time zone differences.

A notice of issues was published in July 1989 inviting submissions by 25 August 1989.

The issues considered in this inquiry were:

1. Whether the Tribunal should determine that the Tribunal's Radio Program Standards and Radio Advertising Conditions should be observed by the holder of a supplementary licence;

2. Whether the Tribunal should determine that the Tribunal's Radio Programs standards and Radio Advertising Conditions should be observed by the holder of a remote radio licence;

3. Whether the Tribunal should determine that the Tribunal's Interim Television Program Standards, Interim Television Adver­ tising Conditions, Children's Television Standards and Preschool Children's Television Standards should be observed by the hold­ er of a remote television licence;

4. (a) Whether the Interim Television Program Standards should be amended to take account of time zone differences in a licensee's service area; and

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

5. (a) Whether the Interim Television Advertising Conditions should be amended to take account of time zone differ­ ences in a licensee's service area; and

94 (b) if so, in what form and manner?

6. (a) Whether the Children's Television Standards should be amended to take account of time zone differences in a licensee's service area; and

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

7. (a) Whether the Preschool Children's Television Standards should be amended to take account of time zone differ- ences in a licensee's service area; and

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

8. (a) Whether the Radio program Standards should be amended to take account of time zone differences in a licensee's service area; and

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

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

10. Whether the Tribunal's direction of 20 December 1985, pursuant to section 103 of the Broadcasting Act 1942 should be amended so that the holder of a remote television licence should be required to observe the same requirements that a holder of a commercial television licence is obliged to observe in relation to the broadcast of Divine Worship or other matter of a reli­ gious nature.

11. Whether the Tribunal's direction of 18 December 1985, pursuant to Section 103 of the Broadcasting Act 1942 should be amended so that the holder of a remote or supplementary radio licence should be obliged to observe the same requirements that the holder of a commercial or public radio licence is obliged to observe in relation to the broadcast of Divine Worship or other matter of a religious nature.

Eighteen submissions were received to this inquiry. In making its decision to amend the relevant standards the Tribunal considered that:

• the program standards should apply to holders of all classes of licences;

95 • observance of standards according to the time of origin of a ser­ vice was the only feasible option for broadcasters from a technical and economic point of view, but in order to prevent the undesirable consequence of children being exposed to adult programming, certain additional requirements were necessary;

• of the program standards which deal with program classifica­ tions, TPS 7, 8, 10 and 21 which define AO are of central concern;

• a one hour time difference between time of origin and time of reception was tolerable because it would not result in adult classifications (PGR and AO) over-running current C time;

• the current maximum time difference within a service area of one and a half hours (as is the case of the Central Region RCTS) was such that observance at time of origin would have the undesirable consequence of AO being received up until 4.30pm and PGR until 5.30pm;

• the critical time of the day in such a case, therefore, was from 1.30pm - 5.00pm based on time of origin, which could translate to 3.00pm - 6.30pm at reception, there being a problem with daytime AO and PGR finishing later, and there not being a diffi­ culty with the evening PGR or AO starting later or finishing later in the early morning;

• in the case of a service area with a greater than one hour time difference, a specific limitation on the length of the AO timeslot was required; and

• classification announcements and warnings about AO and PGR programs intruding into classification times for G and C classifi­ cation programs would be necessary when there is to be more than a one hour over-run.

The full account of this inquiry including the decision and reasons is contained in Report IP/89/114. Inquiry to vary Television Program Standard (TPS) 14 to allow programs broadcast outside the time band of 6pm and mid­ Variation of night to qualify for the drama diversity score requirement Australian under TPS 14. Content Standard In February and March 1990, the Tribunal received applications from Prime Television (Prime) and the Nine Network (Nine) seeking amendments to the eligibility time band of the drama/diversity score requirement of TPS 14 (16). Both applicants asked the Tribunal to consider amendments to allow Australian drama programs shown at 5.30pm to be claimed towards the drama/diversity score: Nine also submitted that any inquiry be treated as "urgent". In addition to these applications, the Golden West Network wrote to the Tribunal to request that consideration be given for amendments to cover their first run Australian drama shown at 4.00pm.

It was Prime's view that the program Home and Away ,which quali­ fied for the originating Seven Network's drama/diversity score, could not be scheduled on Prime without the displacement of its news service. Nine sought to "maximise its scheduling flexibility for the coming year and beyond" and felt that amendment would enable it to trial new programs and test audience acceptability.

The Tribunal accepted Prime's application on 13 March 1990 and Nine's on 16 March 1990 and decided to hold a joint inquiry. In view of the expressed urgency, the Tribunal determined, pursuant to section 17C(7) of the Broadcasting Act 1942, that it was not practica­ ble to comply with the notification requirements in Regulation 9 of the Australian Broadcasting Tribunal (Inquiries) Regulations. Instead, pursuant to section 17C(7)(b) of the Act, the Tribunal sought submis­ sions from licensees and major parties to the Australian Content Inquiry.

The issues for the inquiry were:

1. should Television Program Standard 14(16) be amended to allow programs broadcast outside the current time band of between 6pm and midnight to qualify for the drama/diversity score requirement under TPS 14(12);

2. if an amendment of the kind referred to in issue 1 is desirable, the scheduling requirements, if any, to apply for eligibility with the drama/diversity score under TPS 14(12); and

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

97 Nineteen submissions were received. After consideration of all the submissions and relevant documents, the Tribunal decided to amend­ ed the standard to allow drama and diversity programs shown within a continuous six hour period between the hours of 5.00pm to mid­ night to qualify for the drama/ diversity score.

The full account of this inquiry including the decision and reasons is contained in Report IP/90/54.

Inquiry to vary CTS 3 (P programs) for NTD 8 Darwin, to allow Variation of displacement of preschool programs during the Australian Children's Open Tennis Championships and the Commonwealth Games, TV Standard for 2S, 26, 29, 30, 31 January, 1, 2 February, 1990.

On 28 November, 1989, Territory Television Pty Ltd applied to the Tribunal to vary CTS 3 (effective 1/1/90), in respect of N1D8 Darwin, to allow displacement of preschool ('P') programs for live coverage of the Australian Open Tennis Championships semi-finals, and also for the Commonwealth Games.

The application was accepted by the Tribunal on 15 December, 1989, and the Inquiry was conducted under Regulation 8 of the Australian Broadcasting Tribunal (Inquiries) Regulations.

On 19 December, 1989, the Tribunal decided to vary CTS 3, as it applied to NTD 8 Darwin, for the dates specified. Also specified · were the conditions which applied in respect of any displacement.

A full account of this Inquiry is contained in Report No. IP /89/208.

Inquiry to vary CTS 3 (P programs) for Imparja Television Alice Springs, to allow displacement of preschool programs during the Commonwealth Games, for 2S, 26, 29, 30, 31 January, 1, 2 February, 1990.

On 8 January 199CJ, Imparja Television Pty Ltd applied to the Tribunal to vary CTS 3 (effective 1/1/ 90) in respect of Imparja Television Alice Springs, to allow displacement of preschool (P) programs for live coverage of the Commonwealth Games on 25, 26, 29, 30, 31 January and 1, 2 February, 1990.

98 The application was accepted by the Tribunal on 8 January, 1990, and the Inquiry was conducted under Regulation 8 of the Australian Broadcasting Tribunal (Inquiries) Regulations.

On 19 January 1990, the Tribunal decided to vary CTS 3, as it applied to Imparja Television Alice Springs, for the dates specified. Also spec­ ified were the conditions which applied in respect of any displacement.

A full account of this Inquiry is contained in Report No. IP /90/11.

Inquiry to amend P classification starting date required under Children's Television Standard (CTS) 1.

The Children's Television Standards (CTS) came into effect on 1 Jan­ uary 1990. Under CTS 3, licensees have an obligation to broadcast at least 390 hours of children's programs per year which must include at least 130 hours of 'P' programs. A 'P' program was defined in CTS 1 as one which meets the criteria of suitability for preschool children in CTS 2 and, in respect of any program broadcast on or after 1 July 1990, has been classified by the Tribunal as a 'P' program.

On 12 June 1990, considering the imminent starting date requirement for 'P' classified and the on-going assessment of 'P' programs, the Tri­ bunal decided to conduct an inquiry to amend the standard. At this time, no program currently broadcast to meet the hours required for 'P' programs, had been classified by the Tribunal.

For reasons of urgency the Tribunal determined pursuant to section 17C(7) of the Broadcasting Act 1942 that it was not practicable to comply with particular requirements of the Australian Broadcasting Tribunal (Inquiries) Regulations. Instead, pursuant to section 17C(7)(b), the Tribunal was satisfied having regard to the decision and reasons for the revised children's television standards that it was not necessary to make any further investigation into any matter rele­ vant to the inquiry.

The Tribunal decided to extend the implementation date for 'P' clas­ sified programs by a further six months.

The full account of this inquiry is contained in Report No. IP/90/94.

99 It is the Tribunal's view that children are entitled to a choice of quali­ Children's and ty programs which take into account their special interests and Preschool experiences and are made from their point of view. Children should Children's also have the opportunity to view contemporary Australian programs Television made especially for them. Programs Under the new Children's Television Standards (which came into effect on 1 January 1990) the Tribunal is required to classify preschool programs ('P' programs) prior to broadcast, as is the case for Children's Programs ('C' programs) .. The constitution of the Chil­ dren's Program Committee has been amended to reflect this new requirement.

The Committee's current terms of reference are:

(1) To provide advice, including formulating draft standards, to the Tribunal in relation to the Tribunal's functions of-

(i) determining standards to be observed by licensees in respect of the televising of children's programs,

(ii) determining standards to be observed by licensees in respect of the televising of programs where the viewing audience contains or is likely to contain large numbers of children, and

(iii) the televising of advertisements and promotions during children's programs.

"Children" in this context are all people younger than 14 years.

(2) To assess and make recommendations to the Tribunal with respect to the following in terms of the standards and guide­ lines determined by the Tribunal:programs proposed for 'C' and 'P ', 'Provisional C' and 'Provisional P' and 'C Australian Drama' classifications;

(3) To provide information, advice and assistance to television licensees, producers of children's programs and the public on the Tribunal's standards in relation to children's programs and advertising directed to children.

Under the Committee's Constitution, committee members may be appointed for periods up to three years. The Tribunal introduced staggered re-appointments to provide for the rotation of committee

100 membership. The rotation scheme is designed to bring new perspec­ tives to the Committee via its membership while maintaining continuity of experience.

The terms of office of Ms Klari Kadar (Vice Chairperson), Mr Pablo Albers (Member) and Ms Christina Hunniford (Member) expired at the end of November 1989. The Tribunal approved the re-appoint­ ment of all three members for a further three year term. In approving these re-appointments the Tribunal gave consideration to the sub­ stantial input the current Committee had made to the review of the children's and preschool children's television standards and, in par­ ticular, to the revised criteria for assessing 'C' and 'P' programs which the Committee would be implementing from 1January1990.

Owing to increased work demands, Ms Hunniford resigned from the Committee in the new year. The Tribunal noted her resignation with regret.

At 30 June 1990, the members of the Committee were as follows:

Ms Clare Petre, (Chairperson) (appointed December 1987 for a three year period).

Ms Klari Kadar, (Vice-Chairperson) Manager-Marketing, Myer Direct (re-appointed December 1989 for a three year period).

Mrs Barbara Biggins, Librarian, Child, Adolescent and Family Health Service, South Australia (re-appointed December 1987 for a three year period).

Mr Pablo Albers, formerly Head of the Full Time Program, Film, Television and Radio School (re-appointed December 1989 for a three year period).

Mr Ian Fairweather, Head, Children's Television, Network Ten Australia (re-appointed December 1988 for a two year period).

Dr Patricia Gillard, researcher and lecturer in Communication, Canberra University (appointed December 1988 for a three year period).

The report of the Children's Program Committee is included in Appendix F. A list of programs classified 'C' and 'C Australian Drama' in this period, including renewals of classification, appears in Appendix G.

101 102 CHAPTERS

ECONOMICS AND FINANCE

103 104 The Economics and Finance Branch provides financial and economic information and analysis to assist the Tribunal, particularly in its deliberations on licence grants and renewals.

The Branch has three functions:

• To collect, verify and publish financial data based on returns by licensees.

• To analyse financial matters for licence renewals, grants and ownership transfer inquiries.

• To assess, collect and verify licence fees from 193 commercial licensees (during 1988-89).

Three computerised financial databases are maintained. These relate to commercial radio, commercial television and public radio. The first Financial two are commercial-in-confidence while the last is in the public Databases domain. The data in each is based on annual returns and accounts from licensees.

The Commercial Radio Financial Database includes data from 1978- 79 to 1988-89. This data is based on information from the old annual return form ABT-11 which is limited to profit and loss figures for the years to 1986-87, and from a more comprehensive annual return form from 1987-88.

The Commercial Television Financial Database also includes data from 1978-79 to 1988-89. While data from 1978-79 to 1985-86 is based on the old annual return form ABT-12, data from 1986-87 onwards is more comprehensive because licensees completed a revised annual return.

The Public Radio Financial Database includes data from 1982-83 to 1988-89. However, unlike commercial licensees, public radio licensees were not required to complete a pro-forma annual return before 1988-89. The database before 1988-89 therefore derived from the licensees' annual accounts, which vary in format and accounting practices.

The financial information provided by licensees through their returns is published in the Tribunal's "Broadcasting Financial Yearbook 1988- 89". In separate chapters for commercial television, commercial radio

105 and public radio, the Yearbook provides revenues, expenditure, prof­ itability, balance sheet items and financial ratios for several categories of services. There are also chapters on licence fees, staff of services and population changes in service areas.

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

During the year the Branch provided 88 financial analyses for com­ mercial television, commercial radio and public radio licence renewals. The Branch also provided 17 . analyses for commercial radio and public radio licence grants.

Fees for licences for commercial radio and television services are Fees For payable to the Commonwealth in accordance with, respectively, the licences for Radio Licence Fees Act 1964 and the Television Licence Fees Act Commercial 1964. The Tribunal acts as the Minister's agent in the assessment and Radio and collection of these fees. Television Services Under the Broadcasting Act and the Licence Fees Act, a fee based on a percentage of the gross earnings of the service to which the licence relates is payable as follows:

a. on 1 January for those services whose licence originally com­ menced between 1 July and 31 December;

b. on the anniversary of the original date of commencement of the licence for all other services

The Radio Licence Fees Act defines gross earnings in relation to a commercial radio service as the gross earnings of the licensee of the service from the broadcasting of advertisements or other matter. The Television Licence Fees Act defines gross earnings for television as those from the televising of advertisements or other matter. Gross earnings for licence fees are calculated by adding advertising rev­ enue, less accredited agents commission, to other assessable revenue.

106 Section 7 of each Act empowers the Minister to form an opinion as to whether an amount earned by a person other than the licensee of a service forms part of the gross earnings of the service, to ensure that all income properly attributable to the licensee is included in gross earnings for the purpose of the Acts.

Initial Fees

A fee of $500 is payable on the grant of a commercial licence. Dur­ ing 1989-90, a total of $5,000 i~ initial licence fees was collected from licensees for grants of·five new commercial radio licences and five commercial television licences (consolidation of services).

Radio

Total licence fees payable by commercial radio services during the period 1 July 1989 to 30 June 1990, based on gross earnings in the previous financial year of $397.2m were $16.3m. In the financial year prior to that, total licence fees payable by commercial radio services were $14.lm. Total fees payable for 1989-90 were made up as fol­ lows:

licence Fees Payable

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

New South Wales and Australian Capital Territory 6,064 1,172 7,236 Victoria 3,775 306 4,081 Queensland 1,590 611 2,201 South Australia 1,281 46 1,327 Western Australia 1,211 96 1,307 Tasmania and Northern Territory 94 75 169

Australia 14,015 2,306 16,321

In addition to the above, the Tribunal collected establishment fees and AM/FM conversion fees of $5.9m during 1989-90.

107 An establishment fee is payable on the grant of a licence where applications for the licence were invited after 1 March 1987. The fee is calculated by reference to a formula involving the gross earnings and licence fee(s) of the existing licensee(s) in the service area, or involving the population of the service area if there is no existing licensee.

Where applications are invited for a new radio licence to serve sub­ stantially the same service area of an existing licensee broadcasting on the AM band, the existing licensee may 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 is payable by the licensee to convert from AM to FM.

Establishment and conversion fees collected during 1989-90 were as follows:

Establishment fees $'000 Hobart 877 Gosford 2,650 Darwin 1,025 Shepparton 797 Conversion fee Geelong 514 Total 5,863

Television

Total licence fees payable by commercial television services during the period 1 July 1989 to 30 June 1990 based on gross earnings in the previous financial year of $1346.4m were $104.5m. In the finan­ cial year prior to that, total licence fees payable by commercial television services were $87.7m. Total fees payable for 1989-90 were made up as follows:

108 licence Fees Payable

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

New South Wales and Australian Capital Territory 32,988 7,093 40,081 Victoria 29,169 2,807 31,976 Queensland 11,406 2,415 13,821 South Australia 7,274 255 7,529 Western Australia 9,097 438 9,535 Tasmania and Northern Territory 1,582 1,582

Australia 89,934 14,590 104,524

On 25 January 1990, regulations under the Television Licence Fees Act were gazetted. They provide for a rebate of licence fees payable by the licensees of regional commercial television services when these services move to aggregate.

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.

Four licensees in Approved Market C (Southern NSW) notified the Tribunal in January 1990 that they wished to claim a rebate of licence fees of 100 per cent. CBN Central New South Wales, CTC Canberra and WIN Illawarra were allowed rebates totalling $2.8m. The rebate claimed for service RVN was not allowed, and RVN is pursuing the matter with the Minister.

Section 123 of the Broadcasting Act provides that a licensee shall fur­ nish to the Tribunal an audited balance sheet and profit and loss Financial account, in a form approved by the Tribunal, and other records relat­ Results of ing to the service as the Tribunal from time to time directs. Section Commercial 124A provides that the Tribunal shall assemble information relating Television and to radio and television in Australia. Commercial and Public Financial information gathered by the Tribunal is used to assist it in Radio Services its statutory responsibilities relating to the commercial viability of existing and proposed commercial radio and television services, the

109 financial capabilities of licensees and applicants for licences, and the financial implications for licensees of changes in Tribunal Program Standards. The Tribunal has no authority to collect information on licensees' related companies except in relation to licence fees matters. Some licensees use related companies for production and other activ­ ities which could affect their profitability.

Since 1986-87 the Tribunal has required commercial television licensees to complete a new, expanded annual return designed to improve the quality of information provided. This information allows for more accurate analyses of the financial position of licensees as well as the whole industry. A revised annual return form for commer­ cial radio licensees was introduced in 1987-88. During 1988-89 the Tribunal introduced a pro-forma annual return for Australian public radio services.

Commercial Television

In 1988-89, commercial television broadcasting profit slumped $144.4m (102.3 per cent), leading to a loss of $3.2m, the first loss reported since 1957-58. A strong increase in broadcasting revenue of $227.7m (17.2 per cent) was offset by an increase in operating expen­ diture of $372.2m (31.6 per cent) during the year. The profit-ability of capital city services fell by $124.8m, moving from a profit of $73.2m in 1987-88 to a loss of $51.6 in 1988-89. Non-capital city (other) ser­ vices recorded lower profits, declining by $14.6m (28.8 per cent) to $48.4m.

1987-88 1988-89 %of Financial ($m) ($m) Total Growth 1988-89 (%)

Capital City No. of Services 16 15 Revenue 1,045.8 1,222.5 78.9 16.9 Expenditure 972.6 1,274.1 82.1 31.0 ProfitOoss) 73.2 (51.6) NM (170.5)

Other No. of Services 37 35 Revenue 275.1 326.1 21.1 18.5 Expenditure 207.1 277.7 17.9 34.1 ProfitOoss) 68.0 48.4 NM (28.8)

110 1987-88 1988-89 %of Financial ($m) ($m) Total Growth 1988-89 (%)

Total No. of Services 53 50 Revenue 1,320.9 1,548.6 100.0 17.2 Expenditure 1,179.7 1,551.8 100.0 31.5 Profit(loss) 141.2 (3.2) 100.0 (102.3)

NM denotes not meaningful

Commercial Radio

Broadcasting revenue of Australian commercial radio services increased by $36.2m (9.3 per cent) to $425.3m in 1988-89, but oper­ ating expenditure increased by $61.0m (17.6 per cent) to $407.2m, leading to a decrease in broadcasting profit of $24.8m (57.8 per cent) to $18. lm. On a national basis, each of the four market categories suffered reduced profitability in 1988-89. The largest reversal ($12.4m) was experienced by capital city AM services, moving from a profit of $0.2m in 1987-88 to a loss of $12.2m in 1988-89. The small­ est reversal ($1.0m) was experienced by other services, whose profit declined from $11.3m in 1987-88 to $10.3m in 1988-89. The perfor­ mance of the four market categories is summarised in the following table.

1987-88 1988-89 %of Financial ($m) ($m) Total Growth 1988-89 (%)

Capital Qty FM No. of Services 77 Revenue 93.0 111.0 26.1 19.4 Expenditure 65.9 89.8 22.1 36.3 Profit(loss) 27.1 21.2 117.1 (21.8)

Capital Qty AM No. of Services 29 30 Revenue 163.0 171.7 40.4 5.3 Expenditure 162.8 183.9 45.2 13.0 Profit(loss) 0.2 (12.2) (67.4) NM

111 1987-88 1988-89 %of Financial ($m) ($m) Total Growth 1988-89(%)

Larger Cities No. of Services 30 35 Revenue 57.9 64.4 15.1 11.2 Expenditure 53.6 65.6 16.1 22.4 ProfitQoss) 4.3 (1.2) (6.6) (127.9)

Other No. of Services 75 71 Revenue 75.2 78.2 18.4 4.0 Expenditure 63.9 67.9 16.7 6.3 ProfitQoss) 11.3 10.3 56.9 (8.8)

Total No. of Services 141 143 Revenue 389.1 425.3 100.0 9.3 Expenditure 346.2 407.2 100.0 17.6 ProfitQoss) 42.9 18.1 100.0 (57.8)

NM denotes not meaningful.

Public Radio

The number of public radio services increased from 75 in 1987-88 to 77 in 1988-89. Funding increased by 9.0 per cent, from $10.95m in 1987-88 to $11.93m in 1988-89. Expenditure decreased by 4.5 per cent, falling from $12.30m to $11.75m, leading to a surplus of $0.18m in 1988-89 compared with a $1.36m deficit in the previous year. The following table shows that the growth in funding exceeded that of expenditure in every category, except Aboriginal.

1987-88 1988-89 %of Financial ($m) ($m) Total Growth 1988-89 (%)

Community No of Stations 50 52 Funding 3.86 4.19 35.1 8.7 Expenditure 4.07 4.18 35.6 2.6 Surplus (0.22) 0.01 7.1 (106.0)

112 1987-88 1988-89 %of Financial ($m) ($m) Total Growth 1988-89 (%)

Special Interest No of Stations 7 7 Funding 1.57 1.73 14.S 9.8 Expenditure 1.75 1.73 14.7 (1.3) Surplus (0.18) 0.00 (1.1) (98.9)

Educational No of Stations 11 11 Funding 3.46 3.82 32.0 10.5 Expenditure 3.62 3.76 32.0 3.9 Surplus (0.16) 0.06 33.5 (138.4)

Religious No of Stations 4 4 Funding 1.13 1.23 10.3 9.2 Expenditure 1.54 1.29 10.9 (16.3) Surplus (0.41) (0.05) (29.1) (87.0)

Ethnic No of Stations 2 2 Funding 0.63 0.78 6.S 24.2 Expenditure 1.02 0.56 4.8 (45.2) Surplus (0.40) 0.22 118.7 (154.5)

Aboriginal No of Stations 1 1 Funding 0.30 0.18 1.5 (40.9) Expenditure 0.30 0.23 2.0 (23.4) Surplus 0.00 CO.OS) (29.1) NM

Australia No of Stations 75 77 Funding 10.95 11.93 100.0 9.0 Expenditure 12.30 11.75 100.0 (4.5) Surplus (1 .36) 0.18 100.0 (113.4)

Figures in brackets denote decline or deficit. NM denotes not meaningful.

A more comprehensive breakdown of commercial television, com- mercial radio and public radio financial results is published in the Tribunal's "Broadcasting Financial Yearbook 1988-89".

113 114 CHAPfER9

LEGISIATION

115 116 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 ser­ vices, the determination of standards and practices for the technical equipment used and its operation, lies with the Minister for Transport and Communications (s.125D of the Act).

At 30 June 1990, the planning of commercial and public broadcasting 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's former responsibility for issuing test transmission permits and rebroadcasting and retransmission licences has now been replaced by a system of temporary transmission permits and retrans­ mission permits administered by the Minister.

The Tribunal is responsible for granting and renewing licences, sub­ ject to such service specifications as the Minister may determine. The Tribunal is also empowered to suspend or revoke licences. For the exercise of all these powers, specific criteria are laid down in the Act (ss.83, 86 and 88).

Part IIIBA of the Act contains a range of complex provisions designed to ensure diversity in the ownership and control of com­ Ownership and mercial broadcasting services. It also provides an approval Control 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 sharehold­ ing or voting interests above a certain threshold in a company which holds a licence. In the case of a television licence, loan interests may also amount to a prescribed interest.

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.

117 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 sub­ stantial market in common;

(b) prohibits 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.

For the purposes of the cross-media rules the Tribunal must keep an Associated Newspaper Register (s.89S); 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), "grandfather­ ing" provisions protect pre-existing 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 Programs requirements over a range of matters (such as Australian music, reli­ gious programs, political and election matter, and cigarette

118 advertising) and confers on the Tribunal the power to determine program standards (s.16), 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" Inquiries (ss.17A-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 "substan­ tive 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 1985-86 Annual Report.

Other Acts of relevance to the Tribunal are the Television Licence Fees Act 1964 and the Radio Licence Fees Act 1964, which specify Assessment the annual licence fee payable by commercial licensees on a sliding of licence scale related to "gross earnings" of the station. The Tribunal adminis­ Fees ters this legislation on behalf of the Minister for Transport and Communications, including the assessment and collection of licence fees. The Broadcasting Amendment Act (No. 2) 1987 makes provi­ sion for the imposition of a penalty for late payments under the Licence Fees Acts. If the fee remains unpaid more than two months after the due date, a penalty is calculated at the rate of 20 per cent per annum from the due date (s.123A). Where it is fair or reasonable, all or part of the additional fee may be remitted. The Amendment Act also amends the criteria in ss.86 and 88 of the Broadcasting Act under which the Tribunal could refuse to renew, or could suspend or revoke, a licence if the licensee failed to pay the fee. The new criteri­ on is based on unreasonable or repeated delay in payment.

There was no legislation passed during the year specifically relevant to the Tribunal's operations. Amendments to the Act

119 During 1989-90 the Tribunal continued to consult with the Depart­ Proposed ment of Transport and Communications about possible amendments Legislative to the Broadcasting Act. Amendinents

Department of Transport and Communications, Review of the Broadcasting Act

The Department's review of broadcasting regulation continued dur­ ing 1989-90. As an interim step in the review, legislation was introduced for an "efficiency package" of amendments to the Act [Broadcasting Amendment Bill (No. 2) 19901. The package is primari­ ly concerned with reducing the burden of regulation in the ownership and control area. In particular, Tribunal approval for transactions will be needed only where

(i) a prescribed interest is acquired for the first time;

(ii) there is a change in actual control; or

(iii) the Tribunal considers that there may be a breach of foreign ownership limits.

Licence renewal periods will be extended to a maximum of five years. As at 30 June 1990, the Bill had been passed in the House of Representatives and it was intended to go to the Senate in the Bud­ get sittings of Parliament.

Administrative Review Council - Review of Tribunal's Procedures:

The ARC is conducting a review of the Tribunal's procedures. The review, begun by the Department of Transport and Communications into the Australian Broadcasting Tribunal (Inquiries) Regulations 1986, has been subsumed into the ARC review. The ARC has retained the Communications Law Centre, University of New South Wales, to prepare a discussion paper for the purposes of the review. As at 30 June 1990 this discussion paper had not been released.

120 Broadcasting Amendment Bill 1990 :

As at 30 June 1990, this Bill had been passed in the House of Repre­ sentatives and it was intended that it go· to the Senate in the Budget sittings of Parliament. The proposed amendments to the Act cover the following:

1. Clarification of the Tribunal's power to hold simultaneous inde­ pendent/supplementary inquiries for new FM services in regional areas.

2. Increases in the powers of the Tribunal where a licensee fails to meet the "suitability requirements" that apply to a commercial licence, including the power to issue directions to enforce that suitability and the divestiture by a person of particular interests in a company.

3. Permission for sponsorship and community information announcements to be broadcast under temporary test transmis­ sion permits in the same way as public licensees can broadcast them.

4. Public licensees to be permitted to broadcast community pro­ motional material.

121 122 CHAPTER 10

REVIEW OF TRIBUNAL DECISIONS

123 124 The following is an outline of judgments handed down during the year concerning Tribunal decisions. Judgements Delivered

1. Kaycliff Pty Limited v ABT: Federal Court, 13 July 1989.

In this judgement the Court refused an application by Kaycliff that the Tribunal Division conducting the Kaycliff Inquiry disqualify itself on the grounds of apprehended bias.

2. Wesgo Communications v ABT: Full Federal Court, 18 August 1989.

This was an appeal against the Federal Court decision of 16 May 1989, noted in the Tribunal's 1988-1989 Report. The Full Federal Court upheld the Tribunal's appeal on the issue of commercial viabil­ ity.

3. Bond & ors v ABT: Full Federal Court, in the original jurisdiction of the Federal Court, 12 September 1989.

On 30 June 1989, Mr Bond and related companies lodged an applica­ tion with the Federal Court for review of the Tribunal's decision that various licensees controlled by Mr Bond are not fit and proper per­ sons to hold the licences. In this decision the Court set aside the Tribunal's decision on the grounds of various errors of law.

4. Gold Coast Christian Broadcasting Assn. and PBAA v ABT: Federal Court, 28September1989.

On 14 July 1989, the licensee of 4CRB Burleigh Heads filed an appli­ cation for review of the Tribunal's decision concerning sponsorship announcements on the station. The Court declared that no error of law as alleged by the applicants was involved in the decisions of the Tribunal which found certain announcements broadcast by 4CRB were in breach of the provisions of s.119AB of the Broadcasting Act. Still outstanding was the question of whether the rules of natural jus­ tice had been breached.

125 5. ABT v Bond & ors: High Court Special Leave Application, 13 October 1989.

On 27 September 1989, the Tribunal applied for special leave to appeal to the High Court against the decision of the Full Federal Court outlined above. The High Court granted special leave but reserved the right to revoke or qualify the grant if it should appear from examination of all the material that the grant was inappropriate.

6. Wesgo Communications Pty Ltd v ABT: High Court Special Leave Application, 13 October 1989.

The High Court refused to grant special leave to Wesgo Communica­ tions Pty Ltd to appeal the decision of the Full Federal Court outlined above.

7. Kaycliff Pty Ilmited v ABT: Full Federal Court, 10 Novem­ ber 1989.

On 5 & 6 October 1989, the Full Federal Court heard an appeal by Kaycliff against the decision of the Federal Court outlined above. The appeal was principally concerned with seeking to disqualify the Chairman of the Tribunal from proceeding further with the Kaycliff Inquiry. The appeal was dismissed, the Full Federal Court stating that certain remarks by the Chairman of the Tribunal and her spouse could arouse no reasonable apprehension of bias as alleged by Kaycliff.

8. Amalgamated Television Services Pty Ltd & ors v ABT (No. 1): Full Federal Court, 11 December 1989.

This was an appeal against the Federal Court decision of 24 April 1989, noted in the Tribunal's 1988-1989 Report. This case concerned the Tribunal's powers to require licensees to provide certain informa­ tion as part of the annual return. The Court held that two of the schedules could not be supported on this occasion nor was the requirement of a statutory declaration valid. One schedule was invalid for uncertainty while the other was held to require informa­ tion it was outside the Tribunal's power to require under s.123 of the Broadcasting Act (although it may have been possible to obtain the information under s.124).

126 9. Rivers Radio Pty Ltd v ABT: Full Federal Court, 20 Decem­ ber 1989.

This was an appeal against the Federal Court decision of 21 April 1989, noted in the Tribunal's 1988-89 Report. The Court dismissed an appeal by Rich Rivers Radio Pry Ltd, licensee of 2QN Deniliquin. The Court held that the Tribunal had made no reviewable error in its assessment of 2QN's commercial viability in its decision to grant an FM licence in Shepparton, Victoria.

10. Gold Coast Christian Broadcasting Assn. and PBAA v ABT: Full Federal Court, 2 March 1990.

This was an appeal from the decision of the Federal Court outlined above. The Court upheld the decision that no error of law as alleged by the applicant was involved in the Tribunal's decisions that certain sponsorship announcements were in breach of the provisions of s.119AB of the Broadcasting Act.

11. John Laws v ABT: High Court, 7 February 1990.

This was an appeal against the 21 March 1989 judgement of the Full Federal Court noted in the Tribunal's 1988-89 Report. The appeal was restricted to the question of whether the Tribunal was biased against Mr Laws because of the terms of its defence filed in defamation pro­ ceedings commenced by Mr Laws against the Tribunal and Ms Paramore, the Tribunal's Director of Programs. The Court concluded that Mr Laws was not entitled to an order restraining the Tribunal from holding an inquiry into his broadcasts and ordered that he pay the Tribunal's costs. The appeal was allowed only to the extent that an order was made restraining the Tribunal from holding such an inquiry while the Chairman or another member were present in their capacity as members of the Tribunal (i.e on the Division dealing with the inquiry).

127 Utigation on Hand at 30 June 1990 Current Utigation 1. laws v. ABT and Anor.: Supreme Court defamation action.

On 25 May 1988, Mr Laws commenced proceedings in the NSW Supreme Court against the Tribunal and a staff member, Ms Paramore, for defamation in relation to an interview Ms Paramore had with Ms Jane Singleton on 2GB Sydney 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 3 (RPS 3) by Mr Laws. No hearing date had been set as at 30 June 1990.

2. Spencer Gulf Telecasters v ABT; Broken Hill Telecasters v ABT: Administrative Appeals Tribunal.

These are related applications to the AAT for review of decisions of the Tribunal to grant short licence renewals to two commercial televi­ sion stations, with conditions requiring them to conduct market research. The matter was heard by the AAT (constituted by Neaves J of the Federal Court) on 5-8 March 1990 and the decision was reserved. No decision had been handed down as at 30 June 1990.

3. ABT v Bond & ors: High Court.

This appeal, pursuant to the leave granted by the High Court out­ lined above, was heard on 27 February - 1 March 1990. Judgement was reserved and had not been handed down as at 30 June 1990.

4. 4AIM Pty Ltd v ABT: Federal Court.

On 21 September 1989, 4AIM Pty Ltd applied for an order of review of the Tribunal's decision of 25 August 1989 to refuse to grant to the applicant a commercial FM radio licence to serve the Townsville area. The matter was set down for hearing on 10-12 September 1990.

S. Northern Rivers FM Radio Ltd. v ABT: Federal Court.

As outlined below, consent orders were made setting aside the Tri­ bunal's decision to grant an FM licence to serve Lismore and referring the matter back to the Tribunal for further consideration.

128 The licence applicant, Northern Rivers FM, previously ranked second by the Tribunal, then sought orders from the Court preventing Mr Allen from taking further part in the inquiry. On 18 April 1990, Ein­ feld J heard argument on this question and reserved his decision. As at 30 June 1990, his judgement had not been handed down.

6. Northern Rivers Television Ltd and Darling Downs TV Ltd v Minister, ABT, Qintex and Ors.: Federal Court.

On 1 February 1990, proceedings were commenced in the Federal Court by the licensees of NRN Grafton-Kempsey, RTN Richmond­ Tweed, DDQ Darling Downs and SDQ Southern Downs. The orders sought included:

(a) a declaration that the Minister's Indicative Plan for aggregation was void.

(b) an injunction restraining Qintex Television and its affiliated sta­ tions from putting into effect affiliation agreements.

(c) an injunction restraining the Tribunal from renewing the Seven licences in Sydney, Melbourne and Brisbane, and from giving consent to the Qintex affiliates to allow Qintex to participate in the benefits of their licences.

The Minister, Qintex and Prime filed motions to strike out the pro­ ceedings. The Court (Hill].) dismissed these motions on 30 May, and set a timetable to bring the matter to trial.

7. Family Radio Ltd. v ABT and ors: Federal Court.

On 21 March 1990, an application was filed in the Federal Court by Family Radio Ltd, an applicant for a public radio licence to serve Brisbane. The licence was designated by the Minister as a "special interest" licence; however, the Minister did not specify which special interest was to be served. The Tribunal decided, as a preliminary matter, that the licence should be designated "Special Interest (Abo­ riginal)". Family Radio alleged that this decision was tainted by error of law and failure to accord natural justice. No hearing date had been set as at 30 June 1990.

129 8. Nowra FM Pty Ltd v ABT and ors: Federal Court.

On 12 June 1990, an application was filed by Nowra FM Pty Ltd, an applicant for a commercial FM licence to serve the Nowra area. The application was in respect of decisions by the Tribunal dated 11 May 1990 to refuse to grant a commercial licence to serve the area (on the grounds of viability) and to grant a supplementary licence to the incumbent licensee, South Coast and Tablelands Broadcasting Pty Ltd (the second respondent). No hearing date had been set as at 30 June 1990.

9. Hanor Pty Ltd v ABT: Federal Court.

On 13 June 1990, an application was filed by Hanor Pty Ltd, the licensee of 3SR Shepparton. The application was in respect of a Tribunal decision not to re-open the Shepparton licence grant inquiry, which was completed in 1988. Hanor had asked for further conditions to be placed on the successful applicant, Goulburn Valley Broadcasters Pty Ltd, prior to the grant of a licence. No hearing date had been set as at 30 June 1990.

1. Amalgamated Television Services Pty Ltd & ors v ABT Other Litigation (No. 2): Federal Court.

Two companies in the Seven Network applied for review of deci­ sions by the Tribunal to require them to furnish copies of certain agreements for the supply of programs. The matter was settled before it went to hearing on 14 November 1989, and the licensees provided copies of the agreements.

2. Richmond River Broadcasters Pty Ltd v ABT; Northern Rivers FM Radio Ltd v ABT: Federal Court.

Following the Tribunal's decision to grant an FM licence to serve Lis­ more, the incumbent AM licensee and the unsuccessful applicant sought review of the decision. The Tribunal decided not to defend the Richmond River application because certain information had been used in the decision without giving the incumbent licensee the opportunity to make submissions about it. On 12 February 1990, the Court made consent orders setting aside the Tribunal's decision and referring it back to the Tribunal for further consideration.

130 3. Darwin Broadcasters Pty Ltd v ABT: Federal Court.

On 29 January 1990, Darwin Broadcasters, the licensee of 8DN Dar­ win, applied for review of the Tribunal's decision to grant a commercial FM licence to serve Darwin/Katherine. The application was received a month late, after the successful applicant for the licence had already paid its establishment fee to the Commonwealth. On 9 March 1990, the Court ordered that the late application be accepted subject to Darwin Broadcasters undertaking to compensate the successful applicant in the event that its application for an order of review was dismissed. They failed to give such an undertaking and the proceedings were discontinued.

4. Rich Rivers Radio v ABT: High Court Special Leave Application.

In April 1990 Rich Rivers Radio, the licensee of 2QN Deniliquin, withdrew its application for special leave to appeal to the High Court from the decision of the Full Federal Court outlined above.

5. Gold Coast Christian Broadcasting Assn. and PBAA v ABT: Federal Court.

After the Full Federal Court dealt with this matter, as outlined above, still outstanding was the question of whether the rules of natural jus­ tice were breached in making the decision. However, the application was discontinued.

On 12 July 1989, Mr Peter Neil complained to the Commonwealth Ombudsman regarding the Tribunal's handling of several of his com­ Ombudsman plaints concerning the Nine Network and the program 'Sixty Minutes'. He told the Ombudsman that the Tribunal had placed two of his letters on the public files for the TCN-9 and GTV-9 renewal inquiries, but had not compelled the stations to respond to Mr Neil's complaints.

The Ombudsman found that the Tribunal had not been unreasonable in the way that it had handled Mr Neil's complaints and submissions to it.

131 132 CHAPTER 11

PUBLIC INFORMATION

133 134 The Tribunal's publication program continued to grow in 1989-90, with the publication in September 1989 of the first "Broadcasting Publications Financial Yearbook", covering the year 1987-88.

The Financial Yearbook contained financial information and analysis about the broadcasting industry and carried a cover price of $75. Up to 30 June 1990, 163 copies had been sold by mail order. The 1988-89 edition of the Financial Yearbook was nearing completion at 30 June 1990. It was subsequently published on 21 August 1990.

Issues of the "Ownership of Australia's Broadcast Media" were published in October 1989, December 1989, February 1990 and April 1990. This publication provides information about the shareholders of licensee companies, population reach of major media owners and cross media ownership. Due to increased production and postage costs, the price of a four issue subscription rose during the year from $110 to $165. At 30 June 1990, the publication had 155 paying sub­ scribers.

The second edition of "Broadcasting in Australia", covering the cal­ endar year 1989, was nearing completion at 30 June 1990. It was subsequently published on 13 August 1990.

During the year, the first "Broadcasting in Australia", for the year 1988, sold 385 copies. This comprised 276 copies sold by the Aus­ tralian Government Bookshops and 109 mail order by the Tribunal. The recommended retail price was $19.95.

A report of the Tribunal's "1V2000" conference was published in May 1990. One copy was supplied gratis to all delegates who attended the conference. The publication was also offered for sale, recom­ mended retail price $19.95, and 12 copies had been sold as at 30 June 1990.

In line with the Tribunal's 'user pays' publications policy, a charge was implemented for the Tribunal's fortnightly newsletter "ABTEE" in October 1989. A yearly subscription to the newsletter (25 issues) now costs $75, including postage and handling.

The library has continued to strengthen its collection in the broad- library casting, mass media and telecommunications areas. A total of 1301 external users, including international visitors, sought information from the library; an indication of its recognition as a major broadcast- ing collection.

135 Computerised information facilities, including INFO-'ONE, DIALOG, AUSINET, DISCOVERY, ILANET and ABN, provide access to world­ wide resources and complement the print collection.

The library collection can now be accessed through the comput­ erised catalogue. The addition of serial material is underway. Borrowings from the collection are also recorded on computer, giv­ ing improved control over the circulation of material.

The Library issues two publications at regular intervals. The Library Bulletin is produced and distributed to staff and interested organisa­ tions quarterly, whilst Contents Pages is issued each month.

A total of 4611 reference/Inquiry related transactions, both for library material and referral, were recorded.

In its role of assembling and disseminating information about broad­ State Offices casting in Australia, the Tribunal maintained during 1989-90, as part of its Programs Division, offices and state representation in all main­ land 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 matter. Tribunal publications are also available for sale.

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 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.

136 The state representative in Victoria also has responsibility for Tasma­ nia, and the state representative in South Australia has responsibility for the Northern Territory.

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

Location of Tribunal's Offices

Sydney Tandem House (Head Office) 76 Berry Street NORTH SYDNEY NSW 2060 Telephone (02) 959 7811 Toll free (008) 22 6667 Facsimile (02) 954 4328 DX 10528 NORTH SYDNEY

Melbourne 14th Floor Marland House 570 Bourke Street MELBOURNE VIC 3000 Telephone (03) 670 1777 Toll free (008) 33 7417 Facsimile (03) 670 4821

(Toll free number is for complaints from NSW, ACT, NT and Tas. only.)

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

Adelaide 3rd Floor 70 Light Square ADELAIDE SA 5000 Telephone (08) 2311454 Facsimile (08) 231 1452

137 Perth 10th Floor 251 Adelaide Terrace PERTH WA 6000 Telephone (09) 325 7041 Facsimile (09) 221 1631

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 following information is provided on the operation of the Free­ Freedom of dom of Information Act 1982 (the FOI Act). Information

Requests Made

At the beginning of the period, one request was outstanding from the previous period. Access in full was granted to part of this request in July 1989. The remaining part of the request was withdrawn in January 1990.

Eleven requests were received in the period 1 July 1989 to 30 June 1990, compared with twenty requests in the previous year. Of these eleven requests, two were granted in full; part of one was granted in full with the other part subsequently withdrawn; six were granted in part; and two were outstanding as at 30 June 1990.

The six requests which were granted in part were requests for Tribunal and Children's Program Committee minutes and records of meetings with outside bodies. Whilst the majority of the minutes were made available, certain parts were exempted, mostly claimed under paragraph 43(1)(c), which concerns business or financial inter­ ests of individuals or organisations. Exemptions were also claimed under ss. 36(1), 43(1)(b), and 46(c).

The average time taken to notify decisions was 25 days compared with 13 days for last year. This increase is attributed to the fact that many of the requests were complex matters requiring consultation under s.27 and with the Department of Transport and Communica­ tions concerning possible Cabinet documents.

138 The type of information to which access was sought can be cate­ gorised as minutes and records of meetings (six requests), documents relating to Tribunal decisions concerning the operation of the Broadcasting Act (three requests), documents relating to an inquiry (one request, part of which was transferred to Department of Transport and Communications), and documents relating to a deci­ sion about a complaint (one request).

Two requests for remission of the application fee and the charges associated with the requests, were received. One, from an individual, was allowed on financial hardship grounds, the other was disal­ lowed. Another request, for the remission of charges only, was disallowed. The requests which were disallowed were made by jour­ nalists and were based on public interest grounds.

Handling of Requests

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

No applications were made to the Tribunal or the Administrative Appeals Tribunal for review of decisions.

There were no claims for secrecy under s.38 in the period.

Cost of Freedom of Information

The total cost to the Tribunal for Freedom of Information activities in the period was estimated at about $4,800.

A total of $718.22 was collected and notified, being the amount payable for charges relating to compliance with requests. The applications fees collected amounted to $300. Staff costs for FOI activities were $2, 113 which, with 85 per cent overheads of $1796, made a total cost of $3,910, compared with $5,920 last year.

139 140 CHAPTER 12

ORGANISATION AND STAFF OF THE TRIBUNAL

141 142 Section 15E of the Broadcasting Act provides that the staff of the Tribunal shall be employed under the Public Service Act 1922.

The Tribunal's senior executive staff are: MsRMedd General Manager Ms P Manser Director, Programs Division Mr B Barbour Director, Licensing Division Mr R See Director, Corporate Services Division

Full details of the organisation of the Tribunal is contained in Appendix K.

The Tribunal's average staffing level for 1989-90 was 127.1 with an allocation of 0. 74 added for the Inquiry into Violence on Television. At 30 June 1990, the Tribunal had 119 staff under the Public Service Act and five statutory office holders (Tribunal members). Of these, 53 were men and 71 were women. Staff numbers at the Head Office in Sydney were 116, Melbourne had five and Adelaide, Brisbane and Perth one each.

Julie James Bailey Ms Julie James Bailey's term as a Member ceased on 31 July 1989 Changes In after having been with the Tribunal since January 1984. Membership and The Tribunal, at its meeting held on 12 July 1989, expressed its Senior Staff appreciation of the contribution Ms James Bailey had made to the work of the Tribunal and wished her well for the future.

Victoria Rubensohn Ms Victoria Rubensohn resigned as a Member of the Tribunal on 18 August 1989 after being with the Tribunal since October 1987.

The Tribunal, at its meeting on 11 August 1989, expressed its regret at Ms Rubensohn's decision to resign, its appreciation of the contri­ bution she had made during her term as a Member, and wished her well for her future role as Executive Director of the International Institute of Communications in London.

Deirdre O'Connor Ms Deidre O'Connor resigned as Chairman of the Tribunal on 22 June 1990 prior to taking up an appointment as a Federal Court judge and as President of the Administrative Appeals Tribunal. Miss O'Connor had been Chairman since March 1986.

143 The Tribunal at its meeting held on 12 June 1990 paid tribute to the outstanding contribution that Miss O'Connor had made to the opera­ tion of the Tribunal for nearly five years in both the public and political spheres, and wished her every success in her new position.

Janette Paramore Ms Janette Paramore, Director, Program Services Division, resigned on 9 November 1989 to take up a position with the Australian Writers Guild. Ms Paramore joined the Tribunal's Licensing Division in 1985.

The Tribunal recognises the contribution made by Ms Paramore to the administration of broadcasting, particularly in the programs area.

Michael Minehan Mr Michael Minehan resigned from the Tribunal on 4 August 1989 to take up practice at the Sydney Bar. Mr Minehan, who commenced work in the Tribunal's Licensing Division in 1981, had been Principal Legal Officer.

The Tribunal recognises the contribution Mr Minehan made to the administration of broadcasting, particularly in the work undertaken by the Tribunal in legal affairs, and in all areas of the Tribunal's oper­ ations.

The Tribunal has not taken any action under the Public Interest and Public Interest Private Interest Guidelines during the year. and Private Interest Guidelines The Tribunal contracted a firm of chartered accountants, Peat Internal Audit Marwick Hungerfords, to perform an internal audit on the Tribunal's accrual accounting system (Omicron) in the 1989-90 financial year. Recommendations made by Peat Marwick Hungerfords are being implemented. The same company will perform an internal audit during the 1990-91 financial year on the Tribunal's microcomputers.

The Tribunal has successfully operated an accrual accounting system Financial (Omicron) for the entire 1989-90 financial year for its administrative Management expenditure. The Tribunal's salaries expenditure is still, and will con­ tinue to be, run through the Department of Finance, because of the complexity of salaries expenditure.

144 During this financial year, Program Budgetting has been devolved down to the lowest level necessary and Program Managers now accept full responsibility for expenditure and budgetting within their respective program. Tighter budgetary controls were introduced with closer monitoring of staff and administrative costs.

The Tribunal raised its assets threshold from $200 to $1,000 in the 1989-90 financial year. Control over the assets above $1,000 and attractive items below $1,000 is being kept through the Assets Man­ agement Module of Omicron.

In 1989-90, the Tribunal's use of information technology, in the form of microcomputers, continued to increase. The Tribunal now has Information some 99 microcomputers. Systems

The main uses of these machines are:

To hold indexes of textual information, such as submissions to inquiries and minutes of Tribunal decisions.

To support specialised data bases of information about the broad­ casting industry.

To carry out financial, economic, demographic and other statistical analysis.

To manage the handling of Tribunal activities such as complaints.

To manage library holdings and provide access to external online data bases through the Tribunal library.

To support administrative functions such as accounting and assets management.

To facilitate tasks such as wntmg documents, analysing figures, preparing material for publication, and so on.

Hardware standards

The Tribunal has adopted the IBM MCA as a hardware standard, rep­ resented by the IBM PS/2 range of microcomputers.

145 Software standards

The Tribunal uses off-the-shelf software packages for most systems. Standard packages have been adopted for use in word processing (Microsoft Word), spreadsheet work (Microsoft Excel) and data base work (Paradox).

Ownership and control system

The most complex Tribunal data base, which contains information about the ownership and control of broadcasting stations, cannot be handled by a software package. The system, which formerly ran on a mainframe computer at a commercial computer bureau, was redevel­ oped in Cobol as a result of the 1987 changes to the Broadcasting Act and now runs inhouse.

Staffing

The Information Systems Branch of the Tribunal comprises a manag­ er and one other person engaged on microcomputer support. The manager also has responsibility for the support and maintenance of the ownership and control system.

Training

The majority of computer and keyboard trammg is undertaken inhouse. A computer users manual has been completed and distribut­ ed.

The Tribunal is continuing its ongoing program of identifying and Equal eliminating discriminatory practices and introducing measures which Employment will allow women and people in target groups equality of employ­ Opportunity ment opportunity.

Courses aimed specifically at members of the target groups have been offered during the year.

146 As at 30th June 1990, 56 per cent of the Tribunal's total staff were women. The number of women occupying senior management posi­ tions fell from 59 per cent to 40 per cent due to the resignation of two female Tribunal members.

In 1990-91 there will be further development, updating and imple­ mentation of the equal employment opportunity plan.

In accordance with industrial democracy principles, staff and union representation occurs on various Tribunal committees. The Consulta­ Industrial tive Council meets regularly as a continuing formal process of Democracy consultation and negotiation on policy matters affecting staff as Wt".!l as on government policies and progress .

. As part of the educative strategy in our industrial democracy pro­ gram, skills courses such as negouauon, communication, assertiveness and leadership are conducted regularly for staff atten­ dance.

OSI commenced in 1989. All but two branches have completed their workshop sessions. Several proposals have been presented to the Office OSI Steering Committee. It is anticipated that all proposals will be Structures presented by the end of 1990. Implementation

Resources have been allocated to enable implementation of organisa­ tional changes. Resources have also been allocated for training where needs have been identified through the OSI workshops.

After completion of all OSI workshops, participative work design will be an ongoing process for the benefit of staff and the department.

The Tribunal continues to promote and maintain a high degree of health, safety and well-being of all staff through the Occupational Occupational Health and Safety Sub-Committee, aiming to prevent accidents and Health ill-health caused by working conditions. & Safety

Draft agreements on technological change, occupational health and safety and occupational rehabilitation were presented to the staff associations.

147 During 1989-90 attention was given to Quit Smoking courses, pre­ vention of occupational overuse injuries and elimination of sexual harassment. Eye-testing and cardiac health screenings have been car­ ried out. Security measures were upgraded throughout the workplace and first-aid officers and fire wardens have undergone training.

A staff development and training position has been filled permanent­ Staff ly to establish training needs and prepare suitable programs. In Development accord with our staff development strategy, the amount of training &Training being undertaken has been increased to a minimum of six days per year per person.

The Tribunal has become part of a joint agencies training committee in order to pool resources and participate in a joint training and development program. About three courses are conducted each month with particular emphasis on people management and commu­ nication skills.

Computer training has been conducted extensively at the Tribunal over the past year using both inhouse trainers and external consul­ tants.

A bursary scheme has been introduced with the aim of encouraging officers to obtain relevant tertiary qualifications.

The Tribunal formally noted its responsibilities under the Privacy Act Privacy Act 1988 (the Privacy Act) at its meeting held on 13 September 1989 and appointed a Privacy Contact Officer. That officer's principal role is Assistant Director of the Secretariat and Co-ordination Branch. The officer is also the Freedom of Information Co-ordinator.

The Privacy Contact Officer and another senior officer attended a one day seminar, organised by the Privacy Commissioner, to famil­ iarise themselves with the requirements of the Privacy Act. A staff information session was held by the Privacy Contact Officer to out­ line the Tribunal's responsibilities under the Privacy Act. It is intended that further sessions will be held and that information about the Privacy Act will be included in the induction package for new staff.

The Tribunal has provided details of its personal information hold­ ings to the Privacy Commissioner, as required by Information Privacy 148 Principle 5, s.14 of the Privacy Act. The information relating to the Tribunal (and other government agencies) was published by the Pri­ vacy Commissioner in the Personal Information Digest 1989. Details of the Tribunal's personal information holdings, as published in the Digest, are available for inspection at each of the Tribunal's offices.

The Tribunal's holdings of personal information is generally limited to standard personnel material of its employees, including Tax File Numbers, names and addresses contained in the Tribunal mailing lists, and information which forms part of the Tribunal's public inquiry process.

The notes accompanying application forms to exercise a substantive power, which 'includes licence renewals and licence grants, have been amended. They now draw to the attention of applicants that, subject to any claim for restricted access, any personal information contained in the form will be placed on the public record, in accor­ dance with the requirements of the Inquiry Regulations.

No complaints relating to privacy, in terms of the Privacy Act, were received during the year by the Tribunal.

The Auditor-General's Certification of the Tribunal's financial statement appears in Appendix L. Financial Statement

149 150 APPENDICES

151 152 APPENDIX A

MEETINGS ADDRESSED BY TRIBUNAL MEMBERS 1989-90

20.7.89 The Chairman addressed the Advertising Club.

3.8.89 The Chairman addressed the National Press Club in Canberra.

23.10.89 The Chairman addressed the Probus Club at Pymble Golf Club.

24.10.89 The Chairman addressed the Senior Staff Convention held by Mr Evans, Secretary of the Department of Transport and Communications.

30.10.89 The Chairman addressed, and the Vice-Chairman attended, the Television and Radio Industry Conference.

27.11.89 The Chairman addressed the Prompters group.

6.12.89 Mr Wilson addressed the Children's Television Workshop organised by FACTS.

9.4.90 The Vice-Chairman addressed a post graduate seminar at Macquarie University.

17.S.90 The Chairman addressed the University of New South Wales Law Society.

31.S.90 The Chairman addressed the University of Sydney Labor Club.

4.6.90 Mr Wilson addressed law students at the University of Technology, Sydney.

153 APPENDIXB

MEETINGS OF TIIE 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.

The official minutes of Tribunal meetings and records of meetings with outside bodies are available for inspection (subject to certain conditions) in each of the Tribunal's offices, in the Department of Transport and Communications library in Canberra, the State Reference Library in Darwin and the State Library of Tasmania in Hobart.

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 Broad­ casting Act and also with representatives of the industry bodies, as has been its normal practice.

Meetings are arranged and conducted in accordance with the practices set out in 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) 3.7.89 Federation of Australian Commercial Television Stations (FACTS) 4.7.89 Progressive Radio Association 7.7.89

Media and Communications Council (MACC) 2.8.89 Victorian Commercial Radio Licensees and FARB 9.8.89 Victorian and Tasmanian Commercial Television Licensees. 9.8.89 Victorian and Tasmanian Public Radio Licensees 10.8.89 Tasmanian Commercial Radio Licensees and FARB 10.8.89 Victorian Film and Television Production Industry 10.8.89 Prime Television 17.8.89 Australian Television Network 21.8.89 Northern Rivers Television Ltd 25.8.89

Advertising Federation of Australia (AFA) 16.10.89 Network TEN 17.10.89 Australian Association of National Advertisers 24.10.89 Australian Television Network 25 .10.89 NSW Film and Television Production Industry 26.10.89 NSW and ACT Commercial Television Licensees 26.10.89 NSW and ACT Public Radio Licensees 27.10.89 154 NSW and ACT Commercial Radio Licensees 31.10.89

MACC 8.11.89 Australian Television Network and Banks - Qintex 21.11.89 Mr David Crawford - Qintex Receiver 22.11.89 FACTS 15.11.89 FARB 15.11.89 Public Broadcasting Association of Australia (PBAA) 23.11.89

Radio and Music Industries 1.12.89

FARB 12.2.90 MACC 21.2.90 FARB 26.2.90

AFA 9.3.90 FACTS 13.3.90

Mr David Crawford 5.4.90 Advertising Standards Council 9.4.90 PBAA 27.4.90

MACC 23.5.90

155 APPENDIXC

PUBLIC INQUIRY REPORTS PUBLISHED DURING 1989/90

Reports are ranked state by state and alphabetically in call sign order, where appropriate. Metropolitan licences are ranked ahead of regional licences.

FILE NO. TITLE REPORT DATE

90/20/IO TEN, CTC, A1V, TNQ, QQQ, ADS, NEW Northern Star 12/3/90 Holdings Ltd/Westfield Capital Corporation Ltd, Daily Mail & General Trust Plc, Associated Newspapers North America Inc, - Share Transaction

89/191/IO TEN,CTC,A1V,1VQ,ADS,NEW - Northern Star Facilities 14/12/89 Pty Ltd /Decani Pty Ltd, Auron Ltd - Share Transaction

89/202/IO TEN, CTC, A'TV, 1VQ, ADS, NEW - Cardera Holdings 13/12/89 Pty Ltd/Franley Securities Pty Ltd/Connate Pty Ltd/ Franley Holdings Ltd - Share Transaction

89/152/IO BKN, GTS - JM Sturrock Pty Ltd/Spencer Gulf Telecasters 5/9/89 - Share Transaction

90/28/IO BKN, GTS - Broken Hill Television Ltd/Spencer Gulf Telecasters 1/6/90 - Share Transaction

89/163/IL BKN, GTS, RTS, SES, 5DN, 5MU - South East Telecasters Ltd/ 4/6/90 Scotts Agencies - Share Transaction

89/155/IO CBN, CWN, NEN, 2AD, 2MO, 2RE, 2TM, 4WK - 18/9/89 Carillon Development Ltd, Broadcast Amalgamated Ltd/ New England Broadcasters Pty Ltd - Share Transaction

88/128/IO CBN, CWN, 2GZ - Roslyndale Securities Pty Ltd/ 24/8/89 Country Television Services Ltd - Share Transaction

90/10/IO CBN, NEN - Ramcorp Ltd/Portfolio Services (Nominees) Pty Ltd 2/2/90 - Share Transaction

89/174/IO MTN, 2DU, 2MG, 2PK, 2RG- Linter Group - Share Transaction 6/10/89

89/1/IO NBN Newcastle - NBN Enterprises Pty Ltd - Share Transaction 12/7/89

156 FILE NO. TITI.E REPORT DATE

88/162/IO NBN Newcastle - State Authorities Superannuation Board/ 31/8/89 Fulcrum Capital Corporation Ltd - Share Transaction

89/89/IL NEN Upper Namoi - Licence Revocation 16/3/90

89/200/IO NEN, 2AD, 2MO, 2RE, 2TM, 4WK - Broadcast Amalgamated 25/1/90 Pty Ltd/Carillon Pty Ltd/ Groroleigh Pty Ltd - Share Transaction

89/153/IO NRN, RTN,TVQ,DDQ,SDQ-Aspermont Ltd/ 18/9/89 Darling Downs TV Ltd - Share Transaction

90/1/IO NRN, RTN, DDQ, SDQ, NEW - Darling Downs TV Ltd/ 25/1/90 Aspermont Ltd - Share Transaction

89/53/IL BCV Bendigo - Licence Renewal 26/10/89

89/17/IO BCV, GLV - ANZ Banking Group Ltd/Victorian Broadcasting 31/10/89 Network Pty Ltd - Loan Interest

89/178/IO BCV, GLV - Tricom Corporation Ltd/ Swan Television 26/10/89 & Radio Broadcasters Pty Ltd - Share Transaction

89/27/IO BCV, GLV, TNT - Tricom Corp Ltd/Stradis Pty Ltd, 25/1/90 Anstruther Holdings Pty Ltd, Barclay Investment Pty Ltd, Twenty Third Myth Pty Ltd - Share Transaction

89/120/IO BCV, GLV, TNT- Techam Ltd/Morgan Schiff- Share Transaction 31/7/89

90/23/IO BCV, GLV ,TNT - Techam Corp Ltd/ 6/2/90 Morgan Schiff Pty Ltd - Share Transaction

89/26/IO BCV, STV ,TVT - ENT Ltd/Commercial Union Company of 13/12/89 Australia Ltd, National Mutual Life Association of Australasia Ltd, DJ Rouse - Share Transaction

89/192/IO BCV, STV ,TVT - ENT Ltd/Commercial Union Company of 13/12/89 Australia Ltd, National Mutual Life Association of Australasia Ltd, D] Rouse - Share Transaction

89/49/IL GLV Gippsland - Licence Renewal 26/10/89

157 FILE NO. TITLE REPORT DATE

88/163/10 GMV, VfV, 3GG, 3SR- HJ Nicholas/ Associated Broadcasting 14/11/89 Services Pty Ltd - Share Transaction

90/69/IO RTV, STV, TVT - National Mutual Life Association 19/4/90 of Australia/ENT Ltd - Share Transaction

89/68/IL ITQ Mount Isa - Licence Renewal 20/12/89

89/149/IO QQQ, TNQ - Gleeson Properties Pty Ltd/Telecasters North 18/9/89 Queensland Ltd - Share Transaction

89/131/IO TNQ - Ancona Pty Ltd /Telecasters North Queensland Ltd 16/8/89 - Share Transaction

87/60/IL ADS Adelaide - Licence Renewal 18/8/89

89/14/IL RTS Renmark - Loxton - Licence Renewal 8/8/89

89/6/IL BTW Bunbury - Licence Renewal 19/3/90

88/55/10 BTW, GSW, GTW, YEW, WAW, 6CI, 6NA, 6TZ- 6/11/90 Geraldton Telecasters Ltd/135 Nominees, Golden West Network Ltd, BDC Investment Australian Capital Equity Pty Ltd/Golden West Network Ltd - Share Transaction

89/5/IL GSW Southern Agricultural- Licence Renewal 19/3/90

89/179/IL GTW Geraldton - Licence Renewal 19/3/90

89/4/IL YEW Kalgoorlie - Licence Renewal 19/3/90

88/126/IL TVT Hobart - Licence Renewal 27/7/89

89/123/10 TVT - ENT Enterprises/Tasmanian Television Ltd 2719189 - Share Transaction

88/146/IO TVT, TNT, 7HT, 7EX- Tricom Investments Pty Ltd/ENT Ltd 10/4/90 - Share Transaction

88/151/IL TNT North East Tasmania - Licence Renewal 31/7/89

158 Fii.ENO. REPORT DATE

88/123/IO TNT - Tricom Television (Tasmania) Pty Ltd Northern Television 19/4/90 (1NT9)Ltd - Share Transaction

89/133/IL 2CH Sydney - Licence Renewal 2/5/90

89/150/IO 2DAY, 2CA, 2ROC, 3FOX, 4BBB, 5SSA, 6GL - SA Brewing 13/12/89 Holdings Ltd, Coopers Brewery Ltd/Austereo - Share Transaction

89/157/IO 2DAY, 2CA, 2ROC, 3FOX, 4BBB, 5SSA- State Government 5/9/89 Insurance Commission - Share Transaction

89/125/IO 2DAY, 2CA, 3FOX, 4BBB, 5SSA, 6GL, 6BY, 6WB - 25/1/90 Production Investment Pty Ltd/SA Brewing Holdings Ltd, Coopers Brewery/Austereo Ltd - Share Transaction

90/22/IO 2GB - Harbour Radio Ltd I Sonance 29/2/90 Group Companies - Share Transaction

89/194/IO 2GB - Macquarie Broadcasting/Cruze Ltd - Licence Transfer 20/11/89

89/134/IL 2GB Sydney - Licence Renewal 17/5/90

89/203/IO 2GB, 2CA, 2ROC, 4BH, 5DN - Sonance Group Companies 13/12/89 - Share Transaction

89/135/IL 2KY Sydney - Licence Renewal 2/5/90

89/183/IO 2MMM, 2EC, 3MMM, 4MMM, 4GGG, 5AD, 5SE, 6NOW 26/10/89 - Hoyts Group- Share Transaction.

88/167/IL 2UW Sydney - Licence Renewal 28/8/89

89/156/IO 2UW, 2CC, 2KIX, 3TT, 4RO, 4GR - Albert Investments Pty Ltd/ 6/11/89 Australian Broadcasting Co.Pty Ltd - Share Transaction

88/166/IL 2SM Sydney - Licence Renewal 27 /7/89

89/173/IO 2WS, 2AY, 2GO, 2GN, 2KO, 3MP, 3BO, 4KQ, 4CA, 4CC, 4MK, 14/12/89 4TO, 5KA, 6KY - Shepparton Broadcasting Services Pty Ltd/ Wesgo Pty Ltd - Share Transaction

89/124/IL Sydney- RPH Public FM Licence Grant 30/3/90

159 FILE NO. TITLE REPORT DATE

89/58/IL Parrarnatta- Public Radio Licence Grant 20/10/89

89/171/IO 2AD Arrnidale - Marinya Media Pty Ltd - Share Transaction 28/9/89

89/30/IL 2BH Broken Hill - Licence Renewal 24/8/89

90/56/IO 2BH - John Clifford Curtis & David G Tunkin/Far West Radio 2/4/90 Pty Ltd - Share Transaction

89/169/IL 2BS Bathurst - Licence Renewal 31/5/90

88/58/IO 2CA, 2ROC - Macquarie Broadcasting Holdings - Licence Transfer 20/7/89

89/78/IL 2CS Coffs Harbour - Licence Renewal 19/9/89

89/165/IO 2DU, 2MG, 2PK - Broadcast Operations Ltd/Western Broadcasters 19/9/89 Pty Ltd - Share Transaction

90/58/IO 2EC Bega - Zarnopress Pcy Ltd - Licence Transfer 17/4/90

89/161/IL 2GO Central Coast NSW - Licence Renewal 30/1/90

90/31/IO 2GZ - Country TV Services Ltd/Ayrnjit Pty Ltd 28/2/90 - Licence Transfer

90/25 /IO 2GZ, 4RR- Roslyndale Securities/Country TV Services 9/2/90 - Share Transaction

89/122/IO 2LT - Mid West Radio Network/Mid West Radio (2LT) 5/7/89 - Share Transaction

89/129/IO 2MC - Whoto Pty Ltd/Mid Coast Broadcasters - Share Transaction 18/1/90

89/112/IO 2NM/Aliforrn Pty Ltd/Hunter Broadcasters - Licence Transfers 10/7/89

89/137/IO 2NM, 3BA/Radio Hunter Valley Pty Ltd, Radio Ballarat 22/5/90 Pty Ltd/Christina Grant Investments, JM Cameron - Share Transaction

89/33/IL 2QN Deniliquin - Licence Renewal 30/9/89

89/139/IO 2RG - Griffith /Stylore Pty Ltd - Licence Transfer 12/10/89

160 FILE NO. TITI.E REPORT DATE

89/162/IL 2SSS - Canberra - Licence Renewal 5/6/90

88/42/IL 2ST /South Coast & Tablelands Broadcasting 21/7/89 - Local Program Variation

89/32/IL 2WG Wagga Wagga - Licence Renewal 28/7/89

89/43/IO 2WL- Cyndell Pty Ltd/Associated Communication Enterprises 11/12/89 Pty Ltd - Share Transaction

88/119/IL Lismore - Commercial FM Radio Licence Grant 18/12/89

89/63/IL Maclean - Public Radio Licence Grant 20/4/90

89/59/IL Nowra - Public Radio Licence Grant 19/1/90

89/75/IL Nowra - Commercial FM/Supplementary Radio Licence Grant 11/5/90

88/109/IL 3AK Melbourne - Licence Renewal 2/8/89

87/137/IO 3UZ - Melbourne - Radio 3UZ Pty Ltd/Victorian racing industry 6/10/89

88/133/IO 3XY - Broadcasting Station 2SM Pty Ltd - Share Transaction 16/5/90

89/151/IO 3XY- Radio 3XY Pty Ltd/Broadcasting Station 2SM Pty Ltd 16/5/90 - Share Transfer

89/196/IL Melbourne - 8 Public FM Radio Stations Licence Grant 14/5/90

89/126/IL Melbourne - RPH Public FM Licence Grant 30/3/90

89/138/IO 3BA Ballarat - Bonowa Pty Ltd - Licence Transfer 14/9/89

89/41/IL 3BO Bendigo - Licence Renewal 16/8/89

89/50/IL 3CS Colac - Licence Renewal 3/10/89

88/43/IL 3CV Maryborough - Licence Renewal 21/7/89

88/195/IO 3CV - Maryborough - Central Victorian Radio Pty Ltd/ 15/8/89 Fobike Pty Ltd- Share Transaction

161 Fii.ENO. TI1LE REPORT DATE

89/42/IL .3MA Mildura - Licence Renewal 18/8/89

89/115/IO 3MA - Colin Grant McLeod/Taler Pty Ltd - Share Transaction 25/7/89

89/47/IL 3MBR Murrayville - Licence Renewal 23/8/89

89/52/IL 3NE Wangaratta - Licence Renewal 18/10/89

89/193/IO 3NE Wangaratta - Regional Media Investments/Sonenco 13/12/89 (No 49) Pty Ltd, North East Broadcasters Pty Ltd - Share Transaction

89/2/IO 3TR Sale - Victorian Broadcasting Network Tricom Radio 15/1/90 - Licence Transfer

89/38/IL 3WM Horsham - Licence Renewal 28/9/89

89/91/IL 3YB Warrnambool- Licence Renewal 13/12/89

89/132/IL Warrnambool - Public Radio Licence Grant 17 /1/90

89/172/IO 4BH - Vonstead Ltd/Macquarie B'casting Holdings 3/10/89 - Licence Transfer

89/82/IL Brisbane - Public Radio (Special Purpose) Licence Grant 22/3/90

89/69/IL 4CA Cairns - Licence Renewal 4/9/89

89/101/IL 4BU Bundaberg - Licence Renewal 18/8/89

89/35/IL 4CCR Cairns - Licence Renewal 9/1/90

89/105/IL 4DDB Toowoomba - Licence Renewal 2/3/90

88/70/IL 4GC Nth Queensland B'casting Corp Pty Ltd - 99A Application 14/8/89

89/67/IL 4GC Charters Towers - Licence Renewal 5/9/89

89/199/IL 4HI Emerald - Licence Renewal 13/6/90

88/165/IO 4LG, 4HI - Queensland Regional Broadcasting Pty Ltd/ 13/6/90 Portlook Pty Ltd - Share Transaction

162 FILE NO. TITLE REPORT DATE

89/70/IL 4LM Mount Isa - Licence Renewal 14/8/89

89/103/IL 4MB Maryborough - Licence Renewal 18/8/89

89/64/IL 4MK Mackay- Licence Renewal 18/8/89

89/154/IO 4ZR Roma- Maranoa Broadcasting Company Ltd/ 5/9/89 G J.McVean - Share Transaction

89/167/IO 4ZR-A T Berry/G J McVean/Maronoa Broadcasting Co Ltd 28/9/89 - Share Transaction

89/37/IL Caboolture - Public Radio Licence Grant 1/9/89

88/124/IL Townsville - Commercial FM Radio - Licence Grant 25/8/89

89/130/IL Brisbane - RPH Public Radio Licence Grant 30/3/90

89/13/IL 5AA Adelaide - Licence Renewal 28/7/89

88/227/IL 5EBI Adelaide - Licence Renewal 6!6190

88/228/IL 5MMM Adelaide - Licence Renewal 5/1/90

89/61/IL 5PBA Salisbury- Licence Renewal 27/7/89

88/226/IL 5UV Adelaide - Licence Renewal 11/9/89

89/128/IL Adelaide - Public Radio Licence Grant 19/6/90

88/92/IL 5AU - Port Augusta - Licence Renewal 716190

90/21/IL 5GTR Mount Gambier - Licence Renewal 29/5/90

88/150/IO 5KKA - Amalgamated Holdings Ltd - Share Transaction 20/12/89

88/225/IL 5RRR Woomera - Licence Renewal 15/8/89

89/11/IL 5SE Mt Gambier - Licence Renewal 29/9/89

89/28/IL 6KY Perth - Licence Renewal 10/10/89

163 FILE NO. TITLE REPORT DATE

88/105/IL 6NR Perth - (Interim) Licence Renewal 25/8/89

88/116/IL 6UVS Perth- Licence Renewal 31/7/89

88/138/IO 6BY,6WB - Albany Broadcasters Ltd - Licence Transfer 27/11/89

89/107/IL 6LN Carnarvon - Licence Renewal 25/1/90

90/59/IO 6LN - Carnarvon Commercial Broadcasters Pty Ltd/ 2/5/9 Dorset Nominees Pty Ltd- Share Transaction

89/18/IL 6MD Merredin - Licence Renewal 22/1/90

89/201/IO 6MM - West Coast Radio Pty Ltd/IH&E Bassett Scarfe 12/12/89 - Share Transaction

90/2/IO 6MM - IH & E Bassett-Scarfe/West Coast Radio Pty Ltd 12/12/89 - Share Transaction

89/184/IL 6SE - Esperance - Licence Renewal 15/3/90

89/54/IO 6VA - The Bell Group Ltd/State Gover runent 11/12/89 Insurance Commission WA - Share Transaction

89/87/IL Albany - Commercial FM Radio Licence Grant 19/6/90

88/78and93/IL Geraldton - Commercial FM/Supplementary Radio 22/6/90

89/40/IL Port Hedland - Public Radio 16/1/90

88/193/IL 7EX Launceston - Licence Renewal 13/12/89

88/192/IL 7LA Launceston - Licence Renewal 18/7/89

88/194/IL 7LTN Launceston - Licence Renewal 1/11/89

89/62/IL 7RGY Geeveston - Licence Renewal 10/10/89

88/191/IL 7WAY Launceston - Licence Renewal 1/11/89

88/75/IL Hobart - Commercial FM Radio Licence Grant 17/8/89

164 FILE NO. TI11..E REPORT DATE

89/57/IL Burnie/Devenport - Public Radio Licence Grant 2/3/90

88/117/IL SKIN Alice Springs - Licence Renewal 20/9/89

88/206/IL Darwin - Commercial FM Radio Licence Grant 29/11/89

88/41/IL Central Region - Remote Radio Licence Grant 14/7/89

90/13/IL Application to grant a community 1V licence 13/2/90

86/11/IP Programs Inquiry - Australian Content 23/11/89

87/4/IP Programs Inquiry - Children's Standards 23/11/89

88/208/IP Programs Inquiry - Violence 25/5/90

88/212/IP Programs Inquiry - Betting and Gambling 28/7/89

89/208/IP Programs Inquiry - Vary CTS 3 (NTD8) 19/12/89

89/114/IP Programs Inquiry - Time Zone Differences 23/10/89

90/11/IP Programs Inquiry - Vary CTS 3 (Imparja) 19/1/90

90/94/IP Programs Inquiry - Amend P Classification 29/6/90

90/51/IO Rothwells Ltd - Cancellation as a Registered Lender 5/3/90

165 APPENDIXD

NEWS RELEASES ISSUED DURING 1989-90

Number Date Subject

NR 32/1989 14/7/1989 PUBLIC RADIO FINANCIAL RESULTS FOR 1987-88

NR 33/1989 16/7/1989 NEW TELEVISION STANDARD WILL GIVE THE PUBLIC WHAT THEY WANT TO SEE, SAYS TRIBUNAL CHAIRMAN

NR 34/1989 17/7/1989 AUSTRALIAN BROADCASTING TRIBUNAL GRANTS LICENCE FOR COMMERCIAL RADIO BY SATELLITE TO NORTHERN TERRITORY AND SOUTH AUSTRALIA

NR 35/1989 29/7/1989 COMMUNITY ATTITUDES TO TELEVISION VIOLENCE

NR 36/1989 31/7/1989 NO NEW RULES FOR BETTING AND GAMBLING ADVER- TISEMENTS

NR 37/1989 31/7/1989 AUSTRALIAN BROADCASTING TRIBUNAL PLACES CONDI- TION ON SAA LICENCE

NR 38/1989 2/8/1989 BRISBANE PUBLIC RADIO LICENCE CONFERENCE COM- MENCES

NR 39/1989 16/8/1989 VIOLENCE ON TELEVISION PUBLIC CONFERENCES TO COMMENCE IN BRISBANE

NR 40/1989 21/8/1989 VIOLENCE ON TELEVISION PUBLIC CONFERENCES TO BE HELD IN MELBOURNE

NR 41/1989 21/8/1989 TRIBUNAL GRANTS COMMERCIAL FM RADIO LICENCE TO SERVE HOBART AND SOUTHERN TASMANIA

NR 42/1989 28/8/1989 VIOLENCE ON TELEVISION PUBLIC CONFERENCES TO BE VIDEO-LINKED TO TRIBUNAL

NR 43/1989 29/8/1989 TRIBUNAL DECIDES NOT TO GRANT NEW FM LICENCE FOR TOWNSVILLE

NR 44/1989 31/8/1989 VIOLENCE ON TELEVISION PUBLIC CONFERENCES TO BE VIDEO-LINKED TO TRIBUNAL

166 NR 45/1989 12/9/1989 VIOLENCE ON TELEVISION PUBLIC CONFERENCES TO CONCLUDE IN SYDNEY

NR 46/1989 13/9/1989 TRIBUNAL CONSIDERING IMPLICATIONS OF FEDERAL COURT DECISION

NR 47/1989 18/9/1989 TRIBUNAL ANNOUNCES CERTAINTY TEST FOR AUSTRALIAN CONTENT

NR 48/1989 22/8/1989 TV ADS TRIAL PERIOD ENDS

NR 49/1989 15/10/1989 TRIBUNAL OFFERED TV VIOLENCE CODE

NR 50/1989 18/10/1989 AUSTRALIAN CONTENT INQUIRY CONFERENCE

NR 51/1989 26/10/1989 FINANCIAL CAPABILITY OF TELEVISION NE1WORKS

NR 52/1989 6/11/1989 BROADCASTING TRIBUNAL RELEASES FINAL DRAFT OF AUSTRALIAN CONTENT STANDARD

NR 53/1989 20/11/1989 BROADCASTING TRIBUNAL RELEASES RESEARCH ON ADVERTISING TIME ON TELEVISION

NR 54/1989 28/11/89 BROADCASTING TRIBUNAL ANNOUNCES NEW TELEVI­ SION STANDARDS FOR AUSTRALIAN CONTENT AND CHILDREN'S TELEVISION

NR 55/1989 4/12/89 BROADCASTING TRIBUNAL GRANTS FM LICENCE FOR DARWIN

NR 56/1989 20/12/89 BROADCASTING TRIBUNAL GRANTS FM RADIO LICENCE FOR LISMORE AREA

NR 1/1990 24/1/90 BROADCASTING TRIBUNAL GRANTS PUBLIC RADIO LICENCE FOR NOWRA AREA

NR 2/1990 26/1/90 AUSTRALIAN BROADCASTING TRIBUNAL DESIGNATES BRISBANE PUBLIC RADIO LICENCE AS 'SPECIAL INTEREST (ABORIGINAL)'

NR 3/1990 8/3/90 AUSTRALIAN BROADCASTING TRIBUNAL GRANTS COMMUNITY FM RADIO LICENCE FOR NORTH WEST COAST OF TASMANIA

167 NR 4/1990 24/4/90 AUSTRALIAN BROADCASTING TRIBUNAL GRANTS COMMUNI1Y FM RADIO LICENCE FOR MACLEAN, NSW

NR 5/1990 24/4/90 LICENCES TO BE GRANTED FOR RADIO FOR THE PRINT HANDICAPPED SERVICES IN SYDNEY, MELBOURNE AND BRISBANE

NR 6/1990 3/5/90 REGIONAL RADIO SERVICES UNDER REVIEW

NR 7/1990 2/5/90 INQUIRY INTO THE GRANT OF A COMMERCIAL FM RADIO SERVICE WAGGA AND SURROUNDING AREAS

NR 8/1990 4/5/90 TRIBUNAL RENEWS LICENCES FOR SYDNEY COMMERCIAL RADIO STATIONS 2KY AND 2CH

NR 9/1990 16/5/90 TRIBUNAL GRANTS SUPPLEMENTARY LICENCE TO 2ST NOWRA

NR 10/1990 18/5/90 INQUIRY INTO NEW ETHNIC RADIO LICENCE FOR SYDNEY

NR 11/1990 21/5/90 TELEVISION INDUSTRY POSTS FIRST LOSS SINCE 1957-58

NR 12/1990 23/5/90 COMMERCIAL RADIO PROFITABILITY FALLS 58% IN 1988-89

NR 13/1990 24/5/90 A CENTURY FOR PUBLIC RADIO

NR 14/1990 24/5/90 TRIBUNAL AMENDS TELEVISION STANDARD FOR AUSTRALIAN CONTENT

NR 15/1990 29/5/90 TRIBUNAL INQUIRY INTO GOULBURN PUBLIC RADIO STATION TO CONTINUE

NR16/1990 30/5/90 TRIBUNAL PROPOSES SELF REGULATORY CODE FOR TV VIOLENCE

NR17/1990 8/6/90 TRIBUNAL PLACES CONDITIONS ON CANBERRA PUBLIC RADIO LICENCE

NR18/1990 8/6/90 SEVEN NETWORK RECEIVERSHIP

NR19/1990 13/6/90 PUBLIC RADIO FINANCIAL RESULTS

168 NR20/1990 18/6/90 TRIBUNAL RESUMES INQUIRY INTO 2GCR GOULBURN

NR21/1990 20/6/90 TRIBUNAL DECIDES NOT TO GRANT FM LICENCE TO SERVE ALBANY

NR22/1990 25/6/90 COMMERCIAL FM RADIO LICENCE FOR GERALDTON, W.A.

NR23/1990 26/6/90 ADELAIDE PRINT HANDICAPPED TO GET NEW RADIO SERVICE

NR24/1990 28/6/90 TRIBUNAL TO HOLD PUBLIC HEARING INTO SALE OF 3AK

169 APPENDIXE

SUMMARY OF COMPLAINTS

The following is a summary of complaints received by the Tribunal and the major areas of concern for complainants.

%ofall TELEVISION Numbe.r television

Comments (other than complaints) - about aspects of television 635 33.62 outstanding 16 0.85

Major areas of concern - content of television advertisements generally 176 9.32 program classification 154 8.15

Complaints referred to industry for comment - found in breach. 4 .21 no breach found. 91 4.82 outstanding. 87 4.61

Complaints referred to industry for information - no breach found 957 50.66 outstanding 99 5.24

TOTAL 1889 100.00

Major areas of concern - content of television advertisements generally 278 14.71 program classification 280 14.80 program scheduling arrangements 129 6.83

% of all commercial COMMEROAL RADIO Number radio

Comments (other than complaints). 133 35.47 outstanding at 30 June 1990 2 ,53

Major areas of concern - alleged breaches of the Broadcasting Act 28 7.47 offensive matter (eg bad taste) 28 7.47

170 CompJaints referred to industry for comment- found in breach 1 .27 no breach found 42 11.20 outstanding 38 10.13

CompJaints referred to industry for information - no breach found 139 37.07 outstanding 20 5.33

TOTAL 375 100.00

Major areas of concern - alleged breaches of the Broadcasting Act 46 12.27 prohibited matter (RPS2-3) 77 20.53 offensive matter (eg bad taste) 36 9.60

% of all PUBLIC RADIO Number public radio

Comments (other than complaints) - 21 26.92 outstanding 1 1.28

Major area of concern - alleged breaches of the Broadcasting Act 7 8.97

CompJaints referred to industry for comment - no breach found 13 16.67 outstanding 26 33.33

CompJaints referred to industry for information - no breach found 13 16.67 outstanding 4 5.13

TOTAL 78 100.00

Major areas of concern - alleged breaches of the Broadcasting Act 31 39.74 sponsorship announcements 9 11.54

This is a summary. A full list of the complaints by type is available from the Tribunal. A more detailed summary is included in "Broadcasting in Australia: 1990".

171 APPENDIXF

REPORT TO THE TRIBUNAL BY THE CHIIDREN'S PROGRAM COMMITTEE

The Children's Program Committee endeavours to encourage quality and diversity in chil­ dren's programming. The Committee emphasises its objective that children of all ages 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 within its monthly meetings, the Commit­ tee met with children's program producers and representatives of the commercial networks and the Screen Production Association of Australia to discuss applications for program classification in relation to the CTS criteria. These meetings were held both during sched­ uled meetings and outside these times and provided the opportunity for detailed analysis and discussion of specific programs to take place. The Committee also provided a number of applicants with informal feedback on programs which were at the concept stage.

In addition, members represented the Children's Program Committee at meetings of the Australian Writers Guild and the Commercial Acceptance Division of FACTS.

The Committee hosted a function at the State Government Centre in Adelaide on 6 July 1989. The function was attended by representatives from Adelaide commercial television stations, ABC-TV Adelaide, the SA Film Corporation, the SA Film and Video Centre, the Film Television and Radio School, the SA Council for Children's Film and Television and the SA Education Department. This forum provided an opportunity for informal discussion on a range of issues relating to children's television and the work of the CPC.

The Committee continued to have a significant input into the Tribunal's Children's Televi­ sion Standards and Australian Content on Commercial Television Inquiries. Members also discussed the issue of children and television violence and forwarded a detailed statement and recommendations for consideration by the Tribunal during its Violence on Television Inquiry. Input was also given to the Tribunal on its Review of Advertising Time on Televi­ sion.

In the light of the determination of the Children's Television Standards, the Committee also recommended revisions to the Tribunal's Form ABT 62: Application/Assessment for C and P Program Classification and Practice Note PRN 01: Information For Submitters For C And P Classification.

The Committee devoted its March 1990 and much of its April meeting to the question of assessment of preschool programs. To assist in this task, the Committee met with two con­ sultants to discuss current issues in the learning and development stages and education curriculum for preschool age children. To date, seven applications for a P classification have been received and are under assessment.

172 The Committee held ten meetings during the year. One meeting was cancelled due to the airline strike. Upon request from the Tribunal, the Committee also reviewed its activities and implemented strategies for financial savings this year.

The assessment workload of the Committee remained heavy and included the assessment of seven preschool programs for the first time. This year the Committee considered 105 applications and recommended that 28 be classified C, 10 be classified Provisional C, and eight be classified C Australian Drama. Classification was refused to 52 applications. The final recommendations for the preschool programs were deferred. A list of programs classi­ fied C or C Australian Drama in this period appears in Appendix G.

173 APPENDIXG

PROGRAMS CLASSIFIED C OR C AUSTRALIAN DRAMA 1989-90

(") denotes Australian Program (R) denotes Renewal

TITI.E SUBMIT(ED BY The Water Trolley (") National Nine Network I Own The Racecourse (") Australian Television Network The Eileen Joyce Story(") The Australian Children's Television Foundation

0 Haydaze ( ) Barron Films Ltd Bushfire Moon (•) Network Ten Australia Elly and Jools (") Southern Star Sullivan Productions Rarg Network Ten Australia The Sun on the Stubble (") Film Australia Pty Ltd Space Knights South Pacific Pictures Ltd Winnie the Pooh Australian Television Network Double Dare Series 3 (") Network Ten Australia The Ghost of Faffner Hall Network Ten Australia Children's Ward RA.Becker & Company Pty Ltd Standby Its Found Objects (") NWS-9 Adelaide Its Your Twentieth Anniversary Charlie Brown National Nine network Muppet Babies Series 4 Network Ten Australia Double Dare Series 4 (") Network Ten Australia Wonderworks - Australian Television Network Bridge To Teribithia Hiroshima Maiden Gryphon How To Be A Perfect Person in Just Three Days

The Mouse Factory (R) Australian Television Network Huckleberry Finn and Friends (R) Australian Television Network A Different Twist (") (R) National Nine Network Dot and the Kangaroo (") (R) National Nine Network

174 Dot and the Bunny (*) (R) National Nine Network The Curiosity Show (*) (R) NWS-9 Adelaide A Christmas Carol (R) Australian Televisio Network The Tripods Series 1 (R) Australian Television Network The Tom Foolery Show (R) Australian Television Network Black Beauty (R) Australian Television Network Danny's Egg(*) (R) National Nine Network The Henderson Kids (*) (R) Network Ten Australia Electric Eskimo (R) Australian Council for Children's Film and Television Sammy's Supe1 T-Shirt (R) Australian Council for Children's Film and Television Sky Pirates (R) Australian Council for Children's Film and Television Fern, The Red Deer (R) Australian Council for Children's Film and Television

175 APPENDIXH

UCENCE CONVERSIONS

The following list details the stations and related translators whose licences were convert­ ed to new system licences during 1989-90, together with the call sign for each service which now appears on the licence.

Commercial Radio 2GZ Orange 2MC Kempsey 2VM Moree 3AK Melbourne 3AW Melbourne 3FOX Melbourne 3KKZ Melbourne 3MMM Melbourne 3MP Melbourne 3TIT Melbourne (3TT at time of conversion) 3UZ Melbourne 3XY Melbourne 3BO Bendigo SHA Alice Springs

Public Radio 2BCR Sydney 2RES Sydney 2RSR Sydney 2AAA Wagga Wagga 2BBB Bellingen and related translator station at Darrigo. 2CHY Coffs Harbour 2EAR Moruya and related translator station at Narooma. 2GLA Great Lakes 2MCE Bathurst and related translator station at range. 2NCR Lismore 2VOX Wollongong 2VTR Windsor-Colo 2WKT Bowral 3CR Melbourne (formerly a commercial broadcasting station licence) 3MBS Melbourne 3PBS Melbourne 3RRR Melbourne 3RPP Mornington 3WRB Western Suburbs, Melbourne

176 3RPC Portland 4CCR Cairns 4TIT Townsville 5GTR Mount Gambier 6NR Perth 6UVS Perth 7LTN Launceston 7WAY Launceston

Related translator stations were those for which licences were held by the licensee of the station which provided the service to the translator. These former translator stations are now additional transmitters whose technical specifications, together with those of the origi­ nating transmitter, are included in the licence warrant for the service.

177 APPENDIX I

LICENCE GRANfS AND RENEWAL REPORTS PUBLISHED DURING 1989/90

Licence Grants

Report no. Title Date of Report

89/58/IL PARRAMATIA - PUBLIC RADIO 20/10/89 89/124/IL SYDNEY - RPH PUBLIC RADIO 30/3/90 88/119/IL LISMORE - COMMERCIAL FM RADIO 18/12/89 89/63/IL MACLEAN - PUBLIC RADIO 20/4/90 89/75/IL NOWRA - COMMERCIAL FM /SUPPLEMENTARY RADIO 11/5/89 89/59/IL NOWRA- PUBLIC RADIO 19/1/90 89/196/IL MELBOURNE - 8 PUBLIC RADIO 14/5/90 89/126/IL MELBOURNE - RPH PUBLIC RADIO 30/3/90 89/132/IL WARRNAMBOOL - PUBLIC RADIO 17/1/90 89/82/IL BRISBANE - PUBLIC RADIO (SPECIAL PURPOSE) 22/2/90 89/130/IL BRISBANE - RPH PUBLIC RADIO 30/3/90 89/37/IL CABOOLTURE - PUBLIC RADIO 1/9/89 88/124/ IL TOWNSVILLE - COMMERCIAL FM RADIO 25/ 8/89 89/128/IL ADELAIDE - PUBLIC RADIO 19/6/90 89/87/IL ALBANY - COMMERCIAL FM RADIO 19/6/90 88/78and93/IL GERALDTON - COMMERICAL FM/ SUPPLEMENTARY RADIO 22/6/90 . 89/40/IL PORT HEDLAND - PUBLIC RADIO 16/1/90 88/75/IL HOBART - COMMERCIAL FM RADIO 17/8/89 89/57/IL NORTH-WEST TASMANIA - PUBLIC RADIO 2/3/90 88/206/ IL DARWIN - COMMERICAL FM RADIO 29/11/89 87/49/IL ALICE SPRINGS - SUPPLEMENTARY RADIO 22/12/89 88/41/IL CENTRAL REGION - REMOTE RADIO 14/7/89

178 Licence Renewals - Television

Report no. Title Date of Report

89/53/IL BCV BENDIGO 26/10/89 89/49/IL GLV GIPPSLAND 26/10/89 89/68/IL ITQ MOUNT ISA 20/12/89 87/60/IL ADS ADELAIDE 18/8/89 89/14/IL RTS RENMARK-LOXTON 8/8/89 89/6/IL •BTW BUNBURY 19/3/90 89/5/IL ·Gsw SOUTIIERN AGRICULTURAL 19/3/90 89/179/IL GTW GERALDTON 19/3/90 89/4/IL YEW KALGOORLIE 19/3/90 88/126/IL TVTHOBART 27/7/89 88/151/IL TNT NORTH EAST TASMANIA 31/7/89 e Now consolidated as SSW South West and Great Southern)

Commercial Radio

Report no. Title Date of Report

89/133/IL 2CHSYDNEY 2/5/90 89/134/IL 2GB SYDNEY 17/5/90 89/135/IL 2KYSYDNEY 2/5/90 88/166/IL 2SM SYDNEY 27/7/89 88/167/IL 2UWSYDNEY 28/8/89 89/30/IL 2BH BROKEN HILL 24/8/89 89/169/IL 2BS BATIIURST 31/5/90 89/78/IL 2CS COFFS HARBOUR 19/9/89 89/161/IL 2GO CENTRAL COAST 30/1/90 90/5/IL 2MO GUNNEDAH 915/90 89/33/IL 2QN DENILIQUIN 30/9/89 89/32/IL 2WG WAGGA WAGGA 28/7/89 88/109/IL 3AK MELBOURNE 2/8/89 89/41/IL 3BO BENDIGO 16/8/89 89/50/IL 3CS COLAC 3/10/89 88/43/IL 3CV MARYBOROUGH 21/7/89 89/42/IL 3MAMILDURA 18/8/89

179 89/S2/IL 3NE WANGARATIA 18/10/89 89/39/IL 3SH SWAN HILL 28/7/89 89/38/IL 3WMHORSHAM 28/9/89 89/91/IL 3YB WARRNAMBOOL 13/12/89 89/101/IL 4BU BUNDABERG 18/8/89 89/69/IL 4CA CAIRNS 4/9/89 89/67/IL 4GC CHARTERS TOWERS S/9/89 89/199IL 4HIEMERALD 13/6/90 89/70/IL 4LM MOUNT ISA 14/8/89 89/103/IL 4MB MARYBOROUGH 18/8/89 89/64/IL 4MKMACKAY 18/8/89 89/13/IL SAA ADELAIDE 28/7/89 88/226/IL SUV ADELAIDE 11/9/89 89/92/IL SAU PORT AUGUSTA 716190 89/11/IL SSE MT GAMBIER 29/9/89 89/28/IL 6KYPERTH 10/10/89 88/116/IL 6UVS PERTH 31/7/89 89/107/IL 6LN CARNARVON 2S/1/90 89/18/IL 6MD MERREDIN 22/1/90 89/184/IL 6SE ESPERANCE lS/3/90 88/192/IL 7LA LAUNCESTON 18/7/89 88/193/IL 7EX LAUNCESTON 13/12/89

Public Radio

Report no. Title Date of Report

89/162/IL 2SSS CANBERRA S/6/90 89/47/IL 3MBR MURRAYVILLE 23/8/89 89/3S/IL 4CCR CAIRNS 9/1/90 89/lOS/IL 4DDB TOOWOOMBA 2/3/90 88/227/IL SEBI ADELAIDE 616/90 88/228/IL SMMM ADELAIDE S/1/90 90/21/IL SGTR MOUNT GAMBIER 29/5/90 89/61/IL SPBA SALISBURY 27/7/89 88/22S/IL SRRR WOOMERA lS/8/89 88/lOS/IL 6NR PERTH (INTERIM) 2S/8/89 88/116/IL 6UVS PERTH 31/7/89

180 88/194/IL 711N LAUNCESTON 1/11/89 89/62/IL 7RGY GEEVESTON 10/10/89 88/191/IL 7WAY LAUNCESTON 1/11/89 88/117/IL SKIN ALICE SPRINGS 20/9/89

181 APPENDIX}

SHARE 1RANSACTION DECISIONS - 1989/90

Ucence(s) affected/Company File no. Decision Date in which interest acquired or increased/Company or person acquiring or increasing shareholding

TEN, CTC, A1V, TNQ, QQQ, ADS, NEW I 10/90/20 12/3/90 Northern Star Holdings Ltd/Westfield Capital Corporation Ltd, Dail Mail & General Trust plc, Associated Newspapers North America Inc

TEN, CTC, A1V, 1VQ, ADS, NEW/Decani 10/89/191 14/12/89 Pty Ltd/Northern Star Facilities Pty Ltd

TEN, CTC, A1V, TVQ, ADS, NEW I 10/89/191 14/12/89 Auron Ltd/Northern Star Facilities Pty Ltd

TEN, CTC, A1V, TVQ, ADS, NEW /Cardera 10/89/202 13/12/89 Holdings Pty Ltd/Franley Securities Pty Ltd

TEN, CTC, A1V, TVQ, ADS, NEW/Connate 10/89/202 13/12/89 Pty Ltd/Franley Holdings Ltd

BKN, GTS/Spencer Gulf Telecasters Ltd/ 10/89/152 519189 J M Sturrock Pty Ltd

BKN, GTS/Broken Hill Television Ltd/ 10/90/28 1/6/90 Spencer Gulf Telecasters Ltd

BKN,GTS/Spencer Gulf Telecasters Ltd/ 10/90/28 1/6/90 ] M SturrockPty Ltd

BKN, GTS, RTS, SES, 5DN, 5MU/South 10/89/163 4/6/90 East Telecasters Ltd/Scotts Agencies Pty Ltd

CBN, CWN, NEN, 2AD, 2MO, 2RE, 2TM, 10/89/155 18/9/89 4WK/New England Broadcasters Pty Ltd/ Carillon Development Ltd

182 CBN, CWN, NEN, 2AD, 2MO, 2RE, 2TM, 10/89/155 18/9/89 4WK/Carillon Development Ltd/ Broadcast Amalgamated Ltd

CBN, CWN, 2GZ/Country Television 10/88/128 24/8/89 Services Ltd/Roslyndale Securities Pty Ltd

CBN, NEN/Ramcorp Ltd/Portfolio I0/90/10 2/2/90 Services (Nominees) Pty Ltd

MTN, 2DU, 2MG, 2PK, 2RG/Linter Group 10/89/174 6/10/89 Companies

NBN Newcastle/Fulcrum Capital I0/88/162 31/8/89 Corporation Ltd/State Authorities Superannuation Board

NEN, 2AD, 2MO, 2RE, 2TM, 10/89/200 25/1/90 4WK/Carillan Development Ltd/Broadcast Amalgamated Pty Ltd, Groveleigh Pty Ltd

NRN, RTN, TVQ, DDQ, SDQ/Darling Downs I0/89/153 18/9/89 TV Ltd/Aspermont Ltd

NRN, RTN, DDQ, SDQ/Darling Downs I0/90/1 25/1/90 TV Ltd/Aspermont Ltd

BCV, GLV /Tricom Corporation Ltd/ 10/89/178 26/10/89 Swan Television & Radio Broadcasters Pty Ltd

BCV, GLV, TNT/Tricom Corporation Ltd/ I0/89/27 25/1/90 Stradis Pty Ltd Anstruther Holdings Pty Ltd Barclay Investment Pty Ltd, Twenty Third Myth Pty Ltd

BCV, GLV, TNT/Tricom Corporation Ltd/ I0/89/120 31/7/89 Stradis Pty Ltd, Anstruther Holdings Pty Ltd, Barclay Investment Pty Ltd, Twenty Third Myth Pty Ltd

BCV, GLV, TNT/Techam 10/90/23 6/2/90 Corporation Ltd/Morgan Schiff

183 BTV, STV, TVT/ENT Ltd/ Commercial 10/89/26 13/12/89 Union Company of Australia Ltd, National Mutual Life Association of Australasia Ltd, DJ Rouse

BTV, STV, TNT/ENT Ltd/Commercial 10/89/192 13/12/89 Union Assurance Company of Australia Ltd, National Mutual Life Association of Australia Ltd and D Rouse

GMV, VTV, 3UL, 3SR/Associated 10/88/163 14/11/89 Broadcasting Services Pty Ltd/HJ Nicholas

RTV, STV, TVT/ENT Ltd/National Mutual 10/90/69 19/4/90 Life/Association of Australia

QQQ, TNQ/Telecasters North Queensland 10/89/149 18/9/89 Ltd/Gleeson Properties Pty Ltd

TNQ/Telecasters North Queensland 10/89/131 16/8/89 Ltd/Ancona Pty Ltd

BTW, GSW, GTW, YEW, WAW, 6CI, 6NA 10/88/55 6/11/90 6TZ/Geraldton Telecasters Ltd/135 Nominees

BTW, GSW, GTW, YEW, WAW, 6CI, 6NA, 10/88/55 6/11/90 6TZ/Golden West Network Ltd/ BDC Investments Ltd, Australian Capital Equity Pty Ltd

TVT/Tasmanian Television Ltd/ 10/89/123 27/9/89 ENT Enterprises Pty Ltd

TVT, TNT, 7HT, 7EX/ENT Ltd/Tricom 10/88/146 10/4/90 Investment Pty Ltd

TNT/Northern Television (TCN9) Ltd/ 10/88/123 19/4/90 Tricom Television (Tasmania) Pty Ltd

2DAY, 2CA, 2ROC, 3FOX, 4.BK, 5SSA, 6GL/ 10/89/150 13/12/89 Austereo Ltd/Coopers Brewery Ltd and SA Brewing Holdings Ltd

184 2DAY, 2CA, 2ROC, 3FOX, 4BK, 5SSA, 6GL/ I0/89/157 5/9/89 Austereo Ltd/State Govt Insurance Commission SA

2DAY, 2CA, 2ROC, 3FOX, 4BK, 5SSA, 6GL, I0/89/125 25/1/90 6BY, 6WB/Austereo Ltd/SA Brewing Holdings Ltd, Production Investments Ltd

2GB/Harbour Radio Ltd/Tora Bran I0/90/22 29/2/90 Nominees Pty Ltd, Suncorp Insurance and Finance, Sonance Ltd, W M Cassidy

2GB, 2CA, 2ROC, 4BH, 5DN/Sonance 10/89/203 13/12/89 Group Companies

2MMM, 2EC, 3MMM, 3GL, 4MMM, 4GGG, I0/89/183 26/10/89 5AD,5SE,6NOW/Hoyts Media Ltd/ Hoyts Entertainment Ltd, Hoyts Operations Ltd

2UW, 2CC, 2KIX, 3TT, 4BC, 4GR, 4MB, I0/89/156 6/11/89 4RO/Australian Broadcasting Company Pty Ltd/Albert Investments Pty Ltd

2WS, 2AY, 2GN, 2GO, 2KO, 3MP, 3BO, I0/89/173 14/12/89 4KQ, 4CA, 4CC, 4MK, 4TO, SKA, 6KY/ Wesgo Ltd/Shepparton Broadcasting Services Pty Ltd

2WS, 2AY, 2GN, 2GO, 2KO, 3BO, 3MP, I0/89/173 14/12/89 4KQ, 4MK, 4CA, 4CC, 4TO, SKA, 6KYI Wesgo Ltd/Shepparton Broadcasting Services Pty Ltd

2AD/Rural Press Ltd/Marinya Media Pty Ltd 10/89/171 28/9/89

2BH/Far West Radio Pty Ltd/JG Curtis, I0/90/56 2/4/90 DG Tunkin

2DU, 2MG, 2PK/Western Broadcasters I0/89/165 19/9/89 Pty Ltd/ Broadcast Operations Ltd

2GZ, 4RR/Country Television Services I0/90/25 9/2/90 Pty Ltd/Roslyndale Securities Pty Ltd

185 2LT/Mid West Radio Network/Mid West 10/89/122 5/7/89 Radio

2MC/Whoto Pty Ltd/Mid Coast 10/89/129 18/1/90 Broadcasters Pty Ltd, G Greenwood and C J O'Connor

2NM, 3BA/Radio Hunter Valley Pty Ltd, 10/89/137 22/5/90 Radio Ballarat Pty Ltd/Christina Grant Investments Pty Ltd, JM Cameron

2WL/Cyndell Pty Ltd/Associated 10/89/43 11/12/89 Communication Enterprises Pty Ltd

3CR/Community Radio Melbourne Pty Ltd/ 10/89/151 4/9/89 R G Wilson & C M Hartland

3UZ/Radio 3UZ Pty Ltd/Victorian racing 10/87/137 6/10/89 industry

3XY/Radio 3XY Pty Ltd/ 10/88/133 16/5/90 Broadcasting Station 2SM Pty Ltd

3CV /Central Victorian Radio Pty Ltd/ 10/88/195 15/8/89 Fobike Pty Ltd

3MA/faler Pty Ltd/CG McLeod 10/89/115 25/7/89

3NE/North East Broadcasters Pty Ltd/ 10/89/193 13/12/89 Sonenco(No 49)Pty Ltd, Regional Media Investments Pty Ltd

4LG, 4HI/Queensland Regional 10/88/165 13/6/90 Broadcasting Pty Ltd/Portlook Pty Ltd

4ZR/Maranoa Broadcasting Company Ltd/ 10/89/154 5/9/89 Graham} Mcvean

4ZR/Maranoa Broadcasting Company 10/89/167 28/9/89 Ltd/A Berry & Graham} McVean

5KKA/Amalgamated Holdings Ltd 10/88/150 20/12/89

6LN/Carnarvon Commercial Broadcasters 10/90/59 2/5/90 Pty Ltd/Dorset Nominees Pty Ltd

186 6MM/West Coast Radio Pty Ltd/ 10/89/201 12/12/89 I H & E Bassett-Scarfe

6MM/West Coast Radio Pty Ltd/ 10/90/2 10/1/90 I H & E Bassett-Scarfe

6VA/The Bell Group Ltd/State Government 10/89/54 11/12/89

187 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 1990 and replaces the statement published in the Tribunal's 1988-89 Annual Report.

ESTABLISHMENT

The Australian Broadcasting Tribunal is established by s.7 ofthe Broadcasting Act 1942 (the Act) and began operations on 1January1977. The Tribunal is an independent statuto­ ry authority responsible, through the Minister for Transport and Communications, to the Parliament. It is required to prep::;.re and furnish an annual report on its operations in the preceding year to the Minister for Transport and Communications, for tabling in Parlia­ ment. The Act provides for the appointment of a Chairman, a Vice-Chairman, at least one but not more than six other Members, and also for 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 an Acting Chairman, and four other Mem­ bers.

The Tribunal holds regular monthly meetings to make administrative decisions and deter­ mine 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 delibera­ tive 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 Tri­ bunal, to provide advice and make recommendations, and to ensure that the Tribunal's directions are executed.

188 For the purposes of appointing and employing staff, and in accordance with the provisions of the Public Service Act 1922, the Chairman has the powers of a secretary of a department with regard to the branch of the Australian Public Service comprising the Tribunal staff.

Staff of the Tribunal

The staff of the Tribunal is organised on a divisional basis, as illustrated by the organisa­ tion chart on the following page. The Central Office is primarily located in Sydney where the Members are located, and the Complaints Section of the Programs Division is co-locat­ ed in Melbourne with the Victorian State Office. The Tribunal also has a state office in each of the other mainland capital cities. Tasmanian and Northern Territory interests are handled by the Victorian and South Australian offices respectively.

FUNCTIONS

The Tribunal

Grants, renews, suspends, revokes and accepts the surrender of licences.

Authorises transactions in relation to the transfer of, or the admission of persons to partici­ pate in any of the benefits of licences.

Grants approval and gives directions in relation to changes in ownership and control of commercial radio and television, and remote television licences.

Determines program (including advertising) standards to be observed by licensees of com­ mercial, remote, supplementary and public radio and television services.

Determines the hours during which programs may be broadcast by licensees.

Consults representatives of radio and television services in respect of the two preceding items.

Holds inquiries as provided by the Act and the Australian Broadcasting Tribunal (Inquiries) Regulations (the Regulations) or as directed by the Minister under s. 18 of the Act, and publishes reports in relation to those inquiries.

Assembles information relating to broadcasting in Australia and makes it available to the Minister and the public, either by sale or free of charge, subject to restricted access directives.

Appoints advisory committees, subject to the approval of the Minister.

189 Acting Chairman and Four Members

General Manager (and Secretary)

Executive Division Corporate Services Division

Members' & General Manager's Management Services Personal Staff Branch I I Legal Branch Information Technology Branch I Secretariat and Co-ordination Branch (including library) I Information and Education Branch

licensing Division Programs Division I I Grants and Compliance and Renewals Branch Information Branch" I I Ownership and Standards Inquiries Branch Control Branch I I Economics and State Offices Finance Branch I I Administration Section Administration Section

• part located in Melbourne

190 Implements the provisions of the Act and the program standards insofar as they apply to licensed broadcasting services and such other matters as are required by the Act.

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 and groups direct and manage various work activities. Ad hoc working parties are established from time to time to deal with specific tasks.

EXECUTIVE DIVISION

Comprises the personal staff of the Members and General Manager, the Legal Branch, the Secretariat and Co-ordination Branch (including the Library) and the Information and Education Branch.

Legal Branch

Undertakes research, and provides legal advice and interpretations on the Tribunal's pow­ ers 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.

191 Secretariat and Co-ordtnatton Branch

Secretariat Section

Provides secretariat facilities for the Tribunal and internal committees (other than the Chil­ dren's Program Committee), including the arrangement of, and preparation for, meetings and conferences, collation of agenda items, preparation of formal minutes, and the mainte­ nance of records of decisions of the Tribunal and committees.

Co-ordinates and prepares replies to ministerial representations and to questions in Parlia­ ment, and miscellaneous matters which arise.

Co-ordinates policy decisions of the Tribunal and other related agencies and maintains a database for such decisions.

Co-ordinates matters related to the FOI Act.

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 informa­ tion about the Tribunal.

Prepares speeches for Members of the Tribunal.

Registry Section

Maintains registry services including filing systems, distribution of correspondence and archiving of Tribunal files other than inquiry files.

Library

Maintains the library service. The library contains comprehensive material on all aspects of broadcasting. A public file is held containing Tribunal minutes, and records (or details) of Tribunal meetings with outside persons or bodies. A Library Bulletin, which lists new acquisitions, is published on a regular basis and distributed to libraries, academics and researchers.

192 Itiformatton and Education 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.

CORPORATE SERVICES DWISION

Management Services Branch

Arranges for the selection and appointment of staff.

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 relating to personnel, accommodation and office services.

Develops, implements, monitors and reviews as necessary, personnel, finance, accounting and purchasing procedures and practices.

Maintains contact with Commonwealth Departments, the Public Service Commission and the Auditor-General's Office on financial, personnel and general administrative matters.

Itiformation Systems Branch

Maintains effectiveness and efficiency of the Tribunal's operations through the use of infor­ mation technology.

LICENSING DWISION

The Licensing Division comprises the Grants and Renewals Branch, the Ownership and Control Branch and the Economics and Finance Branch and an Administration Section.

193 Grants and Renewals Branch

Undertakes inquiries into the granting and renewal of licences and makes arrangements for the conduct of these inquiries.

Arranges for the publication of notices including the invitation of submissions and notices of conferences and hearings; provides information to parties to inquiries and the public.

Examines and analyses applications, submissions and other relevant information.

Assists in the preparation of inquiry reports and arranges for their printing and release to parties and the public.

Maintains all documents, including inquiry files, relating to grant and renewal inquiries conducted by the Tribunal.

Maintains licensing information and statistics relating to all commercial and public services; is responsible for all matters of a licensing nature that need to be dealt with outside the inquiry process.

OWnershtp and Control Branch

Undertakes inquiries into matters relating to the ownership and control of licences and makes arrangements for the conduct of these inquiries.

Arranges for the publication of notices including the invitation of submissions; provides information to parties to inquiries and the public.

Examines and analyses applications, submissions and other relevant information.

Assists in the preparation of inquiry reports and arranges for their printing and release to parties and the public.

Maintains all documents, including inquiry files, relating to ownership and control inquiries conducted by the Tribunal.

Prepares submissions, background papers and recommendations to the Tribunal relating 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 relating to the cross-media ownership rules and registered lenders. 194 Econamtcs and Ftnance Brancb

Conducts research into economic and financial issues affecting the radio and television industry, and the financial capabilities of applicants for licences.

Provides advice to the Tribunal on the economic and financial implications for the broad­ casting industry of changes in regulations or policies.

Co-ordinates the collection, development and maintenance of relevant data bases of eco­ nomic and financial information relating to individual stations and the industry as a whole.

Compiles and maintains socio-economic profiles of licensees' markets.

Prepares summaries of financial results of licensee companies for publication.

Assesses and collects, on behalf of the Commonwealth, licence fees from commercial licensees.

Admtntstratton Section

Provides support for the Division in relation to 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.

PROGRAMS DIVISION

Standards Inqutrles Brancb

Undertakes public inquiries (either by application, as directed by the Minister, or initiated by the Tribunal) into matters relating to the making of, and amendment to, program stan­ dards (including advertising standards) and makes arrangements for the conduct of these inquiries.

Provides policy advice and information on current programming issues to the Tribunal rel­ evant 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.

195 Processes applications for inquiries and examines and analyses submissions and other rele­ vant 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 relating to program standards.

Drafts program standards, including advertising standards.

Maintains all ·inquiry documents, including inquiry files relating to program standards inquiries.

Administers the operations of the Children's Program Committee.

Compliance and ltiformation Branch

Develops procedures to ensure compliance with the Tribunal's program and advertising standards, and with orders, guidelines and instructions about program matters issued by the Tribunal.

Advises the Tribunal on the effects of, and compliance with, Tribunal decisions regarding the application of program and advertising standards.

Assesses reports and submissions on programming practices (including licence renewal applications and reports).

Advises the Tribunal with regard to complaints from members of the public relating to pro­ gram and advertising matters, investigates possible breaches of the standards and prepares reports and correspondence as necessary.

Designs and undertakes, or commissions and supervises, research relating to broadcasting as required by the Tribunal in the exercise of its functions.

Evaluates research, surveys etc. relevant to broadcasting undertaken by other organisations in Australia and overseas, including applications for the grant of new licences and renewal of existing licences.

Prepares reports on research for publication.

Maintains contact with other research organisations.

196 Assembles and provides information relating to broadcasting in Australia as required under s.124 of the Act.

Administers the provisions relating to the broadcasting of election advertisements.

Maintains records, reports and information papers etc. on Australian and overseas broad­ casting.

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, 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 prepare 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.

Admintstratton Section

Provides support for the Division in 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.

197 Arranges the archiving of public inquiry documentation.

POWERS

The Tribunal has a range of powers relating to:

(a) the grant, renewal, transfer, suspension or revocation of licences, including the condi­ tions 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

(f) 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. As at 30 June 1990, only one such committee was operational, the Children's Program Committee.

The Tribunal also participates in standing committees and arrangements exist for consulta­ tion 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.

198 Children's Program Committee

Appointed in 1977, the committee consists of seven members, three of whom are drawn from the public (including the chairman), three from the television and advertising indus­ tries and one from the independent production industry. A member may be appointed for a term of three years .or for a lesser period, as determined by the Tribunal, and is eligible for reappointment for another term. In making appointments to the committee, the Tri­ bunal selects persons with known experience in matters relating to children and children's television production.

The functions of the committee, as set out in its constitution, are:

(a) To provide advice, including formulating draft standards, to the Tribunal in relation to the Tribunal's functions of:

(i) determining standards to be observed by licensees in respect of the televising of children's programs;

(ii) determining standards to be observed by licensees in respect of the televising of programs where the viewing audience contains or is likely to contain large num­ bers of children; and

(iii) the televising of advertisements/promotions during children's programs.

(b) To assess and make recommendations to the Tribunal with respect to the following in terms of the standards and guidelines determined by the Tribunal: programs pro­ posed for C and P, Provisional C and Provisional C and P Australian drama classification.

(c) To provide information, advice and assistance to television licensees, producers of children's programs and the public on the Tribunal's standards in relation to chil­ dren's programs and advertising directed to children.

For the purposes of this section, 'children' are all people younger than fourteen years.

Meetings with industry bodies, industry unions, consumer groups and other statutory bodies

The Tribunal cons\llts with representatives of broadcasters as required by s.16 of the Act through regular meetings with the Federation of Australian Radio Broadcasters, the Federa­ tion of Australian Commercial Television Stations, the Public Broadcasting Association of Australia, the Progressive Radio Association, and, as required, with the individual licensees.

199 In addition, the Tribunal meets regularly with the Media and Communications Council, an umbrella group comprising entertainment industry unions and public interest and con­ sumer 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 sur­ veys 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 relating to the commencement of inquiries and maintains an inquiry file containing docu­ ments 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 confer­ ence, 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.

CATEGORIES OF DOCUMENTS

Documents held by the.Tribunal may be available for public access, subject to ss. 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.

200 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 CD, the Australian Government Publishing Service Bookshops (AGPS) or the Commonwealth Reporting Service (CRS)

free of charge to particular persons or groups who participate in a particular inquiry

Category Location Documents Availability

Legislative All offices Enactments # - (AGPS) regulatory Television Program Standards • # Television Advertising Conditions • # Children's Television Standards • # Radio Program Standards • # Radio Advertising Conditions • # Policy Statements • # Practice Notes • # Commentaries • # Circular Letters • #

Sydney office Legal opinions

Government Sydney office Tabling documents and Cabinet submissions Parliament Cabinet decisions Ministerial briefings Ministerial correspondence Replies to parliamentary questions

All offices Tribunal's annual report # - (AGPS)

201 Category Location Documents Availability

Meetings All offices Minutes of Tribunal meetings # /\ (subject to any deletions based on exemptions criteria in the FOi Act)

All offices Records of meetings with # /\ regular outside bodies (GPC)

Sydney office Agenda papers of Tribunal meetings Minutes of Children's Program Committee (CPC) meetings Records of meetings of standing committees and with non-regular outside persons and bodies (non-GPC)

Children's Sydney office Constitution of the CPC matters Consolidated list of 'C' programs # CPC reports to the Tribunal Tribunal files correspondence

Public All offices News releases • relations Newsletter ABTEE • Discussion papers Tribunal research reports # *

Sydney office Tribunal's mailing lists Publications: "Broadcasting in Australia" -(T, AGPS) "Ownership of Australia's -(T) Broadcast Media" quarterly subscription "Broadcasting Financial Yearbook" -(T)

202 Category Location Documents Availability

Management Sydney Personnel records office and staffing files Records of appointment of members Financial, purchasing, furniture and fittings, equipment and accommodation files General administrative records and files Register of Tribunal forms

Public Sydney office, Relevant inquiry files as required #A! inquiries at the inquiry by the Regulations: and at the Public inquiry exhibit including relevant State applications, submissions, replies office by applicants to submissions, statements of evidence, audio and video tapes, background and information papers, issues papers, public notices (being transferred to microfiche)

All offices Transcripts of the relevant State # -(CRS) inquiries Reports and Decisions of public #* inquiries

Sydney office Public inquiry record files, Policy and procedural files, Register of documents received, Register of reports

Licensing Sydney office Licences and operating specifications for all stations Records of shareholders, shareholdings and directors of licensee and associated companies (main data base held on computer)

Registers of financial results of commercial broadcasting stations Registers of approvals for the acquisition or increase of prescribed interests commercial broadcasting stations

203 Category Location Documents Availability

Individual station files relating to share transactions, licence transfers or leasing of licences Reports on licensing matters relating to the grant, renewal, suspension or revocation of licences

Records of commencement of operations and licence periods for individual stations and related correspondence Records of notifications to, and payment by, licensees in relation to licence fees Records of memoranda and articles of association of licensee companies, statutory declarations etc. Policy and procedure files Register of applications for registration of registered lenders

Register of registered lenders Register of applications received in relation to share transactions Register of applications received for approved investor certificates Associated Newspaper Register #A

Programs All offices Public inquiry files on Program #AJ and at the (includingAdvertising) Standards hearing or conference of the inquiry

All offices Industry self-regulatory codes published by the Media Council of Australia Monthly reports of the written and telephoned complaints and comments from the public about broadcasting programs and advertising

Melbourne Written and telephoned complaints office and comments from the public about broadcasting programs and advertising

204 Category Location Documents Availability

Sydney office Reports by the Commercial Acceptance Division of the Federation of Australian Commercial Television Stations Correspondence on: • sponsorship announcements on public radio stations

Sydney office Ministerial representations on program and advertising matters

Sydney office Records, including discussion papers relating to the revision of program and advertising standards

Sydney office Information submitted by broadcasting stations about the Australian content of programs, children's programs, and religious programs Statistical and other reports containing information relating to program and advertising matters Reports on program matters relating to the grant, renewal, suspension or revocation of licences Station program and reports of operations files Details, including reports, of research undertaken or commissioned, and evaluations of research undertaken by other organisations Records, reports and information papers on Australian and overseas broadcasting

FACILITIES 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 exam­ ined. 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 General Manager" and be accompanied by an application fee (currently $30) or a request for remis­ sion of the fees and charges (see ss. 30A and 30 of the FOI Act). Any request should state that it is a request under the FOI Act and show an address for the serving of notices.

205 FOi PROCEDURES AND INITIAL CONfACT POINfS

Where information is sought on any matter falling within the Tribunal's area of responsibil­ ity, inquiries are to be directed as follows:

The General Manager Australian Broadcasting Tribunal 76 Berry Street North Sydney NSW 2060

or

PO Box 1308 North Sydney NSW 2059 Tel.(02) 959 781 Facsimile: (02) 954 4328 (FaxStream) DX 10528 North Sydney

or to the Tribunal's offices at:

Fourteenth Floor Third Floor Marland House 70 Light Square 570 Bourke Street Adelaide SA 5000 Melbourne VIC 3000 Tel.(08) 231 1454 Tel.(03) 670 1777 Facsimile: (08) 231 1452 Facsimile: (03) 670 4821 (FaxStream)

Eighth Floor Tenth Floor 444 Queen Street 251 Adelaide Terrace Brisbane Qld 4000 Perth WA 6000 Tel.(07) 832 4702 Tel.(09) 325 7041 Facsimile: (07) 832 1623 Facsimile: (09) 221 1631

206 Under the procedures operating in the Tribunal for the handling of FOI requests, in some instances the FOI 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 (s. 15(2)) or if the request requires a substantial and unreasonable diversion of resources (s. 24(1)); or

(c) for notification of charges and deposit, if necessary, including a discussion of charges remission.

Those who have been authorised to grant access under s. 23 of the FOI Act are the following:

Director, Licensing Division - licensing, ownership and control and associated matters

Director, Programs Division - program and advertising matters

Director, Corporate Services Division - personnel, financial and staffing matters

Principal Legal Officer - matters associated with the Broadcasting Act and litigation relating to the Tribunal.

Executive Officer (Children's Program Committee) - children's matters.

Those who have been authorised to refuse access or make deletions to documents are the Chairman and the General Manager.

The Chairman is the Reviewing Officer, who may delegate those functions to the Vice­ Chairman or a Member.

207 APPENDIXL

208 AUSTRALIAN NATIONAL AUDIT OFFICE

71h Fioo< Shell House 140 Phillip Street Sydney New South Wales 2001 our ref;

AUSTRALIAN BROADCASTING TRIBUNAL AUDIT REPORT ON FINANCIAL STATEMENTS

I have audited the financial statements of the Australian Broadcasting Tribunal for the year ended 30 June 1990 in accordance with the Australian National Audit Office Auditing Standards, which incorporate the Australian Auditing Standards. The statements comprise:

statement of assets and liabilities; statement of activity; statement of sources and applications of funds; statement of capital accumulation; certificate by Members, and notes to and forming part of the financial statements.

In accordance with sub-section 28(2) of the Broadcasting Act 1942, I now report that the attached statements are in agreement with the accounts and records of the Tribunal, and in my opinion:

(i) the statements are based on proper accounting records;

(ii) the statements show fairly the financial transactions for the year ended 30 June 1990 and the state of affairs of the Tribunal at that date;

(iii) the receipt and expenditure 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 Commonwealth Entities.

A.M. Thompson Executive Director Australian National Audit Office

23 October 1990

G PO Bo'( 2 ..: Svchnv Ni_• w S:::iu th Wair. s 200 1

209 210 AUSTRALIAN BROADCASTING TRIBUNAL

CERTIFICATE TO TIIE FINANCIAL STATEMENTS

In our opinion,

(a) the statements show fairly the operating surplus of the Tribunal for the financial year ended 30 June 1990; and

(b) the statements show fairly the state of affairs of the Tribunal as at 30 June 1990.

The statements have been made out in accordance with the Guidelines for Financial State­ ments of Commonwealth Entities issued by the Minister.

This statement is made in accordance with the resolution of the Tribunal and is signed for and on behalf of the Members by:

Michael Ramsden Acting Vice Chairman

Signed at Sydney, NSW this twenty-second day of October 1990

211 AUSTRALIAN BROADCASTING TRIBUNAL Statement of Activity For the Year Ended 30 June 1990

1989-90 1988-89 $ $ $ $ OPERATING REvEMJE Parliamentary appropriations 9,207,000 9,994,000 Interest 65,126 34,061 Sale of Publications 69,950 24,773 Sponsorship TV 2000 Conference (Note 3) 107,5000 Conference Fees TV 2000 (Note 3) 70,368 0 Miscellaneous Revenue (Note 4) 11.642 30 386 Total Operating Revenue 9,531,586 10,083,220

OPERATING EXPENSE Salaries and Allowances (Note 5) 4,618,093 6,068,346

N Overtime 27,243 59,187 t::; Office Rental and Room Hire 1,419,103 1,180,260 Consultancy Fees, Contract Research and Computer Services 385,502 507,373 Travelling and Subsistence 383,895 555,578 Incidentals (Note 6) 478,961 424,162 Office Requisites, Equipment, Stationery, Printing and Library 405,019 476,662 Postage, Telephones and Telegrams 263,645 260,577 Legal Fees 331,799 482,622 Loss on disposal of Non-current assets 15,049 Minor Assets (Note 1 (b)) 171,702 26,899 Repairs and Maintenance 23.487 54.266 Total Operating Expense 8.523.498 10.095.932 1989-90 1988-89 $ $ $ $

OPERATING SURPLUS OR (DEFIOT) BEFORE PROVISIONS AND UNFUNDED CHARGES 1,008,088 (12,712)

Aggregate of provisions and unfunded charges (Note 7) 81,825 366,155

OPERATING SURPLUS OR (DEFIOT) 926,263 (378,867)

Accumulated deficits at beginning of financial year (1,697,987) (1,319,120)

N (:;:; RETAINED SURPLUSES OR (ACCUMUIATED DEFIOTS) AT END OF FINANCIAL YEAR (771,724) (1,697,987)

The accompanying notes form an integral part of these financial statements. AUSTRALIAN BROADCASTING TRIBUNAL

Statement of Assets and liabilities For the Year Ended 30 June 1990

1989-90 1988-89 $ $ $ $ CURRENT AsSETS Cash 64,047 128,857 Receivables (Note 11) 9,111 7,441 Other (Note 12) 182,965 49,302 Total Current Assets 256,123 185,600

NoN-CururnNT AssETS Property, plant and equipment (Note 13) 856,063 1,009,682 Total Non-Current Assets 856,063 1,009,682 TOTAL ASSETS 1,112,186 1,195,282

N ...... CURRENT LIABIIITIES ~ Creditors and borrowings (Note 14) 287,459 1,172,209 Provisions (Note 15) 627,537 685,750 Total Current liabilities 914,996 1,857,959

NON-CURRENT LIABILITIES Creditors and borrowings (Note 16) 57,547 17,954 Provisions (Note 17) 565,189 699,578 Other (Note 18) 28,399 Total Non-Current liabilities 651,135 717,532 TOTAL IJABILITIES 1,566,131 2,575,491 1989-90 1988-89 $ $ $ $

NET ASSETS (453.945) (1.380.209)

EQUTIY Capital accumulation (Note 23) 317,778 317,778 Retained surpluses or (accumulated deficits) (771,723) (1,697,987) Total Equity (453,945) (1,380,209)

...... N V1

The accompanying notes form an integral part of these financial statements. AUSTRALIAN BROADCASTING TRIBUNAL

Statement of Capital Accumulation For the Year Ended 30 June 1990

1989-90 1988-89 $ $

Balance at beginning of financial year 317,778 317,778 Parliamentary appropriations for capital items transferred from statement of activity Capital repayments

Balance at end of financial year (Note 23) 317,778 317,778

N The accompanying notes form an integral part of these financial statements ...... 0\ AUSTRALIAN BROADCASTING TRIBUNAL

Statement of Sources and Applications of Funds For the Year Ended 30 June 1990

1989-90 1988-89 $ $ $ $

SOURCES OF FUNDS

Funds from Operations INFLOWS OF FUNDS from operations Sales revenue 69,950 24,773 Other revenue 2,461636 10,Q58,44Z 9,531,586 10,083,220

OurFLOWS OF FUNDS on operations 8JZ8,11Z 10,0Z2 058 c· see reconciliation below) 1,153,469 4,162

REDUCTION IN A.sSETS Current Assets Cash 64,810 Receivables 162 64,810 169

INCREASE IN LIABILITIES Current Liabilities Creditors and borrowings 420,25Z 490,957

NON-CURRENT LIABILITIES Creditors and borrowings 39,593 Other 28 322 6Z 222 1,286,2z1 425,288

217 1989-90 1988-89 $ $ $ $

APPLICATIONS OF FUNDS Increase In Assets

CURRENT AssETS Cash 126,468 Receivables 1,670 967 Other 133,663 28,245 135,333 155,680

NON-CURRENT AsSETS Property, plant and equipment 266,188 332,011

Reduction in liabilities

CURRENT LIABILITIF.5 Greditors and borrowings 884,750 Other --- 7 527 884 250 1522 1 286,221 425 288

• Reconciliation of operating result with funds from operations:

1989-90 1988-89 $ $

Operating surplus or (deficit) 926,263 (378,867) Aggregate of provisions and unfunded charges (Note 7) 81,825 366,155

Net book value of written off property, plant and equipment purchased for less than $1,000 145,381 1 153 462

The accompanying notes form an integral part of these financial statements.

218 AUSTRALIAN BROADCASTING TRIBUNAL

NOTES TO AND FORMING PART OF TIIE FINANOAL STATEMENTS FOR TIIE YEAR ENDED 30JUNE 1990

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 accor­ dance with the Guidelines for Financial Statements of Commonwealth Entities, which were revised in June 1990. The accounting practices adopted by the Tribunal are in accord with the accounting standards issued by the Australian Accounting Bodies.

The accounting policies adopted in the preparation of the financial statements are consistent with those applied in the preceding year, except in relation to the expensing of property, plant and equipment.

(b) Non-current assets

Property, plant and equipment is shown at cost less accumulated deprecia­ tion.

The Australian Broadcasting Tribunal raised its asset threshold from $200 to $1,000 during the 1989/90 financial year. Items now purchased for less than $1,000 are expensed. The reason for this change in accounting policy is to enable a considerable reduction in both clerical and administrative effort associated with recording and maintaining the fixed assets subsidiary ledger. The monetary effect of this change in accounting policy is that Non Current Assets in the Statement of Assets and Liabilities are reduced by $145,381 and Operating Expense in the Statement of Activity is greater by $145,381 than they otherwise would have been.

(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.

219 Gains and losses on disposal of assets arising in the ordinary course of busi­ ness are taken into account in determining the operating surplus or (deficit) for the year.

Leasehold improvements are capitalised and are amortised over the unex­ pired 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 effective­ ly 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 a straight line basis over the expected useful life of the leased asset. A corre­ sponding 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 depar­ tures and periods of service and for annual leave entitlements not taken at balance date. Provisions are calculated using current salary levels.

Tribunal Members and staff contribute to the Commonwealth Superannuation Scheme. No cost is accrued to the Tribunal for the amount contributed to the support of that scheme by the Commonwealth.

Refer to Note 10 regarding provision for the 3% superannuation interim benefit.

(f) Segmental Reporting

The Tribunal is responsible for regulating commercial television and commercial and public radio in Australia. It is therefore considered that for reporting pur­ poses the Tribunal operates within the one industry and geographical segment.

220 (g) Sundry Debtors

Bad debts are written off against revenue as they become known.

2. Items of revenue and expense

Items credited as revenue: 1989-90 1988-89 $ $

Interest 65,126 34,061

Items charged as expense:

Finance charges relating to finance leases 11,095 4,972

Provision for employee benefit long service leave (32,445) (103,624) annual leave bonus (36,336) 95,034 3% superannuation benefit (123,822) 92,928

Amortisation of plant and equipment under finance leases 17,702 7,508

Amortisation of leasehold improvements 82,536 78,298

Depreciation: furniture and fittings 23,467 42,742 office equipment 9,546 12,766 computer equipment 133,257 124,750 monitoring and allied equipment 7,920 15,753

Loss on disposal of non-current assets 15,049

Rental expense on operating leases 1,027,652 1,062,439

3. "TV 2000" Conference - Fees and Sponsorship

The Tribunal conducted a conference, TV 2000 "Choices and Challenges", in 1989/90 which attracted significant revenue both in sponsorship and conference fees. The Department of Finance approved the use of this revenue to offset the full costs associated with the conduct of the conference.

4. Miscellaneous Revenue

"Miscellaneous Revenue" in the Statement of Activity represents mainly the proceeds from the sale of photocopying and microfiche material, minor assets and receipts under the Freedom of Information Act.

221 5. Emoluments of Members and Associate Members

Salaries and allowances includes expenses of $560,549 ($638,030 in 1988-89) 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. During 1989/90, the Australian Broadcasting Tribunal also paid three Associate Members appointed for the Inquiry into Violence on Television. Emoluments to these Associate Members are included in the above amount.

1989/ 90 1988/89 Salary Band No of Members No of Members

$0,000 - $9,999 1 $10,000 - $19,999 1 $20,000 - $29,999 3 4 $30,000 - $39,999 $40,000 - $49,999 $50,000 - $59,999 2 $60,000 - $69,999 4 $70,000 - $79,999 4 1 $80,000 - $89,999 1 $90,000 - $99,999 1 1

Members falling in bands $0,000 to $59,999 are either Associate Members, or Mem­ bers who have been appointed or who have resigned within the financial year.

6. Incidentals

The major expense components in 1989-90 (as compared with 1988-89 figures) were:

Component Expenses 1989-90 1988-89 $ $

Advertising 179,996 188,330 Freight 27,230 36,828 Storage & Removal Charges 17,832 31,409 Sitting fees 32,281 22,295 Conference & Course Fees 34,769 29,313 Hospitality 34,143 5,170 Compensation 53,399 6,180 Other 66,825 43,061

222 7. Aggregate of provisions and unfunded charges

The following items are included in this total:

1989-90 1988-89 $ $

Long Service Leave (see Note 8) (32,445) (103,624) Annual Leave Bonus (see Note 9) (36,336) 95,034 Depreciation (see Note l(c)) 174,190 196,011 Amortisation of Leasehold Improvements (see Note l(c)) 82,536 78,298 Amortisation of Leased Equipment (see Note l(d)) 17,702 7,508 3% Superannuation benefit (see Note 10) (123,822) 92,928

Total 81,825 366,155

8. Provision for Long Service Leave

This item is the Tribunal's estimated liability at 30 June 1990 for the long service leave entitlements of its Members and employees. The estimate is based on a quali­ fying 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 Statement of Activity. The difference between the estimated lia­ bility at the beginning and the end of the financial year will be brought to account in the Statement of Activity as an adjustment to the Provision for Long Service Leave.

This financial year, a net reduction resulted in the Provision for Long Service Leave and a credit balance of $32,445 resulted in the Statement of Activity (Provisions and unfunded charges) because a number of senior staff resigned from the Tribunal. Payouts to these senior staff amounted to $88,514 during 1989-90 and are included in the Salaries and Allowances balance in the Statement of Activity.

Similarly in 1988-89, there was a net reduction in the Provision for Long Service Leave and a credit balance of $103,624 resulted in the Statement of Activity, because of the closure of the Tribunal's Melbourne Office. Long Service Leave payouts amounted to $301,388 during 1988-89.

223 9. Provision for annual leave bonus

This item is the Tribunal's estimated liability at 30 June 1990 for the annual leave and bonus entitlements of its Members and employees. The provision has been cal­ culated in accordance with the Tribunal's terms and conditions of employment. The difference between the estimated liability at the beginning and the end of the finan­ cial year will be brought to account in the Statement of Activity as an adjustment to the Provision for Annual Leave and Bonus.

In 1989/90, Annual Leave expense in the Statement of Activity (Provisions and Unfunded Charges) amounted to a credit balance of $36,336 (1988-89 debit balance of $95,034). The reason for the reduction is due to the resignation of thirty employ­ ees from the Tribunal during 1989-90. Payments of Annual Leave Bonus are included in the Salaries and Allowances balance iri the Statement of Activity and amounted to $44,549 for the year ended 30 June 1990.

10. Provision for Interim 3% Superannuation Benefit

The Tribunal has incurred a liability for the 3% superannuation benefit from 1 Jan­ uary 1988 to 30 June 1990 (note that only a 1.5% superannuation benefit applied for the period 1January1988 to 31December1988).

Effective from 1 July 1990, the Australian Government Retirement Benefits Office (AGRBO) subsumed the entire liability and accordingly, it will make all payments relating to the 3% superannuation benefit which became payable after 30 June 1990 and which were accrued during the period 1January1988 to 30 June 1990. Hence, no provision has been made for the 3% superannuation benefit in the 1989-90 accounts. The financial effect of this is that in the Statement of Activity, Provisions and Unfunded Charges, the 3% superannuation benefit is lower by $96,571 and hence the operating surplus is greater by $96,571 than it otherwise would have been. The financial effect of this on the Statement of Assets and Liabilities is to decrease provisions (current liabilities) by $13,520 and provisions (non-current lia­ bilities) by $83,051.

In addition to the above, the Provision for the 3% Superannuation Benefit in the Statement of Assets and Liabilities has been completely written back as at 30 June 1990. The financial effect of this on the Statement of Activity, Provisions and Unfunded Charges, is that there is a credit balance of $123,822 for the 3% Superan­ nuation Benefit which accordingly results in the operating surplus being $123,822 greater than it otherwise would have been. Likewise, the financial effect of this on the Statement of Assets and Liabilities, is that Provisions (Current liabilities) is lower by $17,335 and Provisions (Non-current liabilities) is lower by $106,487 than if the write-back had not occurred.

224 11. Receivables (Current) 1989-90 1988-89 $ $ Sundry debtors 9,111 7,441

12. Other Current Assets 1989-90 1988-89 $ $ Prepayments 182,965 49,302

13. Property, plant and equipment 1989-90 1988-89 $ $

COMPUI'ER EQUIPMENf At Cost 697,514 674,683 Accumulated Depreciation 342 526 226,525 354 288 448158

FURNITURE AND FITTINGS At Cost 134,228 272,303 Accumulated Depreciation ~ 131 Q36 67 566 141,26Z

OFFICE MACHINES AND EQUIPMENT At Cost 60,704 79,205 Accumulated Depreciation 3.Lll2 4Q,ZZZ 22525 38.428

MONITORING AND AillED EQUIPMENT At Cost 48,827 115,682

Accumulated Depreciation 3.Q.23a :. 65,8ZZ 18,289 42,802

Leasehold Improvements At Cost 596,829 517,681 Accumulated Amortisation 28Z,246 211,62Z 308.883 3Q5,284

Leased Equipment At Cost 105,629 37,155 Accumulated Amortisation 28 81Z 11,115 Z6,812 26.Q4Q

225 1989-90 1988-89 $ $

TOTAL PROPERTY, PLANT AND EQUIPMENT At Cost 1,643,731 1,696,709 Provision for depreciation and amortisation 787 668 68Z,Q2Z Total written down amount 856.063 1,009,682

14. Creditors and borrowings (Current) 1989-90 1988-89 $ $ Trade Creditors 267,653 1,163,303 Lease liability 12 806 8,206 28Z.452 UZ2209

15. Provisions (Current) 1989-90 1988-89 $ $ Provision for long service leave 92,008 96,550 Provision for recreation leave 535,529 571,865 Provision for 3% superannuation benefit IZ,335 62Z,53Z 685 Z5Q

16. Creditors and borrowings (Non-current) 1989-90 1988-89 $ $ Lease liability 57,547 17,954

17. Provisions (Non-current) 1989-90 1988-89 $ $ Provision for long service leave 565,189 593,09 Provision for 3% superannuation benefit 106.48Z 565,182 692,5Z8

226 18. Other Non-current liabilities 1989-90 1988-89 $ $ Amount payable on outstanding contract 28,399

19. Auditors' Remuneration

During 1989-90, the Tribunal was provided with services without charge from the Australian National Audit Office for auditing of the accounts. Had the Tribunal been charged, the services would have amounted to $40,800.

20. Commitments for expenditure not brought to account

Operating Lease Commitments: 1989-90 1988-89 $ $ Not later than 1 year 1,129,368 829,688 Later than 1 year and not later than 2 years 1,124,483 778,571 Later than 2 years and not later than 5 years 252,514 1,403,842 Total 3.213.365 3.012.108

Finance Lease Commitments: 1989-90 1988-89 $ $ Not later than 1 year 34,577 12,569 Later than 1 year and not later than 2 years 29,596 12,569 Later than 2 years and not later than 5 years 49,523 7,578 Minimum lease payments 113,696 32,716 Deduct: Future finance charges ~ --2..82Q 1Lill 26 860

Lease liability - current (Note 14) 19,806 8,906 - non-current (Note 16) 2Z5U .11.221 1Lill ~

21. Contingent Liabilities

From information currently available it is estimated that the Tribunal's liability for ongoing legal fees is $100,000. 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.

227 22. 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 & Communications.

Licence fees received during 1989-90 amounted to $117,801,479 ($101,720,433 - 1988-89) comprising $101,455,554 ($87,683,215 - 1988-89) in television licence fees and $16,345,925 ($14,037,218 - 1988-89) in radio licence fees. Of the $101,455,554 received in television licence fees, $41, 159 was refunded as a result of overpayment by a number of services. In addition, $2,825,522 was granted in the form of an aggregation rebate under Regulations introduced this year. $284,014 of television licence fees is yet to be received. Of the $16,345,925 received in radio licence fees, $41,114 was refunded as a result of overpayment.

Establishment fees for the grant of FM licences payable during 1989/90 amounted to $5,349,622 and Licence Conversion fees for existing AM services converting to FM amounted to $513,794. Initial licence fees payable on the grant of a licence were $5,000.

23. Statement of Capital Accumulation

The Statement of Capital Accumulation has been restated to enable compliance with the Minister for Finance's Guidelines for Financial Statements of Commonwealth Entities, which were revised in June 1990. The Guidelines require that the Capital Accumulation balance only include those amounts provided in Appropriation Act No 2 and Appropriation Act No 4.

The following components of Statements of Capital Accumulation issued in the financial years prior to 1989-90 are now reflected as part of the Accumulated Deficits balance ($771,723 debit 1989-90) and ($1,697,987 debit 1988-89) in the Statement of Assets and Liabilities:

Prior year adjustments pertaining to the write off of non-current assets and the related writeback of depreciation on those same non-current assets [finan­ cial effect prior to 1989-90 $244,866 debit];

Funds provided for capital expenditure under Appropriation Act No 1 and No 3 [financial effect prior to 1989-90 is $1,665,246 credit]; and

Accumulated Deficits transferred from the Statement of Activity to the State­ ment of Capital Accumulation [financial effect prior to 1989-90 $3, 118,367 debit].

228 24. Members

The following persons held the position of Member or Associate Member of the Australian Broadcasting Tribunal throughout the financial year ended 30 June 1990.

D O'Connor (Chairman) Appointed 24 March 1986 Resigned 24June 1990 P Westerway (Vice Chairman) Appointed 4 October 1988 J James-Bailey Appointed 31 January 1984 Resigned 31July1989 VRubensohn Appointed 6 October 1987 Resigned 18 August 1989 K Wilson Appointed 1December1987 B Allen Appointed 26 April 1988 S Brooks Appointed 1 August 1988 M Ramsden Appointed 26 September 1988 G Negus (Associate) Appointed 31 August 1988 Resigned 20 December 1989 P Sheehan (Associate) Appointed 31August1988 Resigned 20 December 1989 P Edgar (Associate) Appointed 31August1988 Resigned 20 December 1989

25. Insurance

Consistent with Commonwealth Government policy the Tribunal acts as its own insurer. Losses are expensed as incurred.

26. Recasting of Previous Year's Figures

In some instances previous year's figures have been recast in order to conform with the current year's revised format of the financial statements.

229