Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:1_1
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 847822–850002

1  Control—general
 (1) This Schedule is intended to provide a means of finding out who is in a position to exercise control of commercial television broadcasting licences, commercial radio broadcasting licences, subscription television broadcasting licences, international broadcasting licences, newspapers and companies and a means of tracing company interests.
This Schedule recognises that the concept of control of a licence, a newspaper or a company can be a complex one.
The holding of company interests is not the only way to be in a position to exercise control. Clauses 2 and 3 set out the rules for deciding when a position to exercise control exists. While company interests may be important in deciding that question, they are only one issue. In some cases, it may be important to look at agreements and arrangements between people and at accustomed courses of conduct between people. In this respect, the definition of associate in section 6 of this Act is important.
A person who has company interests exceeding 15% in a company is regarded as being in a position to control the company.
Control of a company may also come about through company interests of 15% or less. This could happen where a person holds company interests of say 10% but no other person holds company interests of more than say 2% and those other persons do not act in concert.
A person may be in a position to exercise control of only the media activities of a licensee or a newspaper, but that position is nevertheless to be regarded as a position to exercise control of the licence or the newspaper.
 (2) Because of the complexities involved in this area, it is not possible to provide rules which will give a definite answer in all cases. Therefore, the ACMA is given a monitoring role over the broadcasting industry and suitable powers of investigation in order to reach a conclusion as to whether a person is in a position to exercise control or not. In order to provide certainty for persons involved in those industries, the ACMA is also given, under section 74, a power to give a binding opinion on the question of control.

Part 2—When person is in a position to exercise control