STATUTORY RULES

1966 No.

REGULATIONS UNDER THE BROADCASTING AND TELEVISION ACT 1942-1965.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Broadcasting and Television Act 1942-1965.

Dated this twenty-eighth day of October, 1966

CASEY

Governor-General.

By His Excellency’s Command,

Postmaster-General.

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Broadcasting and Television Regulations

Citation.

1. These Regulations may be cited as the Broadcasting and Television Regulations.

Repeal and saving.

2.—(1.) The Broadcasting and Television Regulations (comprising Statutory Rules 1961, No. 81; 1963, No. 11; 1964, No. 127; and 1966, No. 25) are repealed.

(2.) A person who, immediately before the commencement of these Regulations, was an officer authorized for the purposes of the regulations repealed by the last preceding sub-regulation shall be deemed to be an officer authorized by the Minister for the purposes of these Regulations.

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“broadcast listener’s licence” means a broadcast listener’s licence granted under section 125 of the Act;

“combined receiving licence” means a combined receiving licence granted under section 126aa of the Act;

“granted” includes renewed;

“hirer’s licence” means a hirer’s licence granted under section 126a of the Act;

“keeper” has the same meaning as in section 126b of the Act;

“licence” means a broadcast listener’s licence, a television viewer’s licence, a combined receiving licence, a hirer’s licence or a lodging house licence;

“lodging house” has the same meaning as in section 126b of the Act;

“lodging house licence” means a lodging house licence granted under section 126b of the Act;

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14* Notified in the Commonwealth Gazette on , 1966.

2316/66.—Price 15c (1s. 6d.) 10/1.8.1966

“officer” means an officer authorized by the Minister for the purposes of these Regulations;

“pensioner” has the same meaning as in sub-section (4.) of section 128 of the Act;

“receiver” means a broadcast receiver or a television receiver;

“television viewer’s licence” means a television viewer’s licence granted under section 126 of the Act;

“the Act” means the Broadcasting and Television Act 1942-1965;

“Zone 1” and “Zone 2” have the same respective meanings as in section 127 of the Act.

(2.) A reference in these Regulations to an address specified in a licence shall be read as including, in an appropriate case, a reference to an address to which the address specified in the licence has been, or has been deemed to have been, altered.

Territories of the Commonwealth.

4. For the purposes of these Regulations—

(a) the Australian Capital Territory, the Territory accepted by the Commonwealth under the Jervis Bay Territory Acceptance Act, 1915 and described in the agreement set out in the Schedule to that Act and Norfolk Island shall be deemed to be part of the State of New South Wales;

(b) the Northern Territory of Australia shall be deemed to be part of the State of South Australia; and

(c) the Territory of Papua and the Territory of New Guinea shall be deemed to be part of the State of Queensland.

Functions of Board in relation to conditions of licences.

5.—(1.) The functions of the Australian Broadcasting Control Board include the performance of the duty of duly considering and deciding applications to the Board in relation to matters which, under any condition of a licence under the Act in respect of a broadcasting station or television station, may be the subject of application to the Board.

(2.) In performing its function under this regulation, the Board shall, subject to the Act and the terms and conditions of the licence concerned, proceed in such manner, and after notice to such persons, as it thinks proper, and may inform itself in such manner as it thinks fit.

Exemption from licensing provisions of Act— representatives of other countries.

6.—(1.) This regulation applies to a person—

(a) who—

(i) is an Ambassador, High Commissioner, Minister Plenipotentiary, Charge d’Affaires or other chief diplomatic representative appointed to represent another country in Australia, or a Consul-General, Consul or Vice-Consul in Australia of another country;

(ii) is a citizen of the country represented by him; and

(iii) is not, otherwise than in his diplomatic or consular capacity, engaged in a business, occupation or profession;

(b) who is a member of the staff of a person to whom the last preceding paragraph applies and is a citizen of the country represented by that person;

(c) who is the spouse or a dependant child of a person to whom either of the last two preceding paragraphs applies; or

(d) who is a foreign tourist and has not been resident in Australia for a period exceeding six months.

(2.) Sub-section (6.) of section 125 of the Act and sub-section (6.) of section 126 of the Act do not apply to, or in relation to, a person to whom this regulation applies.

Exemption from licensing provisions of Act— demonstrations to prospective purchasers.

7. Where—

(a) the holder of a broadcast listener’s licence or a television viewer’s licence—

(i) manufactures or trades in receivers of the kind referred to in the licence; and

(ii) establishes a receiver of that kind for demonstration purposes at the address of a prospective purchaser;

(b) the receiver is established at that address—

(i) if that address is within twenty miles from a General Post Office in the capital city of a State—for a period of not more than seven days; or

(ii) in any other case—for a period of not more than fourteen days; and

(c) an invoice or other document, indicating the date on which the receiver was established at that address for demonstration purposes, is affixed to the receiver during the period it is so established,

the receiver shall be deemed to be in the possession of the holder of the licence, and at the address specified in the licence, during the period it is so established for demonstration purposes, and sub-section (6.) of section 125 of the Act or sub-section (6.) of section 126 of the Act, as the case requires, does not apply to, or in relation to, the prospective purchaser during that period.

Exemption from licensing provisions of Act— one licence only required for institution’s receivers.

8.—(1.) In this regulation, “institution” means—

(a) a public hospital;

(b) a charitable institution; or

(c) a private hospital or a home for aged persons conducted on a non-profit basis by an organization that, for the purposes of these Regulations, has been approved by the Minister or by an officer, by writing under his hand, as a non-profit-making organization.

(2.) Where a broadcast listener’s licence granted to an organization that conducts an institution is in force in respect of a broadcast receiver used for the benefit of inmates of the institution—

(a) sub-section (6.) of section 125 of the Act does not apply in relation to any other broadcast receiver used for the benefit of inmates of the institution or in relation to a broadcast receiver made available by the organization, and used, for the benefit of a person receiving, in his home, medical care from the institution; and

(b) sub-section (2.) of section 126b of the Act does not apply in relation to any other broadcast receiver used for the benefit of inmates of the institution.

(3.) Where a television viewer’s licence granted to an organization that conducts an institution is in force in respect of a television receiver used for the benefit of inmates of the institution—

(a) sub-section (6.) of section 126 of the Act does not apply in relation to any other television receiver used for the benefit of inmates of the institution or in relation to a television receiver made available by the organization, and used, for the benefit of a person receiving, in his home, medical care from the institution; and

(b) sub-section (2.) of section 126b of the Act does not apply in relation to any other television receiver used for the benefit of inmates of the institution.

Exemption of blind persons and persons conducting schools from provisions of the Act relating to lodging house licences.

9. Where—

(a) a blind person over the age of sixteen years; or

(b) a person or authority conducting a school, has been approved by the Minister or by an officer, by writing under his hand, as a person to whom, or an authority to which, this regulation applies, sub-section (2.) of section 126b of the Act—

(c) does not apply to or in relation to a receiver in a room or part of a lodging house occupied by that blind person; and

(d) does not apply to or in relation to that person or authority, as the case may be.

Exemption from provisions of Act relating to lodging house licences.

10.—(1.) Sub-section (2.) of section 126b of the Act does not apply in relation to a receiver in a lodging house, being a receiver—

(a) let out on hire to the keeper of the lodging house; and

(b) to which an appropriate current hirer’s licence applies.

(2.) Where—

(a) the keeper of a lodging house has a receiver permanently installed or located in a part of the lodging house which—

(i) is a part of the lodging house available for use by all lodgers in the lodging house; and

(ii) is not a part of the lodging house available for use only by one lodger or by the lodgers included in a specified class of lodgers;

(b) the keeper of the lodging house holds—

(i) if the receiver is a broadcast receiver—a current broadcast listener’s licence; or

(ii) if the receiver is a television receiver—a current television viewer’s licence; and

(c) the address specified in the licence is the address of the lodging house,

sub-section (2.) of section 126b of the Act does not apply in relation to that receiver.

Exceptions to section 126A (3.) of the Act.

11.—(1.) In this regulation, the word’ “hire” has the same meaning as in section 126a of the Act.

(2.) A person who carries on a business that consists in whole or in part of the letting out on hire of television receivers is not guilty of an offence against sub-section (3.) of section 126a of the Act if the number of television receivers that are let out on hire by him at the relevant time does not exceed the number that is obtained by adding to the number of television receivers in respect of which television hirer’s licences granted to him are in force at that time the number of television receivers to which this regulation applies that are let out on hire by him at that time, and—

(a) each receiver so let out on hire, not being a receiver to which this regulation applies, is marked in accordance with regulation 14 of these Regulations or there is attached in accordance with that regulation a current hirer’s licence in respect of that receiver; and

(b) each receiver so let out on hire, being a receiver to which this regulation applies, is marked in accordance with sub-regulation (2.) of regulation 14 of these Regulations.

(3.) A person who carries on a business that consists in whole or in part of the letting out on hire of broadcast receivers is not guilty of an offence against sub-section (3.) of section 126a of the Act if the number of broadcast receivers that are let out on hire by him at the relevant time does not exceed the number that is obtained by adding to the number of broadcast receivers in respect of which broadcast hirer’s licences granted to him are in force at that time the number of broadcast receivers to which this regulation applies that are let out on hire by him at that time, and—

(a) each broadcast receiver so let out on hire, not being a receiver to which this regulation applies, is marked in accordance with regulation 14 of these Regulations or there is attached in accordance with that regulation a current hirer’s licence in respect of that receiver; and

(b) each receiver so let out on hire, being a receiver to which this Regulation applies, is marked in accordance with sub-regulation (2.) of regulation 14 of these Regulations.

(4.) This regulation applies to a television receiver or a broadcast receiver that is—

(a) let out on hire to a person to whom regulation 6 of these Regulations applies;

(b) let out on hire to an organization that is the holder of an appropriate current licence and conducts an institution within the meaning of regulation 8 of these Regulations, being a receiver—

(i) used for the benefit of the inmates of that institution; or

(ii) made available by the organization, and used, for the benefit of a person receiving, in his home, medical care from the institution; and

(c) let out on hire to a person or authority that has been approved under regulation 9 of these Regulations as a person to whom, or an authority to which, that regulation applies.

(5.) Where a person carrying on the business of letting out receivers on hire, lets out on hire for the use at one address more than one television receiver to a person or to a person and a member of his family, not being a person or member who is the keeper of a lodging house, each of those receivers other than one of them is a television receiver to which this regulation applies.

(6.) Where a person carrying on the business of letting out receivers on hire, lets out on hire for the use at one address more than one broadcast receiver to a person or to a person and a member of his family, not being a person or a member who is the keeper of a lodging house, each of those receivers other than one of them is a broadcast receiver to which this regulation applies.

Fees for hirer’s licences.

12.—(1.) The fee payable for a hirer’s licence, or a renewal of a hirer’s licence, is a fee determined in accordance with this regulation.

(2.) The fee payable for a hirer’s licence granted for a period of twelve months in respect of one broadcast receiver only, or a renewal of such a licence, is—

(a) in the case of a hirer’s licence in respect of a broadcast receiver let out on hire for use in Zone 1—Five dollars and fifty cents;

(b) in the case of a hirer’s licence in respect of a broadcast receiver let out on hire for use in Zone 2—Two dollars and eighty cents.

(3.) The fee payable for a hirer’s licence granted for a period of twelve months in respect of one television receiver only, or a renewal of such a licence, is Twelve dollars.

(4.) The fee payable for a hirer’s licence granted for a period of twelve months in respect of one receiver only that is let out on hire to a pensioner as defined by sub-section (4.) of section 128 of the Act, or a renewal of such a licence, is, where the pensioner produces to the person from whom the receiver is hired a certificate by the Minister or by an officer stating that the pensioner would, if be obtained a broadcast listener’s licence or a television viewer’s licence, as the case may be, in respect of the receiver, be entitled to obtain such a licence at a reduced fee provided for by sub-section (3.) or (3a.) of that section, a fee equal to that reduced fee.

(5.) The fee payable for a hirer’s licence granted for a period of less than twelve months in respect of one receiver only, or a renewal of such a licence, is the amount that bears to the amount of the fee that would be payable for the licence for twelve months, under whichever of the last three preceding sub-regulations is applicable, the same proportion as the period of days for which the licence is granted bears to three hundred and sixty-five.

(6.) The fee payable for a hirer’s licence in respect of two or more receivers, or a renewal of such a licence, is a fee equal to the sum of the fees, determined in accordance with the preceding provisions of this regulation, that would have been payable if a separate hirer’s licence had been granted in respect of each receiver.

(7.) Where an amount payable in respect of the fee for a hirer’s licence under this regulation is an amount including a fraction of a cent, the amount payable shall be reduced by the amount of the fraction.

Returns by persons letting out receivers on hire.

13.—(1.) It is a condition of a licence applying in respect of more than one receiver that is granted to a person who carries on a business consisting in whole or in part of letting out receivers on hire that the person shall, within a period of seven days after the end of each month of the year, forward to the Accountant, Accounts Branch, Postmaster-General’s Department, in each State in which he carries on business a return in writing, relating to business carried on in that State, setting out in respect of that month—

(a) the maximum number of receivers let out on hire by the holder of the licence at any time during that month; and

(b) the total, in respect of all receivers let out on hire at any time during that month by the holder of the licence, of the number of days in that month that each of those receivers was let out on hire.

(2.) A return referred to in the last preceding sub-regulation shall contain a declaration, signed by the holder of the licence or by a person authorized by him for the purpose, that the statements made in the return are true and correct.

Manner of attaching hirer’s licences and lodging house licences to receivers and manner of marking receivers.

14.—(1.) For the purposes of sub-section (3.) of section 126a of the Act and of sub-section (2.) of section 126b of the Act, a prescribed manner of attaching to a receiver a hirer’s licence in respect of the receiver or a lodging house licence in respect of the receiver, as the case may be, is to enclose the licence in an envelope and to fasten or tie the envelope securely to the back of the receiver or to the inside of the back of the receiver.

(2.) For the purposes of sub-section (3.) of section 126a of the Act—

(a) the particulars to be marked on a receiver are the words “Receiver on hire from” followed by the name and address of the person letting out the receiver on hire; and

(b) a prescribed manner of marking those particulars on the receiver is to stencil or emboss the particulars on the outside of the receiver or on a durable tag securely fastened or tied to the outside of the receiver.

Fees in respect of community television aerials.

15. The fees payable, for the purposes of sub-section (6.) of section 130a of the Act, are—

(a) in respect of the grant of a permit under that section—One hundred dollars; and

(b) in respect of the transfer of a permit under that section—Four dollars.

False statements.

16. A person shall not knowingly make a false or misleading statement in an application (whether written or oral) for a licence or in a return made under regulation 13 of these Regulations.

Ante-dating of licences.

17.—(1.) A case in which—

(a) a person has used, maintained or had in his possession a broadcast receiver for a period in the twelve months immediately preceding the day on which he is granted a broadcast listener’s licence that applies to the broadcast receiver; and

(b) there was not, during, that period, in force under the Act a broadcast listener’s licence that applied to that broadcast receiver,

is a prescribed case for the purposes of sub-section (2.) of section 125 of the Act.

(2.) A case in which—

(a) a person has used, maintained or had in his possession a television receiver for a period in the twelve months immediately preceding the day on which he is granted a television viewer’s licence that applies to the television receiver; and

(b) there was not, during that period, in force under the Act a television viewer’s licence that applied to that television receiver,

is a prescribed case for the purposes of sub-section (2.) of section 126 of the Act.

(3.) A case in which—

(a) a person has used, maintained or had in his possession a broadcast receiver and a television receiver for a period in the twelve months immediately preceding the day on which he is granted a combined receiving licence that applies to the receivers; and

(b) there was not, during that period, in force under the Act a broadcast listener’s licence that applied to that broadcast receiver and a television viewer’s licence that applied to that television receiver,

is a prescribed case for the purposes of sub-section (2.) of section 126aa of the Act.

(4.) A case in which—

(a) a person has, for a period in the twelve months immediately before the day on which he applies for a hirer’s licence, carried on a business that consisted in whole or in part of letting out receivers on hire; and

(b) that person was not, in that period, the holder of an appropriate current hirer’s licence or appropriate current hirer’s licences equal to the number of receivers so let out on hire,

is a prescribed case for the purposes of sub-section (5.) of section 126a of the Act.

(5.) A case in which—

(a) the keeper of a lodging house, has, for a period in the twelve months immediately preceding the date on which he applies for a lodging house licence, has caused, suffered or permitted a receiver (other than a receiver provided by a lodger or tenant for his own use) to be in a room or part of the lodging house occupied, or available for occupation, by lodgers or tenants; and

(b) the person was not, in that period, the holder of an appropriate current lodging house licence applicable in respect of that receiver,

is a prescribed case for the purposes of sub-section (5.) of section 126b of the Act.

(6.) Expressions in sub-regulation (4.) of this regulation have the same meaning as in section 126a of the Act and expressions in the last preceding sub-regulation have the same meaning as in section 126b of the Act.

Licences not transferable.

18. Subject to sub-section (7.) of section 126a of the Act and subsection (7.) of section 126b of the Act, a licence is not transferable from one person to another.

Address of licensee.

19. A holder of a licence shall, within two weeks after a change in his address, notify the Accountant, Accounts Branch, Postmaster-General’s Department, in the State in which he resided before the change, of his new address, and the address so notified shall then be deemed to be the address specified in the licence.

Cases in which refunds of licence fees may be made.

20. Each of the cases specified in the Schedule to these Regulations is a prescribed case for the purposes of section 128a of the Act.

Licensees who do not renew licences.

21. Where a person who is the holder of a licence does not intend to renew his licence, he shall in writing notify accordingly the Accountant, Accounts Branch, Postmaster-General’s Department, in the capital city in the State in which he resides, or a postmaster, within seven days after the date of expiry of the licence.

Infringement of patents.

22. The grant of a licence does not relieve the licensee of responsibility for an infringement by him of a patent for an invention.

Extension leads not allowed.

23. A person shall not permit an extension lead to be taken from a broadcast receiver for the purpose of enabling broadcast programmes to be received at an address that is not specified in a licence applying to the receiver.

Interference to reception.

24.—(1.) A person shall not use a receiver in such a manner as to cause interference to the reception of the programmes of broadcasting stations or television stations.

(2.) It is a condition of a licence that a receiver to which the licence applies will not be used, or be permitted to be used, in contravention of the last preceding sub-regulation or in such a manner as to cause interference to the reception of any wireless signals.

Broadcast listeners and television viewers not to divulge certain communications.

25. A person shall not, without lawful authority, divulge or make any use whatsoever of the contents of a wireless communication, not being a communication transmitted by a broadcasting station or a television station whether situated in Australia or elsewhere.

Inspection of licences and receivers.

26.—(1.) A person who is the holder of a licence or who is in possession of a receiver to which a licence is attached shall, upon demand at any reasonable time by an officer, make the licence available for inspection by the officer.

(2.) A person who is in possession of a receiver shall, upon demand at any reasonable time by an officer, make the receiver available for inspection by the officer.

THE SCHEDULE

Regulation 20

PRESCRIBED CASES IN WHICH REFUNDS OF LICENCE FEES MAY BE MADE.

The Schedule—continued

The Schedule—continued

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra