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Parliamentary Proceedings Broadcasting Act 1946

Authoritative Version
Act No. 20 of 1946 as amended, taking into account amendments up to Act No. 3 of 1994
An Act to provide for the Broadcasting of the Proceedings of the Houses of the Parliament, and for other purposes
Administered by: Communications and the Arts
Start Date 18 Jan 1994
Table of contents.

Parliamentary Proceedings Broadcasting Act 1946

Act No. 20 of 1946 as amended

This compilation was prepared on 8 September 2000
taking into account amendments up to Act No. 3 of 1994

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation....................................................................................... 1

3A......... Application to the Territories............................................................... 2

4............ Broadcasting of parliamentary proceedings......................................... 2

5............ Constitution of Committee.................................................................. 2

6............ Tenure of office of members of Committee......................................... 3

7............ Resignation......................................................................................... 3

8............ Vacancies............................................................................................ 3

9............ Chairman and Vice‑Chairman............................................................. 3

10.......... Quorum and procedure at meetings..................................................... 3

11.......... Power to sit during recess etc.............................................................. 4

12.......... Functions of Committee...................................................................... 4

13.......... Delegation to Sub‑Committee............................................................. 4

13A....... Recording of parliamentary proceedings............................................. 5

14.......... Re‑broadcasting of parliamentary proceedings.................................... 6

15.......... No action for broadcasting parliamentary proceedings........................ 6

16.......... Section 117 of Broadcasting and Television Act inapplicable............. 6

17.......... Regulations......................................................................................... 6

Notes                                                                                                               7

 


An Act to provide for the Broadcasting of the Proceedings of the Houses of the Parliament, and for other purposes

1  Short title [see Note 1]

                   This Act may be cited as the Parliamentary Proceedings Broadcasting Act 1946.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which it receives the Royal Assent.

3  Interpretation

             (1)  In this Act, unless the contrary intention appears:

joint sitting means a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor‑General in pursuance of section 57 of the Constitution or held pursuant to any Act.

national broadcasting station means a radio station used to provide national broadcasting services within the meaning of section 13 of the Broadcasting Services Act 1992.

the Committee means the Joint Committee on the Broadcasting of Parliamentary Proceedings appointed under this Act.

             (2)  In this Act:

                     (a)  a reference to televising shall be read as a reference to the transmission from a television station of visual images, with or without accompanying sound; and

                     (b)  a reference to re‑broadcasting of proceedings shall be read as a reference to broadcasting from a sound recording of proceedings.

             (3)  Sections 14, 15 and 16 apply in relation to proceedings of a joint sitting as if:

                     (a)  a reference to broadcasting of proceedings included a reference to televising of proceedings; and

                     (b)  a reference to re‑broadcasting of proceedings included a reference to televising from a recording of proceedings.

3A  Application to the Territories

                   This Act extends to all the external Territories.

4  Broadcasting of parliamentary proceedings

             (1)  Notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983, the Australian Broadcasting Corporation shall broadcast the proceedings of the Senate, the House of Representatives or a joint sitting from:

                     (a)  a medium‑wave national broadcasting station in the capital city in each State and in the city of Newcastle in the State of New South Wales; and

                     (b)  such other national broadcasting stations (including shortwave national broadcasting stations) as are prescribed;

upon such days and during such periods as the Committee determines.

             (2)  Notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983, but subject to subsection (3) of this section, the Australian Broadcasting Corporation may televise the whole or a part of the proceedings of a joint sitting.

             (3)  The Committee may make determinations requiring the Australian Broadcasting Corporation to exercise its powers under subsection (2) or otherwise relating to the exercise of those powers, and the Corporation shall act in accordance with any such determination.

5  Constitution of Committee

             (1)  At the commencement of the first session of every Parliament, a Joint Committee of nine members of the Parliament, to be called the Joint Committee on the Broadcasting of Parliamentary Proceedings, shall be appointed according to the practice of the Parliament with reference to the appointment of members to serve on Joint Select Committees of both Houses of the Parliament.

             (2)  One of the members of the Committee shall be the President of the Senate, one member shall be the Speaker of the House of Representatives, and, of the other seven members of the Committee, two shall be members of, and appointed by, the Senate and five shall be members of, and appointed by, the House of Representatives.

6  Tenure of office of members of Committee

                   The members of the Committee shall hold office as a Joint Committee until the House of Representatives for the time being expires by dissolution or effluxion of time.

7  Resignation

             (1)  Any member of the Committee (other than the President of the Senate and the Speaker of the House of Representatives) may resign his seat on the Committee by writing under his hand addressed to the President of the Senate if he be a Senator, or to the Speaker of the House of Representatives if he be a member of the House of Representatives.

             (2)  The seat of any member of the Committee shall be deemed to have become vacant if he ceases to be a Senator or a member of the House of Representatives (as the case may be).

8  Vacancies

                   Where the seat of any member of the Committee (other than the President of the Senate or the Speaker of the House of Representatives) becomes vacant, it shall be filled by appointment according to the practice referred to in section 5 within fifteen sitting days after the happening of the vacancy if the House of the Parliament of which he is a member is then sitting, or, if not, then within fifteen sitting days after the next meeting of that House.

9  Chairman and Vice‑Chairman

                   There shall be a Chairman and a Vice‑Chairman of the Committee, who shall be elected by the members of the Committee at their first meeting, or as soon thereafter as is practicable.

10  Quorum and procedure at meetings

                   At any meeting of the Committee:

                     (a)  five members shall form a quorum;

                     (b)  the Chairman or, in his absence, the Vice‑Chairman or, in the absence of both the Chairman and the Vice‑Chairman, a member elected by the members present, shall preside;

                     (c)  all questions shall be decided by a majority of the votes of the members present; and

                     (d)  the Chairman or other member presiding shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

11  Power to sit during recess etc.

                   The Committee may sit and transact business during any adjournment or recess as well as during the session, and may sit at such times (including times while either House of the Parliament is actually sitting or during a joint sitting) and in such places, and conduct their proceedings in such manner, as they deem proper.

12  Functions of Committee

             (1)  The Committee shall consider and specify in a report presented to each House of the Parliament, the general principles upon which there should be determined the days upon which, and the periods during which, the proceedings of the Senate and the House of Representatives shall be broadcast.

             (2)  The Committee shall, in accordance with general principles specified by the Committee and adopted by each House of the Parliament, determine the days upon which, and the periods during which, the proceedings of either House of the Parliament shall be broadcast.

             (3)  The Committee shall determine the days upon which, and the periods during which, the proceedings of a joint sitting shall be broadcast.

13  Delegation to Sub‑Committee

             (1)  The Committee may delegate to a Sub‑Committee of the Committee, consisting of two Senators and two members of the House of Representatives, the power to determine the days upon which, and the periods during which, the proceedings of either House of the Parliament or of a joint sitting shall be broadcast or its power to determine any matter in accordance with subsection (3) of section 4, and any determination of the Sub‑Committee shall, for the purposes of this Act, be deemed to be a determination of the Committee.

             (2)  Two members of the Sub‑Committee shall form a quorum.

             (3)  No delegation under this section shall prevent the exercise of any power by the Committee.

             (4)  The Sub‑Committee may sit and transact business during any adjournment or recess as well as during the session, and may sit at such times (including times while either House of the Parliament is actually sitting or during a joint sitting) as they deem proper.

13A  Recording of parliamentary proceedings

             (1)  In this section, Corporation means the Australian Broadcasting Corporation.

             (2)  The Corporation may make a sound recording of any proceedings of either House of the Parliament or of a joint sitting and shall make a sound recording of any such proceedings when directed so to do by the Chairman or Vice‑Chairman of the Committee.

          (2A)  The Corporation may, with the consent of the Chairman or Vice‑Chairman of the Committee, make a visual recording, with or without accompanying sound, of any proceedings of a joint sitting, and shall make such a recording when directed so to do by the Chairman or Vice‑Chairman of the Committee.

             (3)  The Corporation shall, within such period as the Committee from time to time directs, deliver to the Chairman or Vice‑Chairman of the Committee any recording made by the Corporation in pursuance of this section.

             (4)  Where the Committee considers that a recording made by the Corporation in pursuance of this section is of sufficient historic interest to justify its being permanently preserved, the Committee may make such arrangements as it thinks fit for the permanent safe keeping of the recording.

             (5)  Where the Committee does not make arrangements for the permanent safe keeping of a recording, the Committee shall cause the recording to be destroyed.

14  Re‑broadcasting of parliamentary proceedings

             (1)  The Committee shall have power to determine the conditions in accordance with which a re‑broadcast may be made of any portion of the proceedings of either House of the Parliament or of a joint sitting.

             (2)  No re‑broadcast shall be made of any portion of the proceedings of either House of the Parliament or of a joint sitting otherwise than in accordance with the conditions so determined.

15  No action for broadcasting parliamentary proceedings

                   No action or proceeding, civil or criminal, shall lie against any person for broadcasting or re‑broadcasting any portion of the proceedings of either House of the Parliament or of a joint sitting.

16  Section 117 of Broadcasting and Television Act inapplicable

                   The provisions of sections 79A and 79B of the Australian Broadcasting Corporation Act 1983, clauses 3, 4 and 5 of Part 2 of Schedule 2 to the Broadcasting Services Act 1992 and sections 70A and 70B of the Special Broadcasting Services Act 1991 shall not apply to the Broadcasting or re‑broadcasting of any proceedings of either House of the Parliament or of a joint sitting.

17  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which, by this Act, are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Notes to the Parliamentary Proceedings Broadcasting Act 1946

Note 1

The Parliamentary Proceedings Broadcasting Act 1946 as shown in this compilation comprises Act No. 20, 1946 amended as indicated in the Tables below.

Table of Acts

 

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

 

Parliamentary Proceedings Broadcasting Act 1946

20, 1946

5 July 1946

5 July 1946

 

Parliamentary Proceedings Broadcasting Act 1960

35, 1960

8 June 1960

8 June 1960

Parliamentary Proceedings Broadcasting Act 1973

94, 1973

30 Aug 1973

30 Aug 1973

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Parliamentary Proceedings Broadcasting Act 1974

32, 1974

1 Aug 1974

1 Aug 1974

S. 4(2)

Parliamentary Joint Sittings Amendment Act 1981

39, 1981

1 May 1981

1 May 1981

Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983

7, 1983

1 June 1983

Ss. 1, 2, 15(1) and 24: Royal Assent
Remainder: 1 July 1983 (see s. 2(2) and Gazette 1983, No. S124)

Broadcasting and Television (Consequential Amendments) Act 1985

67, 1985

5 June 1985

1 Jan 1986

S. 4

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992

105, 1992

9 July 1992

5 Oct 1992 (see s. 2 and Gazette 1992, No. GN38)

Australian Broadcasting Corporation Amendment Act 1993

3, 1994

18 Jan 1994

18 Jan 1994


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 3......................................

am. No. 94, 1973; No. 32, 1974; No. 39, 1981; No. 67, 1985; No. 105, 1992; No. 3, 1994

S. 3A...................................

ad. No. 94, 1973

 

am. No. 216, 1973

S. 4......................................

am. No. 94, 1973; No. 32, 1974; No. 7, 1983; No. 67, 1985; No. 3, 1994

S. 5......................................

am. No. 94, 1973

S. 8......................................

am. No. 94, 1973

Ss. 11–13............................

am. No. 32, 1974

S. 13A.................................

ad. No. 35, 1960

 

am. No. 32, 1974; No. 7, 1983

Ss. 14, 15............................

am. No. 32, 1974

S. 16....................................

am. No. 94, 1973; No. 32, 1974; No. 67, 1985; No. 105, 1992