Broadcasting and Television Act 1942

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Broadcasting and Television Act 1942

- C2004C02564
No longer in force
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Act No. 33 of 1942 as amended, taking into account amendments up to Act No. 216 of 1973

Registered	23 Nov 2009

Start Date	31 Dec 1973
End Date	17 Sep 1974
Date of repeal	05 Oct 1992
Repealed by	Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992

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BROADCASTING AND TELEVISION ACT 1942
- Reprinted as at 19 December 1973 (HISTACT CHAP 1936 #DATE 19:12:1973)

BROADCASTING AND TELEVISION ACT 1942-1973 - TABLE OF PROVISIONS

TABLE

BROADCASTING AND TELEVISION ACT 1942-1973 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. (Repealed) 4. Interpretation 5. (Repealed) 6. Application to the Territories PART II-THE AUSTRALIAN BROADCASTING CONTROL BOARD Division 1-Establishment and Constitution of the Board 7. Australian Broadcasting Control Board 8. Constitution of Board 9. Term of office of members 10. Meetings of Board 11. Remuneration and allowances of members of the Board 12. Leave of absence 13. Dismissal and vacation of office 14. Delegation by Board 15. Officers Division 2-Powers and Functions of the Board 16. Powers and functions of Board 17. Orders, &c., of the Board Division 3-Inquiries by the Board 18. Board may hold inquiries 19. Board may take evidence on oath 20. Notice of time and place fixed for inquiries 21. Power to examine upon oath 21A. Briefing of counsel to assist Board 22. Representation before Board 23. Protection of members of the Board 24. Proceedings for defamation not to lie 25. Board not bound by rules of evidence, &c. Division 4-Finances of the Board 26. Moneys payable to Board 27. Bank accounts 27A. Application of moneys 27B. Accounts and records to be kept 27C. Particulars of proposed expenditure 27D. Audit Division 5-Miscellaneous 28. Annual Report of Board 28A. Postmaster-General may provide facilities on behalf of the Board 29. Advisory committees PART III-THE NATIONAL BROADCASTING SERVICE AND THE NATIONAL TELEVISION SERVICE Division 1-Establishment and Constitution of the Commission 30. Commission 31. Composition of Commission 32. Term of office of Commissioners 33. Remuneration and allowances of Commissioners 34. Illness or absence of Chairman 35. Illness or absence of Commissioners 36. Leave of absence 37. Dismissal and vacation of office 38. Disclosure of interest in contracts 39. Meetings of Commission 40. Delegation Division 2-The Service of the Commission 41. Definition 42. Preservation of certain awards, &c. 43. Officers and employees 44. (Repealed) 45. Creation and abolition of positions 46. Reclassification 46A. Approval of Minister to certain classifications 47. Filling of vacant positions 48. Selection of officers for promotion 48A. Promotion of officers who complete courses of training for special positions 49. Appeals against promotions 50. Promotions Appeal Board 51. Tenure of office 52. Excess officers 53. (Repealed) 54. Appointments to be on probation 55. Retirement of inefficient, &c., officers 56. Dismissal, reduction in status, fine, &c., for misconduct 57. Appeals 58. Disciplinary Appeal Board Division 3-Powers and Functions of the Commission 59. Functions of Commission 60. Publication of journals, &c. 61. Power to purchase and dispose of assets 62. Agreements to receive approval in certain cases 63. Studios to be provided by Commission 64. Authorized transmissions 65. Advertisements 66. News services 67. Bands and orchestras 68. Moneys payable to Commission 69. Bank accounts 70. Application of moneys 71. Accounts and records to be kept 71A. Particulars of proposed expenditure 71B. Audit 72. Exemption of income, &c., of Commission from rates, taxes and charges Division 5-Technical Services 73. Postmaster-General to provide transmitting stations, &c., for broadcasting programmes 74. Postmaster-General to provide transmitting stations, &c., for television programmes 75. Lines for conveyance of electric current to stations 76. Indemnity to Postmaster-General Division 6-Miscellaneous 77. Minister may require Commission to refrain from broadcasting or televising any matter 78. Report and financial statement 78A. Action taken under sections 64 or 77 to be reported to the Parliament 79. Commission to assume certain obligations and liabilities PART IV-THE COMMERCIAL BROADCASTING SERVICE AND THE COMMERCIAL TELEVISION SERVICE Division 1-Licences 80. Interpretation 81. Grant of licences 82. Applications for licences 83. Reference of applications to the Board 84. Duration of licences 85. Renewal of licence 86. Revocation and suspension of licences 87. Procedure for revocation 87A. Appeals 88. Transfer of licences 89. Commencement of service Division 2-Limitation of Ownership or Control of Commercial Broadcasting Stations 90. Interpretation 90A. Companies limited by guarantee 90AA. Shares held by trustees of superannuation funds 90B. Tracing of shareholding interests through a series of companies 90C. Limitation of interests in commercial broadcasting stations 90D. Meaning of control of licence 90E. Meaning of control of a company 90F. Directors 90G. Condition as to non-resident shareholding 90H. Licence not to be granted in certain circumstances 90J. Changes in ownership of shares, &c. 90K. Changes in memorandum or articles of association of licensee 90L. Articles to contain certain provisions 90M. Condition as to statutory declarations 90N. Trusts not valid unless notified 90P. Board may require declarations as to beneficial ownership 90Q. Defences 90R. Prosecutions Division 3-Limitation of Ownership or Control of Commercial Television Stations 91. Interpretation 91AA. Companies limited by guarantee 91AB. Shares held by trustees of superannuation funds 91A. Tracing of shareholding interests through a series of companies 91B. Indirect loan interests in licensed companies 92. Limitation of interests in commercial television stations 92A. Meaning of control of licence 92B. Meaning of control of a company 92C. Directors 92D. Condition as to non-resident shareholding 92E. Licence not to be granted in certain circumstances 92F. Changes in ownership of shares, &c. 92FA. Changes in memorandum or articles of association of licensee 92G. Articles to contain certain provisions 92H. Condition as to statutory declarations 92J. Trusts not valid unless notified 92JA. Board may require declarations as to beneficial ownership 92K. Defences 92KA. Prosecutions Division 4-Technical Conditions 93. Technical equipment and operation 94. Situation 95. Operating power 96. Operating frequency 97. Hours of service 98. Inspection Division 5-Programmes 99. Programmes 100. Advertisements 100A. Advertisements for cigarettes, &c. 101. Censorship 102. Transmission of news 103. Broadcasting or televising of religious matter 104. Items of national interest 105. Particulars of programmes to be made available 105A. Action taken under sub-section 99 (3) or section 104 to be reported to the Parliament Division 5A-Television Translator Stations 105B. Grant of television translator station licences 105C. Duration of licences 105D. Revocation and suspension of licences 105E. Transfer of licences 105F. Application of this Act in relation to television translator stations Division 5B-Television Repeater Stations 105G. Grant of television repeater station licences 105H. Duration of licences 105J. Revocation and suspension of licences 105K. Transfer of licences 105L. Application of this Act in relation to television repeater stations Division 6-Miscellaneous

106. Licensee to keep accounts, records, &c. 107. Indemnification of Minister against claim for royalty, &c. 108. Variation of conditions of licences 109. Minister to consider recommendations of Board 110. Lights on masts 111. Notices PART V-GENERAL 112. Transmission of certain messages 113. Commission to make certain programmes available to commercial television stations 113A. Commission may make programmes available to television repeater stations 114. Encouragement of Australian artists 115. Televising of sporting events and entertainments 116. Broadcasting or televising of political matter or controversial matter 117. Names of speakers to be announced 117A. Records of political matter, &c. 118. Broadcasting or televising of objectionable items 119. Restrictions on participation in broadcasts or television 120. Publication of text of item transmitted by broadcasting or television 121. Broadcasting programmes of other stations prohibited 122. Medical talks 123. Items not to be in code 124. Defamatory broadcast or televised statements 124A. Offence to interfere with the broadcasting or televising of programmes, &c. 125. Broadcast listeners' licences 126. Television viewers' licences 126AA. Combined receiving licence 126A. Hirer's licences 126B. Lodging house licences 126C. Broadcast or television receiver let as part of furnished premises 126D. Grant of licence from past date not to affect liability for offence 127. Zones 128. Licence fees 128A. Refund of fees on surrender of licences 129. Licences subject to Act 130. Certain licences not to be issued under Wireless Telegraphy Act 130A. Community television aerials 131. Control of broadcasting and television in case of emergency 132. Trial of offences 132A. Service by registered post of certain summonses 133. Evidence 134. Regulations

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 1.
Short title.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973

See also the Broadcasting and Television Act (No. 2) 1971 following.
Title amended by No. 64, 1948, s. 3; and No. 33, 1956, s. 5.
An Act relating to Broadcasting and Television, and for other purposes.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Broadcasting and Television Act 1942-1973.*

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall commence on a date to be fixed by Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 4.
Interpretation.

SECT

Substituted by No. 33, 1956, s. 6. Sub-section (1) amended by No. 36, 1960, s. 4; No. 82, 1963, s. 3; No. 67, 1964, s. 3; No. 31, 1969, s. 4; No. 8, 1971, s. 4; and No. 216, 1973, s. 3.
4. (1) In this Act, unless the contrary intention appears-

''approved bank'' means the Reserve Bank of Australia or another bank approved by the Treasurer for the purposes of the provision in which the expression occurs;

''Australia'' includes the Territories;

''authorized officer'', in relation to any provision of this Act, means an officer authorized by the Minister or by the Board for the purposes of that provision;

''broadcast receiver'' means an appliance capable of being used for the reception, by means of wireless telegraphy, of broadcasting programmes, and includes a loud speaker or other receiving device that is connected to such an appliance;

''broadcasting station'' means a station for the transmission by means of wireless telegraphy of broadcasting programmes, that is to say, matter intended for aural reception by the general public, and includes the studio, transmitting station and technical equipment used for the purposes of those programmes;

''commercial broadcasting station'' means a broadcasting station other than a national broadcasting station;

''commercial television station'' means a television station other than a national television station;

''Commissioner'' means a member of the Commission, and includes-

(a) a person, not being a Commissioner, appointed by the Governor-General under section thirty-four of this Act to act as Chairman of the Commission; and

(b) a person appointed under section thirty-five of this Act to perform the functions of a Commissioner during the illness or absence of a Commissioner;

''licence'' means a licence for a commercial broadcasting station or for a commercial television station;

''licensee'' means the holder of a licence;

''member'' means a member of the Board;

''member of his family'', in relation to a person, means a person who is related by blood or marriage, or by reason of adoption, to that person;

''national broadcasting station'' means a broadcasting station used by the Commission for the transmission of its broadcasting programmes;

''national television station'' means a television station used by the Commission for the transmission of its television programmes;

''technical equipment'' includes circuits and other means of transmission from point to point;

''television receiver'' means an appliance capable of being used for the reception, by means of wireless telegraphy, of television programmes;

''television repeater station'' means a station for the transmission by means of wireless telegraphy of television programmes, being a station of low operating power and designed to transmit only programmes recorded on magnetic tape;

''television repeater station licence'' means a licence for a television repeater station;

''television station'' means a station for the transmission by means of wireless telegraphy of television programmes, that is to say, images and associated sound intended for reception by the general public, and includes the studio, transmitting station and technical equipment used for the purposes of those programmes, but does not include a television translator station or a television repeater station;

''television translator station'' means a station for the transmission by means of wireless telegraphy of television programmes, being a station of low operating power and designed to receive and re-transmit signals from a television station, or from another television translator station, without substantially altering any characteristic of the signals other than their frequencies and amplitudes;

''television translator station licence'' means a licence for a television translator station;

''the Board'' means the Australian Broadcasting Control Board constituted under this Act;

''the Commission'' means the Australian Broadcasting Commission constituted under this Act;

''wireless telegraphy'' means the emitting or receiving, over a path which is not provided by a material substance constructed or arranged for that purpose, of electromagnetic energy.

(2) For the purposes of this Act, the Commission or the holder of a licence for a commercial television station shall be deemed to televise matter if it or he transmits that matter, or causes or permits that matter to be transmitted, by means of wireless telegraphy, from a television station in such a manner as to be capable of reception by a television receiver in the form of images or sound or in the form of images and associated sound.
Section 5 repealed by No. 216, 1973, s. 3.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 6.
Application to the Territories.

SECT

Amended by No. 216, 1973, s. 3.
6. The provisions of this Act shall extend to the Territories.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 7.
Part II inserted by No. 64, 1948, s. 6.

SECT

PART II-THE AUSTRALIAN BROADCASTING CONTROL BOARD

Division 1-Establishment and Constitution of the Board
Australian Broadcasting Control Board.
Inserted by No. 64, 1948, s. 6.
7. (1) For the purposes of this Act, there shall be a Board, to be known as the Australian Broadcasting Control Board, which, subject to this Act, shall have and may exercise the rights, powers, authorities and functions conferred upon it by this Act and shall be charged with and perform the duties and obligations imposed upon it by this Act.

(2) The Board shall be a body corporate with perpetual succession and a common seal and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.

(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to any document and shall presume that it was duly affixed.

(4) The exercise of the rights, powers, authorities or functions, or the performance of the duties or obligations, of the Board shall not be affected by reason only of there being a vacancy in the office of a member.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 8.
Constitution of Board.

SECT

Inserted by No. 64, 1948, s. 6. Sub-section (1) amended by No. 82, 1954, s. 3.
8. (1) The Board shall consist of five members, who shall be appointed by the Governor-General.
Inserted by No. 82, 1954, s. 3.

(1A) Two of the members shall be appointed as part-time members.
Amended by No. 82, 1954, s. 3; and No. 21, 1969, s. 3.

(2) The Governor-General shall appoint one of the members, not being a part-time member, to be Chairman of the Board and shall appoint another member, not being a part-time member, to be Vice-Chairman of the Board.
Substituted by No. 82, 1954, s. 3; amended by No. 33, 1956, s. 7.

(3) A person who-

(a) has any financial interest, whether direct or indirect, in any company which is the licensee of, or an applicant for a licence for, a commercial broadcasting station or a commercial television station or manufactures or deals in equipment for the transmission or reception of broadcasting or television programmes;

(b) is a member of the governing body of any company or other association of persons which is the licensee of, or an applicant for a licence for, a commercial broadcasting station or commercial television station; or

(c) is the licensee of, or an applicant for a licence for, a commercial broadcasting station or commercial television station,
shall not be appointed a member of the Board.
Sub-section (4) omitted by No. 36, 1960, s. 5.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 9.
Term of office of members.

SECT

Inserted by No. 64, 1948, s. 6.
Sub-section (1) substituted by No. 36, 1960, s. 6.
9. (1) Each member-

(a) shall be appointed for such term, not exceeding seven years, as the Governor-General determines, but is eligible for re- appointment; and

(b) holds office subject to good behaviour.
Amended by No. 82, 1954, s. 4; and No. 216, 1973, s. 3.

(2) If an officer of the Public Service of the Commonwealth is appointed a member other than a part-time member, his service as a member shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 10.
Meetings of Board.

SECT

Substituted by No. 21, 1969, s. 4.
10. (1) Meetings of the Board shall be held at such times and places as the Chairman of the Board determines or if, for any reason, the Chairman is unable to act, the Vice-Chairman of the Board determines.

(2) The Chairman of the Board or if, for any reason, the Chairman is unable to act, the Vice-Chairman of the Board, shall call a meeting of the Board whenever requested to do so by two members.

(3) At any meeting of the Board at which the Chairman is present, the Chairman and two other members (of whom not more than one shall be a part-time member and of whom one may be the Vice-Chairman) constitute a quorum and, at any meeting of the Board at which the Chairman is not present, the Vice-Chairman and two other members (of whom not more than one shall be a part-time member) constitute a quorum.

(4) The Chairman shall preside at all meetings of the Board at which he is present and, in the event of the absence of the Chairman from a meeting of the Board, the Vice-Chairman shall preside at the meeting.

(5) All questions arising at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and, for this purpose, the member presiding at the meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 11.
Remuneration and allowances of members of the Board.

SECT

Substituted by No. 136, 1971, s. 3.
Sub-section (1) substituted by No. 50, 1973, s. 3.
11.* (1) The Chairman of the Board shall be paid remuneration at such rate as is fixed by the Parliament.
Substituted by No. 50, 1973, s. 3.

(2) A member, other than the Chairman or a part-time member, shall be paid remuneration at such rate as is fixed by the Parliament.

(3) A part-time member shall be paid remuneration at the rate of One thousand nine hundred and fifty dollars a year.

(4) A member shall be paid such prescribed allowances, not including an annual allowance, as are applicable to him.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 12.
Leave of absence.

SECT

Inserted by No. 64, 1948, s. 6.
12. The Minister may grant leave of absence to a member upon such terms and conditions as to remuneration and otherwise as the Minister determines.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 13.
Dismissal and vacation of office.

SECT

Substituted by No. 36, 1960, s. 7.
13. (1) If a member-

(a) becomes permanently incapable of performing his duties;

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

(c) becomes a person who would not be qualified to be appointed as a member;

(d) not being a part-time member-

(i) engages in any paid employment outside the duties of his office without the approval of the Minister; or

(ii) is absent from duty, except on leave of absence granted by the Minister for a period of fourteen consecutive days or for twenty-eight days in any period of twelve months; or

(e) being a part-time member, is absent, except on leave of absence granted by the Minister, from all meetings of the Board held during two consecutive months,
the Governor-General shall, by notice published in the Gazette, declare that the office of the member is vacant, and thereupon the office shall be deemed to be vacant.

(2) A member may resign his office by writing under his hand addressed to the Governor-General, but the resignation is not effective unless and until it has been accepted by the Governor-General.


BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 14. 
Delegation by Board. 

SECT

Inserted by No. 64, 1948, s. 6.

  14. (1) The Board may, in relation to any particular matter or class of
matters, or to any particular place, by writing under its seal, delegate to
any person all or any of its powers and functions under this Act (except this
power of delegation), so that the delegated powers and functions may be
exercised by the delegate with respect to the matter or class of matters, or
to the place, specified in the instrument of delegation.

  (2) Every delegation under this section shall be revocable at will and no
delegation shall prevent the exercise of any power or function by the Board.


BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 15. 
Officers. 

SECT

Inserted by No. 64, 1948, s. 6.

Sub-section (1) amended by No. 216, 1973, s. 3.

  15. (1) Officers and other persons required for the purposes of this Part
shall be employed under the Public Service Act 1922-1973.

Amended by No. 216, 1973, s. 3.
  (2) For the purposes of this section, the Chairman of the Board shall have
all the powers of, or exercisable by, a Permanent Head under the Public
Service Act 1922-1973 so far as those powers relate to the branch of the
Public Service under the control of the Board.

Amended by No. 21, 1969, s. 5.
  (3) The Chairman of the Board may delegate in writing to the Vice-Chairman
of the Board or to an officer under the control of the Board all or any of the
powers and functions vested in or exercisable by the Chairman under this
section (except this power of delegation) so that the delegated powers and
functions may be exercised, in respect of any officers or class of officers
under the control of the Board, by the delegate as fully and effectually as by
the Chairman.

  (4) Every delegation under this section shall be revocable at will and no
delegation shall prevent the exercise of any power or function by the Chairman
of the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 16.
Powers and functions of Board.

SECT

Division 2-Powers and Functions of the Board
Inserted by No. 64, 1948, s. 6.
Sub-section (1) substituted by No.33, 1956, s. 8; amended by No. 36, 1960, s. 8.

16. (1) The functions of the Board are-

(a) to ensure the provision of services by broadcasting stations and television stations in accordance with plans from time to time prepared by the Board and approved by the Minister;

(b) to ensure that the technical equipment and operation of such stations are in accordance with such standards and practices as the Board considers to be appropriate;

(c) to ensure that adequate and comprehensive programmes are provided by commercial broadcasting stations and commercial television stations to serve the best interests of the general public; and

(d) to detect sources of interference, and to furnish advice and assistance in connexion with the prevention of interference, with the transmission or reception of the programmes of broadcasting stations and television stations,
and shall include such other functions in relation to broadcasting stations and television stations as are prescribed.
Substituted by No. 33, 1956, s. 8; amended by No. 33, 1956, s. 62.

(2) The Board may make recommendations to the Minister as to the exercise by the Minister of any power under Part IV of this Act.
Substituted by No. 33, 1956, s. 8; amended by No. 38, 1965, s. 4.

(3) The Board shall have power-

(a) subject to any direction of the Minister, to determine the situation and operating power of a broadcasting station or television station;

(b) subject to any direction of the Minister, to determine the frequency of a broadcasting station and the frequencies of a television station, within bands of frequencies notified to the Board by the Postmaster-General as being available;

(c) to determine the hours during which programmes may be broadcast or televised;

(d) to determine the conditions subject to which advertisements may be broadcast or televised by licensees; and

* * * * * * * *

(f) to conduct examinations as to the competency of persons to operate the technical equipment of broadcasting stations and television stations and to charge fees in respect of those examinations.
Substituted by No. 33, 1956, s. 8.

(4) In exercising its functions and powers under this section in relation to commercial broadcasting stations and commercial television stations, the Board shall consult representatives of those stations.

(5) The Board shall have power, subject to the approval of the Minister and of the Treasurer, to provide financial assistance and other assistance to commercial broadcasting stations, for the purpose of ensuring that programmes of adequate extent, standard and variety are provided in the areas served by those stations.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 17.
Orders, &c., of the Board.

SECT

Inserted by No. 64, 1948, s. 6.
17. (1) For the purpose of exercising its powers and functions under this Act, the Board shall have power to make such orders, give such directions and do all such other things as it thinks fit.

(2) Orders made by the Board-

(a) shall be in writing;

(b) shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903-1939; and

(c) shall have the force of law.
Amended by No. 38, 1965, s. 5.

(3) Sections forty-eight, forty-nine and forty-nine A of the Acts Interpretation Act 1901-1964 shall apply to orders made by the Board in like manner as they apply to regulations.

(4) A person shall not contravene or fail to comply with any provision of an order made by the Board which is applicable to him.

(5) A direction given by the Board may be given orally or in writing.

(6) A direction given orally shall be given to the person required to comply with the direction and thereupon that person shall comply with the direction.

(7) Where a direction is given orally, the Board shall, within twenty-four hours thereafter, record the direction in writing.

(8) A copy of a direction given in writing shall be served personally or by post on the person required to comply with the direction and thereupon that person shall comply with the direction.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 18.
Division 3 inserted by No. 33, 1956, s. 9.

SECT

Division 3-Inquiries by the Board
Board may hold inquiries.
Inserted by No. 33, 1956, s. 9.
18. (1) Before making a recommendation under this Act to the Minister as to any matter, or before taking action under this Act in relation to any matter, the Board may if it thinks fit, and shall if this Act so provides or the Minister so directs, hold an inquiry in accordance with this Division into that matter.
Added by No. 38, 1965, s. 6.

(2) The Minister may direct the Board to hold an inquiry in accordance with this Division into any matter relating to the operation of this Act or the regulations, or to broadcasting or television or both, other than a matter relating to the Commission, its affairs or operations, and the Board shall hold an inquiry accordingly.
Added by No. 38, 1965, s. 6.

(3) A reference in this section to this Act shall be read as including a reference to the regulations.


BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 19. 
Board may take evidence on oath. 

SECT

Inserted by No. 33, 1956, s. 9.

  19. (1) At an inquiry under this Division the Board may take evidence on
oath and, except as provided by the next succeeding sub-section, the evidence
shall be taken in public.

  (2) Where-



  (a)  a person objects to the giving of any evidence before the Board in
public on the ground that the evidence is of a confidential nature; or



  (b)  the Board is satisfied that the taking of any evidence in public would
be prejudicial to the interests of any person,

the Board may direct that the evidence be taken in private and no person who
is not expressly authorized by the Board to be present shall be present during
the taking of that evidence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 20.
Notice of time and place fixed for inquiries.

SECT

Inserted by No. 33, 1956, s. 9.
20. The Board shall fix a time and place for the hearing of an inquiry under this Division and shall cause notice of the time and place so fixed to be given to such persons, and to be published in such newspapers and by such other means, as the Board thinks fit.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 21.
Power to examine upon oath.

SECT

Inserted by No. 33, 1956, s. 9.
21. (1) A member may administer an oath to a person appearing as a witness before the Board at an inquiry under this Division and that member or any other member may examine a witness upon oath.

(2) Where a witness to be examined before the Board conscientiously objects to take an oath, he may make an affirmation that he so objects and that the evidence he will give will be the truth, the whole truth and nothing but the truth.

(3) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 21A.
Briefing of counsel to assist Board.

SECT

Inserted by No. 36, 1960, s. 9.
21A. (1) Where, in relation to an inquiry under this Division, the Board considers that it is desirable so to do, the Board may arrange with the Crown Solicitor for the Commonwealth for a barrister or solicitor to assist the Board at the inquiry.

(2) A barrister or solicitor assisting the Board at an inquiry has the same power to examine witnesses as a member of the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 22.
Representation before Board.

SECT

Inserted by No. 33, 1956, s. 9; amended by No. 36, 1960, s. 10.
22. In proceedings before the Board at an inquiry under this Division, a person who is directly concerned in the proceedings, and, with the approval of the Board, any other person having an interest in the proceedings, may be represented by a barrister, solicitor or agent, who may, subject to any directions of the Board given under sub-section (1) of section twenty-five of this Act, examine witnesses and address the Board on behalf of that person.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 23.
Protection of members of the Board.

SECT

Inserted by No. 33, 1956, s. 9.
23. (1) A member has, in the exercise of his functions as a member at an inquiry under this Division, the same protection and immunity as a Justice of the High Court.
Amended by No. 36, 1960, s. 11.

(2) A barrister or solicitor assisting or appearing before the Board at an inquiry under this Division, and every other person authorized by the Board to appear before it, has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(3) A witness appearing before the Board at an inquiry under this Division has the same protection and is subject to the same liabilities in any civil or criminal proceeding as a witness in proceedings in the High Court.


BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 24. 
Proceedings for defamation not to lie. 

SECT

Inserted by No. 33, 1956, s. 9.

  24. No action or proceeding, civil or criminal, lies-



  (a)  against the Commonwealth, against the Minister, against the Board,
against a member, or against a servant or agent of the Commonwealth or the
Board, in respect of the printing or publishing of a transcript of proceedings
of the Board at an inquiry under this Division; or



  (b)  in respect of the publication in a newspaper, or by means of
broadcasting or television, of a fair and accurate report of proceedings
before the Board at an inquiry under this Division, not being a publication of
any evidence taken in private by the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 25.
Board not bound by rules of evidence, &c.

SECT

Inserted by No. 33, 1956, s. 9.
Sub-section (1) amended by No. 36, 1960, s. 12.
25. (1) The Board shall, without regard to legal forms and solemnities, make a thorough investigation into all matters relevant to an inquiry under this Division, and may give all such directions and do all such things as the Board considers are necessary or expedient for the expeditious and just hearing of the inquiry.

(2) The Board is not bound by legal rules of evidence and may inform itself on any matter in such manner as it thinks fit.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 26.
Heading substituted by No. 8, 1971, s. 6.

SECT

Division 4-Finances of the Board
Moneys payable to Board.
Substituted by No. 8, 1971, s. 6.
26. (1) There are payable to the Board such moneys as are appropriated by the Parliament for the purposes of the Board.

(2) The Treasurer may give directions as to the amounts in which, and the times at which, moneys referred to in the last preceding subsection are to be paid to the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27.
Bank accounts.

SECT

Substituted by No. 8, 1971, s. 6.
27. (1) The Board may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.

(2) The Board shall pay all moneys of the Board into an account referred to in this section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27A.
Application of moneys.

SECT

Inserted by No. 8, 1971, s. 6.
27A. (1) The moneys of the Board shall be applied only-

(a) in payment or discharge of expenses, obligations and liabilities of the Board arising under this Act; and

(b) in payment of remuneration or allowances payable to members and persons acting as members.

(2) The Board shall not expend any moneys otherwise than in accordance with estimates of expenditure approved by the Treasurer.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27B.
Accounts and records to be kept.

SECT

Inserted by No. 8, 1971, s. 6.
27B. The Board shall cause to be kept proper accounts and records of the transactions and affairs of the Board and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Board and over the incurring of liabilities by the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27C.
Particulars of proposed expenditure.

SECT

Inserted by No. 8, 1971, s. 6.
27C. The Board shall, not later than the thirtieth day of April in each year, submit to the Minister particulars of proposed expenditure of the Board for the financial year commencing on the following first day of July.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27D.
Audit.

SECT

Inserted by No. 8, 1971, s. 6.
27D. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Board and records relating to assets of, or in the custody of, the Board, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in the last preceding sub-section.

(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1) of this section.

(4) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Board relating directly or indirectly to the receipt or payment of moneys by the Board or to the acquisition, receipt, custody or disposal of assets by the Board.

(5) The Auditor-General or an officer authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(6) The Auditor-General or an officer authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized officer considers necessary for the purposes of the functions of the Auditor-General under this Part, and the person shall comply with the requirement.

(7) A person who contravenes the last preceding sub-section is guilty of an offence punishable, upon conviction, by a fine not exceeding Two hundred dollars.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 28.
Heading inserted by No. 8, 1971, s. 6.

SECT

Division 5-Miscellaneous
Annual Report of Board.
Inserted by No. 64, 1948, s. 6.
Sub-section (1) amended by No. 33, 1956, s. 11.
28. (1) The Board shall, as soon as practicable after the thirtieth day of June in each year, prepare and furnish to the Minister a report on the operations of the Board during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.
Substituted by No. 8, 1971, s. 7.

(2) Before furnishing financial statements to the Minister, the Board shall submit them to the Auditor-General, who shall report to the Minister-

(a) whether the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records;

(c) whether the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Board during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.
Amended by No. 33, 1956, s. 11.

(3) The report and financial statements of the Board, together with the report of the Auditor-General as to those statements, shall be laid before each House of the Parliament within fifteen sitting days of that House after their receipt by the Minister.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 28A.
Postmaster-General may provide facilities on behalf of the Board.

SECT

Inserted by No. 36, 1960, s. 14.
28A. The Postmaster-General may, at the request and expense of the Board, provide facilities and services required by the Board for the performance of its functions under paragraph (d) of sub-section (1) of section sixteen of this Act.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 29.
Advisory committees.

SECT

Substituted by No. 33, 1956, s. 12.
29. The Board may, with the approval of the Minister, appoint such advisory committees as it thinks fit.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 30.
Heading to Part III substituted by No. 33, 1956, s. 13. PART III-THE
NATIONAL

SECT

BROADCASTING SERVICE AND THE NATIONAL TELEVISION
SERVICE

Division 1-Establishment and Constitution of the Commission
Commission.
30. (1) There shall be a Commission, to be known as the Australian Broadcasting Commission.

(2) The Commission shall be a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.

(3) All Courts, Judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice and shall deem that it was duly affixed.

(4) The Head Office of the Commission shall be established in the Australian Capital Territory on or before a date fixed by the Minister.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 31.
Composition of Commission.

SECT

Sub-section (1) amended by No. 64, 1948, s. 7; and No. 47, 1967, s. 3.
31. (1) The Commission shall consist of nine Commissioners, at least one of whom shall be a woman.
Sub-section (2) omitted by No. 47, 1967, s. 3; sub-section (2A) omitted by No. 33, 1956, s. 14.
* * * * * * * *

(3) The Commissioners shall be appointed by the Governor-General.
Added by No. 47, 1967, s. 3.

(4) The Governor-General shall appoint one Commissioner to be Chairman of the Commission and another Commissioner to be Vice-Chairman of the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 32.
Term of office of Commissioners.

SECT

Substituted by No. 36, 1960, s. 15.
Sub-section (1) amended by No. 47, 1967, s. 4.
32. (1) Each Commissioner-

(a) shall be appointed for a period of three years, but is eligible for re-appointment; and

(b) holds office subject to good behaviour.
Sub-section (2) omitted by No. 47, 1967, s. 4.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 33.
Remuneration and allowances of Commissioners.

SECT

Substituted by No. 136, 1971, s. 3.
33. (1) The Chairman of the Commission, or a person, including the Vice-Chairman of the Commission, appointed by the Governor-General to act as Chairman for a period, shall be paid remuneration at the rate of Six thousand four hundred and fifty dollars a year.

(2) The Vice-Chairman of the Commission (except when the last preceding sub-section is applicable to him), or a person appointed by the Governor-General to perform the functions of the Vice-Chairman, shall be paid a remuneration at the rate of Two thousand six hundred dollars a year.

(3) Except where either of the last two sub-sections is applicable, a Commissioner shall be paid remuneration at the rate of One thousand nine hundred and fifty dollars a year.

(4) A Commissioner shall be paid such prescribed allowances, not including an annual allowance, as are applicable to him.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 34.
Illness or absence of Chairman.

SECT

34. (1) In case of the illness or absence of the Chairman, the Vice-Chairman, if present, shall act as Chairman.

(2) In case of the illness or absence of both the Chairman and the Vice-Chairman, the Commissioners present may appoint one of their number to act as Chairman:

Provided that the Governor-General may, if he thinks fit, appoint a person to act as Chairman for such period as the Governor-General specifies.
Sub-section (3) omitted by No. 33, 1956, s. 17.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 35.
Illness or absence of Commissioners.

SECT

35. (1) In case of illness or absence of any other Commissioner, the Governor-General may, if he thinks fit, appoint a person to perform the functions of the Commissioner during that illness or absence.
Sub-section (2) omitted by No. 33, 1956, s. 18.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 36.
Leave of absence.

SECT

Amended by No. 33, 1956, s. 19.
36. The Minister may grant leave of absence to any Commissioner upon such conditions as to remuneration or otherwise as the Minister thinks fit.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 37.
Dismissal and vacation of office.

SECT

Substituted by No. 36, 1960, s. 16.
37. (1) If a Commissioner-

(a) becomes permanently incapable of performing his duties;

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

(c) is absent, except on leave of absence granted by the Minister, from all meetings of the Commission held during two consecutive months; or

(d) fails to comply with his obligations under the next succeeding section,

the Governor-General shall, by notice published in the Gazette, declare that the office of the Commissioner is vacant, and thereupon the office shall be deemed to be vacant.

(2) A Commissioner may resign his office by writing under his hand addressed to the Governor-General, but the resignation is not effective unless and until it has been accepted by the Governor-General.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 38.
Disclosure of interest in contracts.

SECT

Substituted by No. 36, 1960, s. 16.
38. (1) A Commissioner who is directly or indirectly interested in a contract made or proposed to be made by the Commission, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than twenty-five persons, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission.

(2) A disclosure under the last preceding sub-section shall be recorded in the minutes of the Commission, and the Commissioner-

(a) shall not take part after the disclosure in any deliberation or decision of the Commission with respect to that contract; and

(b) shall be disregarded for the purpose of constituting a quorum of the Commission for any such deliberation or decision.
Section 15A of the Broadcasting Act 1942-1954 repealed by No. 33, 1956, s. 21.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 39.
Meetings of Commission.

SECT

Sub-section (1) amended by No. 64, 1948, s. 27.
39. (1) The Commission shall hold such meetings as, in the opinion of the Chairman or at least four other Commissioners, are necessary for the efficient conduct of its affairs.
Amended by No. 64, 1948, s. 27.

(2) At meetings of the Commission four Commissioners shall form a quorum, and the Chairman shall have a deliberative vote, and, in the event of an equality of votes, a second or casting vote.

(3) The general manager shall, as far as practicable, attend all meetings of the Commission:

Provided that, if the Commission so directs, he shall temporarily retire from any meeting.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 40.
Delegation.

SECT

Substituted by No. 8, 1971, s. 9.
40. (1) The Commission may, by instrument in writing under its common seal, delegate to a Commissioner or to an officer of, or other person employed by, the Commission, either generally or otherwise as provided by the instrument of delegation, all or any of the powers of the Commission under this Act except-

(a) the power to appoint officers of the Commission; and

(b) this power of delegation.

(2) The Commission may, by instrument in writing under its common seal, delegate to a Commissioner or to the general manager of the Commission, either generally or otherwise as provided by the instrument of delegation, the power to appoint officers of the Commission.

(3) A power delegated in accordance with either of the last two preceding sub-sections may be exercised by the delegate in accordance with the instrument of delegation, and, when so exercised, shall, for the purposes of this Act, be deemed to have been exercised by the Commission.

(4) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 41.
Division 2 inserted by No. 39, 1946, s. 4.

SECT

Division 2-The Service of the Commission
Definition.
Inserted by No. 39, 1946, s. 4.
41. In this Division, ''officer'' means officer of the Commission, but does not include the general manager.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 42.
Preservation of certain awards, &c.

SECT

Inserted by No. 39, 1946, s. 4.
42. Nothing in this Division shall affect the operation of any award made by the Commonwealth Court of Conciliation and Arbitration, or of any determination made by the Public Service Arbitrator, prior to the commencement of this section and applicable to the Commission and of any of its officers or temporary employees.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 43.
Officers and employees.

SECT

Substituted by No. 39, 1946, s. 4.
Sub-section (1) amended by No. 8, 1971, s. 10.
43. (1) The Commission shall appoint a general manager, who shall be the chief executive officer of the Commission and shall, subject to sub-sections (7) and (8) of this section, hold office on such terms and conditions as the Commission determines.
Substituted by No. 8, 1971, s. 10.

(2) The Commission shall appoint such other officers, and engage such temporary employees, as it thinks necessary.

(3) The officers of the Commission shall constitute the service of the Commission.
Substituted by No. 36, 1960, s. 17.

(4) Subject to the next succeeding sub-section, a person shall not be appointed to the service of the Commission unless-

(a) he is a British subject;

(b) he possesses such educational qualifications, and such other qualifications (if any), as are determined by the Commission with the approval of the Public Service Board;

(c) the Commission is satisfied as to his health and physical fitness; and

(d) he makes and subscribes, before a Justice of the Peace or a Commissioner for taking affidavits, an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution.
Substituted by No. 36, 1960, s. 17.

(5) The Commission may, with the approval of the Minister, appoint to the service of the Commission a person who is not a British subject and has not made and subscribed the oath or affirmation of allegiance, but is otherwise eligible for appointment to that service.
Substituted by No. 36, 1960, s. 17.

(6) Subject to this Division, the terms and conditions of employment of officers and temporary employees appointed in pursuance of this section are such as are determined by the Commission with the approval of the Public Service Board.
Substituted by No. 50, 1973, s. 4.

(7) The general manager shall be paid salary and an annual allowance at such rates as are fixed by the Parliament.*
Substituted by No. 8, 1971, s. 10.

(8) The general manager shall be paid such other allowances as are prescribed.
Sub-sections (9) and (10) omitted by No. 36, 1960, s. 17.
* * * * * * * *
Amended by No. 216, 1973, s. 3.

(11) Where an officer appointed in pursuance of this section was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer of the Commission shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth.
Sub-section (12) omitted by No. 36, 1960, s. 17.
* * * * * * * *
Section 44 repealed by No. 36, 1960, s. 18.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 45.
Creation and abolition of positions.

SECT

Inserted by No. 39, 1946, s. 4.
Sub-section (1) substituted by No. 36, 1960, s. 19.
45. (1) Subject to section forty-six A of this Act, the Commission may, from time to time, create any position in the service of the Commission and, with the approval of the Public Service Board, determine the salary, or the range of salary, applicable to that position.

(2) The Commission may abolish any position in the service of the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 46.
Reclassification.

SECT

Inserted by No. 39, 1946, s. 4.
Sub-section (1) amended by No. 36, 1960, s. 20.
46. (1) Subject to the next succeeding section, the Commission may, with the approval of the Public Service Board, from time to time, reclassify any position in the service of the Commission by raising or lowering the salary, or the range of salary, applicable to the position.

(2) Whenever any position is reclassified the position shall be deemed to be vacant.
Added by No. 36, 1960, s. 20.

(3) Where the Commission makes the same alteration of the classification of all positions having the same classification, the Commission may direct in writing that the last preceding sub-section shall not apply and, in that case, that sub-section does not apply.
Added by No. 36, 1960, s. 20.

(4) Where-

(a) the Commission makes an alteration of the classification of a position in a case where there is no other position having the same classification as that position; and

(b) the Commission declares in writing that that alteration is related to an alteration in respect of which a direction is or has been given under the last preceding sub-section,
the Commission may direct in writing that sub-section (2) of this section shall not apply in relation to that first-mentioned alteration and, in that case, that sub-section does not apply.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 46A.
Approval of Minister to certain classifications.

SECT

Substituted by No. 47, 1967, s. 5.
46A. Any determination under section forty-five of this Act of the salary, or range of salary, applicable to a position in the service of the Commission, or any re-classification of such a position by raising the salary or range of salary applicable to the position, is subject to the approval of the Minister where the salary, or any salary in the range of salary, exceeds-

(a) the rate of Seven thousand five hundred dollars per annum; or

(b) if a higher rate is prescribed-that higher rate.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 47.
Filling of vacant positions.

SECT

Inserted by No. 39, 1946, s. 4.
47. The Commission may transfer or promote an officer to fill a vacant position in the service of the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 48.
Selection of officers for promotion.

SECT

Inserted by No. 39, 1946, s. 4.
48. (1) In the selection of an officer for promotion to a vacant position, consideration shall be given first to the relative efficiency of the officers available for promotion and, in the event of equality of efficiency of two or more officers, then to the relative seniority of those officers.
Amended by No. 64, 1948, s. 11.

(2) For the purposes of this section-

(a) ''efficiency'' means special qualifications and aptitude for the discharge of the duties of the position to be filled, together with merit, diligence and good conduct, and-

(i) in the case of an officer who has at any time been engaged on war service-includes such efficiency as, in the opinion of the Commission, the officer would have attained but for his absence on war service; and

(ii) in relation to promotions to such senior positions as are prescribed-includes not only special qualifications and aptitude for the discharge of the duties of the position to be filled but also for the discharge of the duties of positions of higher status; and

(b) the seniority of officers shall be determined as prescribed.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 48A.
Promotion of officers who complete courses of training for special positions.

SECT

Inserted by No. 47, 1967, s. 6.
Sub-section (1) amended by No. 8, 1971, s. 11; and No. 216, 1973, s. 3.
48A. (1) The regulations may provide that-

(a) a position specified in the regulations is a position the occupant of which is required to undergo a course of training approved by the Commission for the purpose of enabling him to perform duties that require professional, technical or other knowledge; and

(b) an officer who has completed that course of training to the satisfaction of the Commission is entitled to be promoted in accordance with this section to such other position as is specified in the regulations in relation to that first-mentioned position.
Amended by No. 8, 1971, s. 11.

(2) An officer who has completed, to the satisfaction of the Commission, the course of training approved by the Commission shall be promoted to the position specified in the regulations under paragraph (b) of the last preceding sub-section as soon as practicable after a vacancy occurs in that position.

(3) Where two or more officers complete at the same time a course of training approved by the Commission, the promotion of those officers under the last preceding sub-section shall be made in accordance with the respective seniorities of those officers as determined for the purposes of the last preceding section.
Amended by No. 8, 1971, s. 11.

(4) Until an officer who is entitled to promotion under sub-section (2) of this section is promoted, the officer shall, for the purposes of salary and such other purposes as are determined by the Commission, be deemed to be the occupant of the position to which he is entitled to be promoted.

(5) A promotion under sub-section (2) of this section is not subject to appeal as provided by the next succeeding section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 49.
Appeals against promotions.

SECT

Inserted by No. 39, 1946, s. 4.
49. (1) The promotion of an officer to a vacant position shall be provisional and without increased salary pending confirmation of the promotion, and shall be notified in the prescribed manner, and shall be subject to appeal as provided by this section.

(2) Any officer who considers that he should have been promoted to a vacant position in preference to the officer provisionally promoted, may appeal to the Promotions Appeal Board on the ground of superior efficiency or equal efficiency and seniority.

(3) The regulations may prescribe the manner in which, and the time within which, appeals may be made under this section.

(4) Upon any such appeal being made, the Promotions Appeal Board shall make full inquiry into the claims of the appellant and those of the officer provisionally promoted and shall determine the appeal.

(5) Where the appeal is upheld the appellant shall be promoted to the vacant position and the provisional promotion shall be cancelled.

(6) Where the appeal is disallowed, or where no appeal is lodged within the prescribed time, the provisional promotion shall be confirmed.

(7) Notwithstanding anything contained in this section, the Commission may, at any time after notification has been made of a provisional promotion to a vacant position, and before the promotion has been confirmed, cancel the provisional promotion if the Commission is satisfied that the position is unnecessary or can be filled by the transfer of another officer, or that in the circumstances notification or further notification of the vacant position is desirable.

(8) The powers of the Commission under the last preceding subsection may be exercised whether an appeal has been made or not.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 50.
Promotions Appeal Board.

SECT

Inserted by No. 39, 1946, s. 4.
50. (1) For the purposes of this Division, there shall be an Australian Broadcasting Commission Promotions Appeal Board (in this Division referred to as ''the Promotions Appeal Board'').

(2) The Promotions Appeal Board shall consist of-

(a) a Chairman, who shall be appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines; and

(b) in respect of each provisional promotion against which an appeal has been made to the Promotions Appeal Board-

(i) an officer appointed by the Commission; and

(ii) an officer nominated by the organization of which it is appropriate for a person occupying the vacant position concerned to be a member.

(3) An officer shall not be appointed or nominated as a member of the Promotions Appeal Board if that officer has himself been provisionally promoted to the vacant position concerned or has himself appealed against the provisional promotion to that vacant position.

(4) Where, at any meeting of the Promotions Appeal Board, the members are divided in opinion on any question, that question shall be decided according to the decision of the majority.
Amended by No. 216, 1973, s. 3.

(5) In this section, ''organization'' means an organization registered under the Conciliation and Arbitration Act 1904-1973.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 51.
Tenure of office.

SECT

Inserted by No. 39, 1946, s. 4.
51. (1) Every officer who has attained the age of sixty years shall be entitled to retire from the service of the Commission if the officer desires to do so, but any such officer may, subject to this Division, continue in the service of the Commission until the officer attains the age of sixty-five years.

(2) If any officer continues in the service of the Commission after the officer has attained the age of sixty years the officer may, at any time before attaining the age of sixty-five years, be retired by the Commission from the service of the Commission.

(3) Every officer shall, on attaining the age of sixty-five years, be retired by the Commission from the service of the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 52.
Excess officers.

SECT

Inserted by No. 39, 1946, s. 4.
52. (1) If at any time the Commission finds that a greater number of officers of any particular classification is employed than is necessary for efficient working, any officer whom the Commission finds is in excess may be transferred to such other position of equal classification as the officer is competent to fill, and, if no such position is available, the officer may be transferred to a position of lower classification.

(2) If no position is available for the officer, the Commission may retire him from the service of the Commission.

(3) An officer shall not be retired from the service of the Commission under this section unless he has been given one month's notice or is paid salary in lieu of notice.
Section 53 repealed by No. 47, 1967, s. 7.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 54.
Appointments to be on probation.

SECT

Inserted by No. 39, 1946, s. 4.
54. Unless the Commission, in any particular case, otherwise directs, the appointment of every officer shall be on probation for a period not exceeding twelve months and the appointment may be terminated by the Commission at any time during that period.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 55.
Retirement of inefficient, &c., officers.

SECT

Inserted by No. 39, 1946, s. 4.
55. (1) If an officer appears to the Commission to be inefficient or incompetent, or unfit to discharge or incapable of discharging the duties of his position, the Commission may retire him from the service of the Commission, or may transfer him to some other position in the service of the Commission with salary appropriate to that other position.

(2) An officer shall not be retired from the service of the Commission under this section unless he has been given at least one month's notice or is paid salary in lieu of notice.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 56.
Dismissal, reduction in status, fine, &c., for misconduct.

SECT

Substituted by No. 36, 1960, s. 22.
56. (1) An officer who-

(a) wilfully disobeys or disregards a lawful order made or given to him in his capacity as an officer by a person having authority to make or give the order;

(b) is negligent or careless in the discharge of his duties;

(c) is inefficient or incompetent by reason of causes which are within his own control;

(d) uses intoxicating liquors or drugs to excess;

(e) is guilty of disgraceful or improper conduct, either in his official capacity or otherwise;

(f) commits any breach of the conditions of employment applicable to him;

(g) having made and subscribed an oath or affirmation under section forty-three of this Act, does or says anything in violation of that oath or affirmation; or

(h) has wilfully supplied to the Commission or to an officer of the Commission incorrect or misleading information in connexion with his appointment to the service of the Commission,
is, for the purposes of this section, guilty of misconduct.
Amended by No. 57, 1966, s. 4.

(2) Where a person is guilty of misconduct, the Commission may-

(a) caution or reprimand the officer;

(b) fine the officer a sum not exceeding Forty dollars;

(c) if the officer occupies a position to which a range of salary is applicable and he is in receipt of a salary other than the minimum salary of that range-reduce his salary to a lower salary within that range;

(d) reduce the officer to a lower position and salary; or

(e) dismiss the officer from the service of the Commission.
Amended by No. 216, 1973, s. 3.

(3) The regulations may make provision for or in relation to the suspension of an officer from duty where the officer-

(a) has been charged with misconduct under this section; or

(b) has been charged with a criminal offence against a law of the Commonwealth or of a State or Territory, whether that offence is punishable on indictment or on summary conviction.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 57.
Appeals.

SECT

Inserted by No. 39, 1946, s. 4.
Sub-section (1) amended by No. 36, 1960, s. 23; and No. 57, 1966, s. 4.
57. (1) Where an officer is dismissed, retired, transferred, reduced in position or salary, or fined an amount exceeding Four dollars, under either of the last two preceding sections, the officer may appeal to the Disciplinary Appeal Board.

(2) The regulations may prescribe the manner in which, and the time within which, appeals may be made under this section.

(3) The Disciplinary Appeal Board shall hear each appeal submitted to it under this section and may confirm, vary or set aside the decision of the Commission.

(4) The decision of the Disciplinary Appeal Board shall be final and the Commission shall take such action as is necessary to give effect to the decision.

(5) On the hearing of an appeal under this section, the Disciplinary Appeal Board may take evidence on oath.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 58.
Disciplinary Appeal Board.

SECT

Inserted by No. 39, 1946, s. 4.
58. (1) For the purposes of this Division, there shall be an Australian Broadcasting Commission Disciplinary Appeal Board (in this Division referred to as ''the Disciplinary Appeal Board'').

(2) The Disciplinary Appeal Board shall consist of-

(a) a Chairman, who shall be appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines;

(b) an officer appointed by the Commission; and

(c) an officer elected by the officers of the Commission in the prescribed manner (in this section referred to as ''the officers' representative'').
Amended by No. 216, 1973, s. 3.

(3) The Chairman of the Disciplinary Appeal Board shall be a person who is or has been a Police, Stipendiary or Special Magistrate of a State or Territory.

(4) The officers' representative shall hold office for such period as is prescribed but shall be eligible for re-election.

(5) The officers of the Commission may, in the prescribed manner, elect a deputy of the officers' representative and the deputy so elected shall hold office for such period as is prescribed but shall be eligible for re-election.

(6) A deputy so elected may, in the event of there being a vacancy in the office of the officers' representative, or in the event of the absence of the officers' representative (whether in pursuance of a direction under the next succeeding sub-section, or through illness or otherwise), attend and vote at meetings of the Disciplinary Appeal Board, and, when so attending and voting at a meeting, shall, for the purposes of sub-section (8) of this section, be deemed to be a member of the Disciplinary Appeal Board in lieu of the officers' representative.

(7) Where the Chairman of the Disciplinary Appeal Board is of opinion that the officers' representative is personally interested in, or affected by, any question to be considered at a meeting of the Disciplinary Appeal Board, the Chairman may direct that the officers' representative shall absent himself from that meeting while that question is considered and decided.

(8) Where, at any meeting of the Disciplinary Appeal Board, the members are divided in opinion on any question, that question shall be decided according to the decision of the majority.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 59.
Functions of Commission.

SECT

Division 3-Powers and Functions of the Commission
Sub-section (1) substituted by No. 33, 1956, s. 24.
59. (1) Subject to this Act, the Commission shall provide, and shall broadcast or televise from transmitting stations made available by the Postmaster-General, adequate and comprehensive programmes and shall take in the interests of the community all such measures as, in the opinion of the Commission, are conducive to the full development of suitable broadcasting and television programmes.
Amended by No. 33, 1956, s. 24.

(2) Where the Commission considers it necessary for the proper carrying out of its objects or for any purpose incidental thereto, the Commission may make arrangements for the holding of, or may organize or subsidize, any public concert or other public entertainment provided-

(a) the whole or part of the concert or entertainment is broadcast or televised; or

(b) the concert or entertainment is held in co-operation with an educational, religious or other non-commercial institution and no charge for admission is made by the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 60.
Publication of journals, &c.

SECT

Amended by No. 33, 1956, s. 25.
60. For the purpose of the exercise of its powers and functions under this Act, the Commission may compile, prepare, issue, circulate and distribute, whether gratis or otherwise, in such manner as it thinks fit, such papers, magazines, periodicals, books, pamphlets, circulars and other literary matter as it thinks fit (including the programmes of national broadcasting stations, of national television stations and of other broadcasting and television stations):

Provided that, prior to the publication of any programme in pursuance of this section, a copy of the programme shall be made available at an office of the Commission on equal terms to the publishers of any newspaper, magazine or journal published in Australia.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 61.
Power to purchase and dispose of assets.

SECT

61. (1) Subject to this Act, the Commission may-

(a) acquire by lease or purchase any land, buildings, easements or other property, rights or privileges which it thinks necessary for the purposes of this Act; and

(b) sell, exchange, lease, dispose of, turn to account or otherwise deal with any property, rights or privileges of the Commission.
Amended by No. 33, 1956, s. 26; No. 57, 1966, s. 4; and No. 8, 1971, s. 12.

(2) The Commission shall not, without the approval of the Minister-

(a) acquire any property, the cost of acquisition of which exceeds the sum of One hundred thousand dollars, or in any manner dispose of any property having an original or book value exceeding the sum of One hundred thousand dollars; or

(b) enter into any lease for a period exceeding ten years.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 62.
Agreements to receive approval in certain cases.

SECT

Amended by No. 33, 1956, s. 27; No. 57, 1966, s. 4; and No. 8, 1971, s. 13.
62. Notwithstanding anything contained in this Act, the Commission shall not be empowered to enter into any agreement involving any expenditure by the Commission in excess of One hundred thousand dollars, or extending over a period of more than ten years, unless the approval of the Minister thereto has first been obtained.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 63.
Studios to be provided by Commission.

SECT

Sub-section (1) amended by No. 64, 1948, s. 27.
63. (1) The Commission shall provide such studios, offices and other accommodation as are necessary for the proper performance of its powers and functions under this Act, and such accommodation in relation to the studios as the Postmaster-General requires for the proper carrying out of the technical services to be provided by the Postmaster-General.
Amended by No. 64, 1948, s. 27.

(2) The location of any studios to be provided by the Commission in pursuance of this section shall be subject to the approval of the Postmaster-General.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 64.
Authorized transmissions.

SECT

Substituted by No. 33, 1956, s. 28.
64. Subject to this Act, the Commission shall broadcast or televise free of charge from all the national broadcasting stations or national television stations, or from such of them as the Minister specifies, any matter the broadcasting or televising of which is directed by the Minister in writing as being in the national interest.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 65.
Advertisements.

SECT

Sub-section (1) amended by No. 33, 1956, s. 29.
65. (1) The Commission shall not broadcast or televise advertisements.
Amended by No. 33, 1956, ss. 29 and 62; and No. 47, 1967, s. 8.

(2) Nothing in this section shall be construed as preventing the Commission from broadcasting or televising, if it thinks fit-

(a) any announcement relating to any activity or proposed activity of the Commission;

(b) a programme supplied by any organization or person engaged in artistic, literary, musical or theatrical production or in educational pursuits; or

(c) a programme supplied by any organization or person, provided the programme is not, in the opinion of the Commission, being used as an advertisement,
or from broadcasting or televising any matter the broadcasting or televising of which is directed by the Minister in pursuance of the last preceding section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 66.
News services.

SECT

Substituted by No. 39, 1946, s. 5.
66. (1) The Commission shall broadcast daily from all national broadcasting stations regular sessions of news and information relating to current events within the Commonwealth and in other parts of the world.

(2) The Commission shall employ an adequate staff, both in the Commonwealth and in overseas countries, for the purpose of collecting the news and information to be broadcast in pursuance of this section.

(3) The Commission may also procure news and information relating to current events in other parts of the world from such overseas news agencies and other overseas sources as it thinks fit.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 67.
Bands and orchestras.

SECT

Amended by No. 33, 1956, s. 30.
67. The Commission shall endeavour to establish and utilize, in such manner as it thinks desirable in order to confer the greatest benefit on broadcasting or television, groups of musicians for the rendition of orchestral, choral and band music of high quality.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 68.
Moneys payable to Commission.

SECT

Substituted by No. 8, 1971, s. 14.
68. (1) There are payable to the Commission such moneys as are appropriated by the Parliament for the purposes of the Commission.

(2) The Treasurer may give directions as to the amounts in which, and the times at which, moneys referred to in the last preceding subsection are to be paid to the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 69.
Bank accounts.

SECT

Substituted by No. 8, 1971, s. 14.
69. (1) The Commission may open and maintain an account or accounts, in Australia or elsewhere, with an approved bank or approved banks and shall maintain at all times at least one such account.

(2) The Commission shall pay all moneys of the Commission into an account referred to in this section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 70.
Application of moneys.

SECT

Substituted by No. 8, 1971, s. 14.
70. (1) The moneys of the Commission shall be applied only-

(a) in payment or discharge of expenses, obligations and liabilities of the Commission arising under this Act; and

(b) in payment of remuneration or allowances payable to Commissioners.

(2) The Commission shall not expend any moneys otherwise than in accordance with estimates of expenditure approved by the Treasurer.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 71.
Accounts and records to be kept.

SECT

Substituted by No. 8, 1971, s. 14.
71. The Commission shall cause to be kept proper accounts and records of the transactions and affairs of the Commission and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commission and over the incurring of liabilities by the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 71A.
Particulars of proposed expenditure.

SECT

Inserted by No. 8, 1971, s. 14.
71A. The Commission shall, not later than the thirtieth day of April in each year, submit to the Minister particulars of proposed expenditure of the Commission for the financial year commencing on the following first day of July.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 71B.
Audit.

SECT

Inserted by No. 8, 1971, s. 14.
71B. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Commission and records relating to assets of, or in the custody of, the Commission, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in the last preceding sub-section.

(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1) of this section.

(4) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Commission relating directly or indirectly to the receipt or payment of moneys by the Commission or to the acquisition, receipt, custody or disposal of assets by the Commission.

(5) The Auditor-General or an officer authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(7) A person who contravenes the last preceding sub-section is guilty of an offence punishable, upon conviction, by a fine not exceeding Two hundred dollars.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 72.
Exemption of income, &c., of Commission from rates, taxes and charges.

SECT

72. The income, property and operations of the Commission shall not be subject to any rates, taxes or charges, under any law of the Commonwealth, or under any law of a State to which the Commonwealth is not subject.
Section 35 of the Australian Broadcasting Act 1942-1946 repealed by No. 64, 1948, s. 13.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 73.
Postmaster-General to provide transmitting stations, &c., for broadcasting
programmes.

SECT

Division 5-Technical Services
Substituted by No. 33, 1956, s. 32.
73. (1) The Postmaster-General shall, except in so far as he otherwise determines, provide and operate, for the purposes of the broadcasting programmes of the Commission-

(a) transmitting stations;

(b) technical equipment to connect a studio of the Commission to the local transmitting station;

(c) technical equipment at the studios of the Commission;

(d) technical equipment for the reception of transmissions from other countries;

(e) technical equipment at programme pick-up points; and

(f) all other technical equipment required for the purposes of those programmes.

(2) Except in so far as the Postmaster-General otherwise determines-

(a) the stations and technical equipment referred to in paragraphs (a), (b) and (c) of the last preceding sub-section shall be provided and operated without charge to the Commission;

(b) the technical equipment referred to in paragraph (d) of that sub-section shall be provided without charge to the Commission; and

(c) the technical equipment referred to in paragraph (e) of that sub-section, in so far as it comprises portable equipment required for pick-up purposes, but not including equipment to connect a programme pick-up point to a studio, shall be provided, but not installed, without charge to the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 74.
Postmaster-General to provide transmitting stations, &c., for television

SECT

programmes.
Inserted by No. 33, 1956, s. 32.
74. (1) The Postmaster-General shall, except in so far as he otherwise determines, provide and operate, for the purposes of the television programmes of the Commission-

(a) transmitting stations; and

(b) technical equipment to connect a studio of the Commission to the local transmitting station,
and the Commission shall, subject to the next succeeding sub-section, provide and operate, or arrange with the Postmaster-General for the provision and operation of, all other technical equipment required for the purposes of those programmes.

(2) In such cases as the Postmaster-General determines, the provision and operation of technical equipment by the Commission under the last preceding sub-section shall be subject to the approval of the Postmaster-General.

(3) Except in so far as the Postmaster-General otherwise determines, the stations and technical equipment referred to in paragraphs (a) and (b) of sub-section (1) of this section shall be provided and operated without charge to the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 75.
Lines for conveyance of electric current to stations.

SECT

Sub-section (1) substituted by No. 33, 1956, s. 33.
75. (1) For the purpose of providing and operating the stations referred to in this Division, the Postmaster-General, or a person acting under the authority of the Postmaster-General, may-

(a) erect, place and maintain any electric line which, in the opinion of the Postmaster-General, is necessary for conveying electric current to, or for the operation of, any such station; and

(b) arrange for and obtain from any person the supply of any electric current which, in the opinion of the Postmaster-General, is necessary or advisable for the operation of any such station.
Inserted by No. 33, 1956, s. 33.

(1A) In respect of the erection, placing and maintenance of an electric line referred to in paragraph (a) of the last preceding sub-section, the Postmaster-General and any person acting under his authority have the same powers, and are subject to the same obligations, as are conferred or imposed under Part IV of the Post and Telegraph Act 1901-1950 in relation to the erection, placing and maintenance of telegraph lines.

(2) In this section ''electric line'' includes all means used for the purpose of conveying, transmitting, transforming or distributing electricity and any casing, coating, covering, tube, tunnel, pipe, pillar, pole, post, frame, bracket or insulator enclosing, surrounding or supporting the same of any part thereof or any apparatus connected therewith.
Sections 38 and 39 of the Broadcasting Act 1942-1954 repealed by No. 33, 1956, s. 34.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 76.
Indemnity to Postmaster-General.

SECT

76. The Commission shall at all times indemnify and keep indemnified the Postmaster-General against any action, claim or demand brought or made by any person against the Postmaster-General or against any officer of the Postmaster-General's Department in respect of any act done by the Postmaster-General or by such officer on behalf, at the request, or in the interests, of the Commission.


BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 77. 
Minister may require Commission to refrain from broadcasting or televising any 
matter. 

SECT

                           Division  6-Miscellaneous

Substituted by No. 33, 1956, s. 35.

  77. Subject to this Act, the Minister may, from time to time, by telegram or
in writing, prohibit the Commission from broadcasting or televising any
matter, or matter of any class or character, specified in the notice, or may
require the Commission to refrain from broadcasting or televising any such
matter.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 78.
Report and financial statement.

SECT

Substituted by No. 33, 1956, s. 36.
78. (1) The Commission shall, as soon as possible, but not later than six months, after the expiration of each financial year, prepare a financial statement in accordance with a form approved by the Treasurer, and shall forward it, together with a report on the operations of the Commission during that year, to the Minister, for presentation to both Houses of the Parliament.
Substituted by No. 8, 1971, s. 15.

(2) Before forwarding the financial statement to the Minister, the Commission shall submit it to the Auditor-General, who shall report to the Minister-

(a) whether the statement is based on proper accounts and records;

(b) whether the statement is in agreement with the accounts and records;

(c) whether the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statement as the Auditor-General considers should be reported to the Minister.
Amended by No. 33, 1956, s. 62.

(3) The Commission shall include in the report particulars of-

(a) each transmission arranged at the written direction of the Minister in pursuance of section sixty-four of this Act;

(b) each case in which the Minister has exercised the powers conferred on him by the last preceding section; and

(c) any case in which the Minister has, otherwise than in pursuance of the provisions of this Act, issued directions concerning the broadcasting or televising by the Commission of any matter or prohibited the broadcasting or televising by the Commission of any matter.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 78A.
Action taken under sections 64 or 77 to be reported to the Parliament.

SECT

Inserted by No. 47, 1967, s. 9.
78A. Where the Minister has given a direction under section sixty-four of this Act or has prohibited the broadcasting or televising of any matter or made any requirement under section seventy-seven of this Act, he shall, within seven sitting days of giving such direction or notifying such prohibition or requirement, report the same in writing to both Houses of the Parliament and shall give the reasons for such direction, prohibition or requirement, as the case may be.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 79.
Commission to assume certain obligations and liabilities.

SECT

79. All rights, property and assets and all obligations and liabilities which, immediately prior to the commencement of this Act, were vested in or imposed on the Australian Broadcasting Commission constituted under the Australian Broadcasting Commission Act 1932-1940 shall by virtue of this Act be vested in or imposed on the Commission, and in any contract, agreement or other instrument to which the first-mentioned Commission was a party any reference to that Commission shall be read as a reference to the Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 80.
Heading substituted by No. 33, 1956, s. 37. PART IV-THE COMMERCIAL

SECT

BROADCASTING SERVICE AND THE COMMERCIAL
TELEVISION SERVICE
Division 1 substituted by No. 33, 1956, s. 38.
Division 1-Licences
Interpretation.
Substituted by No. 33, 1956, s. 38.
80. A reference in this Part to the renewal of a licence in respect of a commercial broadcasting station or a commercial television station shall be read as a reference to the grant of a licence in respect of that station to commence on the day after the date of expiration of the first-mentioned licence or on the day after the expiration of the licence granted upon a previous renewal of the first-mentioned licence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 81.
Grant of licences.

SECT

Substituted by No. 33, 1956, s. 38.
81. (1) The Minister may, subject to this Act, grant to a person a licence for a commercial broadcasting station or for a commercial television station upon such conditions, and in accordance with such form, as the Minister determines.
Inserted by No. 36, 1960, s. 25; amended by No. 31, 1969, s. 5; and No. 216, 1973, s. 3.

(1A) A licence for a commercial broadcasting station or for a commercial television station shall not be granted except to a company formed within the limits of the Commonwealth or a Territory and having a share capital.

(2) The establishment, erection, maintenance and use of a commercial broadcasting station or a commercial television station in pursuance of a licence under this section shall be deemed not to be in contravention of the Wireless Telegraphy Act 1905-1950 or of the regulations under that Act.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 82.
Applications for licences.

SECT

Substituted by No. 33, 1956, s. 38.
82. (1) Before granting a licence under the last preceding section, the Minister shall, by notice published in the Gazette, invite applications for the grant of the licence.

(2) An application for the grant of a licence shall be in accordance with a form supplied by the Minister and shall be made in such manner, and within such time, as the Minister specifies in the notice.
Inserted by No. 36, 1960, s. 26.

(3) This section does not apply in relation to the renewal of a licence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 83.
Reference of applications to the Board.

SECT

Substituted by No. 33, 1956, s. 38.
83. (1) The Minister shall refer applications made in pursuance of the last preceding section to the Board for its recommendation as to the grant of the licence.

(2) Before making a recommendation, the Board shall hold an inquiry in accordance with this Act into the applications.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 84.
Duration of licences.

SECT

Substituted by No. 33, 1956, s. 38.
84. Subject to this Act, a licence continues in force-

(a) in the case of a licence granted otherwise than by way of the renewal of a licence-for a period of five years commencing on a date specified in the licence; and

(b) in the case of a licence granted by way of the renewal of a licence-for a period of one year commencing on the day after the date of expiration of the last previous licence in respect of the station.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 85.
Renewal of licence.

SECT

Substituted by No. 33, 1956, s. 38.
85. (1) An application for the first renewal of a licence shall be made not less than six months before the expiration of the licence.

(2) An application for the renewal of a licence, other than the first renewal, shall be made not less than three months before the expiration of the licence granted upon the last previous renewal.
Inserted by No. 21, 1969, s. 6.

(2A) An application for the renewal of a licence shall be in accordance with a form supplied by the Minister.

(3) When an application for the renewal of a licence is duly made, the Minister shall-

(a) refer the application to the Board; and

(b) if he thinks that there may be grounds for refusing the application, direct the Board to hold an inquiry into the application in accordance with this Act, specifying those grounds in the direction.

(4) Where an application is referred to the Board under this section, the Board shall-

(a) if the Minister has not directed that an inquiry into the application be held and the Board is satisfied that the application should be granted-make a recommendation to the Minister that the application be granted; or

(b) if the Minister has given such a direction or the Board is not so satisfied-

(i) hold an inquiry into the application in accordance with this Act; and

(ii) make a report on the inquiry, with a recommendation on the application, to the Minister.
Inserted by No. 21, 1969, s. 6.

(4A) Where an application has been referred to the Board under this section and the Minister has not directed that an inquiry into the application be held, the Board may, for the purpose of satisfying itself that the application should be granted, request the applicant to furnish to the Board such information as the Board specifies, and the Board may refuse to recommend to the Minister that the application be granted until the information is furnished to the satisfaction of the Board.

(5) Where an inquiry is to be held under this section into an application-

(a) the Board shall inform the applicant of any grounds for refusal of the application that have been specified in the direction of the Minister and of any grounds for refusing the application that the Board thinks may exist; and

(b) the inquiry shall not extend to any other grounds for refusing the application.

(6) The Minister shall not refuse an application under this section-

(a) unless he has received a report from the Board upon an inquiry into the application; or

(b) otherwise than on a specified ground, being a ground to which the inquiry extended.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 86.
Revocation and suspension of licences.

SECT

Substituted by No. 33, 1956, s. 38.
Sub-section (1) amended by No. 216, 1973, s. 3.
86. (1) The Minister may, by notice in writing to the licensee, suspend or revoke a licence where he is satisfied that one of the following grounds exists, namely:-

(a) that the licensee has failed to pay an amount payable by him under the Broadcasting Stations Licence Fees Act 1964-1973 or the Television Stations Licence Fees Act 1964-1966;

(b) that the licensee has failed to comply with a provision of this Act or of the regulations in so far as that provision is applicable to the licence;

(c) that a condition of the licence has not been complied with; or

(d) that it is advisable in the public interest, for a specified reason, to do so.

(2) The Minister shall not suspend a licence on any ground unless-

(a) he has first given not less than three days' notice to the licensee of his intention to suspend the licence upon that ground; and

(b) he has taken into consideration any action taken by the licensee to remove that ground or to prevent the recurrence of similar grounds.
Substituted by No. 36, 1960, s. 27.

(3) The suspension of a licence shall be for a specified period not exceeding seven days.
Substituted by No. 36, 1960, s. 27.

(4) If, within the period for which a licence is suspended on a particular ground, the Minister notifies the Board that it appears to him that he should consider revoking the licence upon that ground, the suspension shall, by force of this sub-section, continue until-

(a) the Board (if it sees fit to do so before the completion of the inquiry) orders that the suspension shall cease;

(b) the Board has made a report recommending that the licence be not revoked on that ground; or

(c) the Board has made a report recommending that the licence be revoked on that ground and the Minister has either revoked the licence or, having decided not to revoke the licence, removes the suspension.

(5) A person is not entitled to compensation from the Commonwealth by reason of the suspension or revocation of a licence.

(6) During the period of suspension of a licence, the licence has no force or effect, but the period of currency of the licence continues to run.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 87.
Procedure for revocation.

SECT

Substituted by No. 33, 1956, s. 38.
Sub-section (1) amended by No. 36, 1960, s. 28.
87. (1) The Minister shall not revoke a licence upon any ground (other than the ground specified in paragraph (a) of sub-section (1) of the last preceding section) unless he has first received a report from the Board under the next succeeding sub-section with a recommendation that the licence should be revoked on that ground.

(2) Where it appears to the Board, or the Minister notifies the Board that it appears to him, that the Minister should consider revoking a licence upon a particular ground, the Board shall-

(a) hold an inquiry in accordance with this Act into the question whether facts exist by reason of which the licence is liable to revocation on that ground; and

(b) make a report on the inquiry, with a recommendation as to whether the licence should be revoked, to the Minister.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 87A.
Appeals.

SECT

Inserted by No. 36, 1960, s. 29.
87A. (1) A person whose licence is revoked under section eighty-six of this Act may appeal to the Commonwealth Industrial Court against the revocation.

(2) The Commonwealth Industrial Court has jurisdiction to hear and determine an appeal under this section, and shall-

(a) if it is satisfied that the ground for the revocation has been established-confirm the revocation; or

(b) if it is not so satisfied-order that the licence be restored by the Minister.

(3) An appeal under this section shall be by way of rehearing, but the Court may have regard to any evidence given before the Board at the inquiry that preceded the revocation.

(4) The jurisdiction of the Commonwealth Industrial Court under this section may be exercised by a single Judge.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 88.
Transfer of licences.

SECT

Substituted by No. 33, 1956, s. 38.
88. (1) A licensee may, with the consent in writing of the Minister, but without that consent shall not, transfer the licence or admit another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence.

(2) Where, with the consent in writing of the Minister, a licensee transfers his licence to another person, that person shall be deemed to become the licensee to the exclusion of the former licensee.

(3) Where, with the consent in writing of the Minister, a licensee admits another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence, the application of the provisions of this Part relating to licensees extends to that person as if he were the licensee, and, subject to the next succeeding sub-section, any reference in this Part to a licensee shall be read as including a reference to that person.

(4) The performance by the licensee or the other person referred to in the last preceding sub-section of an obligation imposed upon the licensee by the licence or by this Act shall, to the extent of that performance, be deemed to release both the licensee and that person from the obligation.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 89.
Commencement of service.

SECT

Substituted by No. 33, 1956, s. 38.
89. A licensee shall commence a broadcasting service or television service in accordance with the terms and conditions of the licence on such dates as the Minister determines and notifies to the licensee.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90.
Division 2 substituted by No. 31, 1969, s. 6. Division 2-Limitation of
Ownership

SECT

or Control of Commercial Broadcasting
Stations
Interpretation.
Substituted by No. 31, 1969, s. 6.
90. (1) In this Division, unless the contrary intention appears-

''control'' includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.

''licence'' means a licence for a commercial broadcasting station;

''metropolitan commercial broadcasting station'' means a commercial broadcasting station situated within a radius of thirty miles from the General Post Office in the capital city of a State;

''transaction'' includes-

(a) the allotment to a person of shares, the payment of calls on shares or the repayment of capital in respect of shares; and

(b) the disposition, by assignment, declaration of trust or by any other means, of, or of any part of, the beneficial ownership of shares.

(2) For the purposes of this Division, a person has a prescribed interest in a licence if he is-

(a) the holder of the licence;

(b) in a position to exercise control, either directly or indirectly, of the licence; or

(c) the holder of shareholding interests in the company holding the licence exceeding in amount fifteen per centum of the total of the amounts paid on all shares in that company.

(3) For the purposes of this Division-

(a) a person has a shareholding interest in a company if he is beneficially entitled to, or is beneficially entitled to an interest in, any shares in the company (whether or not the whole or any part of the legal ownership of the shares is vested in the person); and

(b) the amount of the shareholding interest is an amount equal to the value of the shares, or of the person's interest in the shares, as the case requires, on the basis that the value of the shares is equal to the amount paid on the shares.

(4) For the purposes of this Division, a person who is beneficially entitled to, or is one of the persons beneficially entitled to, any shares shall be deemed (but not to the exclusion of any other person) to be in a position to exercise control of the voting rights in respect of those shares.

(5) The express references in this Division to companies shall not be taken to indicate that references to persons do not include references to companies.

(6) For the purposes of this Division, a licence granted by way of renewal of a licence shall be deemed to be a continuation of the first-mentioned licence.

(7) A reference in this Division to shares in a company, or in a particular company, shall be read as a reference to shares in, or stock forming part of, the capital of a company, or of the particular company.

(8) A reference in this Division to an amount paid on shares in a company shall be read as including a reference to an amount treated by the company as having been so paid.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90A.
Companies limited by guarantee.

SECT

Inserted by No. 31, 1969, s. 6.
90A. (1) In relation to a company limited by guarantee, this Division has effect as if every such company had a share capital and as if every member of such a company, and every person having a beneficial interest in any right or interest of a member of such a company in or in relation to a company, had a shareholding interest in the company of an amount bearing to the total of the amounts paid on all shares in the company the proportion ascertained in accordance with whichever of sub-sections (2) to (5), inclusive, of this section is applicable or, if more than one of those sub-sections is applicable, the greatest of the proportions ascertained in accordance with the sub-sections that are so applicable.

(2) This sub-section applies in relation to a member of any company limited by guarantee, and the proportion to be ascertained under this sub-section in relation to a member is a proportion equal to the proportion of the property of the company distributable among members of the company to which the member would be entitled in the event of a voluntary winding-up of the company.

(3) This sub-section applies in relation to a member of a company limited by guarantee where, under the memorandum and articles of association of the company, any profits of the company are to be, or may be, paid or credited to a member or members otherwise than as dividends on shares, and the proportion to be ascertained under this subsection in relation to a member is the proportion that the share, or maximum share, of any such profits of the company to which the member is entitled, or could, having regard to the memorandum and articles of association of the company, become entitled, to have paid or credited to him as a member bears to the total of those profits.

(4) This sub-section applies in relation to a member of a company limited by guarantee that does not have a fixed capital divided into shares but the undertaking of which is, or purports to be, divided into shares or interests, and the proportion to be ascertained under this sub-section in relation to a member is the proportion of the undertaking of the company that is represented by the shares or interests of the member.

(5) This sub-section applies in relation to a person who has a beneficial interest in any right or interest of a member in or in relation to a company limited by guarantee, and the proportion to be ascertained in accordance with this sub-section is the proportion that would be applicable under sub-section (1) of this section in relation to the person if he was entitled as a member of the company, in lieu of the member concerned, to that right or interest, or so much of that proportion as corresponds with the extent of his beneficial interest, as the case may require.

(6) Nothing in this section limits any operation that this Division has, apart from this section, in relation to a company limited by guarantee.

(7) In this section, ''company limited by guarantee'' includes a company limited by both shares and guarantee.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90AA.
Shares held by trustees of superannuation funds.

SECT

Inserted by No. 8, 1971, s. 16.
90AA. (1) For the purposes of this Division, a company shall be deemed (but not to the exclusion of any other person) to be beneficially entitled to, or to an interest in, shares in another company where the shares are, or the interest is, owned by the trustees of, or otherwise held directly or indirectly for the benefit of, a fund maintained wholly or partly for the purpose of providing pensions, retiring allowances or other personal benefits to or in respect of all or any employees or directors of the first-mentioned company.

(2) The last preceding sub-section does not apply in relation to shares, or an interest in shares, that became owned or held as referred to in that sub-section before the twelfth day of December, One thousand nine hundred and sixty-nine, so as to deem a company to have a share-holding interest in a company holding a licence, being an interest which the first-mentioned company would have been deemed to have had immediately before that date if that sub-section had been in force immediately before that date.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90B.
Tracing of shareholding interests through a series of companies.

SECT

Inserted by No. 31, 1969, s. 6.
90B. (1) For the purposes of this Division, other than section ninety E of this Act, where a person has shareholding interests in a company that has shareholding interests in another company, that person shall be deemed to have shareholding interests in that other company (in addition to any other shareholding interests) of an amount that bears to the amount of the shareholding interests of the first-mentioned company in that other company the same proportion as the amount of the shareholding interests of that person in the first-mentioned company bears to the total of the amounts paid on all shares in the first-mentioned company.

(2) In ascertaining for the purposes of the application of the last preceding sub-section the extent and amount of the shareholding interests of a company in another company, there shall be taken into account any shareholding interest which that first-mentioned company is to be deemed to have in that other company by any other application or applications of this section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90C.
Limitation of interests in commercial broadcasting stations.

SECT

Inserted by No. 31, 1969, s. 6.
90C. (1) Subject to this section, a person contravenes this section if, and so long as, he has a prescribed interest in the licences for-

(a) more than one metropolitan commercial broadcasting station in any State;

(b) more than four metropolitan commercial broadcasting stations in Australia;

(c) more than four commercial broadcasting stations in any one State; or

(d) more than eight commercial broadcasting stations in Australia.

(2) For the purposes of the last preceding sub-section, the Australian Capital Territory shall be deemed to form part of the State of New South Wales.

(3) Subject to this section and to section ninety Q of this Act, a person who contravenes this section is guilty of an offence against this section punishable, upon conviction, by a fine not exceeding Two thousand dollars and Two hundred dollars for every day on which the contravention continues.

(4) A person shall not be taken to be in contravention of this section in relation to any licences by reason only of either or both of the following:-

(a) the holding by him of shareholding interests in any of the companies holding the licences, being interests of which he became the holder before the prescribed date, or other circumstances that came into existence before the prescribed date, where the holding of those interests or the existence of those circumstances did not, immediately before the prescribed date, result in a contravention by that person of section ninety of the Broadcasting and Television Act 1942-1967; and

(b) the holding by him of shareholding interests in any of the companies holding the licences, being interests resulting from the allotment or issue, on or after the prescribed date, of shares in a company to a person who, immediately before that date, held shares in that company, where that person received or receives the shares so allotted or issued in accordance with rights of a kind enjoyed by him in common with other holders of shares of the same class as the shares that were so held.

(5) The last preceding sub-section shall not be construed as applying in relation to a person at any time at which that person is the holder of any shareholding interest in the company holding any of the licences concerned of which he became the holder on or after the prescribed date, other than an interest referred to in paragraph (b) of that sub-section, and the operation of this sub-section is not affected by the fact that, on or after the prescribed date and before that person became the holder of that interest, there had been a reduction in the amount of the shareholding interests held by that person in that company.

(6) For the purposes of this section, a shareholding interest that came into existence before the prescribed date shall be deemed to have continued as the same interest notwithstanding a variation of the amount of the interest resulting from the payment of calls on shares on or after the prescribed date.

(7) In this section, ''the prescribed date'' means the twenty-fourth day of September, One thousand nine hundred and sixty-eight.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90D.
Meaning of control of licence.

SECT

Inserted by No. 31, 1969, s. 6.
90D. (1) For the purposes of sections ninety and ninety F of this Act, a person shall be deemed to be in a position to exercise control of a licence if-

(a) that person is the holder of the licence;

(b) that person is in a position to exercise control of the company that holds the licence; or

(c) that person is in a position to exercise control of the operations conducted under or by virtue of the licence, the management of the station in respect of which the licence is in force or the selection or provision of the programmes to be broadcast by that station.

(2) Paragraph (c) of the last preceding sub-section does not apply to a person in relation to a licence-

(a) in the case of an advertiser or other person sponsoring a programme or programmes under an agreement made in the ordinary course of business-by reason only of his rights in respect of that programme or those programmes or of the fact that he has, under a contract relating to his sponsorship of that programme or those programmes, rights that are reasonably necessary to ensure to him the full commercial benefit of that sponsorship; or

(b) in the case of a person carrying on the business of supplying broadcasting programmes-by reason only of his rights under a contract for the supply by him of programmes to be broadcast by the station in respect of which the licence is in force, being rights created bona fide in the ordinary course of that business for the purpose only of protecting his commercial interests as a supplier of programmes.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90E.
Meaning of control of a company.

SECT

Inserted by No. 31, 1969, s. 6.
90E. (1) For the purposes of this Division, a person who-

(a) is in a position to exercise control of more than fifteen per centum of the maximum number of votes that could be cast on a poll at, or arising out of, a general meeting of a company, whether he is in such a position as regards all questions that could be submitted to such a poll or as regards one or more only of such questions;

(b) has shareholding interests in a company, being shareholding interests in respect of shares of a kind carrying voting rights on all questions at general meetings of the company, exceeding in amount fifteen per centum of the total of the amounts paid on all shares in the company of a kind carrying such voting rights; or

(c) has shareholding interests in a company exceeding in amount fifteen per centum of the total of the amounts paid on all shares in the company,
shall be deemed (but not to the exclusion of any other person) to be in a position to exercise control of that company, of any votes, in respect of another company, of which that company is in a position to exercise control and of all acts and operations of that company.

(2) For the purposes of this section, where a person is, or is to be deemed, by any application or applications of this section, to be in a position to exercise control of a company that has a shareholding interest in another company, that person shall be deemed (but not to the exclusion of any other person) to have that shareholding interest.

(3) For the purposes of this section-

(a) in ascertaining the votes, in respect of a company, of which a person is in a position to exercise control, there shall be included any votes in respect of that company of which that person is to be deemed, by any application or applications of this section, to be in a position to exercise control; and

(b) in ascertaining the shareholding interests of a company in another company, there shall be included any shareholding interest that the first-mentioned company is to be deemed, by any application or applications of this section, to have in that other company.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90F.
Directors.

SECT

Inserted by No. 31, 1969, s. 6.
90F. (1) Subject to this section, a person shall not be a director of two or more companies that are, between them, in a position to exercise control of licences for-

(a) more than one metropolitan commercial broadcasting station in any one State;

(b) more than four metropolitan commercial broadcasting stations in Australia;

(c) more than four commercial broadcasting stations in any one State; or

(d) more than eight commercial broadcasting stations in Australia.

Penalty: Two hundred dollars, and Twenty dollars for every day on which the offence continues.

(2) For the purposes of the last preceding sub-section, the Australian Capital Territory shall be deemed to form part of the State of New South Wales.

(3) Where-

(a) a person has a prescribed interest in the licences for-

(i) more than one metropolitan commercial broadcasting station in any State;

(ii) more than four metropolitan commercial broadcasting stations in Australia;

(iii) more than four commercial broadcasting stations in any one State; or

(iv) more than eight commercial broadcasting stations in Australia; and

(b) by virtue of sub-section (4) of section ninety C of this Act, that person is not to be taken to be in contravention of that section in relation to those licences,
this section does not operate to prohibit that person or a person designated by that person for the purposes of this sub-section or, if that person is a company, that company, a person so designated by that company or a director of that company, from being a director of two or more companies by reason only of the fact that those companies are, between them, in a position to exercise control of all or any of those licences.

(4) The designation of a person for the purposes of the last preceding sub-section-

(a) shall be effected by delivering notice in writing of the designation to the Minister;

(b) may be revoked by delivering notice in writing of revocation of the designation to the Minister; and

(c) has effect in relation to directorships held by the person designated at the time of the designation as well as in relation to directorships that commence after the designation.

(5) Where a person is contravening this section immediately after the commencement of this section by reason of directorships that were held by him immediately before the commencement of this section, that contravention is not an offence unless it continues after the thirty-first day of December, One thousand nine hundred and sixty-nine.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90G.
Condition as to non-resident shareholding.

SECT

Inserted by No. 31, 1969, s. 6.
90G. A licence is subject to a condition that, at all times during the currency of the licence-

(a) shares representing not less than eighty per centum of the issued capital of the licensee will be beneficially owned by persons each of whom is either a resident of Australia (other than a company) or a company controlled by persons (other than companies) who are residents of Australia; and

(b) shares representing more than fifteen per centum of the issued capital of the licensee will not be beneficially owned by a person (other than a company) who is not a resident of Australia or by a company controlled, directly or indirectly, by persons who are not residents of Australia.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90H.
Licence not to be granted in certain circumstances.

SECT

Inserted by No. 31, 1969, s. 6.
90H. A licence shall not be granted to a company where the circumstances are such that, upon the grant of that licence to that company, a person would be contravening sections ninety C or ninety F of this Act or the condition specified in the last preceding section would be contravened.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90J.
Changes in ownership of shares, &c.

SECT

Inserted by No. 31, 1969, s. 6.
90J. (1) Subject to this section, this section applies to a person in relation to a transaction (whether or not the person is a party to the transaction) where the transaction is in respect of shares in a company holding a licence, or shares in a company having a shareholding interest in such a company, and, as a result of the transaction-

(a) that person becomes the holder of shareholding interests in the company holding a licence (including any interests previously held) amounting to a prescribed interest in the licence; or

(b) that person, being already the holder of shareholding interests in the company holding a licence amounting to a prescribed interest in the licence, becomes the holder of a further shareholding interest, or an increase in the amount or proportion of his shareholding interests, in that company.

(2) Where, on or after the date of commencement of this section, a transaction in relation to which this section applies to a person is proposed or has taken place, that person may apply to the Minister for approval of the transaction in so far as it affects that person, and the Minister may, subject to this section, grant or refuse approval.

(3) Where, on or after the date of commencement of this section, a transaction in relation to which this section applies to a person has taken place and the approval of the Minister to the transaction, in so far as it affects that person, has not been given either before or after the transaction, the Minister may, within three months after the date of the transaction or after the date on which the Minister becomes aware of the facts by reason of which this sub-section is applicable, whichever is the later, by notice in writing served on that person by post or as prescribed, direct that, by a date specified in the notice, that person is to cease to have-

(a) shareholding interests in the company holding the licence amounting to a prescribed interest in the licence; or

(b) shareholding interests in that company exceeding in amount or proportion the shareholding interests that that person had in that company immediately before the transaction,
as the case requires.

(4) The Minister shall not refuse to grant approval under this section, and shall not give a notice under the last preceding sub-section, unless there has been a report by the Board upon such matters as are determined by the Board to be relevant to the application of this sub-section in relation to the transaction and the Minister, after considering the report of the Board and any recommendation made in that report-

(a) is of the opinion that the transaction has resulted or would result in a contravention by the person concerned of section ninety C of this Act; or

(b) considers it necessary to do so in order to maintain such ownership and control, whether direct or indirect, of the company holding the licence as, in his opinion, best accord with the public interest.

(5) A person who becomes a party to, or accepts benefits under, a transaction, being a transaction in relation to which this section applies to him, without the approval of the Minister having been given to the transaction in so far as it affects that person, is guilty of an offence against this section.

(6) Where a person to whom a notice has been given under subsection (3) of this section continues for any period after the date specified in the notice to have shareholding interests in the company referred to in the notice that do not accord with the direction in the notice, that person is guilty of an offence against this section, and the offence shall be deemed to continue on every day of that period.

(7) An offence against this section is punishable by a fine not exceeding Two thousand dollars, and Two hundred dollars for every day on which the offence continues.

(8) A reference in this section to the proportion of a person's shareholding interests in a company shall be read as a reference to the proportion that the amount of that person's shareholding interests in that company bears to the total of the amounts paid on all shares in that company.


BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90K. 
Changes in memorandum or articles of association of licensee. 

SECT

Inserted by No. 31, 1969, s. 6.

  90K. (1) A licence is subject to a condition that a change in the memorandum
or articles of association of the company holding the licence will not take
place without the approval of the Minister.

  (2) A purported change in the memorandum or articles of association of a
company holding a licence that is made without the approval of the Minister is
void.

  (3) The Minister shall grant his approval under this section unless he is
satisfied that it is desirable in the public interest not to do so for reasons
related to the holding of a licence by the company.

  (4) Sub-sections (1) and (2) of this section do not apply in relation to a
change in the articles of association of a company for the purpose of
complying with the condition specified in the next succeeding section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90L.
Articles to contain certain provisions.

SECT

Inserted by No. 31, 1969, s. 6.
90L. (1) A licence is subject to a condition that the articles of association of the company holding the licence will at all times contain-

(a) provisions under which a person is not eligible to become, or to continue to be, the holder of shares in the company where, by reason of his holding those shares and of any other relevant circumstances-

(i) he or some other person would contravene section ninety C of this Act; or

(ii) there would be a contravention of the condition specified in section ninety G of this Act;

(b) provisions under which the company may secure the disposal of shares held by a person to the extent necessary to prevent the continuance of a contravention of the provisions referred to in the last preceding paragraph or of shares held by a person who refuses or fails to furnish a statutory declaration as required under the provisions referred to in paragraph (d) of this subsection;

(c) provisions under which a person seeking to become the holder of shares in the company is required to present to the company a statutory declaration made by him or, where the person is a company, made by a competent officer thereof-

(i) stating whether the shares will be held by the person beneficially and, if not, who will have beneficial interests in the shares; and

(ii) stating whether the person, or any person who will have a beneficial interest in the shares, has a prescribed interest, within the meaning of this Division, in a licence held by any other company, and giving particulars of any such prescribed interest; and

(d) provisions under which a person holding shares in the company may be required by the company, from time to time, to furnish to the company statutory declarations concerning matters relevant to his eligibility to continue to be the holder of those shares, having regard to the provisions referred to in paragraph (a) of this sub-section.

(2) Where the Minister, by writing under his hand, approves any provisions of the articles of association of a company holding or applying for a licence as complying substantially with the requirements of this section, those provisions shall be deemed to comply with those requirements.

(3) A licence shall not be granted unless the articles of association of the company concerned will, upon the grant of the licence, comply with the condition specified in sub-section (1) of this section.

(4) A licence is subject to a condition that the company, and the directors and officers of the company, will take reasonable measures to enforce the provisions of the articles containing the provisions referred to in sub-section (1) of this section.

(5) In the case of a company that held a licence at the commencement of this section, the preceding provisions of this section do not apply until the thirty-first day of December, One thousand nine hundred and sixty-nine, or such later date as the Minister approves in relation to that company.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90M.
Condition as to statutory declarations.

SECT

Inserted by No. 31, 1969, s. 6.
90M. A licence is subject to a condition that the Chairman of Directors of the licensee or another director approved by the Minister, and the person holding or acting in the office of manager of the licensee or the person holding or acting in the office of secretary of the licensee, will make and lodge with the Board, not less than four weeks, and not more than six weeks, before the end of each year of the currency of the licence, statutory declarations, made on the same day, in respect of the period that commenced on the day next following the end of the period in respect of which the last declarations under this section were made (or, in the case of the first declarations under this section in relation to a licence, that commenced on the day on which the licence was granted) and ended on the day next preceding the day on which the declarations are made, stating, in the case of each declarant-

(a) whether, to the best of his knowledge and belief, there has been, at any time during that period, any contravention of section ninety C of this Act in relation to licences that include that licence and the particulars of any such contravention;

(b) the name and address of each person, who, to the best of his knowledge and belief, has had, at any time during that period, a prescribed interest in the licence and particulars of every such prescribed interest;

(c) whether, to the best of his knowledge and belief, the condition specified in section ninety G of this Act has been complied with at all times during that period, and the particulars of any contravention of that condition; and

(d) what steps he has taken to ascertain the matters referred to in the declaration.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90N.
Trusts not valid unless notified.

SECT

Inserted by No. 31, 1969, s. 6.
90N. (1) For the purpose of facilitating the enforcement of this Division, where a trust is or has been created, by writing (other than a will) or orally, of a share in a company, and that company is the holder of a licence, the trust is not, and shall be deemed not to have been, valid for any purpose after the expiration of a period of three months after the prescribed date unless, before the expiration of that period, notice of the existence and nature of the trust and of the name of the beneficiary was or is given in writing to the company.

(2) The prescribed date for the purposes of the last preceding sub-section is-

(a) the thirty-first day of December, One thousand nine hundred and sixty-nine; or

(b) the date of creation of the trust; or

(c) the date of the grant of the licence,
whichever is the latest.

(3) This section extends to a trust created by a person before that person became or becomes the owner of the share, and in such a case the trust shall, for the purposes of this section, be deemed to be or to have been created at the time at which that person became or becomes the owner of the share.

(4) Nothing in this section shall be taken to render valid as against a company a trust of shares in the company that would not have been valid as against the company if this section had not been enacted.

(5) A company to which a notice is given for the purposes of this section shall forthwith acknowledge in writing the receipt of the notice.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90P.
Board may require declarations as to beneficial ownership.

SECT

Inserted by No. 31, 1969, s. 6.
90P. (1) Where a person is the holder of shares in a company holding a licence or in any other company and it appears to the Board that, by virtue of that shareholding, that person or some other person has a shareholding interest in a company holding a licence, the Board may, by notice in writing served on that person by post or as prescribed, require that person to furnish to the Board, in the manner and within the time specified in the notice, a statutory declaration of that person or, if that person is a company, of the secretary or a director of that company, stating whether that person is the beneficial owner of the shares, and, if not, who is the beneficial owner of the shares.

(2) A person on whom a notice is served under this section shall comply with the requirement of the notice.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90Q.
Defences.

SECT

Inserted by No. 31, 1969, s. 6.
90Q. It is a defence to a prosecution for a contravention of section ninety C or ninety F of this Act if the defendant satisfies the court that-

(a) the contravention arose by reason of circumstances beyond his control or through inadvertence; and

(b) as soon as practicable after becoming aware of the contravention, he took all reasonable steps with a view to causing the contravention to cease.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 90R.
Prosecutions.

SECT

Inserted by No. 31, 1969, s. 6.
90R. (1) An offence against a provision of this Division may be prosecuted at any time.

(2) The fact that a person has been convicted of an offence against a provision of this Division does not prevent a further prosecution and conviction in respect of a continuation of the offence after the date on which he was so convicted.

(3) A prosecution for an offence against a provision of this Division shall be brought only in the Commonwealth Industrial Court.

(4) Jurisdiction is conferred on the Commonwealth Industrial Court to hear and determine prosecutions so brought.

(5) The jurisdiction of the Commonwealth Industrial Court under this section may be exercised by a single Judge.

(6) Proceedings in the Commonwealth Industrial Court in accordance with this section-

(a) may be instituted by summons upon information; and

(b) shall not be instituted except with the consent in writing of the Attorney-General or of a person authorized by the Attorney-General, by writing under his hand, to give such consents.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 91.
Division 3 substituted by No. 38, 1965, s. 7. Division 3-Limitation of

SECT

Ownership or Control of Commercial Television
Stations
Interpretation.
Substituted by No. 38, 1965, s. 7.
91. (1) In this Division, unless the contrary intention appears-

''control'' includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights;

''debentures'', in relation to a company, includes mortgages, and instruments charging, or giving rise to a charge on, assets of the company, to secure the payment of moneys by the company, and debenture stock, bonds, notes and any other securities of the company, whether constituting a charge on the assets of the company or not;

''interest'' means a shareholding interest or a loan interest;

''licence'' means a licence for a commercial television station;

''transaction'' includes-

(a) the allotment to a person of shares or the issue to a person of debentures, the payment of calls on shares, the repayment of capital in respect of shares or the redemption or repayment of debentures; and

(b) the disposition, by assignment, declaration of trust or by any other means, of, or of any part of, the beneficial ownership of shares or debentures.

(2) For the purposes of this Division, a person has a prescribed interest in a licence if he is-

(a) the holder of the licence;

(b) in a position to exercise control, either directly or indirectly, of the licence;

(c) in a position to exercise control of more than five per centum of the maximum number of votes that could be cast on a poll at, or arising out of, a general meeting of the company holding the licence, whether he is in such a position as regards all questions that could be submitted to such a poll or as regards one or more only of such questions;

(d) the holder of interests in the company holding the licence exceeding in amount five per centum of the total of the amounts of all the interests in that company that would exist if sections ninety-one A and ninety-one E of this Act had not been enacted; or

(e) the holder of shareholding interests in the company holding the licence exceeding in amount five per centum of the total of the amounts paid on all shares in that company.

(4) For the purposes of this Division but subject to the next succeeding sub-section-

(a) a person has a loan interest in a company holding a licence if he is, or would be, beneficially entitled to, or to a part of, moneys of any of the following descriptions payable or becoming payable by the company (whether the moneys are presently payable or not, whether the liability of the company is unconditional or not and whether or not there is security for the payment of the moneys), namely:-

(i) moneys, other than interest, payable under, or secured by, debentures of the company;

(ii) other moneys payable by the company, being moneys payable by way of repayment of moneys lent to, or deposited with, the company by any person; or

(iii) moneys payable under a negotiable instrument to the extent that the instrument is in respect of, or the liability to pay those moneys is in substitution for, a liability to pay moneys to which sub-paragraph (i) or (ii) of this paragraph relates; and

(b) the amount of the loan interest is the amount of those moneys or of that part of those moneys, as the case requires.

(5) The moneys to which the last preceding sub-section relates do not include-

(a) moneys payable to a bank in respect of an overdraft; or

(b) moneys payable to a person as consideration in respect of the suppy by that person of equipment for use as part of, or in the operation of, a television station.

(6) For the purposes of this Division, a person who is beneficially entitled to, or is one of the persons beneficially entitled to, any shares shall be deemed (but not to the exclusion of any other person) to be in a position to exercise control of the voting rights in respect of those shares.

(7) The express references in this Division to companies shall not be taken to indicate that references to persons do not include references to companies.

(8) For the purposes of this Division, a licence granted by way of renewal of a licence shall be deemed to be a continuation of the first- mentioned licence.

(9) A reference in this Division to shares in a company, or in a particular company, shall be read as a reference to shares in, or stock forming part of, the capital of a company, or of the particular company.

(10) A reference in this Division to an amount paid on shares in a company shall be read as including a reference to an amount treated by the company as having been so paid.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 91AA.
Companies limited by guarantee.

SECT

Inserted by No. 31, 1969, s. 7.
91AA. (1) In relation to a company limited by guarantee, this Division has effect as if every such company had a share capital and as if every member of such a company, and every person having a beneficial interest in any right or interest of a member of such a company in or in relation to a company, had a shareholding interest in the company of an amount bearing to the total of the amounts paid on all shares in the company the proportion ascertained in accordance with whichever of sub-sections (2) to (5), inclusive, of this section is applicable or, if more than one of those sub-sections is applicable, the greatest of the proportions ascertained in accordance with the sub-sections that are so applicable.

(6) Nothing in this section limits any operation that this Division has, apart from this section, in relation to a company limited by guarantee.

(7) In this section, ''company limited by guarantee'' includes a company limited by both shares and guarantee.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 91AB.
Shares held by trustees of superannuation funds.

SECT

Inserted by No. 8, 1971, s. 17.
91AB. (1) For the purposes of this Division a company shall be deemed (but not to the exclusion of any other person) to be beneficially entitled to, or to an interest in, shares in another company where the shares are, or the interest is, owned by the trustees of, or otherwise held directly or indirectly for the benefit of, a fund maintained wholly or partly for the purpose of providing pensions, retiring allowances or other personal benefits to or in respect of all or any employees or directors of the first-mentioned company.

(2) The last preceding sub-section does not apply in relation to shares, or an interest in shares, that became owned or held as referred to in that sub-section before the twelfth day of December, One thousand nine hundred and sixty-nine, so as to deem a company to have an interest in a company holding a licence, being an interest which the first-mentioned company would have been deemed to have had immediately before that date if that sub-section had been in force immediately before that date.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 91A.
Tracing of shareholding interests through a series of companies.

SECT

Inserted by No. 38, 1965, s. 7.
91A. (1) For the purposes of this Division, other than section ninety-two B of this Act, where a person has shareholding interests in a company that has shareholding interests in another company, that person shall be deemed to have shareholding interests in that other company (in addition to any other shareholding interests) of an amount that bears to the amount of the shareholding interests of the first-mentioned company in that other company the same proportion as the amount of the shareholding interests of that person in the first-mentioned company bears to the total of the amounts paid on all shares in the first-mentioned company.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 91B.
Indirect loan interests in licensed companies.

SECT

Inserted by No. 38, 1965, s. 7.
91B. For the purposes of this Division, a person who is in a position to exercise control of a company that has a loan interest in a company holding a licence shall be deemed (but not to the exclusion of any other person) to have that loan interest.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92.
Limitation of interests in commercial television stations.

SECT

Substituted by No. 38, 1965, s. 7.
92. (1) Subject to this section, a person contravenes this section if, and so long as, he has a prescribed interest in-

(a) each of three or more licences;

(b) each of two or more licences for stations in a Territory; or

(c) each of two or more licences for stations in a State and within a radius of thirty miles of the General Post Office in the capital city of the State.
Amended by No. 57, 1966, s. 4.

(2) Subject to this section and to section ninety-two K of this Act, a person who contravenes this section is guilty of an offence against this section punishable, upon conviction, by a fine not exceeding Two thousand dollars and Two hundred dollars for every day on which the contravention continues.

(3) A person shall not be taken to be in contravention of this section in relation to any licences by reason only of one or more of the following:-

(a) the holding by him of interests in any of the companies holding the licences, being interests of which he became the holder before the prescribed date, or other circumstances that came into existence before the prescribed date, where-

(i) the holding of those interests or the existence of those circumstances did not, immediately before the prescribed date, result in a contravention by that person of section ninety-two of the Broadcasting and Television Act 1942-1964; or

(ii) on or after the prescribed date action has been taken which, if it had been taken before the prescribed date, would have caused the holding of those interests or the existence of those other circumstances not to result in such a contravention;

(b) the holding by him of interests in any of the companies holding the licences, being interests of which he became the holder on or after the prescribed date, if the Minister has certified in writing that the acquisition of the interests has been approved by him for the purposes of this sub-section as part of the carrying out of a scheme for the re-arrangement, consistently with the prohibitions that were contained in section ninety-two of the Broadcasting and Television Act 1942-1964, of matters resulting from a transaction entered into before the prescribed date; and

(c) the holding by him of interests in any of the companies holding the licences, being interests resulting from the allotment or issue, on or after the prescribed date, of shares in, or debentures of, a company to a person who, immediately before that date, held shares in, or debentures of, that company, where that person received or receives the shares or debentures so allotted or issued in accordance with rights of a kind enjoyed by him in common with other holders of shares or debentures of the same class as the shares or debentures that were so held.

(4) The last preceding sub-section shall not be construed as applying in relation to a person at any time at which that person is the holder of any interest in the company holding any of the licences concerned of which he became the holder on or after the prescribed date, other than an interest referred to in paragraph (b) or (c) of that sub-section, and the operation of this sub-section is not affected by the fact that, on or after the prescribed date and before that person became the holder of that interest, there had been a reduction in the amount of the interests held by that person in that company.

(5) For the purposes of this section, a shareholding interest that came into existence before the prescribed date shall be deemed to have continued as the same interest notwithstanding a variation of the amount of the interest resulting from the payment of calls on shares on or after the prescribed date.

(6) In this section, ''the prescribed date'' means the seventeenth day of December, One thousand nine hundred and sixty-four.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92A.
Meaning of control of licence.

SECT

Substituted by No. 38, 1965, s. 7.
92A. (1) For the purposes of sections ninety-one and ninety-two C of this Act, a person shall be deemed to be in a position to exercise control of a licence if-

(a) that person is the holder of the licence;

(b) that person is in a position to exercise control of the company that holds the licence; or

(c) that person is in a position to exercise control of the operations conducted under or by virtue of the licence, the management of the station in respect of which the licence is in force or the selection or provision of the programmes to be televised by that station.

(2) Paragraph (c) of the last preceding sub-section does not apply to a person in relation to a licence-

(a) in the case of an advertiser or other person sponsoring a programme or programmes under an agreement made in the ordinary course of business-by reason only of his rights in respect of that programme or those programmes or of the fact that he has, under a contract relating to his sponsorship of that programme or those programmes, rights that are reasonably necessary to ensure to him the full commercial benefit of that sponsorship; or

(b) in the case of a person carrying on the business of supplying television programmes-by reason only of his rights under a contract for the supply by him of programmes to be televised by the station in respect of which the licence is in force, being rights created bona fide in the ordinary course of that business for the purpose only of protecting his commercial interests as a supplier of programmes.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92B.
Meaning of control of a company.

SECT

Substituted by No. 38, 1965, s. 7.
Sub-section (1) amended by No. 31, 1969, s. 8.
92B. (1) For the purposes of this Division, a person who-

(a) is in a position to exercise control of more than fifteen per centum of the maximum number of votes that could be cast on a poll at, or arising out of, a general meeting of a company, whether he is in such a position as regards all questions that could be submitted to such a poll or as regards one or more only of such questions; or

(b) has shareholding interests in a company, being shareholding interests in respect of shares of a kind carrying voting rights on all questions at general meetings of the company, exceeding in amount fifteen per centum of the total of the amounts paid on all shares in the company of a kind carrying such voting rights; or

(c) has shareholding interests in a company exceeding in amount fifteen per centum of the total of the amounts paid on all shares in the company,
shall be deemed (but not to the exclusion of any other person) to be in a position to exercise control of that company, of any votes, in respect of another company, of which that company is in a position to exercise control and of all acts and operations of that company.
Amended by No. 31, 1969, s. 8.

(2) For the purposes of this section, where a person is or is to be deemed, by any application or applications of this section, to be in a position to exercise control of a company that has a shareholding interest in another company, that person shall be deemed (but not to the exclusion of any other person) to have that shareholding interest.
Amended by No. 31, 1969, s. 8.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92C.
Directors.

SECT

Substituted by No. 38, 1965, s. 7. Sub-section (1) amended by No. 57, 1966, s. 4.
92C. (1) A person shall not be a director of two or more companies that are, between them, in a position to exercise control of three or more licences.

Penalty: Two hundred dollars, and Twenty dollars for every day on which the offence continues.
Amended by No. 120, 1965, s. 3.

(2) Where-

(a) a person has a prescribed interest in each of three or more licences; and

(b) by virtue of sub-section (3) of section ninety-two of this Act, that person is not to be taken to be in contravention of that section in relation to those licences,
this section does not operate to prohibit that person or a person designated by that person for the purposes of this sub-section or, if that person is a company, that company, a person so designated by that company or a director of that company from being a director of two or more companies by reason only of the fact that those companies are, between them, in a position to exercise control of all or any of those licences.
Substituted by No. 120, 1965, s. 3.

(3) The designation of a person for the purposes of the last preceding sub-section-

(a) shall be effected by delivering notice in writing of the designation to the Minister;

(b) may be revoked by delivering notice in writing of revocation of the designation to the Minister; and

(c) has effect in relation to directorships held by the person designated at the time of the designation as well as in relation to directorships that commence after the designation.

(4) Where-

(a) a person is contravening this section immediately after the commencement of the Broadcasting and Television Act 1965 by reason of directorships that were held by him immediately before that commencement; and

(b) the holding of those directorships did not, immediately before that commencement, constitute an offence against section ninety-two C of the Broadcasting and Television Act 1942-1964,
the contravention is not an offence unless it continues after the thirty-first day of December, One thousand nine hundred and sixty-five.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92D.
Condition as to non-resident shareholding.

SECT

Substituted by No. 38, 1965, s. 7.
92D. A licence is subject to a condition that, at all times, during the currency of the licence-

(a) shares representing not less than eighty per centum of the issued capital of the licensee will be beneficially owned by persons each of whom is either a resident of Australia (other than a company) or a company controlled by persons (other than companies) who are residents of Australia; and

(b) shares representing more than fifteen per centum of the issued capital of the licensee will not be beneficially owned by a person (other than a company) who is not a resident of Australia or by a company controlled, directly or indirectly, by persons who are not residents of Australia.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92E.
Licence not to be granted in certain circumstances.

SECT

Substituted by No. 38, 1965, s. 7.
92E. A licence shall not be granted to a company where the circumstances are such that, upon the grant of that licence to that company, a person would be contravening section ninety-two or ninety-two C of this Act or the condition specified in the last preceding section would be contravened.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92F.
Changes in ownership of shares, &c.

SECT

Substituted by No. 38, 1965, s. 7.
92F. (1) Subject to this section, this section applies to a person in relation to a transaction (whether or not the person is a party to the transaction) where-

(a) the transaction is in respect of shares in a company holding a licence, or shares in a company having a shareholding interest in such a company, and, as a result of the transaction-

(i) that person becomes the holder of shareholding interests in the company holding a licence (including any interests previously held) amounting to a prescribed interest in the licence; or

(ii) that person, being already the holder of shareholding interests in the company holding a licence amounting to a prescribed interest in the licence, becomes the holder of a further shareholding interest, or an increase in the amount or proportion of his shareholding interests, in that company; or

(b) the transaction is in respect of shares in, or debentures of, a company holding a licence and, as a result of the transaction-

(i) that person becomes the holder of interests in the company holding a licence (including any interests previously held) amounting to a prescribed interest in the licence; or

(ii) that person, being already the holder of interests in the company holding a licence amounting to a prescribed interest in the licence, becomes the holder of a further interest, or an increase in the amount or proportion of his interests, in that company.

(2) Where, on or after the date of commencement of the Broadcasting and Television Act 1965, a transaction in relation to which this section applies to a person is proposed or has taken place, that person may apply to the Minister for approval of the transaction in so far as it affects that person, and the Minister may, subject to this section, grant or refuse approval.

(3) Where, on or after the date of commencement of the Broadcasting and Television Act 1965, a transaction in relation to which this section applies to a person has taken place and the approval of the Minister to the transaction, in so far as it affects that person, has not been given either before or after the transaction, the Minister may, within three months after the date of the transaction or after the date on which the Minister becomes aware of the facts by reason of which this sub-section is applicable, whichever is the later, by notice in writing served on that person by post or as prescribed, direct that, by a date specified in the notice, that person is to cease to have-

(a) where the transaction was one referred to in paragraph (a) of sub-section (1) of this section-

(i) shareholding interests in the company holding the licence amounting to a prescribed interest in the licence; or

(ii) shareholding interests in that company exceeding in amount or proportion the shareholding interests that that person had in that company immediately before the transaction,

as the case requires; or

(b) where the transaction was one referred to in paragraph (b) of sub-section (1) of this section-

(i) interests in the company holding the licence amounting to a prescribed interest in the licence; or

(ii) interests in that company exceeding in amount or proportion the interests that that person had in that company immediately before the transaction,

as the case requires.

(4) The Minister shall not refuse to grant approval under this section, and shall not give a notice under the last preceding sub-section, unless there has been a report by the Board upon such matters as are determined by the Board to be relevant to the application of this sub-section in relation to the transaction and the Minister, after considering the report of the Board and any recommendation made in that report-

(a) is of the opinion that the transaction has resulted or would result in a contravention by the person concerned of section ninety-two of this Act; or

(b) considers it necessary to do so in order to maintain such ownership and control, whether direct or indirect, of the company holding the licence as, in his opinion, best accord with the public interest.

(6) Where a person to whom a notice has been given under sub- section (3) of this section continues for any period after the date specified in the notice to have shareholding interests, or interests, as the case may be, in the company referred to in the notice that do not accord with the direction in the notice, that person is guilty of an offence against this section, and the offence shall be deemed to continue on every day of that period.
Amended by No. 57, 1966, s. 4.

(7) An offence against this section is punishable by a fine not exceeding Two thousand dollars, and Two hundred dollars for every day on which the offence continues.

(9) A reference in this section to the proportion of a person's interests in a company shall be read as a reference to the proportion that the amount of that person's interests in that company bears to the total of the amounts of all the interests in that company that would exist if sections ninety-one A and ninety-one B of this Act had not been enacted.


BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92FA. 
Changes in memorandum or articles of association of licensee. 

SECT

Inserted by No. 38, 1965, s. 7.

  92FA. (1) A licence is subject to a condition that a change in the
memorandum or articles of association of the company holding the licence will
not take place without the approval of the Minister.

  (2) A purported change in the memorandum or articles of association of a
company holding a licence that is made without the approval of the Minister is
void.

  (3) The Minister shall grant his approval under this section unless he is
satisfied that it is desirable in the public interest not to do so for reasons
related to the holding of a licence by the company.

  (4) Sub-sections (1) and (2) of this section do not apply in relation to a
change in the articles of association of a company for the purpose of
complying with the condition specified in the next succeeding section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92G.
Articles to contain certain provisions.

SECT

Substituted by No. 38, 1965, s. 7.
92G. (1) A licence is subject to a condition that the articles of association of the company holding the licence will at all times contain-

(a) provisions under which a person is not eligible to become, or to continue to be, the holder of shares in the company where, by reason of his holding those shares and of any other relevant circumstances-

(i) he or some other person would contravene section ninety-two of this Act; or

(ii) there would be a contravention of the condition specified in section ninety-two D of this Act;

(b) provisions under which the company may secure the disposal of shares held by a person to the extent necessary to prevent the continuance of a contravention of the provisions referred to in the last preceding paragraph or of shares held by a person who refuses or fails to furnish a statutory declaration as required under the provisions referred to in paragraph (d) of this sub- section;

(c) provisions under which a person seeking to become the holder of shares in the company is required to present to the company a statutory declaration made by him or, where the person is a company, made by a competent officer thereof-

(i) stating whether the shares will be held by the person beneficially and, if not, who will have beneficial interests in the shares; and

(ii) stating whether the person, or any person who will have a beneficial interest in the shares, has a prescribed interest, within the meaning of this Division, in a licence held by any other company, and giving particulars of any such prescribed interest; and

(d) provisions under which a person holding shares in the company may be required by the company, from time to time, to furnish to the company statutory declarations concerning matters relevant to his eligibility to continue to be the holder of those shares, having regard to the provisions referred to in paragraph (a) of this sub-section.

(4) A licence is subject to a condition that the company and the directors and officers of the company, will take reasonable measures to enforce the provisions of the articles containing the provisions referred to in sub-section (1) of this section.

(5) In the case of a company that held a licence at the commencement of the Broadcasting and Television Act 1965-

(a) the preceding provisions of this section do not apply; and

(b) the provisions of section ninety-two G of the Broadcasting and Television Act 1942-1964 continue to apply,
until the first day of January, One thousand nine hundred and sixty-six, or such later date as the Minister approves in relation to that company.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92H.
Condition as to statutory declarations.

SECT

Substituted by No. 38, 1965, s. 7.
92H. A licence is subject to a condition that the Chairman of Directors of the licensee or another director approved by the Minister, and the person holding or acting in the office of manager of the licensee or the person holding or acting in the office of secretary of the licensee, will make and lodge with the Board, not less than four weeks, and not more than six weeks, before the end of each year of the currency of the licence, statutory declarations, made on the same day, in respect of the period that commenced on the day next following the end of the period in respect of which the last declarations under this section, or the section for which this section was substituted, were made (or, in the case of the first declarations under this section in relation to a licence, that commenced on the day on which the licence was granted) and ended on the day next preceding the day on which the declarations are made, stating, in the case of each declarant-

(a) whether, to the best of his knowledge and belief, there has been, at any time during that period, any contravention of section ninety-two of this Act in relation to licences that include that licence, and the particulars of any such contravention;

(b) the name and address of each person who, to the best of his knowledge and belief, has had, at any time during that period, a prescribed interest in the licence and particulars of every such prescribed interest;

(c) whether, to the best of his knowledge and belief, the condition specified in section ninety-two D of this Act has been complied with at all times during that period, and the particulars of any contravention of that condition; and

(d) what steps he has taken to ascertain the matters referred to in the declaration.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92J.
Trusts not valid unless notified.

SECT

Substituted by No. 38, 1965, s. 7.
92J. (1) For the purpose of facilitating the enforcement of this Division, where a trust is or has been created, by writing (other than a will) or orally, of a share in, or debenture of, a company, and that company is the holder of a licence, the trust is not, and shall be deemed not to have been, valid for any purpose after the expiration of a period of three months after the prescribed date unless, before the expiration of that period, notice of the existence and nature of the trust and of the name of the beneficiary was or is given in writing to the company.
Amended by No. 216, 1973, s. 3.

(2) The prescribed date for the purposes of the last preceding sub-section is-

(a) 8 June 1960, or, in relation to a trust of shares not carrying voting rights or a trust of debentures, 2 June 1965;

(b) the date of creation of the trust; or

(c) the date of the grant of the licence,
whichever is the latest.

(3) This section extends to a trust created by a person before that person became or becomes the owner of the share or debenture, and in such a case the trust shall, for the purposes of this section, be deemed to be or to have been created at the time at which that person became or becomes the owner of the share or debenture.

(4) Nothing in this section shall be taken to render valid as against a company a trust of shares in, or debentures of, the company that would not have been valid as against the company if this section had not been enacted.

(5) A company to which a notice is given for the purposes of this section shall forthwith acknowledge in writing the receipt of the notice.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92JA.
Board may require declarations as to beneficial ownership.

SECT

Inserted by No. 38, 1965, s. 7.
Sub-section (1) amended by No. 31, 1969, s. 9.
92JA. (1) Where a person is the holder of shares in a company holding a licence or in any other company, or is or would be entitled to moneys payable or becoming payable by a company holding a licence, and it appears to the Board that, by virtue of that shareholding or entitlement, that person or some other person has a shareholding interest or a loan interest in a company holding a licence, the Board may, by notice in writing served on that person by post or as prescribed, require that person to furnish to the Board, in the manner and within the time specified in the notice, a statutory declaration of that person or, if that person is a company, of the secretary or a director of that company, stating whether that person is the beneficial owner of the shares, or is or would be beneficially entitled to the moneys, and, if not, who is the beneficial owner of the shares or who is beneficially entitled to the moneys.

(2) A person on whom a notice is served under this section shall comply with the requirement of the notice.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92K.
Defences.

SECT

Substituted by No. 38, 1965, s. 7.
92K. It is a defence to a prosecution for a contravention of section ninety-two or ninety-two C of this Act if the defendant satisfies the court that-

(a) the contravention arose by reason of circumstances beyond his control or through inadvertence; and

(b) as soon as practicable after becoming aware of the contravention, he took all reasonable steps with a view to causing the contravention to cease.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 92KA.
Prosecutions.

SECT

Inserted by No. 38, 1965, s. 7.
92KA. (1) An offence against a provision of this Division may be prosecuted at any time.

(3) A prosecution for an offence against a provision of this Division shall be brought only in the Commonwealth Industrial Court.

(4) Jurisdiction is conferred on the Commonwealth Industrial Court to hear and determine prosecutions so brought.

(5) The jurisdiction of the Commonwealth Industrial Court under this section may be exercised by a single Judge.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 93.
Division 4 substituted by No. 33, 1956, s. 40.

SECT

Division 4-Technical Conditions
Technical equipment and operation.
Substituted by No. 33, 1956, s. 40.
93. The technical equipment of a commercial broadcasting station or a commercial television station-

(a) shall be designed, installed and maintained to the satisfaction of the Board and shall not be altered without the consent of the Board; and

(b) shall be operated in such manner as the Board approves and only by such persons as, in the opinion of the Board, are competent to operate the equipment.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 94.
Situation.

SECT

Substituted by No. 33, 1956, s. 40.
94. A commercial broadcasting station or a commercial television station shall be situated at such place as the Board, subject to any direction of the Minister, determines.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 95.
Operating power.

SECT

Substituted by No. 33, 1956, s. 40.
95. The operating power of a commercial broadcasting station or a commercial television station shall be such as the Board, subject to any direction of the Minister, determines.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 96.
Operating frequency.

SECT

Substituted by No. 33, 1956, s. 40.
96. (1) The frequency of a commercial broadcasting station shall be such as the Board, subject to any direction of the Minister, determines and shall be maintained to a constancy to the satisfaction of the Board.

(2) The frequencies of a commercial television station shall be such as the Board, subject to any direction of the Minister, determines and each frequency shall be maintained to a constancy to the satisfaction of the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 97.
Hours of service.

SECT

Substituted by No. 33, 1956, s. 40.
97. A licensee shall not broadcast or televise programmes except during such hours as the Board determines.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 98.
Inspection.

SECT

Substituted by No. 33, 1956, s. 40.
98. A commercial broadcasting station or a commercial television station shall, at all reasonable times, be open to inspection by an authorized officer and the licensee shall afford such an officer every facility for the inspection.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 99.
Division 5 substituted by No. 33, 1956, s. 40.

SECT

Division 5-Programmes
Programmes.
Substituted by No. 33, 1956, s. 40.
99. (1) A licensee shall provide programmes and shall supervise the broadcasting or televising of programmes from his station in such manner as to ensure, as far as practicable, that the programmes are in accordance with standards determined by the Board.

(2) If the programmes broadcast from a commercial broadcasting station or televised from a commercial television station are not, in whole or in part, in accordance with the standards determined by the Board, the licensee shall, if so directed by the Board, vary the programmes so that they shall conform with those standards.

(3) The Minister may, from time to time, by notice given by telegram or in writing, prohibit a licensee from broadcasting or televising any matter, or matter of any class or character, specified in the notice, or may require the licensee to refrain from broadcasting or televising any such matter.

(4) A licensee shall, upon request by the Board, make available to the Board or an authorized officer any writing, record, film or other material or device used in connexion with or for the purposes of a programme.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 100.
Advertisements.

SECT

Substituted by No. 33, 1956, s. 40.
100. (1) Subject to this Act, a licensee may broadcast or televise advertisements.

(2) A licensee intending to broadcast or televise advertisements shall publish particulars of his advertising charges.

(3) A licensee shall not, without reasonable cause, discriminate against any person applying for the use of his advertising service.

(4) A licensee shall comply with such standards as the Board determines in relation to the broadcasting or televising of advertisements.

(5) A licensee shall not broadcast or televise advertisements on a Sunday except in such manner and in accordance with such conditions as the Board determines.

(6) A licensee shall not broadcast or televise an advertisement relating to a medicine unless the text of the proposed advertisement has been approved by the Director-General of Health or, on appeal to the Minister under this section, by the Minister.

(7) The Director-General of Health may delegate to a medical officer of a State his power under this section to approve the text of an advertisement.

(8) Any such delegation is revocable in writing at will and does not prevent the exercise of a power by the Director-General of Health.

(9) A person may appeal to the Minister from any decision of the Director-General of Health or of a delegate of the Director-General of Health under this section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 100A.
Advertisements for cigarettes, &c.

SECT

Inserted by No. 49, 1972, s. 3.
Sub-section (1) amended by No. 216, 1973, s. 3.
100A. (1) A licensee shall cause each advertisement for cigarettes or cigarette tobacco broadcast or televised from his station to be followed immediately, as provided by this section, by the following statement:-

''Medical authorities warn that smoking is a health hazard.''

(2) If the advertisement is in a language other than English, the statement shall be made in that other language.

(3) In the case of a televised advertisement-

(a) the statement shall be made simultaneously by image and sound;

(b) the statement by image shall be transmitted for a time not less than the time occupied by the transmission of the associated sound;

(c) the statement by image-

(i) shall be in bold face capitals;

(ii) shall be in letters the height of each of which is not less than one-twentieth of the height of the screen of a television receiver;

(iii) shall be so arranged and transmitted as to be readily legible, under normal conditions of viewing, when shown on the screen of a television receiver; and

(iv) shall be so arranged as to occupy the central area of the transmitted picture; and

(d) no image other than the statement shall be transmitted while the statement is being transmitted.

(4) In the case of a statement by sound, whether transmitted from a broadcasting station or a television station-

(a) the statement shall be spoken and the time occupied by its transmission shall not be less than three seconds;

(b) the statement shall be so transmitted that the level of sound is not less than the usual level of sound used by the station for the transmission of speech;

(c) no sound other than that of the statement shall be transmitted while the statement is being transmitted;

(d) the statement shall be made without comment or qualification;

(e) the statement shall be clearly enunciated; and

(f) the statement shall not be so spoken as to convey any element of humour, ridicule, irony or the like.

(5) The statement shall not be spoken or shown in such a way that it is distorted, either orally or visually.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 101.
Censorship.

SECT

Substituted by No. 33, 1956, s. 40.
101. Where the Board has reason to believe that any matter (including an advertisement) which it is proposed to broadcast or televise is of an objectionable nature, that matter shall be subject to such censorship as the Board determines.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 102.
Transmission of news.

SECT

Repealed by No. 39, 1946, s. 9; inserted by No. 33. 1956, s. 40; amended by No. 21, 1969, s. 7.
102. A licensee shall not-

* * * * * * * *

(b) broadcast or televise news or information of any kind published in a newspaper or obtained, collected, collated or co-ordinated by a newspaper, association of newspapers, news agency or news service, except in accordance with the terms of an agreement between the licensee and the newspaper, association of newspapers, news agency or news service.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 103.
Broadcasting or televising of religious matter.

SECT

Substituted by No. 33, 1956, s. 40.
103. A licensee shall broadcast or televise from his station Divine Worship or other matter of a religious nature during such periods as the Board determines and, if the Board so directs, shall do so without charge.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 104.
Items of national interest.

SECT

Substituted by No. 33, 1956, s. 40.
104. The Minister may, by notice in writing, require a licensee to broadcast or televise from his station, without charge, such items of national interest as the Minister specifies, but the Minister shall not require the broadcasting or televising of matter for a period in excess of thirty minutes in any period of twenty-four consecutive hours.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105.
Particulars of programmes to be made available.

SECT

Substituted by No. 33, 1956, s. 40.
105. A licensee shall, before the publication of any particulars of any programme to be broadcast or televised from his station, make a copy of those particulars available at the office of the station on equal terms to the publishers (including the Commission) of any newspaper, magazine or journal published in Australia.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105A.
Action taken under sub-section 99 (3) or section 104 to be reported to the
Parliament.

SECT

Inserted by No. 47, 1967, s. 10.
105A. Where the Minister has prohibited the broadcasting or televising of any matter or has made any requirement under sub-section (3) of section ninety-nine or section one hundred and four of this Act, he shall within seven sitting days report the same in writing to both Houses of the Parliament and shall give the reasons for such prohibition or requirement, as the case may be.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105B.
Division 5A inserted by No. 82, 1963, s. 4.

SECT

Division 5A-Television Translator Stations
Grant of television translator station licences.
Inserted by No. 82, 1963, s. 4.
105B. (1) The Minister may, after receipt of a recommendation by the Board, grant to a person a licence for a television translator station upon such conditions, and in accordance with such form, as the Minister determines.

(2) The Board shall not recommend that a licence be granted for a television translator station if, in the opinion of the Board, satisfactory reception of television programmes from a commercial television station is being obtained in the area in which the signals from that television translator station are designed to be satisfactorily received.

(3) One of the conditions of the licence for a television translator station shall be that the station is operated only for the reception and re-transmission of the programmes of a specified commercial television station.

(4) The establishment, erection, maintenance and use of a television translator station in pursuance of a licence under this section shall be deemed not to be a contravention of the Wireless Telegraphy Act 1905-1950 or of the regulations under that Act.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105C.
Duration of licences.

SECT

Inserted by No. 82, 1963, s. 4.
105C. Subject to this Act, a television translator station licence continues in force-

(a) in the case of a licence granted otherwise than by way of the renewal of a licence-for such period (not exceeding five years) as is specified in the licence; and

(b) in the case of a licence granted by way of the renewal of a licence-for a period of one year commencing on the day after the date of expiration of the last previous licence in respect of the station.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105D.
Revocation and suspension of licences.

SECT

Inserted by No. 82, 1963, s. 4.
105D. (1) The Minister may, by notice in writing to the holder of a television translator station licence, suspend or revoke the licence where he is satisfied that either of the following grounds exists, namely:-

(a) that the holder has failed to comply with a provision of this Act or of the regulations in so far as that provision is applicable to the licence; or

(b) that a condition of the licence has not been complied with.

(2) The suspension of a licence shall be for a specified period not exceeding seven days.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105E.
Transfer of licences.

SECT

Inserted by No. 82, 1963, s. 4.
105E. The holder of a television translator station licence may, with the consent in writing of the Minister, but without that consent shall not, transfer the licence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105F.
Application of this Act in relation to television translator stations.

SECT

Inserted by No. 82, 1963, s. 4.
105F. The provisions of Division 4 of this Part and of sections one hundred and seven to one hundred and eleven (inclusive) of this Act apply in relation to a television translator station and the holder of a television translator station licence as they apply in relation to a commercial television station and the holder of a licence for a commercial television station.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105G.
Division 5B inserted by No. 31, 1969, s. 10.

SECT

Division 5B-Television Repeater Stations
Grant of television repeater station licences.
Inserted by No. 31, 1969, s. 10.
105G. (1) The Minister may, after receipt of a recommendation by the Board and upon payment of the prescribed fee, grant to a person a licence for a television repeater station upon such conditions, and in accordance with such form, as the Minister determines.

(2) The Board shall not recommend that a licence be granted for a television repeater station if, in the opinion of the Board, satisfactory reception of television programmes from a television station or a television translator station is being obtained in the area in which the signals from that television repeater station are designed to be satisfactorily received.

(3) The conditions upon which a licence for a television repeater station is granted may include conditions as to the televising of advertisements.

(4) The establishment, erection, maintenance and use of a television repeater station in pursuance of a licence under this section shall be deemed not to be a contravention of the Wireless Telegraphy Act 1905-1967 or the regulations under that Act.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105H.
Duration of licences.

SECT

Inserted by No. 31, 1969, s. 10.
105H. Subject to this Act, a television repeater station licence continues in force-

(a) in the case of a licence granted otherwise than by way of the renewal of a licence-for such period (not exceeding five years) as is specified in the licence; and

(b) in the case of a licence granted by way of the renewal of a licence-for a period of one year commencing on the day after the date of expiration of the last previous licence in respect of the station.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105J.
Revocation and suspension of licences.

SECT

Inserted by No. 31, 1969, s. 10.
105J. (1) The Minister may, by notice in writing to the holder of a television repeater station licence, suspend or revoke the licence where he is satisfied that any of the following grounds exists, namely:-

(a) that the area in which the signals from the station are designed to be satisfactorily received is an area in which satisfactory reception of television programmes from a television station or a television translator station is being obtained;

(b) that the holder of the licence has failed to comply with a provision of this Act or of the regulations insofar as that provision is applicable to the licence; or

(c) that a condition of the licence has not been complied with.

(2) The suspension of a licence shall be for a specified period not exceeding seven days.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105K.
Transfer of licences.

SECT

Inserted by No. 31, 1969, s. 10.
105K. The holder of a television repeater station licence may, with the consent in writing of the Minister, but without that consent shall not, transfer the licence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 105L.
Application of this Act in relation to television repeater stations.

SECT

Inserted by No. 31, 1969, s. 10.
105L. The provisions of Division 4 of this Part and of section ninety-nine, sections one hundred and seven to one hundred and twelve (inclusive), sections one hundred and sixteen to one hundred and eighteen (inclusive) and section one hundred and twenty-one of this Act apply in relation to a television repeater station and the holder of a television repeater station licence as they apply in relation to a commercial television station and the holder of a licence for a commercial television station.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 106.
Licensee to keep accounts, records, &c.

SECT

Division 6-Miscellaneous
Substituted by No. 33, 1956, s. 41.
Sub-section (1) amended by No. 121, 1964, s. 3.
106. (1) A licensee shall, in respect of each commercial broadcasting station or commercial television station of which he is licensee-

(a) compile and maintain, in a recognized business or commercial form, financial accounts in respect of the operations of that station;

(b) make those accounts available for inspection by the Board or an authorized officer as required;

(c) furnish to the Board, within six months after the thirtieth day of June in each year-

(i) an audited balance-sheet and profit and loss account, in a form approved by the Board, for the year ending on that thirtieth day of June; and

(ii) a statutory declaration stating the gross earnings of the station during that year; and

(d) keep such records relating to the station as the Board from time to time directs and supply copies thereof to the Board as required.

(2) A licensee may, with the leave of the Board, adopt an accounting period, being the twelve months ending on some day other than the thirtieth day of June, and thereupon the provisions of paragraph (c) of the last preceding sub-section apply in relation to that licensee as if the references in that paragraph to the thirtieth day of June were references to that other day.

(3) Where the licensee is a company, the declaration shall be made by the manager or secretary of the company.
Amended by No. 38, 1965, s. 9.

(4) A licensee shall, upon request by the Board-

(a) make available for inspection by the Board or an authorized officer such books and documents concerning the broadcasting or television activities of the licensee as the Board specifies; and

(b) furnish to the Board such particulars with respect to the broadcasting or television activities of the licensee as the Board specifies and any other information specified by the Board, being information with respect to the activities or affairs of the licensee and relevant to the operation of this Act.
Added by No. 121, 1964, s. 3.

(5) In this section, ''gross earnings''-

(a) in relation to a commercial broadcasting station-has the same meaning as in the Broadcasting Stations Licence Fees Act 1964; and

(b) in relation to a commercial television station-has the same meaning as in the Television Stations Licence Fees Act 1964.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 107.
Indemnification of Minister against claim for royalty, &c.

SECT

Amended by No. 33, 1956, s. 42.
107. A licensee shall, at all times, keep the Minister indemnified against any claim for royalties in respect of any equipment operated under his licence, and against any claims whatsoever arising out of the licensee's operations.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 108.
Variation of conditions of licences.

SECT

Substituted by No. 33, 1956, s. 43. Sub-section (1) amended by No. 33, 1956, s. 62.
108. (1) The Minister may, during the currency of a licence, by notice in writing to the licensee, vary or revoke any of the conditions upon which the licence is granted (not being conditions applicable by virtue of section one hundred and twenty-nine of this Act) or impose further conditions.

(2) The Minister shall give not less than fourteen days' notice in writing of his intention to vary or revoke a condition or to impose a further condition under the last preceding sub-section, and shall specify in the notice the variation proposed or the condition to be revoked or imposed.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 109.
Minister to consider recommendations of Board.

SECT

Inserted by No. 33, 1956, s. 43.
109. Before exercising any power under this Part, the Minister shall take into consideration any recommendations that have been made by the Board as to the exercise of that power.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 110.
Lights on masts.

SECT

Amended by No. 64, 1948, s. 27; and No. 33, 1956, s. 44.
110. A licensee shall, at his own expense, if and as directed by the Board, install and maintain beacon lights on, and paint, the masts of his station.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 111.
Notices.

SECT

Amended by No. 64, 1948, s. 27; and No. 33, 1956, s. 45.
111. Any notice, requirement, or consent (whether expressed to be in writing or not) to be given or made under any of the provisions of this Part, by or for the Minister or the Board, may be under the hand of any authorized officer, and may be served on a licensee by sending it by registered letter addressed to the licensee at the usual or last-known place of residence or business of the licensee.
Part IV of the Broadcasting Act 1942-1954 repealed by No. 33, 1956, s. 46.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 112.
Transmission of certain messages.

SECT

PART V-GENERAL
Amended by No. 33, 1956, s. 47.
112. The Commission or a licensee shall not, except in so far as it or he is committed by or under this Act so to do, transmit or receive for transmission any message the transmission of which would, without the authority of, or licence granted by, the Minister administering the Post and Telegraph Act 1901-1934, or the Wireless Telegraphy Act 1905-1936, contravene the provisions of either of those Acts.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 113.
Commission to make certain programmes available to commercial television
stations.

SECT

Repealed by No. 64, 1948, s. 21; inserted by No. 33, 1956, s. 48.
113. (1) The Commission shall make available to a commercial television station at a locality at which there is not a national television station such programmes of the Commission as are specified by the Minister and the licensee of the commercial television station shall televise the programme so specified.

(2) The programme shall be televised in accordance with such conditions as are agreed upon between the Commission and the licensee or, in the event of disagreement as to those conditions, as the Board determines.

(3) The licensee of the commercial television station shall pay to the Commission, in respect of the programme made available by the Commission, such amount (if any) as is agreed between the licensee and the Commission, or, in default of agreement, as the Board determines.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 113A.
Commission may make programmes available to television repeater stations.

SECT

Inserted by No. 31, 1969, s. 11.
113A. The Commission may make available to a television repeater station, on such terms and conditions as are agreed upon between the Commission and the holder of the television repeater station licence, such programmes of the Commission as the Commission thinks fit.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 114.
Encouragement of Australian artists.

SECT

Substituted by No. 33, 1956, s. 49.
114. (1) The Commission and licensees shall, as far as possible, use the services of Australians in the production and presentation of broadcasting and television programmes.

(2) Not less than five per centum of the time occupied by the programmes of the Commission, and not less than five per centum of the time occupied by the programmes of a commercial broadcasting station, in the broadcasting of music shall be devoted to the broadcasting of works of composers who are Australians.

(3) In this section, ''Australian'' means a person who was born or is ordinarily resident in Australia.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 115.
Televising of sporting events and entertainments.

SECT

Inserted by No. 33, 1956, s. 49.
115. The Commission or the holder of a licence for a commercial television station shall not televise, either directly, or by means of any recording, film or other material or device or otherwise, the whole or a part of a sporting event or other entertainment held in Australia, after the commencement of this section, in a place to which a charge is made for admission, if the images of the sporting event or other entertainment originate from the use of equipment outside that place.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 116.
Broadcasting or televising of political matter or controversial matter.

SECT

Substituted by No. 33, 1956, s. 49.
116. (1) Subject only to this section, the Commission may determine to what extent and in what manner political matter or controversial matter will be broadcast or televised by the Commission.

(2) The Commission or a licensee shall not broadcast or televise a dramatization of any political matter which is then current or was current at any time during the last five preceding years.

(3) If, during an election period, a licensee broadcasts or televises election matter, he shall afford reasonable opportunities for the broadcasting or televising of election matter to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period.
Amended by No. 31, 1969, s. 12.

(4) Subject to the next succeeding sub-section, the Commission or a licensee shall not, at any time between the end of an election period and the close of the poll on the day on which the election is held, broadcast or televise election matter.
Inserted by No. 31, 1969, s. 12.

(4A) Where, in respect of-

(a) an election of a member of the House of Representatives that is not a general election; or

(b) an election of a member or members of a House of the Parliament of a State,
the Board is of the opinion that programmes broadcast from a particular broadcasting station or televised from a particular television station are not ordinarily received in the part of the Commonwealth to which the election relates, the Board may, by notice in writing served on or sent by post to the Commission or the licensee of the station, as the case requires, exempt the Commission or the licensee, as the case requires, from compliance with the last preceding sub-section in respect of the broadcasting or televising from that station of election matter relating to that election.

(5) Nothing in this section requires a licensee to broadcast or televise any matter free of charge.

(6) In this section-

''election'' means an election of a member or members of either House of the Parliament of the Commonwealth or of a State;

''election matter'' means matter of any of the following kinds, namely:-

(a) matter commenting on, or soliciting votes for, a candidate at an election;

(b) matter commenting on, or advocating support of, a political party to which a candidate at an election belongs;

(c) matter commenting on, stating or indicating any of the issues being submitted to the electors at an election or any part of the policy of a candidate at an election or of the political party to which such a candidate belongs; and

(d) matter referring to meetings held or to be held in connexion with an election;

''election period '' means the period commencing on the day of the issue of the writ or writs for an election and ending at midnight on the Wednesday next preceding the day of the poll.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 117.
Names of speakers to be announced.

SECT

Substituted by No. 33, 1956, s. 49.
117. (1) The Commission or the licensee concerned, as the case may be, shall cause to be announced the true name of every speaker who, either in person or by means of a sound recording device, delivers an address or makes a statement relating to a political subject or current affairs for broadcasting or televising.

(2) If the speaker is not the author of the address or statement, the name of the author shall be included in the announcement.

(3) If the address is delivered or the statement is made on behalf of a political party, the name of the party shall be included in the announcement.

(4) The announcement shall be made after the address or statement if it contains one hundred words or less or before and after the address or statement if it contains more than one hundred words.

(5) The Commission or the licensee, as the case may be, shall keep a record of the name, address and occupation of the author of each such address or statement and shall furnish to the Board any particulars of the record which the Board by notice in writing requires.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 117A.
Records of political matter, &c.

SECT

Inserted by No. 36, 1960, s. 32.
117A. (1) Where the Commission or a licensee broadcasts or televises matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the Commission or the licensee, as the case may be, shall cause a record to be made, in writing or by means of a device for recording sound, of the matter or, if the matter is televised, of the matter in so far as it consists of sound.

(2) Subject to this section, the Commission or a licensee, as the case may be, shall retain in its or his custody a record of matter made in pursuance of the last preceding sub-section for a period of six weeks from the date on which the matter was broadcast or televised or for such longer period as the Minister, in special circumstances, directs.

(3) Where a person considers that a record of matter made in pursuance of sub-section (1) of this section is admissible in evidence in proceedings instituted, or proposed to be instituted, in any court, being a record that is in the custody of the Commission or a licensee by virtue of the last preceding sub-section, he may serve on the Commission or the licensee, as the case requires, a notice in writing informing the Commission or the licensee that the record may be required for the purposes of the proceedings.

(4) Where a notice is served on the Commission or a licensee in pursuance of the last preceding sub-section in respect of any record, the Commission or the licensee, as the case may be, shall, subject to this section, retain the record in its or his custody until the proceedings or the proposed proceedings to which the notice relates have been finally determined.

(5) Where a notice is served in pursuance of sub-section (3) of this section in relation to proposed proceedings and the proceedings are not instituted within a period of three months after the service of the notice, the last preceding sub-section ceases to apply in relation to the notice at the expiration of that period.

(6) The obligation imposed by this section on the Commission or a licensee to retain in its or his custody a record made in pursuance of this section does not apply at any time when the record is in the custody of a court in connexion with proceedings instituted in the court.

(7) Where the Minister is of the opinion that a matter of which a record has been made in pursuance of this section is of sufficient historic interest to justify its being permanently preserved, the Minister may direct any person who has the custody of the record to deliver it for safe keeping to such person or authority as the Minister directs, and the person to whom the direction is given shall comply with the direction but is entitled to fair compensation.

(8) Sub-section (1) of this section does not apply to or in relation to proceedings of the Senate or the House of Representatives broadcast or re-broadcast by the Commission in pursuance of the Parliamentary Proceedings Broadcasting Act 1946-1960.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 118.
Broadcasting or televising of objectionable items.

SECT

Substituted by No. 33, 1956, s. 49.
118. (1) The Commission or a licensee shall not broadcast or televise matter which is blasphemous, indecent or obscene.

(2) A person shall not render for broadcasting or televising an item, or pass or select for broadcasting or televising an item, which contains matter which is blasphemous, indecent or obscene.

(3) An offence against this section shall not be prosecuted without the written consent of the Minister.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 119.
Restrictions on participation in broadcasts or television.

SECT

Substituted by No. 33, 1956, s. 49.
119. (1) Where-

(a) a person is convicted of an offence against the last preceding section; or

(b) the Board has reason to believe that a person-

(i) has rendered for broadcasting or televising an item; or

(ii) has passed or selected for broadcasting or televising an item (being an item broadcast or televised from a broadcasting station or a television station, as the case may be),

which has caused or may have caused offence to a section of the public,
the Board may call upon that person to show cause why an order should not be made prohibiting him from rendering an item, or from passing or selecting an item, for broadcasting or televising, or placing restrictions on his rendering items, or passing or selecting items, for broadcasting or televising.

(2) If the person fails within the period specified by the Board to show cause to the satisfaction of the Board, the Board may, by order-

(a) direct the person to refrain, during such period as is specified in the order, from rendering an item, or passing or selecting an item, for broadcasting or televising; or

(b) direct that the person may render items, or pass or select items, for broadcasting or televising subject to such conditions as are specified in the order and not otherwise.

(3) A person to whom an order made under this section applies shall not do any act or thing in contravention of the order.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 120.
Publication of text of item transmitted by broadcasting or television.

SECT

Substituted by No. 33, 1956, s. 49; amended by No. 31, 1969, s. 13.
120. A person shall not, without the consent of the owner or licensee of the station and the approval of the Board, publish any matter transmitted by broadcasting station, a television station, a television translator station or a television repeater station, whether situated in Australia or elsewhere, unless knowledge of the matter proposed to be published was acquired by the person proposing to publish it otherwise than by reception of the transmission of that broadcasting station or television station.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 121.
Broadcasting programmes of other stations prohibited.

SECT

Inserted by No. 39, 1946, s 13. Sub-section (1) amended by No. 64, 1948, s. 27.

121. (1) Except with the consent of the owner or licensee of the broadcasting station whose programme it is desired to broadcast and, in the case of a broadcast which is a re-broadcast, with the approval of the Board-

(a) the Commission shall not broadcast the whole or any part of the programme of a broadcasting station (whether situated in Australia or elsewhere) other than a national broadcasting station; and

(b) the licensee of a commercial broadcasting station shall not broadcast the whole or any part of the programme of any other broadcasting station (whether situated in Australia or elsewhere).

(2) In this section, '' re-broadcast '' means the reception and re-transmission of a broadcast.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 122.
Medical talks.

SECT

Sub-section (1) amended by No. 33, 1956, s. 50.
122. (1) Except as prescribed, a person shall not broadcast or televise a talk on a medical subject unless the text thereof has been approved by the Director-General of Health, or, on appeal to the Minister under this section, by the Minister.

(2) The Director-General of Health may delegate to any medical officer of a State his power under this section to approve of the text of talks on medical subjects.

(3) Any such delegation shall be revocable in writing at will and no such delegation shall prevent the exercise of the power by the Director-General of Health.

(4) Any person may appeal to the Minister from any refusal of the Director-General of Health or a delegate of the Director-General of Health to approve of the text of a talk on a medical subject.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 123.
Items not to be in code.

SECT

Sub-section (1) amended by No. 64, 1948, s. 27; and No. 33, 1956, s. 51.
123. (1) The text of any matter broadcast or televised shall not, without the permission of the Board or an authorized officer, be in code.

(2) For the purposes of this section, the text of any matter shall be deemed to be in code when any part thereof consists of-

(a) words which have no connected meaning or the meaning of which is secret except to a limited number of persons; or

(b) artificial words.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 124.
Defamatory broadcast or televised statements.

SECT

Inserted by No. 33, 1956, s. 52; amended by No. 31, 1969, s. 14.
124. For the purposes of the law of defamation, the transmission of words or other matter by a broadcasting station or a television station (including a television translator station or a television repeater station) shall be deemed to be publication in permanent form.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 124A.
Offence to interfere with the broadcasting or televising of programmes, &c.

SECT

Inserted by No. 21, 1969, s. 8.

124A. (1) A person shall not knowingly prevent, obstruct or otherwise interfere with the broadcasting or televising of programmes from a station by the Commission or a licensee, or knowingly interfere with, or with the operation of, a station.

(2) In this section, ''station'' means-

(a) a national broadcasting station, a national television station or a television translator station used by the Commission; or

(b) a commercial broadcasting station, a commercial television station or a television translator station in respect of which a licence is in force under this Act,
and includes any technical equipment used in connexion with such a station.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 125.
Broadcast listeners' licences.

SECT

Substituted by No. 41, 1951, s. 4.
125. (1) A broadcast listener's licence in accordance with a form determined by the Postmaster-General may be granted, on behalf of the Postmaster-General, at any Post Office on payment of the prescribed fee.

(2) A broadcast listener's licence shall be granted for a period of twelve months (which may, in such cases as are prescribed, be a period commencing before the date on which the licence is granted), but may be renewed for successive periods of twelve months.

(3) A broadcast listener's licence is subject to such conditions as are prescribed.

(4) The address specified in a broadcast listener's licence may be altered, or shall be deemed to be altered, as prescribed.

(5) During the currency of a broadcast listener's licence, the licence applies to every broadcast receiver which is-

(a) in the possession of the holder of the licence, or of a member of his family, at the address specified in the licence;

(b) in the possession of that holder, or of a member of his family, being a receiver which is ordinarily kept at that address; or

(c) installed in a vehicle which is ordinarily in the possession of that holder, or of a member of his family, and is ordinarily kept at that address while not in use.

(6) Except as prescribed, a person shall not use, maintain or have in his possession a broadcast receiver unless there is in force a broadcast listener's licence which applies to that receiver.

(7) The erection, maintenance or use of a broadcast receiver, being a receiver to which a broadcast listener's licence in force under this Act applies, shall be deemed not to be in contravention of the Wireless Telegraphy Act 1905-1950 or the regulations under that Act.

(8) The occupier of any premises or place, or part of any premises or place, in which there is a broadcast receiver, not being a receiver to which a broadcast listener's licence in force under this Act applies, is guilty of an offence against this Act.

(9) It is a defence to a prosecution for an offence under the last preceding sub-section if the defendant proves that he was not aware, and could not, with reasonable diligence, have become aware, of the existence in the premises or place, or part of the premises or place, of the broadcast receiver.
Sub-section (10) omitted by No. 67, 1964, s. 4.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 126.
Television viewers' licences.

SECT

Inserted by No. 33, 1956, s. 53.
126. (1) A television viewer's licence in accordance with a form determined by the Postmaster-General may be granted, on behalf of the Postmaster-General, at such Post Offices as the Postmaster-General determines, on payment of the prescribed fee.
Inserted by No. 67, 1964, s. 5.

(1A) Where a person applies for the grant, or for the renewal, of a television viewer's licence in respect of an address in Zone 1, the person may be required to furnish to an officer of the Postmaster-General's Department, before the licence or the renewal is granted, a statement in writing signed by him-

(a) that, to the best of his knowledge-

(i) neither he nor a member of his family has in his possession a broadcast receiver which is ordinarily kept at that address; and

(ii) no broadcast receiver is installed in any vehicle which is ordinarily in the possession of that person, or of a member of his family, and is ordinarily kept at that address while not in use; or

(b) that a member of his family is the holder of a broadcast listener's licence in force under this Act in respect of that address.
Inserted by No. 67, 1964, s. 5.

(1B) For the purposes of such a statement, there shall be disregarded-

(a) any broadcast receiver which is on hire (otherwise than under a hire-purchase agreement) to the person making the statement or to a member of his family; and

(b) any broadcast receiver to which, under sub-section (2) of section one hundred and twenty-six B of this Act, a current lodging house licence is required to be attached.
Inserted by No. 67, 1964, s. 5; amended by No. 57, 1966, s. 4.

(1C) A person shall not make a false statement for the purposes of sub-section (1A) of this section.

Penalty: Fifty dollars or imprisonment for six months.
Inserted by No. 67, 1964, s. 5.

(1D) An offence against the last preceding sub-section shall be prosecuted summarily.

(2) A television viewer's licence shall be granted for a period of twelve months (which may, in such cases as are prescribed, be a period commencing before the date on which the licence is granted), but may be renewed for successive periods of twelve months.

(3) A television viewer's licence is subject to such conditions as are prescribed.

(4) The address specified in a television viewer's licence may be altered, or shall be deemed to be altered, as prescribed.

(5) During the currency of a television viewer's licence, the licence applies to every television receiver which is-

(a) in the possession of the holder of the licence, or of a member of his family, at the address specified in the licence;

(b) in the possession of that holder, or of a member of his family, being a receiver which is ordinarily kept at that address; or

(c) installed in a vehicle which is ordinarily in the possession of that holder, or of a member of his family, and is ordinarily kept at that address while not in use.

(6) Except as prescribed, a person shall not use, maintain or have in his possession a television receiver unless there is in force a television viewer's licence which applies to that receiver.

(7) The erection, maintenance or use of a television receiver, being a receiver to which a television viewer's licence in force under this Act applies, shall be deemed not to be in contravention of the Wireless Telegraphy Act 1905-1950 or of the regulations under that Act.

(8) The occupier of any premises or place, or part of any premises or place, in which there is a television receiver, not being a receiver to which a television viewer's licence in force under this Act applies, is guilty of an offence against this Act.

(9) It is a defence to a prosecution for an offence under the last preceding sub-section if the defendant proves that he was not aware, and could not, with reasonable diligence, have become aware, of the existence in the premises or place, or part of the premises or place, of the television receiver.
Sub-section (10) omitted by No. 67, 1964, s. 5.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 126AA.
Combined receiving licence.

SECT

Inserted by No. 67, 1964, s. 6.
126AA. (1) A combined receiving licence in accordance with a form determined by the Postmaster-General may be granted in respect of an address in Zone 1, on behalf of the Postmaster-General, at such Post Offices as the Postmaster-General determines, on payment of the prescribed fee.

(2) A combined receiving licence shall be granted for a period of twelve months (which may, in such cases as are prescribed, be a period commencing before the date on which the licence is granted), but may be renewed for successive periods of twelve months.

(3) A combined receiving licence is subject to such conditions as are prescribed.

(4) The address specified in a combined receiving licence may be altered, or shall be deemed to be altered, as prescribed.

(5) During the currency of a combined receiving licence, the licence applies to any broadcast receiver, and to any television receiver, which is-

(a) in the possession of the holder of the licence, or of a member of his family, at the address specified in the licence;

(b) in the possession of that holder, or of a member of his family, being a receiver which is ordinarily kept at that address; or

(c) installed in a vehicle which is ordinarily in the possession of that holder, or of a member of his family, and is ordinarily kept at that address while not in use.

(6) A broadcast receiver to which a combined receiving licence in force under this Act applies shall, for the purposes of sub-sections (6), (7) and (8) of section one hundred and twenty-five of this Act, be deemed to be a broadcast receiver to which a broadcast listener's licence in force under this Act applies.

(7) A television receiver to which a combined receiving licence in force under this Act applies shall, for the purposes of sub-sections (6), (7) and (8) of the last preceding section, be deemed to be a television receiver to which a television viewer's licence in force under this Act applies.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 126A.
Hirer's licences.

SECT

Inserted by No. 36, 1960, s. 33, as amended by No. 32, 1961, s. 2.
126A. (1) A hirer's licence in respect of broadcast receivers or a hirer's licence in respect of television receivers, in accordance with a form determined by the Postmaster-General, may be granted, on behalf of the Postmaster-General, at such Post Offices or other places as the Postmaster-General determines, on payment of a fee determined in accordance with the regulations.

(2) A hirer's licence shall specify the number of receivers in respect of which the licence is granted.
Amended by No. 216, 1973, s. 3.

(3) Where a person who carries on a business that consists in whole or in part of letting out receivers on hire has any receivers let out on hire, that person is, except in such cases as are prescribed, guilty of an offence against this Act unless-

(a) he is the holder of an appropriate current hirer's licence, or appropriate current hirer's licences, granted in respect of a number of receivers not less than the number of receivers so let out on hire; and

(b) each receiver so let out on hire is marked in a prescribed manner with such particulars as are prescribed or there is attached, in a prescribed manner, to each such receiver an appropriate current hirer's licence granted in respect of one receiver only.
Amended by No. 216, 1973, s. 3.

(4) Where-

(a) a receiver is on hire from a person who carries on a business that consists in whole or in part of letting out receivers on hire; and

(b) except where the hiring commenced before the commencing date, the receiver is marked in a prescribed manner with such particulars as are prescribed or an appropriate current hirer's licence granted in respect of one receiver only is attached to the receiver in a prescribed manner,
the receiver shall, notwithstanding that a broadcast listener's licence or a television viewer's licence does not apply to the receiver, be deemed to be a receiver to which a broadcast listener's licence in force under this Act or a television viewer's licence in force under this Act, whichever is appropriate, applies.

(5) A hirer's licence may be granted for any period not exceeding twelve months (being a period that may, in such cases as are prescribed, be a period commencing before the date on which the licence is granted), but may be renewed for successive periods not exceeding twelve months.

(6) A hirer's licence-

(a) shall specify the address at which the holder of the licence carries on the business in connexion with which the licence is to be used; and

(b) is subject to such conditions as are prescribed.

(7) The holder of a hirer's licence may, with the approval of an authorized officer, transfer the licence to another person.
Sub-section (8) omitted by No. 216, 1973, s. 3.
* * * * * * * *

(9) In this section-

''hire'' does not include hire under a hire-purchase agreement;

''receiver'' means a broadcast receiver or a television receiver;

''the commencing date'' means the fourteenth day after the date of commencement of this section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 126B.
Lodging house licences.

SECT

Inserted by No. 36, 1960, s. 33.
Sub-section (1) amended by No. 72, 1971, s. 3.
126B. (1) A lodging house licence in respect of a broadcast receiver, a lodging house licence in respect of a television receiver or a combined lodging house licence, in accordance with a form determined by the Postmaster-General, may be granted, on behalf of the Postmaster-General, at such Post Offices or other places as the Postmaster-General determines, on payment of the prescribed fee.
Substituted by No. 72, 1971, s. 3.

(2) Except as prescribed, the keeper of a lodging house shall not cause, suffer or permit a receiver (other than a receiver provided by a lodger or tenant for his own use) to be in any room or part of the lodging house occupied, or available for occupation, by lodgers or tenants unless-

(a) if the receiver is a television receiver, a current lodging house licence in respect of a television receiver or a current combined lodging house licence is attached in a prescribed manner to that receiver; or

(b) if the receiver is a broadcast receiver-

(i) a current lodging house licence in respect of a broadcast receiver is attached in a prescribed manner to that receiver; or

(ii) a current combined lodging house licence is attached in a prescribed manner to a television receiver that is in the same room as that broadcast receiver.
Amended by No. 72, 1971, s. 3.

(3) A receiver to which an appropriate current lodging house licence is attached in a prescribed manner or a broadcast receiver that is in the same room as a television receiver to which a current combined lodging house licence is attached in a prescribed manner shall, notwithstanding that a broadcast listener's licence or a television viewer's licence does not apply to the receiver, be deemed to be a receiver to which a broadcast listener's licence in force under this Act or a television viewer's licence in force under this Act, whichever is appropriate, applies.

(4) Notwithstanding that, in contravention of sub-section (2) of this section, a licence is not attached to a receiver in a lodging house, a lodger or tenant is not guilty of an offence against sub-section (6) or (8) of section one hundred and twenty-five, or sub-section (6) or (8) of section one hundred and twenty-six, of this Act, or the Wireless Telegraphy Act 1905-1950 or the regulations under that Act, by reason only that he uses or maintains the receiver, has the receiver in his possession or occupies any room or part of the lodging house in which the receiver is kept.
Amended by No. 72, 1971, s. 3.

(5) A lodging house licence or combined lodging house licence shall be granted for a period of twelve months (which may, in such cases as are prescribed, be a period commencing before the date on which the licence is granted), but may be renewed for successive periods of twelve months.
Amended by No. 72, 1971, s. 3.

(6) A lodging house licence or combined lodging house licence-

(a) shall specify the address of the lodging house to which it relates; and

(b) is subject to such conditions as are prescribed.
Amended by No. 72, 1971, s. 3.

(7) The holder of a lodging house licence or combined lodging house licence may, with the approval of an authorized officer, transfer the licence to another person.

(8) In this section-

''keeper'' in relation to a lodging house, includes any person who, for reward, receives a person to lodge in the lodging house, either on his own behalf or as manager or otherwise on behalf of another person;

''lodging house'' includes a hotel, a boarding house or any other premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for reward;

''receiver'' means a broadcast receiver or a television receiver.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 126C.
Broadcast or television receiver let as part of furnished premises.

SECT

Inserted by No. 121, 1964, s. 4.
126C. (1) A person who is the lessor in relation to a lease of furnished premises that include a broadcast receiver or a television receiver is guilty of an offence against this Act unless-

(a) he, or a member of his family, is the holder of a current broadcast listener's licence or a current television viewer's licence, as the case requires, or a current combined receiving licence, that specifies the address of the premises;

(b) the person who is the lessee in relation to the lease, or a member of his family, is the holder of a current broadcast listener's licence or a current television viewer's licence, as the case requires, or a current combined receiving licence, that applies to the receiver; or

(c) the receiver is, under sub-section (4) of section one hundred and twenty-six A of this Act, to be deemed to be a receiver to which a broadcast listener's licence or a television viewer's licence, as the case requires, applies.

(2) A person who is the lessee in relation to a lease of a kind referred to in the last preceding sub-section, or a member of his family, is not guilty of an offence against sub-section (6) or (8) of section one hundred and twenty-five, or sub-section (6) or (8) of section one hundred and twenty-six, of this Act, or the Wireless Telegraphy Act 1905-1950 or the regulations under that Act, by reason only that he uses or maintains the broadcast receiver or television receiver that is included in the furnished premises to which the lease relates, has the receiver in his possession or occupies the premises.

(3) A reference in this section to a lease shall be read as including a reference to a sub-lease and, in the application of this section in relation to a sub-lease, a reference in this section to a lessor or to a lessee shall be read as a reference to the sub-lessor or to the sub-lessee, as the case requires, under the sub-lease.

(4) In this section, ''furnished premises'' means furnished residential premises.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 126D.
Grant of licence from past date not to affect liability for offence.

SECT

Inserted by No. 121, 1964, s. 4.
126D. (1) Where a licence is granted for a period commencing before the date on which it is granted, the licence shall not, for the purposes of sub-section (6), (7) or (8) of section one hundred and twenty-five of this Act, sub-section (6), (7) or (8) of section one hundred and twenty-six of this Act or sub-section (3) of section one hundred and twenty-six A of this Act, be deemed to have been in force before the time when it is granted.
Amended by No. 72, 1971, s. 4.

(2) In the last preceding sub-section, ''licence'' means a broadcast listener's licence, a television viewer's licence, a combined receiving licence, a hirer's licence, a lodging house licence or a combined lodging house licence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 127.
Zones.

SECT

Substituted by No. 41, 1951, s. 4. Sub-section (1) amended by No. 36, 1960, s. 34; and No. 216, 1973, s. 3.
127. (1) For the purposes of the grant of broadcast listener's licences and hirer's licences and lodging house licences in respect of broadcast receivers, and the payment of fees for those licences, Australia and the Territories are divided into two zones, to be known as Zone 1 and Zone 2.

(2) Subject to this section, Zone 1 includes all places within a circle having a radius of two hundred and fifty miles from a broadcasting station specified by the Board.
Amended by No. 216, 1973, s. 3.

(3) Zone 2 includes all places in Australia or a Territory outside Zone 1.

(4) The Board may determine that a place which is on or near the boundary of an area comprised in Zone 1 (whether or not it is in, or partly in, Zone 1) shall be deemed to be or not to be in Zone 1, and that place shall, for the purposes of this section, be treated as being, or as not being, as the case may be, in Zone 1.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 128.
Licence fees.

SECT

Substituted by No. 41, 1951, s. 4. Sub-section (1) amended by No. 65, 1956, s. 4; No. 36, 1960, s. 35, as amended by No. 32, 1961, s. 3; No. 67, 1964, s. 7; No. 57, 1966, s. 4; No. 69, 1968, s. 3; and No. 72, 1971, s. 5.
128. (1) Subject to this section, the fee payable for a broadcast listener's licence, a lodging house licence in respect of a broadcast receiver or a renewal of any such licence is-

(a) in the case of a licence specifying an address in Zone 1-Eight dollars; and

(b) in the case of a licence specifying an address in Zone 2-Four dollars twenty-five cents.
Substituted by No. 67, 1964, s. 7; amended by No. 57, 1966, s. 4; No. 69, 1968, s. 3; and No. 72, 1971, s. 5.

(1A) Subject to this section, the fee payable for a television viewer's licence, a lodging house licence in respect of a television receiver or a renewal of any such licence is Nineteen dollars.
Substituted by No. 72, 1971, s. 5.

(1B) Subject to this section, the fee payable for a combined receiving licence or a combined lodging house licence or a renewal of any such licence is Twenty-six dollars fifty cents.
Substituted by No. 67, 1964, s. 7.

(1C) Where-

(a) a combined receiving licence is granted to a person;

(b) the person or a member of his family is the holder of a broadcast listener's licence or a television viewer's licence in respect of the address specified in the combined receiving licence granted for a period that ends after the commencement of the period for which the combined receiving licence is granted; and

(c) the person surrenders the other licence to an officer of the Postmaster-General's Department and, where a member of his family is the holder of the other licence, that member of his family consents in writing to the surrender,
the fee payable under the last preceding sub-section for the combined receiving licence shall be reduced by an amount that bears to the fee paid for the other licence the same proportion as the number of months (treating a part of a month as a month) in the unexpired period of the other licence, calculated as from the commencement of the period for which the combined receiving licence is granted, bears to twelve.

Inserted by No. 67, 1964, s. 7.

(1D) Where a broadcast listener's licence or a television viewer's licence is surrendered under the last preceding sub-section on the grant of a combined receiving licence-

(a) the broadcast listener's licence or the television viewer's licence, as the case may be, ceases to have effect as from the commencement of the period for which the combined receiving licence is granted; and

(b) there shall be endorsed on the combined receiving licence a statement that the broadcast listener's licence or the television viewer's licence, as the case may be, was so surrendered.
Inserted by No. 72, 1971, s. 5.

(1E) Where-

(a) a combined lodging house licence is granted to a person;

(b) the person is the holder of a lodging house licence granted for a period that ends after the commencement of the period for which the combined lodging house licence is granted; and

(c) the person surrenders the lodging house licence to an officer of the Postmaster-General's Department,
the fee payable under sub-section (1B) of this section shall be reduced by an amount that bears to the fee paid for the lodging house licence the same proportion as the number of months (treating a part of a month as a month) in the unexpired period of the other licence, calculated as from the commencement of the period for which the combined lodging house licence is granted, bears to twelve.
Inserted by No. 72, 1971, s. 5.

(1F) Where a lodging house licence is surrendered under the last preceding sub-section on the grant of a combined lodging house licence, the lodging house licence ceases to have effect as from the commencement of the period for which the combined lodging house licence is granted.
Amended by No. 33, 1956, s. 54; and No. 67, 1964, s. 7.

(2) A broadcast listener's licence, a television viewer's licence or a combined receiving licence, or a renewal of such a licence, may be granted free of charge to a blind person over the age of sixteen years or to a person or authority conducting a school.
Amended by No. 33, 1956, s. 54; No. 65, 1956, s. 4; No. 36, 1960, s. 35; No. 57, 1966, ss. 3 and 4; and No. 47, 1967, s. 11.

(3) A broadcast listener's licence, or a renewal of such a licence, may be granted, on payment of a fee of One dollar in the case of a licence specifying an address in Zone 1 or on payment of a fee of Seventy cents in the case of a licence specifying an address in Zone 2, to a pensioner who-

(a) lives alone; or

(b) lives with another person who, or with other persons each of whom is a person who-

(i) is a pensioner;

(ii) has no income; or

(iii) has an income the rate of which does not exceed an amount per annum equal to the sum of the amount specified in paragraph (a) of sub-section (1A) of section twenty-eight of the Social Services Act 1947-1967 and the amount specified in paragraph (a) of sub-section (2) of that section.
Inserted by No. 65, 1956, s. 4; amended by No. 67, 1964, s. 7; and No. 57, 1966, s. 4.

(3A) A television viewer's licence, or a renewal of such a licence, may be granted, on payment of a fee of Three dollars, to a pensioner referred to in the last preceding sub-section.
Inserted by No. 67, 1964, s. 7; amended by No. 57, 1966, s. 4.

(3B) A combined receiving licence, or a renewal of such a licence, may be granted, on payment of a fee of Four dollars, to a pensioner referred to in sub-section (3) of this section.
Substituted by No. 57, 1966, s. 3; amended by No. 47, 1967, s. 11; No. 8, 1971, s. 18; and No. 50, 1973, s. 5.

(4) In this section, ''pensioner'' means a person who-

(a) is in receipt of a pension under Part III or Part IV, a benefit under Part IVAAA or an allowance under Part VIIA, of the Social Services Act 1947-1973;*

(b) is in receipt of an allowance under section nine of the Tuberculosis Act 1948 and would, but for the receipt of that allowance, be eligible to receive a pension or an allowance of a kind referred to in the last preceding paragraph; or

(c) is in receipt of-

(i) a service pension, or a pension in respect of total and permanent incapacity, under the Repatriation Act 1920-1970,* the Interim Forces Benefits Act 1947-1966, the Repatriation (Far East Strategic Reserve) Act 1956-1966, the Repatriation (Special Overseas Service) Act 1962-1968 or regulations in force under the Native Members of the Forces Benefits Act 1957-1968; or

(ii) a pension under the Seamen's War Pensions and Allowances Act 1940-1970 corresponding with a pension in respect of total and permanent incapacity under the Repatriation Act 1920-1970.
Sections 99-101 of the Broadcasting Act 1942-1950 repealed by No. 41, 1951, s. 4.
* * * * * * * *

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 128A.
Refund of fees on surrender of licences.

SECT

Inserted by No. 121, 1964, s. 5.
128A. (1) An officer of the Postmaster-General's Department may, in a prescribed case, on the surrender of a licence to him, refund the licence fee paid for the licence or such part of the licence fee as he considers appropriate having regard to the circumstances of the case.
Amended by No. 72, 1971, s. 6.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 129.
Licences subject to Act.

SECT

129. (1) Every licence granted or deemed to have been granted under this Act shall be subject to the provisions of this Act and the regulations so far as they are applicable to the licence, and those provisions shall be deemed to be incorporated in the licence as terms and conditions of the licence.
Substituted by No. 36, 1960, s. 36; amended by No. 82, 1963, s. 5; No. 67, 1964, s. 8; No. 31, 1969, s. 15; and No. 72, 1971, s. 7.

(2) In this section, ''licence'' includes a television translator station licence, a television repeater station licence, a broadcast listener's licence, a television viewer's licence, a combined receiving licence, a hirer's licence, a lodging house licence and a combined lodging house licence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 130.
Certain licences not to be issued under Wireless Telegraphy Act.

SECT

Substituted by No. 64, 1948, s. 25; amended by No. 33, 1956, s. 56; No. 82, 1963, s. 6; and No. 31, 1969, s. 16.
130. Notwithstanding anything contained in the Wireless Telegraphy Act 1905-1936, the Minister administering that Act shall not grant a licence under that Act for any purpose for which a licence (including a television translator station licence or a television repeater station licence) may be granted under this Act.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 130A.
Community television aerials.

SECT

Inserted by No. 36, 1960, s. 37.
130A. (1) In this section, ''telegraph line'' means a telegraph line to which section eighty-one A of the Post and Telegraph Act 1901-1950 applies.

(2) The Minister may, on the recommendation of the Board, grant a permit to a person to use a telegraph line for the purpose of transmitting television programmes from a receiving aerial maintained and used by that person solely for the reception of television programmes to television receivers situated in an area specified in the permit.

(3) The Board shall not recommend that a permit be granted in respect of an area unless-

(a) in the opinion of the Board-

(i) the area is within the normal range of a television station from which satisfactory reception of television programmes is not being obtained in that area; and

(ii) satisfactory reception of television programmes could be obtained from that station in that area by the means to be authorized by the permit; or

(b) in the opinion of the Board, the area is not within the normal range of any television station, but-

(i) satisfactory reception of television programmes from a television station could be obtained in that area by the means to be authorized by the permit; and

(ii) the provision of a television service in that area by those means is desirable.

(4) A permit under this section-

(a) may be granted for such period, not exceeding five years, as the Minister, on the recommendation of the Board, determines in the particular case; and

(b) is subject to such conditions as are specified in the permit.

(5) Where the holder of a permit and another person as proposed transferee applies to the Minister for the transfer of the permit, the Minister may, on the recommendation of the Board, transfer the permit to that other person.

(6) Such fees as are prescribed are payable in respect of the grant of a permit, or the transfer of a permit, under this section.

(7) Where the Minister is satisfied that there has been a contravention of, or failure to comply with, a condition of a permit granted under this section, he may, if the Board has so recommended, cancel the permit.

(8) The provisions of section eighty-one A of the Post and Telegraph Act 1901-1950 do not apply in relation to any use of a telegraph line that is authorized by a permit under this section, and a person is not guilty of an offence against section one hundred and twenty-eight of that Act by reason of the use of that line for the purpose of transmitting television programmes in accordance with the permit or for the purpose of receiving television programmes so transmitted.


BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 131. 
Control of broadcasting and television in case of emergency. 

SECT

Amended by No. 33, 1956, s. 57; and No. 31, 1969, s. 17.

  131. The Governor-General may, whenever, in his opinion, any emergency has
arisen, which renders it desirable in the public interest so to do, authorize
the Minister to exercise, during the emergency, complete control over the
matter to be broadcast from broadcasting stations or televised from television
stations (including television translator stations and television repeater
stations), and, thereupon and so long as the emergency continues, such persons
as are thereto authorized in writing by the Minister shall have access at all
times to any premises controlled by the Commission or any licensee and may
exercise full authority over all rights and privileges possessed by the
Commission or the licensee.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 132.
Trial of offences.

SECT

Sub-section (1) amended by No. 38, 1965, s. 10.
132. (1) Any person who contravenes, or fails to comply with, any provision of this Act or the regulations, or any condition of a licence granted or deemed to have been granted under this Act, or fails to comply with a direction under the regulations shall be guilty of an offence against this Act.
Inserted by No. 36, 1960, s. 38; amended by No. 82, 1963, s. 7; No. 67, 1964, s. 9; and No. 31, 1969, s. 18.

(1A) In the last preceding sub-section, ''licence'' includes a television translator station licence, a television repeater station licence, a broadcast listener's licence, a television viewer's licence, a combined receiving licence, a hirer's licence, a lodging house licence and a permit granted under section one hundred and thirty A of this Act.
Amended by No. 67, 1964, s. 9; and No. 38, 1965, s. 10.

(2) An offence against this Act may, unless the contrary intention appears, be prosecuted either summarily or upon indictment, but, except as provided by this Act, an offender shall not be liable to be punished more than once in respect of the same offence.
Amended by No. 36, 1960, s. 38; and No. 57, 1966, s. 4.

(3) The punishment for an offence against this Act shall be-

(a) if the offence is prosecuted summarily-a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months; or

(b) if the offence is prosecuted upon indictment-a fine not exceeding One thousand dollars or imprisonment for a term not exceeding five years.
Added by No. 36, 1960, s. 38.

(4) The last preceding sub-section does not apply in relation to a contravention of, or failure to comply with, a provision of this Act in respect of which a penalty is provided by a section of this Act other than this section.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 132A.
Service by registered post of certain summonses.

SECT

Inserted by No. 8, 1971, s. 19.
132A. (1) A person who lays an information or makes a complaint alleging that another person has committed a prescribed offence shall state in the information or complaint the address of the place of residence or business last known to him of that other person.

(2) A summons for the appearance before a court of summary jurisdiction of a defendant charged with having committed a prescribed offence may be served upon the defendant by posting a copy of the summons as a registered letter addressed to the defendant at the address shown in any information or complaint relating to the summons as his address.

(3) An affidavit by a person stating that-

(a) he is an officer of the Postmaster-General's Department;

(b) he posted, or caused to be posted, a copy of a summons referred to in the affidavit (being a summons that, under the last preceding sub-section, may be served in accordance with that subsection) as a registered letter addressed to the defendant at the address shown in an information or complaint relating to the summons as the address of the defendant;

(c) to the best of his knowledge, information and belief, the copy of the summons so posted would, in the ordinary course of post, have been delivered before a date specified in the affidavit; and

(d) he has no reason to believe that the copy of the summons so posted was not delivered before that date,
is evidence that the summons was served on the defendant in accordance with sub-section (2) of this section before that date.

(4) Where-

(a) a summons has been issued for the appearance before a court of summary jurisdiction of a defendant charged with having committed a prescribed offence;

(b) the defendant does not appear before the court as required by the summons;

(c) the evidence before the court of the service on the defendant of the summons is an affidavit that, under the last preceding sub-section, is evidence that the summons was served on the defendant in accordance with sub-section (2) of this section; and

(d) the court has reason to believe that the defendant did not receive, or may not have received, a copy of the summons, or did not receive, or may not have received, a copy of the summons by such a date as would have given to him a reasonable time to comply with the summons,
the court may, before proceeding to hear and determine the charge, require such things to be done, as, in the opinion of the court, are necessary to ensure that the person has been informed of the charge and of the time when and the place where the charge will be heard.

(5) Where-

(a) a person has been charged with, and convicted by a court of summary jurisdiction of, a prescribed offence;

(b) the person did not appear before the court on the hearing of the charge;

(c) the evidence before the court of the service on the person of the summons requiring him to appear before the court in relation to the charge was an affidavit that, under sub-section (3) of this section, was evidence that the summons was served on the person in accordance with sub-section (2) of this section;

(d) application is made to the court, within two years after the date of the conviction or within such further period as the court allows, by the person, or by an officer of the Postmaster-General's Department, for the conviction to be set aside on the ground that the person did not receive a copy of the summons, or did not receive a copy of the summons by such a date as would have given to him a reasonable time to comply with the summons; and

(e) the ground on which the application is made is established to the satisfaction of the court,
the court shall set aside the conviction.

(6) Where the court sets aside the conviction, it may, unless it considers that it would be unjust so to do, hear and determine the charge as if the person had not been convicted of the offence, but, before proceeding to hear the charge, the court shall require such things to be done as, in the opinion of the court, are necessary to ensure that the person has been informed of the charge and of the time when and the place where the charge will be heard.

(7) A court may, on the hearing of an application referred to in sub-section (5) of this section, make such order as to costs as it thinks proper.
Amended by No. 216, 1973, s. 3.

(8) The provisions of this section have effect in addition to, and not in derogation of, any other law, whether a law of the Commonwealth or of a State or Territory, that makes provision for or in relation to the service of summonses.

(9) In this section, ''prescribed offence'' means-

(a) an offence against this Act by reason of a contravention of sub-section (6) of section one hundred and twenty-five, or of sub-section (6) of section one hundred and twenty-six, of this Act; or

(b) an offence referred to in sub-section (8) of section one hundred and twenty-five, or in sub-section (8) of section one hundred and twenty-six, of this Act.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 133.
Evidence.

SECT

Substituted by No. 33, 1956, s. 58; amended by No. 67, 1964, s. 10.
133. A certificate in writing, signed by an authorized officer, certifying that, at the time specified in the certificate-

(a) there was not a broadcast listener's licence or a combined receiving licence in force under this Act applying to a broadcast receiver specified in the certificate; or

(b) there was not a television viewer's licence or a combined receiving licence in force under this Act applying to a television receiver specified in the certificate,
is evidence of the facts stated in the certificate.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 134.
Regulations.

SECT

Substituted by No. 38, 1965, s. 11.
134.* (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for-

(a) prescribing matters relating to the making of, and the terms and conditions that may be included in, agreements or arrangements for or in connexion with rights to the use of any material or matter in broadcast or televised programmes or for or in connexion with the broadcasting or televising of advertisements, being agreements or arrangements between persons each of whom is either a licensee of a commercial broadcasting station or commercial television station or a person having a prescribed relationship with such a licensee;

(b) regulating or restricting the relaying by commercial broadcasting stations or commercial television stations of the programmes of other such stations;

(c) imposing on licensees of commercial broadcasting stations or commercial television stations and persons having a prescribed relationship with such licensees obligations and restrictions in relation to matters affecting other such licensees and, in particular, in relation to matters affecting the availability of programme rights or material to other such licensees;

(d) empowering the Minister, upon the recommendation of the Board, to direct a person (including the licensee of a commercial television station) to grant rights to the use of any material or matter in televised programmes to the licensee of a commercial television station in accordance with the direction and upon terms specified in the direction, and dealing with matters incidental to such directions; and

(e) preventing interference to the transmission or reception of the programmes of broadcasting stations, television stations or television translator stations.

(2) The regulations empowering the giving of a direction referred to in paragraph (d) of the last preceding sub-section shall make provision for-

(a) conferring on every person affected by such a direction a right to have the direction reviewed by the Commonwealth Industrial Court upon the ground that-

(i) he has a reasonable ground of objection to the granting of the rights referred to in the direction; or

(ii) the terms specified in the direction are not just and reasonable,

or on both those grounds; and

(b) empowering the Court, upon such a review, to quash or vary the direction.

(3) Jurisdiction is, by this Act, conferred on the Commonwealth Industrial Court to hear and determine proceedings on a review under the regulations, and that jurisdiction may be exercised by such number of judges as the regulations provide.
The Schedule repealed by No. 33, 1956, s. 60.
* * * * * * * *
------------------------------------------------------------------------------ --

BROADCASTING AND TELEVISION ACT 1942-1973 - NOTES

NOTES
1. The Broadcasting and Television Act 1942-1973 comprises the Australian Broadcasting Act 1942 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Australian Broadcasting
Act 1942 No. 33, 1942 12 June 1942 1 July 1942 (see
Gazette 1942,
p. 1505)
Australian Broadcasting
Act 1946 No. 39, 1946 14 Aug 1946 Ss. 3, 4, 6, 7 and
19: 27
Feb 1947 (see
Gazette 1947, p.
453)
Remainder: 1 Oct
1946 (see Gazette
1946, p. 2634)
Australian Broadcasting
Act 1948 No. 64, 1948 6 Dec 1948 15 Mar 1949
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Broadcasting Act 1951 No. 41, 1951 5 Dec 1951 1 Jan 1952
Commonwealth Bank Act
1953 (a) No. 12, 1953 1 Apr 1953 29 Apr 1953
Broadcasting Act 1954 No. 82, 1954 18 Nov 1954 6 Jan 1955
Broadcasting and
Television Act 1956 No. 33, 1956 20 June 1956 (b)
Broadcasting and
Television Act (No. 2)
1956 No. 65, 1956 28 Sept 1956 (c)
Broadcasting and
Television Act (No. 3)
1956 No. 92, 1956 15 Nov 1956 1 Sept 1957 (d)
Broadcasting and
Television Act 1960-1961
(e) No. 36, 1960,
as amended
by No. 32,
1961 (e) (f)
Broadcasting and
Television Act 1962 No. 96, 1962 14 Dec 1962 28 May 1963 (g)
Broadcasting and
Television Act 1963 No. 82, 1963 31 Oct 1963 28 Nov 1963
Broadcasting and
Television Act 1964 No. 67, 1964 30 Sept 1964 Ss. 1, 2 and 7 (1)
and
(2): 1 Oct 1964
Remainder: 1 Apr
1965 (see Gazette
1965, p. 1259)
Broadcasting and
Television Act (No. 2)
1964 No. 121, 1964 24 Nov 1964 24 Nov 1964
Broadcasting and
Television Act 1965 No. 38, 1965 2 June 1965 2 June 1965
Broadcasting and
Television Act (No. 2)
1965 No. 120, 1965 18 Dec 1965 18 Dec 1965
Broadcasting and
Television Act 1966 No. 57, 1966 29 Oct 1966 29 Oct 1966
Broadcasting and
Television Act 1967 No. 47, 1967 26 May 1967 26 May 1967
Broadcasting and
Television Act 1968 No. 69, 1968 3 Oct 1968 3 Oct 1968
Broadcasting and
Television Act 1969 No. 21, 1969 4 June 1969 4 June 1969
Broadcasting and
Television Act (No. 2)
1969 No. 31, 1969 4 June 1969 4 June 1969
Broadcasting and
Television Act 1971 No. 8, 1971 29 Mar 1971 29 Mar 1971 (h)
Broadcasting and
Television Act (No. 2)
1971 No. 72, 1971 30 Sept 1971 1 Oct 1971
Salaries (Statutory
Offices) Adjustment Act
1971 (j) No. 136, 1971 16 Dec 1971 16 Dec 1971
Broadcasting and
Television Act 1972 No. 49, 1972 7 June 1972 7 June 1972
Broadcasting and
Television Act 1973 No. 50, 1973 14 June 1973 S. 5: 3 July 1973
Remainder: Royal
Assent
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

(a) The Commonwealth Bank Act 1953 was repealed by section 4 of the Reserve Bank Act 1959. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended.

(b) The several sections of the Broadcasting and Television Act 1956, other than sections 53, 54, 55 and 58, were proclaimed to come into operation on 1 July 1956. Sections 53, 54, 55 and 58 were proclaimed to come into operation on 1 January 1957 (see Gazette 1956, p. 1897). Section 54 of the Broadcasting and Television Act 1956 was amended by sub-section 3 (1) of the Broadcasting and Television Act (No. 2) 1956. By sub-section 3 (2) of the last-mentioned Act, section 54 as so amended came into operation on 1 January 1957.

(c) Section 2 of the Broadcasting and Television Act (No. 2) 1956 provides as follows:

''2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

''(2) The amendments of the Principal Act effected by paragraphs (a) and (b) of section four of this Act apply in relation to-

(a) a broadcast listener's licence granted for a period commencing on or after the first day of October, One thousand nine hundred and fifty-six; and

(b) the renewal of a broadcast listener's licence where the licence or the last preceding renewal of the licence, as the case may be, expires or has expired on or after that date.

''(3) The amendment of the Principal Act effected by paragraph (c) of section four of this Act shall come into operation on the first day of January, One thousand nine hundred and fifty-seven.''

(d) By section 2 of the Broadcasting and Television Act (No. 3) 1956, that Act came into operation on the day on which the Repatriation (Far East Strategic Reserve) Act 1956 came into operation. The last-mentioned Act came into operation on a date fixed by Proclamation. The date fixed was 1 September 1957 (see Gazette 1957, p. 2631).

(e) Sections 33 and 35 of the Broadcasting and Television Act 1960 (No. 36, 1960; assented to on 8 June 1960) were amended by the Broadcasting and Television Act 1961 (No. 32, 1961; assented to on 2 June 1961).

(f) Section 2 of the Broadcasting and Television Act 1960 provides as follows:

''2. (1) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

''(2) Sections seventeen, nineteen, twenty, twenty-one, twenty-two, twenty-three, thirty-two, thirty-three and thirty-four, paragraphs (a) and (b) of section thirty-five, sections thirty-six and thirty-seven and paragraph (a) of section thirty-eight of this Act shall come into operation on such dates as are respectively fixed by Proclamation.''

All the provisions referred to in sub-section (2) were proclaimed to come into operation on 3 July 1961 (see Gazette 1961, p. 2531).

The Broadcasting and Television Act 1961 came into operation on 30 June 1961.

(g) By section 2 of the Broadcasting and Television Act 1962, that Act came into operation on the day on which the Repatriation (Special Overseas Service) Act 1962 came into operation. The last-mentioned Act came into operation on a date fixed by Proclamation. The date fixed was 28 May 1963 (see Gazette 1963, p. 1869).

(h) Section 2 of the Broadcasting and Television Act 1971 provides as follows:

''2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

''(2) The amendments of the Principal Act effected by sections 5 and 8, and by sub-section (2) of section 10, of this Act shall take effect on the twenty-eighth day after this Act receives the Royal Assent.

''(3) The amendments of the Principal Act effected by section 18 of this Act apply in relation to-

(a) a licence granted for a period commencing after the day on which this Act receives the Royal Assent; and

(b) the renewal of a licence where the licence or the last preceding renewal of the licence, as the case may be, expires on or after that day.''

(j) The Salaries (Statutory Offices) Adjustment Act 1971 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended.

The numbers of many of the Parts, Divisions and sections of the Broadcasting and Television Act 1942-1973 as shown in this reprint result from the re-numbering effected by the Broadcasting and Television Act 1956. Particulars of the re-numbering are set out in the First Schedule to that Act.
2.-Ss. 11, 43 (7)-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of General Manager of the Australian Broadcasting Commission is $25,000, that of Chairman of the Australian Broadcasting Control Board $22,012 and that of Member of the Australian Broadcasting Control Board $18,995 with an annual allowance applicable to the office of General Manager of $1,200.
3.-S. 128 (4)-Section 135V of the Social Services Act 1947-1973 provides as follows:

''135V. (1) A person shall not be taken to be a pensioner for the purposes of section 128 of the Broadcasting and Television Act 1942-1969, or for the purposes of regulation 29 of the Telephone Regulations in force under the Post and Telegraph Act 1901-1968, by reason that the person is in receipt of, or is entitled to, a pension under Part III or IV, or a benefit under Part IVAAA, of this Act where that pension or benefit would not be payable if any amendment of the Social Services Act 1947-1968, being-

(a) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968; or

(b) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,

had not been made.

''(2) A person shall not be taken to be a pensioner for the purposes of section 128 of the Broadcasting and Television Act 1942-1969, or for the purposes of regulation 29 of the Telephone Regulations in force under the Post and Telegraph Act 1901-1968, by reason that the person is in receipt of, or is entitled to, an allowance under Part VIIA of this Act where-

(a) in the case of a person who was in receipt of, or was entitled to, the allowance at the date of commencement of this section and has been in receipt of, or entitled to, the allowance at all times since that date-the allowance would not be payable if any amendment of the Social Services Act 1947-1968, being-

(i) an amendment alleviating the operation of the means test in relation to that person made after that date; or

(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,

had not been made; or

(b) in any other case-the person would, but for the receipt of, or entitlement to, the allowance, be eligible to receive a pension under Part III or IV, or a benefit under Part IVAAA, of this Act but would not be so eligible if any amendment of the Social Services Act 1947-1968, being-

(i) an amendment alleviating the operation of the means test in relation to that person, made after the date of commencement of the Social Services Act 1968; or

(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Sevices Act (No. 4) 1973,

had not been made.

''(3) A person shall not be taken to be a pensioner for the purposes of section 128 of the Broadcasting and Television Act 1942-1969, or for the purposes of regulation 29 of the Telephone Regulations in force under the Post and Telegraph Act 1901-1968, by reason that the person is in receipt of, or is entitled to, an allowance under section 9 of the Tuberculosis Act 1948 where-

(a) in the case of a person who was in receipt of, or was entitled to, the allowance at the date of commencement of this section and has been in receipt of, or entitled to, the allowance at all times since that date-the person would, but for the receipt of, or entitlement to, the allowance, be eligible to receive an allowance under Part VIIA of this Act but would not be so eligible if any amendment of the Social Services Act 1947-1968, being-

(i) an amendment alleviating the operation of the means test in relation to that person made after that date; or

(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,

had not been made; or

(b) in any other case-the person would, but for the receipt of, or entitlement to, the allowance, be eligible to receive a pension under Part III or IV, or a benefit under Part IVAAA of this Act but would not be so eligible if any amendment of the Social Services Act 1947-1968, being-

(i) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968; or

(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,

had not been made.

''(4) Nothing in this section prevents the making of regulations under the Post and Telegraph Act 1901-1968 that could have been made if this section had not been enacted.

''(5) For the purposes of this section, 'amendment alleviating the operation of the means test', in relation to a person, means an amendment that operates to diminish or eliminate any reduction that would otherwise be made in the rate of pension or allowance payable to or in respect of the person by reason of his means as assessed as defined by section 18 or section 59 as the case may be.''
4.-S. 128 (4)-Sub-section 123A (1) of the Repatriation Act 1920-1973 provides as follows:

'' (1) A person shall not be taken to be a pensioner for the purposes of section 128 of the Broadcasting and Television Act 1942-1969 by reason that the person is in receipt of a service pension where that pension would not be payable if-

(a) any amendment of the Repatriation Act 1920-1968, being-

(i) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Repatriation Act 1968; or

(ii) an amendment of a rate of pension, allowance or benefit under Division 5 of Part III made after the date of commencement of the Repatriation Act (No. 3) 1973,

had not been made; and

(b) an amendment of the Social Services Act 1947-1968, being-

(i) an amendment alleviating the operation of the means test in relation to that person made after the commencement of the Social Services Act 1968; or

(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,

had not been made. ''
5.-S. 134 (1)-This section was substituted by sub-section 11 (1) of the Broadcasting and Television Act 1965. Sub-section 11 (2) of that Act provides as follows:

'' (2) All regulations that were in force under the Principal Act immediately before the date of commencement of this Act continue in force as if made under section 134 of the Principal Act as amended by this Act, but any such regulation may be amended or repealed by regulations under the Principal Act as amended by this Act. ''

Federal Register of Legislation - Australian Government

Primary content

Broadcasting and Television Act 1942

BROADCASTING AND TELEVISION ACT 1942 - Reprinted as at 19 December 1973 (HISTACT CHAP 1936 #DATE 19:12:1973)

BROADCASTING AND TELEVISION ACT 1942-1973 - TABLE OF PROVISIONS

TABLE

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 1. Short title.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 2. Commencement.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 4. Interpretation.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 6. Application to the Territories.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 7. Part II inserted by No. 64, 1948, s. 6.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 8. Constitution of Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 9. Term of office of members.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 10. Meetings of Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 11. Remuneration and allowances of members of the Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 12. Leave of absence.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 13. Dismissal and vacation of office.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 14. Delegation by Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 15. Officers.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 16. Powers and functions of Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 17. Orders, &c., of the Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 18. Division 3 inserted by No. 33, 1956, s. 9.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 19. Board may take evidence on oath.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 20. Notice of time and place fixed for inquiries.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 21. Power to examine upon oath.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 21A. Briefing of counsel to assist Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 22. Representation before Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 23. Protection of members of the Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 24. Proceedings for defamation not to lie.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 25. Board not bound by rules of evidence, &c.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 26. Heading substituted by No. 8, 1971, s. 6.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27. Bank accounts.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27A. Application of moneys.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27B. Accounts and records to be kept.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27C. Particulars of proposed expenditure.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27D. Audit.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 28. Heading inserted by No. 8, 1971, s. 6.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 28A. Postmaster-General may provide facilities on behalf of the Board.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 29. Advisory committees.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 30. Heading to Part III substituted by No. 33, 1956, s. 13. PART III-THE NATIONAL

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 31. Composition of Commission.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 32. Term of office of Commissioners.

SECT

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 33. Remuneration and allowances of Commissioners.

SECT

BROADCASTING AND TELEVISION ACT 1942
- Reprinted as at 19 December 1973 (HISTACT CHAP 1936 #DATE 19:12:1973)

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 1.
Short title.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 2.
Commencement.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 4.
Interpretation.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 6.
Application to the Territories.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 7.
Part II inserted by No. 64, 1948, s. 6.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 8.
Constitution of Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 9.
Term of office of members.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 10.
Meetings of Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 11.
Remuneration and allowances of members of the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 12.
Leave of absence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 13.
Dismissal and vacation of office.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 14.
Delegation by Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 15.
Officers.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 16.
Powers and functions of Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 17.
Orders, &c., of the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 18.
Division 3 inserted by No. 33, 1956, s. 9.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 19.
Board may take evidence on oath.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 20.
Notice of time and place fixed for inquiries.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 21.
Power to examine upon oath.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 21A.
Briefing of counsel to assist Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 22.
Representation before Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 23.
Protection of members of the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 24.
Proceedings for defamation not to lie.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 25.
Board not bound by rules of evidence, &c.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 26.
Heading substituted by No. 8, 1971, s. 6.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27.
Bank accounts.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27A.
Application of moneys.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27B.
Accounts and records to be kept.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27C.
Particulars of proposed expenditure.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 27D.
Audit.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 28.
Heading inserted by No. 8, 1971, s. 6.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 28A.
Postmaster-General may provide facilities on behalf of the Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 29.
Advisory committees.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 30.
Heading to Part III substituted by No. 33, 1956, s. 13. PART III-THE
NATIONAL

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 31.
Composition of Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 32.
Term of office of Commissioners.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 33.
Remuneration and allowances of Commissioners.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 34.
Illness or absence of Chairman.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 35.
Illness or absence of Commissioners.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 36.
Leave of absence.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 37.
Dismissal and vacation of office.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 38.
Disclosure of interest in contracts.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 39.
Meetings of Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 40.
Delegation.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 41.
Division 2 inserted by No. 39, 1946, s. 4.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 42.
Preservation of certain awards, &c.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 43.
Officers and employees.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 45.
Creation and abolition of positions.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 46.
Reclassification.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 46A.
Approval of Minister to certain classifications.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 47.
Filling of vacant positions.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 48.
Selection of officers for promotion.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 48A.
Promotion of officers who complete courses of training for special positions.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 49.
Appeals against promotions.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 50.
Promotions Appeal Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 51.
Tenure of office.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 52.
Excess officers.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 54.
Appointments to be on probation.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 55.
Retirement of inefficient, &c., officers.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 56.
Dismissal, reduction in status, fine, &c., for misconduct.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 57.
Appeals.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 58.
Disciplinary Appeal Board.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 59.
Functions of Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 60.
Publication of journals, &c.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 61.
Power to purchase and dispose of assets.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 62.
Agreements to receive approval in certain cases.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 63.
Studios to be provided by Commission.

BROADCASTING AND TELEVISION ACT 1942-1973 - SECT. 64.
Authorized transmissions.