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 (Repealed)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 (Repealed)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 (Repealed)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.
(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. 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.
(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 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.
(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. 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.
(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. 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.
(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. 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.
(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 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.
(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.
(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.
(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 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.
(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. 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.
(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. 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. ''