Parliamentary Proceedings Broadcasting Act 1946
No. 20, 1946
Compilation No. 5
Compilation date: 14 March 2018
Includes amendments up to: Act No. 99, 2017
Registered: 3 April 2018
About this compilation
This compilation
This is a compilation of the Parliamentary Proceedings Broadcasting Act 1946 that shows the text of the law as amended and in force on 14 March 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Interpretation....................................................................................... 1
3A......... Application to the Territories............................................................... 2
4............ Broadcasting of parliamentary proceedings......................................... 2
5............ Constitution of Committee.................................................................. 3
6............ Tenure of office of members of Committee......................................... 3
7............ Resignation......................................................................................... 3
8............ Vacancies............................................................................................ 3
9............ Chairman and Vice‑Chairman............................................................. 4
10.......... Quorum and procedure at meetings..................................................... 4
11.......... Power to sit during recess etc.............................................................. 4
12.......... Functions of Committee...................................................................... 4
13.......... Delegation to Sub‑Committee............................................................. 5
13A....... Recording of parliamentary proceedings............................................. 5
14.......... Re‑broadcasting of parliamentary proceedings.................................... 6
15.......... No action for broadcasting parliamentary proceedings........................ 7
16.......... Broadcasting obligations inapplicable................................................. 7
17.......... Regulations......................................................................................... 7
Endnotes 8
Endnote 1—About the endnotes 8
Endnote 2—Abbreviation key 10
Endnote 3—Legislation history 11
Endnote 4—Amendment history 13
An Act to provide for the Broadcasting of the Proceedings of the Houses of the Parliament, and for other purposes
1 Short title
This Act may be cited as the Parliamentary Proceedings Broadcasting Act 1946.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
joint sitting means a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor‑General in pursuance of section 57 of the Constitution or held pursuant to any Act.
national broadcasting station means a radio station used to provide national broadcasting services within the meaning of section 13 of the Broadcasting Services Act 1992.
the Committee means the Joint Committee on the Broadcasting of Parliamentary Proceedings appointed under this Act.
(2) In this Act:
(a) a reference to televising shall be read as a reference to the transmission from a television station of visual images, with or without accompanying sound; and
(b) a reference to re‑broadcasting of proceedings shall be read as a reference to broadcasting from a sound recording of proceedings.
(3) Sections 14, 15 and 16 apply in relation to proceedings of a joint sitting as if:
(a) a reference to broadcasting of proceedings included a reference to televising of proceedings; and
(b) a reference to re‑broadcasting of proceedings included a reference to televising from a recording of proceedings.
3A Application to the Territories
This Act extends to all the external Territories.
4 Broadcasting of parliamentary proceedings
(1) Notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983, the Australian Broadcasting Corporation shall broadcast the proceedings of the Senate, the House of Representatives or a joint sitting from:
(a) a medium‑wave national broadcasting station in the capital city in each State and in the city of Newcastle in the State of New South Wales; and
(b) such other national broadcasting stations (including shortwave national broadcasting stations) as are prescribed;
upon such days and during such periods as the Committee determines.
(2) Notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983, but subject to subsection (3) of this section, the Australian Broadcasting Corporation may televise the whole or a part of the proceedings of a joint sitting.
(3) The Committee may make determinations requiring the Australian Broadcasting Corporation to exercise its powers under subsection (2) or otherwise relating to the exercise of those powers, and the Corporation shall act in accordance with any such determination.
5 Constitution of Committee
(1) At the commencement of the first session of every Parliament, a Joint Committee of nine members of the Parliament, to be called the Joint Committee on the Broadcasting of Parliamentary Proceedings, shall be appointed according to the practice of the Parliament with reference to the appointment of members to serve on Joint Select Committees of both Houses of the Parliament.
(2) One of the members of the Committee shall be the President of the Senate, one member shall be the Speaker of the House of Representatives, and, of the other seven members of the Committee, two shall be members of, and appointed by, the Senate and five shall be members of, and appointed by, the House of Representatives.
6 Tenure of office of members of Committee
The members of the Committee shall hold office as a Joint Committee until the House of Representatives for the time being expires by dissolution or effluxion of time.
7 Resignation
(1) Any member of the Committee (other than the President of the Senate and the Speaker of the House of Representatives) may resign his seat on the Committee by writing under his hand addressed to the President of the Senate if he be a Senator, or to the Speaker of the House of Representatives if he be a member of the House of Representatives.
(2) The seat of any member of the Committee shall be deemed to have become vacant if he ceases to be a Senator or a member of the House of Representatives (as the case may be).
8 Vacancies
Where the seat of any member of the Committee (other than the President of the Senate or the Speaker of the House of Representatives) becomes vacant, it shall be filled by appointment according to the practice referred to in section 5 within fifteen sitting days after the happening of the vacancy if the House of the Parliament of which he is a member is then sitting, or, if not, then within fifteen sitting days after the next meeting of that House.
9 Chairman and Vice‑Chairman
There shall be a Chairman and a Vice‑Chairman of the Committee, who shall be elected by the members of the Committee at their first meeting, or as soon thereafter as is practicable.
10 Quorum and procedure at meetings
At any meeting of the Committee:
(a) five members shall form a quorum;
(b) the Chairman or, in his absence, the Vice‑Chairman or, in the absence of both the Chairman and the Vice‑Chairman, a member elected by the members present, shall preside;
(c) all questions shall be decided by a majority of the votes of the members present; and
(d) the Chairman or other member presiding shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
11 Power to sit during recess etc.
The Committee may sit and transact business during any adjournment or recess as well as during the session, and may sit at such times (including times while either House of the Parliament is actually sitting or during a joint sitting) and in such places, and conduct their proceedings in such manner, as they deem proper.
12 Functions of Committee
(1) The Committee shall consider and specify in a report presented to each House of the Parliament, the general principles upon which there should be determined the days upon which, and the periods during which, the proceedings of the Senate and the House of Representatives shall be broadcast.
(2) The Committee shall, in accordance with general principles specified by the Committee and adopted by each House of the Parliament, determine the days upon which, and the periods during which, the proceedings of either House of the Parliament shall be broadcast.
(3) The Committee shall determine the days upon which, and the periods during which, the proceedings of a joint sitting shall be broadcast.
13 Delegation to Sub‑Committee
(1) The Committee may delegate to a Sub‑Committee of the Committee, consisting of two Senators and two members of the House of Representatives, the power to determine the days upon which, and the periods during which, the proceedings of either House of the Parliament or of a joint sitting shall be broadcast or its power to determine any matter in accordance with subsection (3) of section 4, and any determination of the Sub‑Committee shall, for the purposes of this Act, be deemed to be a determination of the Committee.
(2) Two members of the Sub‑Committee shall form a quorum.
(3) No delegation under this section shall prevent the exercise of any power by the Committee.
(4) The Sub‑Committee may sit and transact business during any adjournment or recess as well as during the session, and may sit at such times (including times while either House of the Parliament is actually sitting or during a joint sitting) as they deem proper.
13A Recording of parliamentary proceedings
(1) In this section, Corporation means the Australian Broadcasting Corporation.
(2) The Corporation may make a sound recording of any proceedings of either House of the Parliament or of a joint sitting and shall make a sound recording of any such proceedings when directed so to do by the Chairman or Vice‑Chairman of the Committee.
(2A) The Corporation may, with the consent of the Chairman or Vice‑Chairman of the Committee, make a visual recording, with or without accompanying sound, of any proceedings of a joint sitting, and shall make such a recording when directed so to do by the Chairman or Vice‑Chairman of the Committee.
(3) The Corporation shall, within such period as the Committee from time to time directs, deliver to the Chairman or Vice‑Chairman of the Committee any recording made by the Corporation in pursuance of this section.
(4) Where the Committee considers that a recording made by the Corporation in pursuance of this section is of sufficient historic interest to justify its being permanently preserved, the Committee may make such arrangements as it thinks fit for the permanent safe keeping of the recording.
(5) Where the Committee does not make arrangements for the permanent safe keeping of a recording, the Committee shall cause the recording to be destroyed.
14 Re‑broadcasting of parliamentary proceedings
(1) The Committee shall have power to determine the conditions in accordance with which a re‑broadcast may be made of any portion of the proceedings of either House of the Parliament or of a joint sitting.
(2) No re‑broadcast shall be made of any portion of the proceedings of either House of the Parliament or of a joint sitting otherwise than in accordance with the conditions so determined.
15 No action for broadcasting parliamentary proceedings
No action or proceeding, civil or criminal, shall lie against any person for broadcasting or re‑broadcasting any portion of the proceedings of either House of the Parliament or of a joint sitting.
16 Broadcasting obligations inapplicable
The provisions of sections 79A and 79B of the Australian Broadcasting Corporation Act 1983, clauses 3, 4 and 5 of Part 2 of Schedule 2 to the Broadcasting Services Act 1992, section 321D of the Commonwealth Electoral Act 1918, section 110C of the Referendum (Machinery Provisions) Act 1984 and sections 70A and 70B of the Special Broadcasting Services Act 1991 shall not apply to the Broadcasting or re‑broadcasting of any proceedings of either House of the Parliament or of a joint sitting.
17 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which, by this Act, are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
| Parliamentary Proceedings Broadcasting Act 1946 | 20, 1946 | 5 July 1946 | 5 July 1946 (s 2) | |
| Parliamentary Proceedings Broadcasting Act 1960 | 35, 1960 | 8 June 1960 | 8 June 1960 (s 2) | — |
| Parliamentary Proceedings Broadcasting Act 1973 | 94, 1973 | 30 Aug 1973 | 30 Aug 1973 (s 2) | — |
| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | s 9(1), 10 and Sch 1: 31 Dec 1973 (s 2) | s 9(1) and 10 |
| Parliamentary Proceedings Broadcasting Act 1974 | 32, 1974 | 1 Aug 1974 | 1 Aug 1974 (s 2) | s 4(2) |
| Parliamentary Joint Sittings Amendment Act 1981 | 39, 1981 | 1 May 1981 | s 4: 1 May 1981 (s 2) | — |
| Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983 | 7, 1983 | 1 June 1983 | s 68 and 69: 1 July 1983 (s 2(2) and gaz 1983, No S124) | — |
| Broadcasting and Television (Consequential Amendments) Act 1985 | 67, 1985 | 5 June 1985 | s 4 and Sch: 1 Jan 1986 (s 2) | s 4 |
| Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 | 105, 1992 | 9 July 1992 | Sch 2: 5 Oct 1992 (s 2) | — |
| Australian Broadcasting Corporation Amendment Act 1993 | 3, 1994 | 18 Jan 1994 | Sch 3: 18 Jan 1994 (s 2) | — |
| Electoral and Other Legislation Amendment Act 2017 | 99, 2017 | 14 Sep 2017 | Sch 1 (items 61, 62): 14 Mar 2018 (s 2(1) item 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 3........................................ | am No 94, 1973; No 32, 1974; No 39, 1981; No 67, 1985; No 105, 1992; No 3, 1994 |
| s 3A..................................... | ad No 94, 1973 |
| | am No 216, 1973 |
| s 4........................................ | am No 94, 1973; No 32, 1974; No 7, 1983; No 67, 1985; No 3, 1994 |
| s 5........................................ | am No 94, 1973 |
| s 8........................................ | am No 94, 1973 |
| s 11...................................... | am No 32, 1974 |
| s 12...................................... | am No 32, 1974 |
| s 13...................................... | am No 32, 1974 |
| s 13A................................... | ad No 35, 1960 |
| | am No 32, 1974; No 7, 1983 |
| s 14...................................... | am No 32, 1974 |
| s 15...................................... | am No 32, 1974 |
| s 16...................................... | am No 94, 1973; No 32, 1974; No 67, 1985; No 105, 1992; No 99, 2017 |