Special Broadcasting Service Act 1991
No. 180, 1991 as amended
Compilation start date: 31 March 2013
Includes amendments up to: Act No. 29, 2013
Prepared by the Office of Parliamentary Counsel, Canberra
ComLaw Authoritative Act C2013C00211
About this compilation
The compiled Act
This is a compilation of the Special Broadcasting Service Act 1991 as amended
and in force on 31 March 2013. It includes any amendment affecting the
compiled Act to that date.
This compilation was prepared on 22 May 2013.
The notes at the end of this compilation (the endnotes) include information
about amending Acts and instruments and the amendment history of each
amended provision.
Uncommenced provisions and amendments
If a provision of the compiled Act is affected by an uncommenced amendment,
the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or
transitional provision, the provision is identified in the endnotes.
Modifications
If a provision of the compiled Act is affected by a textual modification that is in
force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled Act has expired or otherwise ceased to have
effect in accordance with a provision of the Act, details of the provision are set
out in the endnotes.
ComLaw Authoritative Act C2013C00211
1
Contents
Part 1—Preliminary 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Interpretation .....................................................................................1
3A Digital media service .........................................................................2
4 Extension to external Territories .......................................................3
Part 2—Establishment, functions and management of the SBS 4 5 Special Broadcasting Service Corporation ........................................4
6 Charter of the SBS.............................................................................4
6A Datacasting functions ........................................................................5
7 Establishment of Special Broadcasting Service Board ......................6
8 Constitution of the Board ..................................................................6
9 Role of the Board...............................................................................6
10 Duties of the Board............................................................................6
11 Minister may give directions to the Board.........................................7
12 Minister may give directions to the SBS in the national
interest ...............................................................................................8
13 Limits on Government directions to SBS ..........................................8
14 Managing Director............................................................................9
15 Duties of the Managing Director .......................................................9
Part 3—The Board of Directors and the Managing Director 10
Division 1—Provisions relating to non-executive Directors 10
16 This Division applies to non-executive Directors............................10
17 Appointment of non-executive Directors.........................................10
18 Term of appointment .......................................................................11
19 Non-executive Directors hold office on part-time basis ..................12
20 Terms and conditions of appointment not provided for by
Act ...................................................................................................12
21 Appointment of Deputy Chairperson...............................................12
22 Board’s functions and powers not affected by vacancy etc. ............12
23 Remuneration and allowances of non-executive Directors..............13
24 Acting Chairperson and other acting non-executive Directors ........13
25 Leave of absence of non-executive Directors ..................................14
26 Resignation of non-executive Directors...........................................14
27 Removal of non-executive Directors from office ............................14
Division 2—Provisions relating to the Managing Director 16
28 Appointment of Managing Director ................................................16
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
i
29 Term of appointment of Managing Director....................................16
30 Managing Director holds office on a full-time basis .......................16
31 Terms and conditions of appointment not provided for by
Act ...................................................................................................16
32 Remuneration and allowances of Managing Director......................16
33 Acting Managing Director...............................................................17
34 Leave of absence of Managing Director ..........................................17
35 Resignation of Managing Director ..................................................17
36 Duty of Managing Director to disclose certain interests..................17
37 Removal of Managing Director from office ....................................18
Division 3—Meetings of the Board 19
38 Meetings of the Board .....................................................................19
39 Presiding at meetings.......................................................................19
40 Quorum and voting at meetings.......................................................20
41 Conduct of meetings........................................................................20
42 Resolutions without formal meetings ..............................................21
Part 3A—Merit-based appointment of non-executive Directors 22 43 Functions of Nomination Panel .......................................................22
43A Selection criteria..............................................................................24
43B Consultation, and selection of candidate not nominated by
Nomination Panel ............................................................................24
43C Department’s annual report .............................................................24
Part 4—Powers and duties of the SBS 25 44 General powers of the SBS..............................................................25
45 Advertising and sponsorship—broadcasting services......................26
45A Advertising and sponsorship—digital media services .....................28
46 Community information ..................................................................28
47 Corporate plans................................................................................28
48 Matters to be included in corporate plans ........................................29
49 Corporate plans to be given to Minister...........................................30
50 Community Advisory Committee....................................................30
51 Board to notify Minister of certain matters......................................30
52 Power to form companies etc. .........................................................31
Part 5—Staff 32 53 Staff of the SBS until section 54 commences ..................................32
54 Staff of the SBS...............................................................................32
55 The SBS is to achieve and maintain high standards as an
employer..........................................................................................32
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
ii
33Part 6—Finance 56 Money to be appropriated................................................................33
57 Money of the SBS ...........................................................................33
58 Application of money ......................................................................33
59 Borrowing from the Commonwealth ...............................................34
60 Borrowings otherwise than from the Commonwealth .....................34
61 Guarantee of borrowing...................................................................34
62 The SBS may give security .............................................................34
63 Borrowings not otherwise permitted................................................35
64 Delegation by Finance Minister.......................................................35
65 Hedging contracts etc. .....................................................................35
68 Taxation...........................................................................................36
Part 7—Miscellaneous 37 70 Application of Broadcasting Act .....................................................37
70AA Report by ACMA on degradation of signal quality .........................37
70A Broadcasting of political or controversial matter.............................37
70B Records of matter broadcast ............................................................39
70C Broadcasting of election advertisements .........................................40
73 Matters to be included in annual report ...........................................42
74 Delegation by the SBS.....................................................................43
75 Delegation by Managing Director ...................................................43
76 Regulations......................................................................................43
Part 8—Transitional 44 77 Interpretation ...................................................................................44
78 Person holding office as Executive Director of the old body
corporate..........................................................................................44
79 Person holding office as member of the old body corporate............45
80 Persons employed or engaged by the old body corporate ................46
81 Persons engaged under section 53 ...................................................46
82 Delegations and authorisations ........................................................46
83 References to old body corporate in instruments etc. ......................47
84 Property, powers, liabilities etc. ......................................................47
85 Saving of proceedings .....................................................................47
86 Judicial notice..................................................................................48
87 Application of money ......................................................................48
88 First estimates..................................................................................48
89 Bank accounts to be treated as if opened under this Act..................48
90 Audit................................................................................................49
91 Annual report and financial statements...........................................49
92 Transfer of appropriations ...............................................................50
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
iii
51Endnotes
Endnote 1—Legislation history 51
Endnote 2—Amendment history 56
Endnote 3—Uncommenced amendments [none] 60
Endnote 4—Misdescribed amendments [none] 61
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
iv
Preliminary Part 1
Section 1
An Act relating to the Special Broadcasting Service
Corporation, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Special Broadcasting Service Act
1991.
2 Commencement
(1) Subject to subsection (2), this Act commences 28 days after the
day on which it receives the Royal Assent.
(2) Section 54 commences on a day to be fixed by Proclamation.
3 Interpretation
In this Act, unless the contrary intention appears:
ACMA means the Australian Communications and Media
Authority.
Board means the Special Broadcasting Service Board referred to in
section 7.
borrowing, includes raising money or obtaining credit, whether by
dealing in securities or otherwise, but does not include obtaining
credit in a transaction forming part of the day-to-day operations of
the SBS.
Chairperson means the Chairperson of the Board.
Charter means the Charter of the SBS described in
subsection 6(3).
Community Advisory Committee means the Community Advisory
Committee established under section 50.
datacasting licence has the same meaning as in the Broadcasting
Services Act 1992.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
1
Part 1 Preliminary
Section 3A
datacasting service has the same meaning as in the Broadcasting
Services Act 1992.
digital electronic communications means communications that:
(a) are carried by means of guided and/or unguided
electromagnetic energy; and
(b) involve the use of digital technology.
digital media service has the meaning given by section 3A.
Director means a member of the Board and includes the
Chairperson, the Deputy Chairperson and the Managing Director.
Finance Minister means the Minister who administers the
Financial Management and Accountability Act 1997.
Indigenous person means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait
Islands.
interest, in relation to money, includes compound interest.
Managing Director means the Managing Director of the SBS.
national broadcasting service has the same meaning as in the
Broadcasting Services Act 1992.
Nomination Panel means the Nomination Panel established under
section 24A of the Australian Broadcasting Corporation Act 1983.
non-executive Director means a Director other than the Managing
Director.
program means a radio program or a television program.
SBS means the body corporate preserved and continued in
existence as the Special Broadcasting Service Corporation under
section 5.
3A Digital media service
(1) For the purposes of this Act, digital media service means:
(a) a service that delivers content to persons having equipment
appropriate for receiving that content, where the delivery of
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
2
Preliminary Part 1
Section 4
the service is by means of digital electronic communications;
or
(b) a service that allows end-users to access content using digital
electronic communications;
but does not include:
(c) a radio or television service; or
(d) a datacasting service.
(2) For the purposes of this section, content means content:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or
otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms.
4 Extension to external Territories
This Act extends to all the external Territories.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
3
Part 2 Establishment, functions and management of the SBS
Section 5
Part 2—Establishment, functions and management
of the SBS
5 Special Broadcasting Service Corporation
(1) The body corporate that was, immediately before the day this
section commences, in existence because of section 79C of the
Broadcasting Act 1942 under the name Special Broadcasting
Service continues in existence, by force of this subsection, as a
body corporate, under this Act, under the name Special
Broadcasting Service Corporation.
Note: The Commonwealth Authorities and Companies Act 1997 applies to the SBS. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.
(2) The SBS:
(a) has a seal; and
(b) may sue and be sued.
(3) All courts, judges and persons acting judicially must take judicial
notice of the imprint of the seal of the SBS appearing on a
document and must presume that the document was duly sealed.
6 Charter of the SBS
(1) The principal function of the SBS is to provide multilingual and
multicultural radio, television and digital media services that
inform, educate and entertain all Australians, and, in doing so,
reflect Australia’s multicultural society.
(2) The SBS, in performing its principal function, must:
(a) contribute to meeting the communications needs of
Australia’s multicultural society, including ethnic, Aboriginal
and Torres Strait Islander communities; and
(b) increase awareness of the contribution of a diversity of
cultures to the continuing development of Australian society;
and
(c) promote understanding and acceptance of the cultural,
linguistic and ethnic diversity of the Australian people; and
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
4
Establishment, functions and management of the SBS Part 2
Section 6A
(d) contribute to the retention and continuing development of
language and other cultural skills; and
(e) as far as practicable, inform, educate and entertain
Australians in their preferred languages; and
(f) make use of Australia’s diverse creative resources; and
(g) to the extent to which the function relates to radio and
television services—contribute to the overall diversity of
Australian television and radio services, particularly taking
into account the contribution of the Australian Broadcasting
Corporation and the community broadcasting sector; and
(h) to the extent to which the function relates to radio and
television services—contribute to extending the range of
Australian television and radio services, and reflect the
changing nature of Australian society, by presenting many
points of view and using innovative forms of expression.
(3) The principal function of the SBS under subsection (1) and the
duties imposed on the SBS under subsection (2) constitute the
Charter of the SBS.
(4) Nothing in this section imposes on the SBS a duty that is
enforceable by proceedings in a court.
(5) A subsidiary function of the SBS is to carry on, within or outside
Australia, any business or other activity incidental to the fulfilment
of the Charter.
6A Datacasting functions
(1) If:
(a) the SBS applies for a datacasting licence; and
(b) the licence is allocated to the SBS;
then, in addition to the functions conferred on the SBS under
section 6, the SBS has the function of providing a datacasting
service under, and in accordance with the conditions of, the
licence.
(2) However, subsection (1) is not intended to impose any obligation
on the SBS, in relation to the provision of such a service, beyond
that imposed on the SBS as holder of such a licence.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
5
Part 2 Establishment, functions and management of the SBS
Section 7
7 Establishment of Special Broadcasting Service Board
There is to be a Board of Directors of the SBS under the name
Special Broadcasting Service Board.
8 Constitution of the Board
The Board consists of:
(a) the Managing Director; and
(aa) the Chairperson; and
(b) not fewer than 3 nor more than 7 other non-executive
Directors.
9 Role of the Board
The role of the Board is:
(a) to decide the objectives, strategies and policies to be
followed by the SBS in performing its functions; and
(b) to ensure that the SBS performs its functions in a proper,
efficient and economical manner and with the maximum
benefit to the people of Australia.
10 Duties of the Board
(1) It is the duty of the Board:
(a) to maintain the independence and integrity of the SBS; and
(b) to develop and publicise the SBS’s programming policies;
and
(c) to ensure, by means of the SBS’s programming policies, that
the gathering and presentation by the SBS of news and
information is accurate and is balanced over time and across
the schedule of programs broadcast; and
(d) to ensure that the SBS does not contravene:
(i) this Act or any other Act; or
(ii) any directions given to, or requirements made in
relation to, the SBS under this Act or another Act; and
(e) to ensure the efficient and cost effective functioning of the
SBS; and
(f) to ensure that the SBS seeks to co-operate closely with the
Australian Broadcasting Corporation to maximise the
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
6
Establishment, functions and management of the SBS Part 2
Section 11
efficiency of the publicly funded sectors of Australian
broadcasting; and
(g) to be aware of, and responsive to, community needs and
opinions on matters relevant to the Charter; and
(h) to develop and publicise the SBS’s policies on the handling
of complaints; and
(i) to ensure that the pursuit by the SBS of its subsidiary
functions does not detract from the SBS fulfilling its Charter
responsibilities; and
(j) to develop codes of practice relating to:
(i) programming matters; and
(ii) if the SBS has the function of providing a datacasting
service under section 6A—that service;
and to notify those codes to the ACMA.
(2) Nothing in this section imposes on the Board a duty that is
enforceable by proceedings in a court.
11 Minister may give directions to the Board
(1) Subject to subsections (2) and (3), the Minister may, after
consultation with the Board, give to the Board such written
directions in relation to the performance of the SBS’s functions as
appear to the Minister to be necessary in the public interest.
(2) Subject to subsections (3) and (3A), the Minister may only give a
direction in relation to a prescribed matter or in prescribed
circumstances.
(3) The Minister must not give a direction in relation to the content or
scheduling of programs to be broadcast.
(3A) The Minister must not give a direction in relation to the content to
be provided on a digital media service.
(4) Where the Minister gives a direction to the Board, the Minister
must cause a copy of the direction to be laid before each House of
the Parliament within 15 sitting days of that House after giving the
direction.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
7
Part 2 Establishment, functions and management of the SBS
Section 12
12 Minister may give directions to the SBS in the national interest
(1) Where the Minister is of the opinion that the broadcasting of a
particular matter by the SBS would be in the national interest, the
Minister may direct the SBS to broadcast that matter from all the
broadcasting stations from which the SBS programs are broadcast
or from such of them as are specified in the direction.
(2) Where the Minister gives a direction to the SBS, the SBS must
broadcast the matter, free of charge, in accordance with the
direction.
(3) The Minister may direct that a matter be broadcast in a language or
languages specified in the direction.
(4) Subsection (1) has effect subject to section 116 of the Broadcasting
Act 1942.
(4A) If the Minister is of the opinion that the provision of particular
content by the SBS would be in the national interest, the Minister
may direct the SBS to provide that content on all of its digital
media services or on such of them as are specified in the direction.
If such a direction is given, the SBS must provide that content, free
of charge, in accordance with the direction.
(5) A direction under this section must be given in writing, or sent by
telex or facsimile transmission, to the Managing Director.
(6) Where the Minister gives a direction under this section to the SBS,
the Minister must cause a statement setting out particulars of, and
the reasons for, the direction to be laid before each House of the
Parliament within 7 sitting days of that House after giving the
direction.
13 Limits on Government directions to SBS
(1) Except as otherwise provided by or under this or any other Act, the
SBS and its Board are not subject to direction by or on behalf of
the Commonwealth Government.
(2) Sections 28 and 48A of the Commonwealth Authorities and
Companies Act 1997 apply in relation to the SBS and its Board to
the extent that a General Policy Order referred to in those sections
does not affect the content or scheduling of programs.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
8
Establishment, functions and management of the SBS Part 2
Section 14
14 Managing Director
There is to be a Managing Director of the SBS, who is to be
appointed and hold office as provided by Division 2 of Part 3.
15 Duties of the Managing Director
(1) Subject to subsection (2), the affairs of the SBS are to be managed
by the Managing Director.
(2) In managing any of the affairs of the SBS and in exercising any
powers conferred on him or her by this Act, the Managing Director
must act in accordance with any policies determined, and any
directions given, by the Board.
(3) Anything done in the name of, or on behalf of, the SBS by the
Managing Director is taken to have been done by the SBS.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
9
Part 3 The Board of Directors and the Managing Director
Division 1 Provisions relating to non-executive Directors
Section 16
Part 3—The Board of Directors and the Managing
Director
Division 1—Provisions relating to non-executive Directors
16 This Division applies to non-executive Directors
This Division applies to the non-executive Directors.
17 Appointment of non-executive Directors
(1) The Governor-General must appoint the non-executive Directors.
(2) Before the Governor-General appoints a person as a non-executive
Director, the Minister must have regard to the need to ensure:
(a) that the Directors collectively possess an appropriate balance
of expertise in the areas required to govern the SBS
effectively, including an understanding of Australia’s
multicultural society and the needs and interests of the SBS’s
culturally diverse audience; and
(b) that the Directors collectively comprise persons with a
diversity of cultural perspectives; and
(c) that the Directors include a person who the Minister is
satisfied, having regard to consultations between the Minister
and representatives of industrial organisations representing
employees, has an appropriate understanding of the interests
of employees; and
(d) that at least one of the Directors is an Indigenous person.
(2A) The following persons are not eligible for appointment as a
non-executive Director referred to in paragraph 8(aa) or (b):
(a) a member or former member of the Parliament of the
Commonwealth;
(b) a member or former member of the Parliament of a State, of
the Legislative Assembly for the Australian Capital Territory
or of the Legislative Assembly of the Northern Territory;
(c) a person who is or was a senior political staff member
(within the meaning of the Australian Broadcasting
Corporation Act 1983).
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
10
The Board of Directors and the Managing Director Part 3
Provisions relating to non-executive Directors Division 1
Section 18
(2AA) However, so far as subsection (2A) relates to a person who:
(a) is a former member of a Parliament or a Legislative
Assembly referred to in that subsection; or
(b) was a senior political staff member (within the meaning of
the Australian Broadcasting Corporation Act 1983);
that subsection applies only for the period of 12 months beginning
on the day the person ceased to be a member of that Parliament or
that Legislative Assembly or a senior political staff member
(within the meaning of that Act).
(2AB) A person who:
(a) is a former member of a Parliament or a Legislative
Assembly referred to in subsection (2A); or
(b) was a senior political staff member (within the meaning of
the Australian Broadcasting Corporation Act 1983);
must not be appointed as a non-executive Director referred to in
paragraph 8(aa) or (b) unless, in accordance with Part 3A, the
Nomination Panel has nominated the person for the appointment.
(2B) Subject to subsection (2C), a person must not be appointed as a
non-executive Director referred to in paragraph 8(aa) or (b) unless
Part 3A is complied with.
(2C) The Minister may recommend to the Governor-General that a
particular person be re-appointed as a non-executive Director
referred to in paragraph 8(aa) or (b) without Part 3A being
complied with.
(3) The appointment of a person as a non-executive Director is not
invalid merely because of a defect or irregularity in relation to the
appointment (including a failure to comply with Part 3A).
18 Term of appointment
(1) A non-executive Director holds office, subject to this Act, for such
period (not longer than 5 years) as is specified in the instrument of
appointment, but is eligible for re-appointment.
(2) Where a person is re-appointed as a non-executive Director, the
re-appointment must be for a period not exceeding 5 years.
(3) The sum of the periods for which a person holds either or both of
the following offices must not exceed 10 years:
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
11
Part 3 The Board of Directors and the Managing Director
Division 1 Provisions relating to non-executive Directors
Section 19
(a) an office referred to in paragraph 8(aa);
(b) an office referred to in paragraph 8(b).
Example 1: Assume a person holds office as Chairperson for an initial period of 5 years and then holds office as Chairperson for a further period of 5 years.
The person cannot hold office as Chairperson again and cannot hold office as a Director referred to in paragraph 8(b).
Example 2: Assume a person holds office as a Director referred to in paragraph 8(b) for a period of 5 years and then holds office as Chairperson for a period of 3 years.
The person may now hold office as Chairperson, or as a Director referred to in paragraph 8(b), for a maximum period of 2 years.
19 Non-executive Directors hold office on part-time basis
Non-executive Directors hold office on a part-time basis.
20 Terms and conditions of appointment not provided for by Act
A non-executive Director holds office on such terms and
conditions in relation to matters not provided for by this Act as are
determined by the Governor-General.
21 Appointment of Deputy Chairperson
(1) The Governor-General must appoint one of the non-executive
Directors to be the Deputy Chairperson of the Board.
(2) A person must not continue to hold the position of Deputy
Chairperson, acting Chairperson or acting Deputy Chairperson if
the person ceases to be a non-executive Director.
22 Board’s functions and powers not affected by vacancy etc.
The performance of the functions or the exercise of the powers of
the Board is not affected merely because:
(a) there is a vacancy in the office of the Chairperson or Deputy
Chairperson; or
(b) there is a vacancy in the office of Managing Director; or
(c) the number of non-executive Directors falls below 4 for not
longer than 6 months.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
12
The Board of Directors and the Managing Director Part 3
Provisions relating to non-executive Directors Division 1
Section 23
23 Remuneration and allowances of non-executive Directors
(1) A non-executive Director must be paid such remuneration as is
determined by the Remuneration Tribunal.
(2) A non-executive Director must be paid such allowances as are
prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
24 Acting Chairperson and other acting non-executive Directors
(1) Where:
(a) there is a vacancy in the office of Chairperson, whether or
not an appointment has previously been made to the office;
or
(b) the Chairperson is absent from duty or from Australia or is,
for any other reason, unable to perform the duties of his or
her office;
the Deputy Chairperson must act as Chairperson.
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
(2) The Minister may appoint a non-executive Director to act as
Deputy Chairperson:
(a) during a vacancy in the office of Deputy Chairperson,
whether or not an appointment has previously been made to
that office; or
(b) during any period, or during all periods, when the Deputy
Chairperson is absent from duty or from Australia, is acting
as Chairperson or is, for any other reason, unable to perform
the duties of his or her office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(3) The Minister may appoint a person to act as a non-executive
Director other than the Chairperson or the Deputy Chairperson:
(a) during a vacancy in the office of such a non-executive
Director, whether or not an appointment has previously been
made to the office; or
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
13
Part 3 The Board of Directors and the Managing Director
Division 1 Provisions relating to non-executive Directors
Section 25
(b) during any period, or during all periods, when such a
non-executive Director is acting as Chairperson or as Deputy
Chairperson, is absent from duty or from Australia or is, for
any other reason, unable to perform the duties of his or her
office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(4) The Minister may determine the terms and conditions, other than
terms and conditions relating to remuneration and allowances,
applying to a person acting as Chairperson, as Deputy Chairperson
or as another non-executive Director.
(5) A person acting as Chairperson, as Deputy Chairperson or as
another non-executive Director is to be paid the same remuneration
and allowances as are payable to the Chairperson, the Deputy
Chairperson or other non-executive Directors, as the case requires.
25 Leave of absence of non-executive Directors
(1) The Minister may grant leave to the Chairperson to be absent from
a meeting of the Board upon such conditions as to remuneration or
otherwise as the Minister thinks fit.
(2) Where the Chairperson is unable to attend a meeting of the Board
because of ill health, the Board may grant leave to the Chairperson
to be absent from that meeting.
(3) The Chairperson may grant leave to any other non-executive
Director to be absent from a meeting of the Board upon such
conditions as to remuneration or otherwise as the Chairperson
thinks fit.
26 Resignation of non-executive Directors
A non-executive Director may resign his or her office by writing
signed and delivered to the Governor-General.
27 Removal of non-executive Directors from office
(1) The Governor-General may remove a non-executive Director from
office for misbehaviour or physical or mental incapacity.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
14
The Board of Directors and the Managing Director Part 3
Provisions relating to non-executive Directors Division 1
Section 27
(2) If:
(a) the Chairperson, or a non-executive Director acting as
Chairperson, is absent, except with the leave of the Minister
or the Board, from 3 consecutive meetings of the Board; or
(b) a non-executive Director (other than the Chairperson or a
Director acting as Chairperson) is absent, except with the
leave of the Chairperson, from 3 consecutive meetings of the
Board; or
(c) a non-executive Director:
(i) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit;
or
(ii) fails, without reasonable excuse, to comply with
section 27F or 27J of the Commonwealth Authorities
and Companies Act 1997;
the Governor-General may remove the non-executive Director
concerned from office.
(3) If:
(a) the Minister is of the opinion that the performance of the
Board or the SBS has been unsatisfactory for a significant
period of time; and
(b) the Minister proposes that the appointment of all
non-executive Directors, or specified non-executive
Directors, be terminated;
the Governor-General must terminate the appointment of all
non-executive Directors or the specified non-executive Directors,
as the case may be.
(4) If:
(a) the Minister is of the opinion that the performance of a
particular non-executive Director has been unsatisfactory for
a significant period of time; and
(b) the Minister proposes that the appointment of the
non-executive Director be terminated;
the Governor-General must terminate the appointment of the
non-executive Director.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
15
Part 3 The Board of Directors and the Managing Director
Division 2 Provisions relating to the Managing Director
Section 28
Division 2—Provisions relating to the Managing Director
28 Appointment of Managing Director
(1) The Board must appoint the Managing Director.
(2) The appointment of a person as Managing Director is not invalid
merely because of a defect or irregularity in relation to the
appointment.
29 Term of appointment of Managing Director
(1) Subject to subsection (2), the Managing Director must be
appointed for a period not longer than 5 years, but is eligible for
re-appointment.
(2) Where the person holding office as Managing Director is
re-appointed, the re-appointment must be for a period not longer
than 5 years.
30 Managing Director holds office on a full-time basis
The Managing Director holds office on a full-time basis.
31 Terms and conditions of appointment not provided for by Act
The Managing Director holds office on such terms and conditions
in relation to matters not provided for by this Act as are determined
by the Board.
32 Remuneration and allowances of Managing Director
(1) The Managing Director must be paid such remuneration as is
determined by the Remuneration Tribunal.
(2) The Managing Director must be paid such allowances as are
determined by the Board.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
16
The Board of Directors and the Managing Director Part 3
Provisions relating to the Managing Director Division 2
Section 33
33 Acting Managing Director
(1) The Board may appoint a person to act as Managing Director:
(a) during a vacancy in the office of Managing Director; or
(b) during any period, or during all periods, when the Managing
Director is absent from duty or from Australia or is, for any
other reason, unable to perform the functions of his or her
office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2) The Board may determine the terms and conditions of
appointment, excluding remuneration and allowances, of a person
acting as Managing Director.
(3) An employee of the SBS who is acting as Managing Director must
be paid:
(a) remuneration at the same level as would be payable to the
Managing Director under subsection 32(1); and
(b) such allowances as are determined by the Board.
34 Leave of absence of Managing Director
(1) The Managing Director has such recreation leave entitlements as
are determined by the Remuneration Tribunal.
(2) The Managing Director may take recreation leave only with the
approval of the Board.
(3) The Board may grant leave of absence, other than recreation leave,
to the Managing Director on such terms and conditions as the
Board thinks fit.
35 Resignation of Managing Director
The Managing Director may resign his or her office by writing
signed and delivered to the Board.
36 Duty of Managing Director to disclose certain interests
The Managing Director must give written notice to the Chairperson
of all direct and indirect pecuniary interests that the Managing
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
17
Part 3 The Board of Directors and the Managing Director
Division 2 Provisions relating to the Managing Director
Section 37
Director has or acquires in any business or in any body corporate
carrying on any business.
37 Removal of Managing Director from office
(1) The Managing Director holds office during the Board’s pleasure.
(2) If the Managing Director:
(a) engages in paid employment outside the duties of his or her
office without the approval of the Board; or
(b) is absent from duty, except on leave granted by the Board,
for 14 consecutive days, or for 28 days in any 12 months; or
(c) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of his or her
remuneration for their benefit; or
(d) fails, without reasonable excuse, to comply with section 36
of this Act or section 27F or 27J of the Commonwealth
Authorities and Companies Act 1997;
the Board may remove the Managing Director from office.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
18
The Board of Directors and the Managing Director Part 3
Meetings of the Board Division 3
Section 38
Division 3—Meetings of the Board
38 Meetings of the Board
(1) The Board is to hold such meetings as are necessary for the
efficient performance of its role and duties.
(2) The Chairperson:
(a) may convene a meeting at any time; and
(b) must convene a meeting on receipt of a written request
signed by:
(i) if there are not more than 6 non-executive Directors
holding office under section 17—not fewer than 4
Directors; or
(ii) if there are more than 6 non-executive Directors holding
office under that section—not fewer than 5 Directors.
(3) Meetings of the Board are to be held at such places as the
Chairperson determines.
39 Presiding at meetings
(1) The Chairperson is to preside at all meetings of the Board at which
he or she is present.
(2) If the Chairperson is absent from a meeting of the Board, the
Deputy Chairperson is to preside at the meeting.
(3) If the Chairperson and the Deputy Chairperson are absent from a
meeting of the Board:
(a) if a non-executive Director is acting as Chairperson—that
non-executive Director is to preside at the meeting; or
(b) in any other case—the Directors present must elect one of
their number other than the Managing Director to preside at
the meeting.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
19
Part 3 The Board of Directors and the Managing Director
Division 3 Meetings of the Board
Section 40
40 Quorum and voting at meetings
(1) At a meeting of the Board:
(a) a quorum is constituted by:
(i) if there are not more than 6 non-executive Directors
holding office under section 17—4 Directors; or
(ii) if there are more than 6 non-executive Directors holding
office under that section—5 Directors; and
(b) all questions are to be decided by a majority of the votes of
the Directors present; and
(c) the Director presiding has a deliberative vote and, if
necessary, also has a casting vote.
(2) If, because of section 27J of the Commonwealth Authorities and
Companies Act 1997, a non-executive Director is not present at a
meeting of the Board during a deliberation of the Board in relation
to a matter, but there would be a quorum if the non-executive
Director were present, the remaining Directors present constitute a
quorum for the purpose of any deliberation or decision of the
Board at the meeting in relation to the matter.
(3) The Managing Director must not be present during any
deliberation, or take part in any decision, of the Board with respect
to the appointment, or any of the terms and conditions of
employment, of the Managing Director.
41 Conduct of meetings
(1) The Director presiding at a meeting of the Board may give
directions regarding the procedure to be followed at or in
connection with the meeting.
(2) Without limiting subsection (1), the Board may permit Directors to
participate in a particular meeting, or all meetings, by:
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
(3) A Director who is permitted to participate in a meeting under
subsection (2) is to be regarded as being present at that meeting.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
20
The Board of Directors and the Managing Director Part 3
Meetings of the Board Division 3
Section 42
42 Resolutions without formal meetings
Where the Board so determines, a resolution is taken to have been
passed at a meeting of the Board if:
(a) without a meeting, a majority of the number of the Directors
indicate agreement with the resolution in accordance with the
method determined by the Board; and
(b) that majority would, if present at a meeting of the Board,
have constituted a quorum under subsection 40(1).
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
21
Part 3A Merit-based appointment of non-executive Directors
Section 43
Part 3A—Merit-based appointment of
non-executive Directors
43 Functions of Nomination Panel
(1) The functions of the Nomination Panel include:
(a) to conduct a selection process for each appointment of a
non-executive Director referred to in paragraph 8(aa) or (b);
and
(b) to assess all applicants for the appointment against the
selection criteria determined under subsection 43A(1) and
any additional selection criteria notified under
subsection 43A(2); and
(c) to assess all applicants for the appointment on the basis of
merit; and
(d) to give a written report to the Minister on the outcome of the
selection process that contains a list of at least 3 candidates
who are nominated for the appointment and a comparative
assessment of those candidates.
(2) For the purposes of paragraph (1)(c), the assessment of applicants
for appointment as a non-executive Director referred to in
paragraph 8(aa) or (b) is based on merit if:
(a) an assessment is made of the comparative suitability of the
applicants for the duties of that Director, using a competitive
selection process; and
(b) the assessment is based on the relationship between the
applicants’ experience, skills and competencies and the
experience, skills and competencies genuinely required for
the duties of that Director; and
(c) the assessment focuses on the capability of the applicants to
achieve outcomes related to the duties of that Director; and
(d) the assessment is the primary consideration in nominating the
candidates for that appointment.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
22
Merit-based appointment of non-executive Directors Part 3A
Section 43
Advertising appointments
(3) The Nomination Panel must invite written applications by persons
seeking to be appointed as a non-executive Director referred to in
paragraph 8(aa) or (b) by advertisements published:
(a) in either or both of the following:
(i) a newspaper circulating generally throughout Australia;
(ii) for each State, the Australian Capital Territory and the
Northern Territory—a newspaper circulating generally
in that State or Territory; and
(b) on the Department’s website.
Selection process creates another appointment
(4) If:
(a) under subsection (3), the Nomination Panel invites
applications by persons seeking to be appointed as
Chairperson (whether or not it also invites applications by
persons seeking to be appointed as a non-executive Director
referred to in paragraph 8(b)); and
(b) as a result of the selection process, a non-executive Director
referred to in paragraph 8(b) is appointed as the Chairperson
(allowing another appointment (the new appointment) of a
Director referred to in that paragraph to be made);
then:
(c) the Panel is not required to conduct another selection process
for the new appointment; and
(d) if the Panel does not do so—paragraphs (1)(b), (c) and (d) of
this section apply in relation to the new appointment as if:
(i) the unsuccessful applicants (other than a non-executive
Director referred to in paragraph 8(b)) for the
appointment as Chairperson were applicants for the new
appointment; and
(ii) if the Panel also invited applications by persons seeking
to be appointed as a non-executive Director referred to
in paragraph 8(b)—the unsuccessful applicants for the
appointment were applicants for the new appointment.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
23
Part 3A Merit-based appointment of non-executive Directors
Section 43A
43A Selection criteria
(1) The Minister must, by legislative instrument, determine selection
criteria for the appointment of a non-executive Director referred to
in paragraph 8(aa) or (b).
(2) The Minister may, in relation to a particular such appointment,
give a written notice to the Nomination Panel of additional
selection criteria for that appointment.
(3) A notice under subsection (2) is not a legislative instrument.
43B Consultation, and selection of candidate not nominated by
Nomination Panel
(1) If:
(a) the Nomination Panel gives the Minister a report under
paragraph 43(1)(d) in relation to the appointment of a
non-executive Director referred to in paragraph 8(aa) or (b);
and
(b) the Minister considers that a person not nominated by the
Nomination Panel should be appointed;
the Minister must give the Prime Minister a written notice that:
(c) specifies the name of that person; and
(d) sets out the Minister’s reasons for preferring that person.
(2) If that person is so appointed, the Minister must table the reasons
for that appointment in each House of the Parliament no later than
15 sitting days of that House after that appointment is made. Those
reasons must include an assessment of that person against the
selection criteria.
43C Department’s annual report
The Department’s annual report for a financial year must include a
statement in relation to each selection process for the appointment
of a non-executive Director that was completed in that financial
year.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
24
Powers and duties of the SBS Part 4
Section 44
Part 4—Powers and duties of the SBS
44 General powers of the SBS
(1) The SBS may do all things that are necessary or convenient to be
done for or in connection with, or as incidental to, the performance
of its functions and, in particular, has the following powers:
(a) to produce, promote or present programs or arrange, or
provide facilities, for the production, promotion or
presentation of programs;
(b) to transmit programs or other matter by means of guided or
unguided electromagnetic energy, or provide facilities for
such transmissions;
(c) to arrange for the transmission of programs or other matter
by means of guided or unguided electromagnetic energy;
(d) to make facilities and staff available to persons for the
production, presentation or transmission of programs;
(e) to acquire, accept, take on hire, dispose of or lease, personal
property (including programs or rights or interests in
programs);
(f) to prepare, promote and distribute printed material;
(g) to make, promote and distribute films, sound recordings,
video-tapes, computer programs and other similar material;
(h) to make, promote and distribute any other thing associated
with, or with the activities of, the SBS;
(i) to acquire, hold, dispose of or lease, real property;
(j) to erect buildings or structures or carry out works;
(k) to enter into contracts;
(l) to make arrangements for holding, organising or subsidising,
any public concert or other public entertainment;
(m) to accept gifts, devises or bequests made to the SBS, whether
on trust or otherwise, or to act as trustee of money or other
property vested in the SBS on trust;
(n) to occupy, use and control any land or building owned or
leased by the Commonwealth and made available for the
purposes of the SBS;
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
25
Part 4 Powers and duties of the SBS
Section 45
(o) to appoint agents and attorneys, and to act as an agent for
other persons;
(p) to engage persons to perform services for the SBS otherwise
than as employees of the SBS;
(q) to do anything incidental to any of its powers.
(2) The SBS may, from time to time, determine charges payable in
respect of any matter or activity referred to in subsection (1).
(3) Subject to subsection (4), the SBS does not have power:
(a) to accept the performance of any service, or the provision of
any facility, for the SBS; or
(b) to accept any gift, devise or bequest to the SBS, whether
offered or made unconditionally or subject to conditions;
where it is likely that the independence or integrity of the SBS
would be affected.
(4) Nothing in subsection (3) precludes the SBS from accepting the
performance of services, the provision of facilities or the payment
of money by or on behalf of the Commonwealth, a State or a
Territory or an authority of the Commonwealth, of a State or of a
Territory.
(5) Before the publication of program schedules of the SBS
broadcasting stations, the SBS must make those schedules
available at an office of the SBS on equal terms to the publishers of
any newspaper, magazine or journal published in Australia.
(6) The powers of the SBS may be exercised within or outside
Australia.
45 Advertising and sponsorship—broadcasting services
(1) Subject to subsection (2) and section 70C, the SBS may broadcast
advertisements and sponsorship announcements on any of its
broadcasting services.
(2) The SBS may only broadcast advertisements or sponsorship
announcements:
(a) that run during periods before programs commence, after
programs end or during natural program breaks; and
(b) that run in total for not more than 5 minutes in any hour of
broadcasting.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
26
Powers and duties of the SBS Part 4
Section 45
(3) In computing the length of time devoted to the broadcasting of
advertisements and sponsorship announcements, account is not to
be taken to the broadcasting by the SBS of any of the following:
(a) material that publicises programs to be broadcast by the SBS;
(b) material that promotes the SBS’s products, services or
activities for the broadcast of which the SBS does not receive
any consideration in cash or in kind;
(c) community information or community promotional material
for the broadcast of which the SBS does not receive any
consideration in cash or in kind;
(d) advertisements or sponsorship announcements consisting of
moving text that is overlaid on the test pattern.
(4) The Board:
(a) must develop and publicise guidelines on the kinds of
advertisements and sponsorship announcements that it is
prepared to broadcast; and
(b) may develop guidelines on other matters relating to
advertisements and sponsorship announcements including:
(i) the placement of such advertisements and
announcements; and
(ii) the duration of such advertisements and announcements;
and
(iii) the kinds of advertising and sponsorship (if any) that
particular kinds of program may carry.
(5) The Board must, from time to time, revise any guidelines
developed by it and must ensure that the guidelines as so
developed, or as so developed and revised, are included in the
corporate plan, within the statement of strategies and policies to be
followed by the SBS to achieve its objectives.
(6) Without limiting the generality of subsection (4), the reference to
kinds of advertisements and sponsorship announcements in that
subsection includes a reference to such kinds of advertisements and
sponsorship announcements identified by reference to products and
services.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
27
Part 4 Powers and duties of the SBS
Section 45A
45A Advertising and sponsorship—digital media services
(1) The SBS may have advertisements and sponsorship
announcements on any of its digital media services.
(2) The Board:
(a) must develop and publicise guidelines on the kinds of
advertisements and sponsorship announcements that it is
prepared to have on its digital media services; and
(b) may develop guidelines on other matters relating to
advertisements and sponsorship announcements on its digital
media services.
(3) The Board must, from time to time, revise any guidelines
developed by it and must ensure that the guidelines as so
developed, or as so developed and revised, are included in the
corporate plan, within the statement of strategies and policies to be
followed by the SBS to achieve its objectives.
(4) Without limiting the generality of subsection (2), the reference to
kinds of advertisements and sponsorship announcements in that
subsection includes a reference to such kinds of advertisements and
sponsorship announcements identified by reference to products and
services.
(5) For the purposes of this section, announcement includes an
announcement in the form of text.
46 Community information
The Board must develop and publicise guidelines on the kinds of
community information or community promotional material that it
is prepared to broadcast.
47 Corporate plans
(1) The Board must prepare corporate plans.
(2) The first corporate plan:
(a) is to be for a period of not less than 3 years, and not more
than 5 years; and
(b) must be given to the Minister within a period of 6 months
after the day on which this section commences.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
28
Powers and duties of the SBS Part 4
Section 48
(3) Each subsequent corporate plan is to be for a period of not less
than 3 years, and not more than 5 years, beginning immediately
after the period of the previous corporate plan.
(4) The Board may review and revise a corporate plan at any time.
48 Matters to be included in corporate plans
(1) Each corporate plan must:
(a) set out the objectives of the SBS and its subsidiaries; and
(b) outline the overall strategies and policies that the SBS and its
subsidiaries are to follow:
(i) to achieve the objectives of the SBS; and
(ii) to fulfil the SBS’s principal and subsidiary functions;
and
(iii) to ensure that the Board performs its role under
paragraph 9(b) and fulfils its duties under section 10;
and
(c) include a forecast of the revenue and expenditure of the SBS
and its subsidiaries, including a forecast of capital
expenditure and borrowings; and
(d) include such performance indicators and targets (whether
financial or operational) as the Board considers appropriate;
and
(e) set out the Board’s additional community consultative
measures, that is to say, any measures that the Board
proposes to adopt in addition to receiving advice from the
Community Advisory Committee to ensure that it is aware
of, and responsive to, community needs and opinions
(including the needs and opinions of small or newly arrived
ethnic groups) on matters relevant to the Charter; and
(f) include such other matters as are prescribed.
(2) The forecast of the revenue and expenditure of the SBS must
include an assessment of all the taxes and charges that would be
payable by the SBS under the laws of the Commonwealth and of
each State and Territory if the SBS were subject to taxation
liability under those laws.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
29
Part 4 Powers and duties of the SBS
Section 49
(3) In this section, unless the contrary intention appears, subsidiary
means a prescribed company within the meaning of section 52 that
the SBS controls.
49 Corporate plans to be given to Minister
As soon as practicable after the Board prepares or revises a
corporate plan, it must give a copy of the plan to the Minister.
50 Community Advisory Committee
(1) The Board must establish a committee to be known as the
Community Advisory Committee.
(2) The function of the Committee is to assist the Board to fulfil its
duty under paragraph 10(1)(g) by advising the Board on
community needs and opinions, including the needs and opinions
of small or newly arrived ethnic groups, on matters relevant to the
Charter.
(3) Each member of the Committee is to be appointed by the Board.
(4) The Board may only appoint a person to the Committee if the
Board is satisfied that the person:
(a) has an understanding of Australia’s multicultural society; and
(b) in particular, has interests relevant to, and an understanding
of, ethnic, Aboriginal or Torres Strait Islander communities.
(5) The Board is to determine the terms and conditions of appointment
of each member of the Committee.
51 Board to notify Minister of certain matters
If the Board forms the opinion that matters have arisen:
(a) that may prevent, or significantly affect, achievement of the
objectives in the SBS corporate plan; or
(b) that may significantly affect the strategies and policies that
are to be followed under that plan; or
(c) that may prevent, or significantly affect, the forecasts of
revenue and expenditure under that plan;
the Board must immediately notify the Minister of its opinion and
the reasons for the opinion.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
30
Powers and duties of the SBS Part 4
Section 52
52 Power to form companies etc.
(1) In this section:
authorised business means a business or other activity related to or
incidental to the performance of any of the functions of the SBS.
prescribed company means a public company that carries on, or
proposes to carry on, an authorised business.
(2) The SBS may:
(a) form, or participate with other persons in the formation of, a
public company to carry on an authorised business; and
(b) acquire, hold and dispose of shares or stock in the capital of,
or debentures or other securities of, a prescribed company;
and
(c) enter into a partnership, or an arrangement for the sharing of
profits or expenses, with a person or body for the purpose of
carrying on an authorised business; and
(d) provide technical or other assistance and facilities (whether
within or outside Australia) for a prescribed company or for a
partnership, or for the purposes of an arrangement, referred
to in paragraph (c).
Note: Section 15 of the Commonwealth Authorities and Companies Act 1997 requires Directors to notify the Minister of significant business activities and arrangements.
(4) Where:
(a) the SBS has an interest in a prescribed company; and
(b) the prescribed company ceases to be a prescribed company;
the Minister may give to the SBS such written directions as the
Minister thinks appropriate with respect to the disposal of the
interest of the SBS in the company and the SBS must comply with
any such directions.
(5) This section does not authorise a prescribed company to carry on
an authorised business otherwise than in accordance with any
applicable law.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
31
Part 5 Staff
Section 53
Part 5—Staff
53 Staff of the SBS until section 54 commences
(1) The employees of the SBS are to be persons appointed or
employed under the Public Service Act 1922.
(2) The Managing Director has all the powers of, or exercisable by, a
Secretary under the Public Service Act 1922 so far as those powers
relate to the branch of the Australian Public Service comprising the
employees of the SBS.
(3) This section is taken to have been repealed by another Act on the
day that is fixed by Proclamation for the commencement of
section 54.
54 Staff of the SBS
(1) The SBS may engage such employees as are necessary for the
performance of its functions and the exercise of its powers.
(2) The terms and conditions of employment are to be determined by
the SBS.
55 The SBS is to achieve and maintain high standards as an
employer
The SBS must endeavour to achieve and maintain high standards
as an employer in relation to terms and conditions of employment,
occupational health, industrial safety, industrial democracy,
non-discriminatory employment practices and other related
matters.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
32
Finance Part 6
Section 56
Part 6—Finance
56 Money to be appropriated
(1) There is payable to the SBS such money as is from time to time
appropriated by the Parliament for the purposes of the SBS.
(2) The Finance Minister may give directions as to the amounts in
which, and the times at which, money referred to in subsection (1)
is to be paid to the SBS.
57 Money of the SBS
The money of the SBS consists of:
(a) money paid to the SBS under section 56; and
(b) money borrowed by the SBS under sections 59 or 60; and
(c) money received by the SBS in respect of the provision of
services and facilities; and
(d) the proceeds of the sale or other disposition of any property
of the SBS (including programs and rights or interests in
programs); and
(e) money received by the SBS in respect of sponsorships and
the sale and broadcasting of advertisements; and
(f) any other money derived by the SBS in the performance of
its functions; and
(g) any money received by the SBS by way of, or as a result of, a
gift, devise or bequest.
58 Application of money
(1) The money of the SBS is to be applied only:
(a) in payment or discharge of expenses, obligations and
liabilities of the SBS arising under this Act; and
(b) in payment of remuneration, allowances and fees payable to
non-executive Directors, the Managing Director and persons
referred to in section 53 or 54; and
(c) in payment of any remuneration, allowances and fees payable
to the members of the Community Advisory Committee or
other consultative body established by the Board.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
33
Part 6 Finance
Section 59
(2) Subsection (1) does not prevent investment of surplus money of the
SBS under section 18 of the Commonwealth Authorities and
Companies Act 1997.
59 Borrowing from the Commonwealth
The Finance Minister may, on behalf of the Commonwealth, out of
money appropriated by the Parliament for the purpose, lend money
to the SBS on such terms and conditions as he or she determines in
writing.
60 Borrowings otherwise than from the Commonwealth
(1) The SBS may, with the written approval of the Finance Minister,
borrow money from persons other than the Commonwealth on
terms and conditions specified in, or consistent with, the approval.
(2) Money may be borrowed wholly or partly in foreign currency.
61 Guarantee of borrowing
(1) The Finance Minister may, on behalf of the Commonwealth, enter
into a contract guaranteeing the performance by the SBS of
obligations incurred by it under section 60.
(2) If the Finance Minister determines in writing that obligations
incurred by the SBS under that section are guaranteed by the
Commonwealth, the obligations are so guaranteed by force of this
subsection.
(3) A contract under subsection (1) may include:
(a) a provision agreeing that proceedings under the contract may
be taken in a court of a foreign country; or
(b) a provision waiving the immunity of the Commonwealth
from suit in a court of a foreign country.
62 The SBS may give security
The SBS may give security over the whole or part of its assets for:
(a) the performance by the SBS of any obligation incurred under
section 59 or 60; or
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
34
Finance Part 6
Section 63
(b) the payment to the Commonwealth of amounts equal to
amounts paid or payable by the Commonwealth under a
guarantee under section 61.
63 Borrowings not otherwise permitted
The SBS must not borrow money except under this Part.
64 Delegation by Finance Minister
(1) The Finance Minister may, by written instrument, delegate any of
the Finance Minister’s powers or functions under section 60 or 61
to an official (within the meaning of the Financial Management
and Accountability Act 1997).
(2) In exercising powers or functions under a delegation, the official
must comply with any directions of the Finance Minister.
65 Hedging contracts etc.
(1) Subject to subsection (3), the SBS may enter into or deal with
contracts, and make other arrangements, in relation to financial
futures or foreign currency (including foreign currency futures) for
the purpose of reducing or eliminating risks of adverse financial
consequences to the SBS in relation to:
(a) any contract (including a contract that may be entered into
under this section), or any proposed contract, involving the
payment or receipt of money by the SBS; or
(b) a borrowing or a proposed borrowing of money by the SBS;
being risks that may arise from variations in the rate of currency
exchange or rate of interest applicable to the contract or proposed
contract, or to the borrowing or proposed borrowing of money, as
the case may be, referred to in paragraph (a) or (b).
(2) The Minister may, by determination in writing:
(a) set guidelines for the purpose of the exercise by the SBS of
its power under subsection (1); and
(b) revoke or vary guidelines set for that purpose or set new
guidelines for that purpose;
and must give to the SBS a copy of each determination made under
this subsection.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
35
Part 6 Finance
Section 68
(3) The SBS may only enter into a contract, dealing or other
arrangement under subsection (1) in accordance with the guidelines
(if any) having effect from time to time under subsection (2).
(4) A contract, dealing or other arrangement under subsection (1) does
not require the approval of the Minister under subsection 67(1).
(5) In this section:
proposed borrowing means a proposed borrowing of money that is
in accordance with an approval under section 60.
68 Taxation
The SBS is not subject to taxation under any law of the
Commonwealth, of a State or of a Territory.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
36
Miscellaneous Part 7
Section 70
Part 7—Miscellaneous
70 Application of Broadcasting Act
Except where the Broadcasting Services Act 1992 otherwise
expressly provides, that Act does not apply in relation to the
broadcasting services provided by the SBS.
70AA Report by ACMA on degradation of signal quality
If:
(a) a person has made a complaint to the SBS about degradation
of the quality of signal reception of a national broadcasting
service; and
(b) within 60 days after making the complaint, the person did not
receive a response that the person regarded as adequate; and
(c) the signal concerned is received from an analog terrestrial
radiocommunications transmitter;
the Minister may direct the ACMA to conduct an investigation into
the matter.
70A Broadcasting of political or controversial matter
(1) Subject to this Act, the SBS may determine to what extent and in
what manner political matter or controversial matter will be
broadcast by the SBS.
(2) If the SBS broadcasts political matter at the request of another
person, the SBS must, immediately afterwards:
(a) if the matter was broadcast by radio—cause the required
particulars in relation to the matter to be announced; or
(b) if the matter was televised:
(i) cause the required particulars in relation to the matter
(other than the particulars referred to in paragraph (c) of
the definition of required particulars in subsection (5))
to be announced; and
(ii) cause all the required particulars in relation to the matter
to be transmitted in the form of images of words.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
37
Part 7 Miscellaneous
Section 70A
(3) The SBS must, in relation to political matter broadcast at the
request of another person, keep a record of the name, address and
occupation of the person or, if the person is a company, the name
and the address of the principal office of the person, for the
required period and must give to the ACMA any particulars of the
record that the ACMA, by written notice, requires.
(4) For the purposes of this section, a person authorises the
broadcasting of political matter only if the person is responsible for
approval of the content of the political matter and the decision to
present it for broadcasting.
(5) In this section:
election means an election to a Parliament or a local government
authority of a State or Territory.
election period means:
(a) in relation to an election to the Legislative Council of
Tasmania, or an ordinary election to the Legislative
Assembly for the Australian Capital Territory—the period
that starts 33 days before the polling day for the election and
ends at the close of the poll on that day; and
(b) in relation to any other election to a Parliament—the period
that starts on:
(i) the day on which the proposed polling day for the
election is publicly announced; or
(ii) the day on which the writs for the election are issued;
whichever happens first, and ends at the close of the poll on
the polling day for the election; and
(c) in relation to an election to a local government authority—
the period that starts 33 days before the polling day for the
election and ends at the close of the poll on that day; and
(d) in relation to a referendum whose voting day is the same as
the polling day for an election to the Parliament of the
Commonwealth—the election period in relation to that
election; and
(e) in relation to any other referendum—the period that starts 33
days before the voting day for the referendum and ends at the
close of voting on that day.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
38
Miscellaneous Part 7
Section 70B
Parliament means:
(a) the Parliament of the Commonwealth; or
(b) a State Parliament; or
(c) the legislature of a Territory.
person includes a political party, a corporation and any other
association (whether incorporated or unincorporated);
political matter means any political matter, including the policy
launch of a political party.
referendum means the submission to the electors of a proposed
law for the alteration of the Constitution, whether or not the
proposal to make the submission has been announced.
required particulars, in relation to a political matter that is
broadcast, means:
(a) if the broadcasting was authorised by a political party:
(i) the name of the political party; and
(ii) the town, city or suburb in which the principal office of
the political party is situated; and
(iii) the name of the natural person responsible for giving
effect to the authorisation; and
(b) if the broadcasting of the political matter was authorised by a
person other than a political party:
(i) the name of the person who authorised the broadcasting
of the political matter; and
(ii) the town, city or suburb in which the person lives or, if
the person is a corporation or association, in which the
principal office of the person is situated; and
(c) the name of every speaker who, either in person or by means
of a sound recording device, delivers an address or makes a
statement that forms part of that matter.
required period, in relation to the keeping of a record in relation to
political matter, means the period of 2 years commencing on the
day on which the matter was broadcast.
70B Records of matter broadcast
(1) If the SBS broadcasts matter relating to a political subject or
current affairs, being matter that is in the form of news, an address,
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
39
Part 7 Miscellaneous
Section 70C
a statement, a commentary or a discussion, the SBS must cause a
record of the matter to be made:
(a) in the case of a radio broadcast—by using a device for
recording sound; or
(b) in the case of a television broadcast—by using a device for
recording images and associated sound.
(2) Subject to this section, the SBS must retain in its custody a record
so made for a period of:
(a) 6 weeks from the date on which the matter was broadcast; or
(b) if a complaint has been made about the matter—for 70 days
from the date on which the complaint was made.
(3) If a person considers that a record so made is admissible in
evidence in proceedings instituted, or proposed to be instituted, in a
court, being a record that is held under subsection (2), the person
may give to the SBS a notice in writing informing the SBS that the
record may be required for the purposes of the proceedings.
(4) If such a notice is given to the SBS in respect of a record, the SBS
must, subject to this section, retain the record until the proceedings
or the proposed proceedings to which the notice relates have been
finally determined.
(5) If the proceedings are not instituted within a period of 3 months
after the notice is given to the SBS, subsection (4) ceases to apply
to the record at the end of that period.
(6) The obligation imposed by this section on the SBS to retain a
record does not apply at any time when the record is in the custody
of a court in connection with proceedings instituted in the court.
70C Broadcasting of election advertisements
(1) If:
(a) an election to a Parliament is to be held; and
(b) a radio or television service provided by the SBS would
normally be received in the area of Australia to which the
election relates;
the SBS must not broadcast an election advertisement in relation to
the election during the relevant period as part of that service.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
40
Miscellaneous Part 7
Section 70C
(2) In this section:
election means an election to a Parliament.
election advertisement, in relation to an election, means:
(a) an advertisement:
(i) that contains election matter that relates to that election;
and
(ii) in respect of the broadcasting of which the SBS has
received or is to receive, directly or indirectly, any
money or other consideration; or
(b) an announcement containing a statement to the effect that a
program that is to be or has been broadcast is or was
sponsored by a person or persons and indicating that the
person is a candidate, or one or more of the persons is or are
candidates, at the election; or
(c) an announcement containing a statement to the effect that a
program that is to be or has been broadcast is or was
sponsored by a particular political party where a candidate at
the election belongs to that party.
election matter, in relation to an election, means matter of any of
the following kinds:
(a) matter commenting on, or soliciting votes for, a candidate at
the election;
(b) matter commenting on, or advocating support of, a political
party to which a candidate at the election belongs;
(c) matter commenting on, stating or indicating any of the
matters being submitted to the electors at the election or any
part of the policy of a candidate at the election or of the
political party to which a candidate at the election belongs;
(d) matter referring to a meeting held or to be held in connection
with the election.
Parliament means:
(a) the Parliament of the Commonwealth; or
(b) a State Parliament; or
(c) a legislature of a Territory.
relevant period, in relation to an election, means the period that
commences at the end of the Wednesday before the polling day for
the election and ends at the close of the poll on that polling day.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
41
Part 7 Miscellaneous
Section 73
73 Matters to be included in annual report
The Directors must include in each report on the SBS under
section 9 of the Commonwealth Authorities and Companies Act
1997:
(a) particulars of any broadcast by the SBS during the year
because of a direction by the Minister under
subsection 12(1); and
(aa) particulars of any content provided by the SBS on a digital
media service during the year because of a direction by the
Minister under subsection 12(4A); and
(b) particulars of any broadcast by the SBS during the year
because of a direction by the Minister otherwise than under
this Act; and
(ba) particulars of any content provided by the SBS on a digital
media service during the year because of a direction by the
Minister otherwise than under this Act; and
(c) particulars of any written statement of Commonwealth
Government policy given to the Board by the Minister during
the year and the action (if any) taken by the Board in respect
of the statement; and
(d) particulars of any gift, devise or bequest accepted by the SBS
during the year; and
(e) particulars of how the programming activities during the year
have related to the SBS’s Charter obligations; and
(f) particulars of the total revenue earned during the year from
advertising and sponsorship, of the identity of each advertiser
or sponsor and of the programs (if any) with which each
advertiser or sponsor is associated; and
(g) particulars of any direction by the Minister during the year
under section 11 or 12; and
(h) particulars of any advice received by the Board during the
year from the Community Advisory Committee and the
action taken by the Board in response to that advice; and
(i) particulars of any other measures taken by the Board during
the year to ensure that the Board is aware of, and responsive
to, community needs and opinions on matters relevant to the
SBS’s Charter; and
(j) an assessment of the extent to which the operations of the
SBS and its subsidiaries during the year have achieved the
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
42
Miscellaneous Part 7
Section 74
objectives of the SBS and its subsidiaries under the corporate
plan and fulfilled the functions of the SBS; and
(k) particulars of any activities carried out during the year by the
SBS under subsection 52(2); and
(l) particulars of the activities during the year of any authorised
business with which the SBS is associated under section 52;
and
(m) particulars of any significant changes during the year in the
transmission coverage, or transmission quality, of national
broadcasting services provided by the SBS.
74 Delegation by the SBS
The SBS may, by signed instrument, delegate to a Director or to an
employee of the SBS all or any of its powers under this Act or the
regulations.
75 Delegation by Managing Director
The Managing Director may, by signed instrument, delegate to an
employee of the SBS all or any of his or her powers under this Act
or the regulations.
76 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed by
regulations; or
(b) necessary or convenient to be prescribed by regulations for
carrying out or giving effect to this Act.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
43
Part 8 Transitional
Section 77
Part 8—Transitional
77 Interpretation
In this Part:
assets means property of any kind including:
(a) choses in action; and
(b) rights, interests or claims in or to property, whether
liquidated or unliquidated, certain or contingent or accrued or
accruing.
liabilities means liabilities or obligations of any kind, whether
liquidated or unliquidated, certain or contingent or accrued or
accruing.
old body corporate means the Special Broadcasting Service
established by Part IIIA of the Broadcasting Act 1942.
restructured body corporate means the body corporate preserved
and continued in existence under section 5 as the Special
Broadcasting Service Corporation.
restructuring day means the day section 5 commences.
78 Person holding office as Executive Director of the old body
corporate
(1) The person who, immediately before the restructuring day, held
office as Executive Director of the old body corporate under
section 79Q of the Broadcasting Act 1942 is, on that day, taken to
have been duly appointed:
(a) under section 28 of this Act by the Board as Managing
Director for the balance of the term of the person’s
appointment; and
(b) on the terms and conditions in respect of matters other than
remuneration and allowances that, immediately before the
restructuring day, were applicable to the person’s
appointment as Executive Director of the old body corporate.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
44
Transitional Part 8
Section 79
(2) Any determination of remuneration payable to the Executive
Director of the old body corporate, being a determination made in
accordance with section 125F of the Broadcasting Act 1942 that is
in force immediately before the restructuring day, continues in
force, according to its terms, on and after that day, as if it were a
determination made in accordance with section 32 of this Act in
respect of the Managing Director.
(3) Regulations prescribing the allowances to be paid to the Executive
Director of the old body corporate, being regulations made in
accordance with section 125F of the Broadcasting Act 1942 that
were in force immediately before the restructuring day, continue in
force, on and after that day, as if they had been made in accordance
with section 32 of this Act and applied in respect of the Managing
Director.
79 Person holding office as member of the old body corporate
(1) A person who, immediately before the restructuring day, held
office as a member of the old body corporate is, on that day, taken
to have been duly appointed:
(a) under section 17 as a non-executive Director of the Board for
the balance of the term of the person’s appointment; and
(b) on the terms and conditions in respect of matters other than
remuneration and allowances that, immediately before the
restructuring day, were applicable to the person’s
appointment as a member of the old body corporate.
(2) Any determination of remuneration payable to a member of the old
body corporate, being a determination made in accordance with
section 125F of the Broadcasting Act 1942 that is in force
immediately before the restructuring day, continues in force,
according to its terms, on and after that day, as if it were a
determination made in accordance with section 23 of this Act and
applied in respect of each non-executive Director.
(3) Regulations prescribing the allowances to be paid to members of
the old body corporate, being regulations made in accordance with
section 125F of the Broadcasting Act 1942 that were in force
immediately before the restructuring day, continue in force, on and
after that day, as if they had been made in accordance with
section 23 of this Act and applied in respect of each non-executive
Director.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
45
Part 8 Transitional
Section 80
80 Persons employed or engaged by the old body corporate
(1) A person who, immediately before the restructuring day, was an
officer or employee of the old body corporate is, on that day, taken
to have become an employee of the restructured body corporate
under section 53 of this Act as if the person had been employed
under that section on the terms and conditions that were applicable
to the person immediately before that day.
(2) A person who, immediately before the restructuring day, had been
engaged to perform services for the old body corporate otherwise
than as a member of the staff is, on that day, taken to have been
engaged under paragraph 44(1)(p) of this Act by the restructured
body corporate to perform those services for the restructured body
corporate on the terms and conditions that were applicable to the
person immediately before that day.
81 Persons engaged under section 53
(1) A person who, immediately before the day on which section 53 is
taken to have been repealed, was engaged, or was taken to have
been engaged, by the restructured body corporate under that
section is, on that day, taken to have become an employee of the
restructured body corporate engaged under section 54 of this Act.
(2) Where the restructured body corporate determines, on or before the
day on which section 53 is taken to have been repealed, certain
terms and conditions to be the terms and conditions of employment
applicable to a person to whom subsection (1) applies, those terms
and conditions are to take effect on that day and are to be taken to
have been determined under subsection 54(2).
(3) Before the SBS makes a determination mentioned in
subsection (2), it must consult with the representatives of industrial
organisations representing the interests of the employees who will
be affected by the determination.
82 Delegations and authorisations
(1) Any delegation of a power of the old body corporate that was made
under section 79X of the Broadcasting Act 1942 and was in force
immediately before the restructuring day continues in force on and
after that day for one month as a delegation made under section 74
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
46
Transitional Part 8
Section 83
of this Act of the corresponding power of the restructured body
corporate under this Act, being a power that the restructured body
corporate is authorised by that section to delegate.
(2) An authorisation in relation to the old body corporate that was in
force immediately before the restructuring day continues in force
on and after that day for one month as if it were an authorisation in
relation to the restructured body corporate.
83 References to old body corporate in instruments etc.
A reference to the old body corporate in any law of the
Commonwealth, a State or Territory, or in any contract, award or
other instrument to which the old body corporate was a party, is,
except in relation to matters that occurred before the restructuring
day, to be taken to be a reference to the restructured body
corporate.
84 Property, powers, liabilities etc.
(1) The assets, powers, rights, liabilities and obligations of the old
body corporate are to be treated, on and after the restructuring day,
as assets, powers, rights, liabilities and obligations of the
restructured body corporate.
(2) Subsection (1) extends, so far as the powers of the Parliament
permit, to:
(a) assets situated outside Australia and powers conferred by, or
rights existing under, the law of a foreign country; and
(b) liabilities or obligations arising under the law of a foreign
country.
85 Saving of proceedings
(1) The alteration, under this Act, of the name and constitution of the
old body corporate does not render defective any legal or other
proceedings instituted by or against the old body corporate, and
any legal or other proceedings that might have been commenced by
or against the old body corporate may be commenced by or against
the restructured body corporate.
(2) The alteration, under this Act, of the name and constitution of the
old body corporate does not render defective any investigation
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
47
Part 8 Transitional
Section 86
being undertaken by the Commonwealth Ombudsman under the
Ombudsman Act 1976 into any action taken by the old body
corporate, and any investigation that might have been commenced
into any action taken by the old body corporate may be
commenced as if the action had been taken by the restructured
body corporate.
86 Judicial notice
All courts, judges and persons acting judicially must take judicial
notice of the imprint of the seal of the old body corporate
appearing on a document that was executed before the
restructuring day and must presume that the document was duly
sealed.
87 Application of money
Despite section 58 of this Act, the money of the restructured body
corporate may be applied:
(a) in payment or discharge of any expenses, charges,
obligations or liabilities that were incurred or undertaken
before the restructuring day by the old body corporate in
connection with the performance of its functions or the
exercise of its powers and were not paid or discharged before
that day; and
(b) in payment of any remuneration or allowances the liability
for which arose under Part IIIA of the Broadcasting Act 1942
but which had not been paid before the restructuring day.
88 First estimates
Unless the Minister otherwise directs, the first period for which
estimates are to be prepared under section 66 of this Act is to be
the period commencing on 1 July 1992 and ending on 30 June
1993.
89 Bank accounts to be treated as if opened under this Act
Any bank account maintained by the old body corporate
immediately before the restructuring day under section 79ZC of the
Broadcasting Act 1942 is to be treated, on and after that day, as if it
had been opened by the restructured body corporate under
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
48
Transitional Part 8
Section 90
section 63J of the Audit Act 1901 as that section applies to the
restructured body corporate because of section 69.
90 Audit
Section 63L of the Audit Act 1901 as that section applies to the
restructured body corporate because of section 69 of this Act
extends to accounts and records of financial transactions of the old
body corporate that took place before the restructuring day as if
they were accounts and records of financial transactions of the
restructured body corporate.
91 Annual report and financial statements
(1) If the old body corporate had not, before the restructuring day,
furnished a report and financial statement in relation to its
operations during the year that ended on 30 June last preceding that
day, the Board of the restructured body corporate must prepare a
report and financial statement in relation to those operations in
accordance with section 79ZH of the Broadcasting Act 1942 and,
despite the repeal of that section effected by this Act, that section
continues in force for the purpose of the preparation of that report
and financial statement as if the body required to prepare and
furnish the report and financial statement under that section were
the restructured body corporate.
(2) If the restructuring day is a day other than 1 July, the report and
financial statement in relation to the operations of the restructured
body corporate during the year ending on 30 June next following
the restructuring day that is required to be prepared by section 63M
of the Audit Act 1901 as that section applies to the restructured
body corporate because of section 69 of this Act must include
details in relation to the operations of the old body corporate
during the part of that year that preceded the restructuring day.
(3) A report of the restructured body corporate that relates to
operations of the old body corporate must include any matters that
would have been required to have been included in a report relating
to those operations prepared in accordance with section 79ZH of
the Broadcasting Act 1942 if this Act had not been enacted.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
49
Part 8 Transitional
Section 92
92 Transfer of appropriations
(1) Where an Appropriation Act has appropriated, or appropriates,
money to the old body corporate, the Appropriation Act is taken to
have appropriated, or to appropriate, the money to the restructured
body corporate.
(2) Subsection (1) does not apply to money that has been spent by the
old body corporate before the restructuring day.
(3) In this section:
Appropriation Act means an Act appropriating money for the
financial year ending on 30 June 1992, and includes an Act making
interim provision for such an appropriation.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
50
Endnotes
Endnote 1—Legislation history
Endnotes
Endnote 1—Legislation history
This endnote sets out details of the legislation history of the Special
Broadcasting Service Act 1991.
Act Number
and year
Assent
date
Commencement
date
Application,
saving and
transitional
provisions
Special Broadcasting
Service Act 1991
180, 1991 25 Nov
1991
s. 54: 24 Mar 1994 (see
Gazette 1994,
No. GN10)
Remainder: 23 Dec 1991
Broadcasting Services
(Transitional Provisions
and Consequential
Amendments) Act 1992
105, 1992 9 July 1992 5 Oct 1992 (see s. 2 and
Gazette 1992, No.
GN38)
—
Sales Tax Amendment
(Transitional) Act 1992
118, 1992 30 Sept
1992
28 Oct 1992 —
Radiocommunications
(Transitional Provisions
and Consequential
Amendments) Act 1992
167, 1992 11 Dec
1992
1 July 1993 —
Transport and
Communications
Legislation Amendment
Act (No. 3) 1992
216, 1992 24 Dec
1992
Part 9 (ss. 33–35): Royal
Assent (a)
—
Communications and the
Arts Legislation
Amendment Act (No. 1)
1995
32, 1995 12 Apr
1995
s. 3 (item 122): Royal
Assent (b)
—
Telecommunications
(Transitional Provisions
and Consequential
Amendments) Act 1997
59, 1997 3 May 1997 Schedule 1 (items 49,
50): 1 July 1997 (c)
—
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
51
Endnotes
Endnote 1—Legislation history
Act Number
and year
Assent
date
Commencement
date
Application,
saving and
transitional
provisions
Audit (Transitional and
Miscellaneous)
Amendment Act 1997
152, 1997 24 Oct
1997
Schedule 2 (items 1207–
1218): 1 Jan 1998 (see
Gazette 1997, No.
GN49) (d)
—
National Transmission
Network Sale
131, 1998 21 Dec
1998
21 Dec 1998 s. 4
(Consequential
Amendments) Act 1998
Public Employment
(Consequential and
Transitional)
Amendment Act 1999
146, 1999 11 Nov
1999
Schedule 1 (items 826,
827): 5 Dec 1999 (see
Gazette 1999, No. S584)
(e)
—
Corporate Law
Economic Reform
Program Act 1999
156, 1999 24 Nov
1999
Schedule 10 (items 119–
121): 13 Mar 2000 (see
Gazette 2000, No. S114)
(f)
—
Broadcasting Legislation
Amendment Act 2001
23, 2001 6 Apr 2001 6 Apr 2001 —
Statute Law Revision
Act 2002
63, 2002 3 July 2002 Schedule 1 (item 29): (g) —
Financial Framework
Legislation Amendment
Act 2005
8, 2005 22 Feb
2005
Schedule 2 (items 162–
168, 174): Royal Assent
Sch. 2 (item 174)
Australian
Communications and
Media Authority
(Consequential and
Transitional Provisions)
Act 2005
45, 2005 1 Apr 2005 Schedule 1 (items 124–
126) and Schedule 4:
1 July 2005 (h)
Schedule 2: (h)
Sch. 4
Tax Laws Amendment
(Repeal of Inoperative
Provisions) Act 2006
101, 2006 14 Sept
2006
Schedule 5 (item 138)
and Schedule 6 (items 5–
11): Royal Assent
Sch. 6 (items 5–
11)
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
52
2013
Endnotes
Endnote 1—Legislation history
Act Number Assent Commencement Application,
and year date date saving and
transitional
provisions
Commonwealth 20, 2008 26 May Schedule 2 (item 8): —
Authorities and 2008 1 July 2008
Companies Amendment
Act 2008
Acts Interpretation 46, 2011 27 June Schedule 2 (items 1060– Sch. 3 (items 10,
Amendment Act 2011 2011 1066) and Schedule 3 11)
(items 10, 11): 27 Dec
2011
National Broadcasting 112, 2012 24 July Schedule 1 (items 18– Sch. 1 (item 30)
Legislation Amendment 2012 30): 24 Nov 2012 (see
Act 2012 F2012L02226)
Statute Law Revision 136, 2012 22 Sept Schedule 1 (item 119) Sch. 6 (item 72)
Act 2012 2012 and Schedule 6
(items 70–72): Royal
Assent
Broadcasting Legislation 29, 2013 30 Mar Schedule 1 (items 15–17, Sch. 1 (item 17)
Amendment 2013 36–49): 31 Mar 2013
(Convergence Review
and Other Measures) Act
(a) The Special Broadcasting Service Act 1991 was amended by Part 9
(sections 33–35) only of the Transport and Communications Legislation
Amendment Act (No. 3) 1992, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(b) The Special Broadcasting Service Act 1991 was amended by section 3
(item 122) only of the Communications and the Arts Legislation Amendment
(No. 1) Act 1995, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(c) The Special Broadcasting Service Act 1991 was amended by Schedule 1
(items 49 and 50) only of the Telecommunications (Transitional Provisions
and Consequential Amendments) Act 1997, subsection 2(2)(d) of which
provides as follows:
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
53
Endnotes
Endnote 1—Legislation history
(2) The following provisions commence on 1 July 1997:
(d) Schedule 1;
(d) The Special Broadcasting Service Act 1991 was amended by Schedule 2
(items 1207–1218) only of the Audit (Transitional and Miscellaneous)
Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial
Management and Accountability Act 1997.
(e) The Special Broadcasting Service Act 1991 was amended by Schedule 1
(items 826 and 827) only of the Public Employment (Consequential and
Transitional) Amendment Act 1999, subsections 2(1) and (2) of which
provide as follows:
(1) In this Act, commencing time means the time when the Public Service
Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(f) The Special Broadcasting Service Act 1991 was amended by Schedule 10
(items 119–121) only of the Corporate Law Economic Reform Program Act
1999, subsection 2(2)(c) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by
Proclamation:
(c) the items in Schedules 10, 11 and 12.
(g) The Special Broadcasting Service Act 1991 was amended by Schedule 1
(item 29) only of the Statue Law Revision Act 2002, subsection 2(1) (item 23)
of which provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences,
or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
23. Schedule 1, Immediately after subsection 53(2) of the Special 23 December 1991
item 29 Broadcasting Service Act 1991 commenced
(h) Subsection 2(1) (items 2, 3 and 10) of the Australian Communications and
Media Authority (Consequential and Transitional Provisions) Act 2005
provide as follows:
(1) Each provision of this Act specified in column 1 of the table commences,
or is taken to have commenced, in accordance with column 2 of the table.
Any other statement in column 2 has effect according to its terms.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
54
Endnotes
Endnote 1—Legislation history
Provision(s) Commencement Date/Details
2. Schedule 1 At the same time as section 6 of the Australian
Communications and Media Authority Act 2005
commences.
1 July 2005
3. Schedule 2 Immediately after the commencement of the
provision(s) covered by table item 2.
1 July 2005
10. Schedule 4 At the same time as section 6 of the Australian
Communications and Media Authority Act 2005
commences.
1 July 2005
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
55
Endnotes
Endnote 2—Amendment history
Endnote 2—Amendment history
This endnote sets out the amendment history of the Special Broadcasting
Service Act 1991.
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
exp. = expired or ceased to have effect
Provision affected How affected
Part 1
s. 3 ................................................am. No. 167, 1992; No. 131, 1998; No. 23, 2001; Nos. 8 and 45, 2005;
No. 112, 2012; No. 29, 2013
s. 3A ..............................................ad. No. 29, 2013
Part 2
Note to s. 5(1) ...............................ad. No. 152, 1997
s. 6 ................................................am. No. 105, 1992; No. 29, 2013
s. 6A ..............................................ad. No. 23, 2001
s. 8 .................................................am. No. 112, 2012
s. 10 ..............................................am. No. 105, 1992; No. 23, 2001; No. 45, 2005
s. 11 ...............................................am. No. 29, 2013
s. 12 ...............................................am. No. 29, 2013
Heading to s. 13.............................rs. No. 152, 1997
s. 13 ...............................................am. No. 152, 1997; No. 20, 2008
Part 3
Division 1
s. 17 ...............................................am. No. 112, 2012; No. 29, 2013
s. 18 ...............................................am. No. 112, 2012
Heading to s. 21.............................am. No. 112, 2012
s. 21 ...............................................am. No. 112, 2012
s. 24 ...............................................am. No. 46, 2011
Notes to s. 24(1)–(3) .....................ad. No. 46, 2011
s. 27 ...............................................am. No. 152, 1997; No. 156, 1999
Division 2
s. 33 ...............................................am. No. 46, 2011
Note to s. 33(1) .............................ad. No. 46, 2011
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
56
Endnotes
Endnote 2—Amendment history
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
exp. = expired or ceased to have effect
Provision affected How affected
s. 34 ...............................................am. No. 146, 1999
s. 37 ...............................................am. No. 152, 1997; No. 156, 1999
Division 3
s. 40 ...............................................am. No. 152, 1997; No. 156, 1999
Part 3A
Part 3A ..........................................ad. No. 112, 2012
s. 43 ...............................................rep. No. 152, 1997
ad. No. 112, 2012
s. 43A ............................................ad. No. 112, 2012
s. 43B ............................................ad. No. 112, 2012
s. 43C ............................................ad. No. 112, 2012
Part 4
s. 44 ..............................................am. No. 131, 1998
Heading to s. 45.............................rs. No. 29, 2013
s. 45 ..............................................am. Nos. 105 and 216, 1992; No. 29, 2013
s. 45A ............................................ad. No. 29, 2013
s. 52 ...............................................am. No. 152, 1997
Note to s. 52(2) .............................ad. No. 152, 1997
Part 5
s. 53 ..............................................am. No. 63, 2002
Part 6
s. 56 ..............................................am. No. 8, 2005
Heading to s. 58.............................am. No. 152, 1997
s. 58 ...............................................am. No. 152, 1997
ss. 59–61 .......................................am. No. 8, 2005
s. 64 ..............................................rs. No. 8, 2005
s. 66 ...............................................rep. No. 152, 1997
s. 67 ..............................................rep. No. 32, 1995
s. 68 ..............................................am. No. 118, 1992; No. 101. 2006
s. 69 ...............................................rep. No. 152, 1997
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
57
Endnotes
Endnote 2—Amendment history
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
exp. = expired or ceased to have effect
Provision affected How affected
Part 7
s. 70 ..............................................am. No. 105, 1992
Heading to s. 70AA ......................am. No. 45, 2005
s. 70AA ........................................ad. No. 131, 1998
am. No. 45, 2005
s. 70A ...........................................ad. No. 105, 1992
am. No. 45, 2005; No. 136, 2012
s. 70B ...........................................ad. No. 105, 1992
s. 70C ...........................................ad. No. 216, 1992
s. 71 ..............................................rep. No. 131, 1998
s. 72 ..............................................am. No. 59, 1997
rep. No. 131, 1998
s. 73 ...............................................am. No. 152, 1997; No. 131, 1998; No. 29, 2013
Part 8
s. 81 ...............................................am. No. 146, 1999
Part 9 .............................................rep. No. 136, 2012
s. 93 ...............................................rep. No. 136, 2012
s. 94 ...............................................rep. No. 136, 2012
s. 95 ...............................................rep. No. 136, 2012
s. 96 ...............................................rep. No. 136, 2012
s. 97 ...............................................rep. No. 136, 2012
s. 98 ...............................................rep. No. 136, 2012
s. 99 ...............................................rep. No. 136, 2012
s. 100 .............................................rep. No. 136, 2012
s. 101 .............................................rep. No. 136, 2012
s. 102 .............................................rep. No. 136, 2012
s. 103 .............................................rep. No. 136, 2012
s. 104 .............................................rep. No. 136, 2012
s. 105 .............................................rep. No. 136, 2012
s. 106 .............................................rep. No. 136, 2012
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
58
Endnotes
Endnote 2—Amendment history
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
exp. = expired or ceased to have effect
Provision affected How affected
s. 107 .............................................rep. No. 136, 2012
s. 108 .............................................rep. No. 136, 2012
s. 109 .............................................rep. No. 136, 2012
s. 110 .............................................rep. No. 136, 2012
s. 111 .............................................rep. No. 136, 2012
s. 112 .............................................rep. No. 136, 2012
s. 113 .............................................rep. No. 136, 2012
s. 114 .............................................rep. No. 136, 2012
s. 115 .............................................rep. No. 136, 2012
Part 10 ...........................................rep. No. 136, 2012
s. 116 .............................................rep. No. 136, 2012
Schedule ........................................rep. No. 136, 2012
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
59
Endnotes
Endnote 3—Uncommenced amendments [none]
Endnote 3—Uncommenced amendments [none]
There are no uncommenced amendments.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
60
Endnotes
Endnote 4—Misdescribed amendments [none]
Endnote 4—Misdescribed amendments [none]
There are no misdescribed amendments.
Special Broadcasting Service Act 1991
ComLaw Authoritative Act C2013C00211
61