- ARRANGEMENT OF SECTIONS
- PART I. – PRELIMINARY
- PART II.– THE NATIONAL BROADCASTING CORPORATION
- PART III. – THE NATIONAL BROADCASTING BOARD
- PART IV. – THE CHAIRMAN AND THE DEPUTY CHAIRMAN
- PART V.– THE SERVICE OF THE CORPORATION
- PART VA.– HOME OWNERSHIP SCHEME
- PART VI. – FINANCE, ETC
- PART VII. – MISCELLANEOUS
- PART VIII.– SAVINGS AND TRANSITIONAL
- SCHEDULE 1 – OATH AND AFFIRMATION OF OFFICE
Broadcasting Corporation Act 1973
Chapter 149.
Broadcasting Corporation Act 1973 .
Certified on: / /20 .
INDEPENDENT STATE OF PAPUA NEW GUINEA.
Chapter 149.
Broadcasting Corporation Act 1973 .
ARRANGEMENT OF SECTIONS.
1. Interpretation. 2. Application to the State. 3. Establishment of the Commission. 4. National Broadcasting Board. 5. Advisory committees. 6. Functions of the Corporation. 7. The Corporation and Government policy. 8. Setting of standards. 9. Commercial or sponsored broadcasting. 10. Evaluation of results. 11. General powers of the Corporation. 12. Constitution of the Board. 13. Vacation of office of members of the Board. 14. Meetings of the Board. 15. Delegation. 16. Appointment, etc., of Chairman and Deputy Chairman. 17. Vacation of office of Chairman and Deputy Chairman. [18. Repealed] 19. Oath and affirmation of office. 20. Functions of the Chairman. 21. Functions of the Deputy Chairman. 21A. Service of the Corporation. 21B. Managing Director and Deputy Managing Director. 22. Appointment of officers. 23. Regulations for the Service of the Corporation. 24. Temporary and casual employees. 25. Supply of accommodation. 26. Use of officers, etc., of other authorities. 26A. Sale of special categories of houses. 26B. Home Ownership Scheme. 26C. Loans for housing purposes. 26D. Home ownership account. 26E. Report on Home Ownership Scheme. 27. Application of Public Finances (Management) Act 1995 . 28. Attorney. 29. Execution of contracts. 30. Validity of acts and transactions of the Corporation. 31. Regulations. 32. Transfer of assets, etc., to the Corporation. 33. Saving of contracts, etc. 34. Board members, etc. 35. Actions, etc., not to abate. 36. Application of Acts, etc.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Broadcasting Corporation Act 1973, [1]
Being an Act to provide for a National Broadcasting Corporation and for related purposes.
[2] PART I. – PRELIMINARY.
1. INTERPRETATION.
In this Act, unless the contrary intention appears–
“the Board” means the National Broadcasting Board established by Section 4; “broadcasting” includes sound transmissions, television transmissions and other transmissions; “the Chairman” means the Chairman of the Board, and includes the Deputy Chairman acting in his place; “the Commission” means the National Broadcasting Commission established by Section 3; [3] “the Corporation” means the National Broadcasting Corporation (formerly the Commission) established by Section 3; “the Deputy Chairman” means the Deputy Chairman of the Board; [4] “Deputy Managing Director” means the Deputy Managing Director appointed under Section 21B; [5] “Managing Director” means the Managing Director appointed under Section 21B; “member of the Board” includes the Chairman; “the regulations” means any regulations made under this Act; “this Act” includes the regulations.
2. APPLICATION TO THE STATE.
(1) This Act binds the State.
(2) This Act does not affect the operation of the Radio Spectrum Act 1996 .
PART II. [6] – THE NATIONAL BROADCASTING CORPORATION.
3. ESTABLISHMENT OF THE COMMISSION.
(1) A National Broadcasting Commission is hereby established.
(2) [7] [8] The Corporation–
(a) is a corporation, with perpetual succession; and (b) has a seal; and (c) may acquire, hold and dispose of property; and (d) may sue and be sued in its corporate name.
(3) [9] [10] All courts, Judges and persons acting judicially shall take judicial notice of the seal of the Corporation affixed to a document and shall presume that it was duly affixed.
(4) [11] [12] With effect on and from the date of coming into operation of the Broadcasting Commission (Change of Name and Corporate Structure) Act 1995, the name of the National Broadcasting Commission shall be changed to the National Broadcasting Corporation.
4. NATIONAL BROADCASTING BOARD.
(1) A National Broadcasting Board, constituted in accordance with Part III, is hereby established.
(2) [13] [14] The Board is responsible for the affairs of the Corporation.
5. ADVISORY COMMITTEES.
(1) [15] [16] The Corporation may establish an advisory committee for any area or subject.
(2) [17] [18] The membership and procedures of each advisory committee are as determined by the Corporation.
(3) [19] [20] The function of an advisory committee is to advise the Corporation on any matter concerning the broadcasting services and other business of the Corporation in so far as they or it relate or relates to the area or subject for which the committee was established.
6. FUNCTIONS OF THE CORPORATION.
[21] (1) [22] [23] Subject to this Act, it is the duty of the Corporation to provide balanced, objective and impartial broadcasting services within and, if so directed by the Head of State, acting on advice, outside the country, and in so doing to take, in the interests of the community, all such measures as, in the opinion of the Corporation, are conducive to the full development of suitable broadcasting programmes.
(2) [24] [25] In particular, the Corporation shall–
(a) ensure that the services that it provides, when considered as a whole, reflect the drive for national unity and at the same time give adequate expression to the culture, characteristics, affairs, opinions and needs of the people of the various parts of the country and in particular of rural areas; and (b) do all in its power to preserve and stimulate pride in the indigenous and traditional cultural heritage of Papua New Guinea; and (c) take extreme care in broadcasting material that could inflame racial or sectional feelings; and (d) co-operate with the Government in broadcasting social, political and economic extension, and educational programmes.
(3) [26] [27] At the request of the Minister, the Corporation may make recommendations to the Minister concerning the granting of licences for broadcasting services under the Radio Spectrum Act 1996 and the conditions of those licences.
7. THE CORPORATION AND GOVERNMENT POLICY.
[28] (1) [29] [30] From time to time the Government shall advise the Corporation of its policies and priorities.
(2) [31] [32] Subject to this Act, the Corporation shall broadcast from all stations under its control, or from such of them as the Minister specifies, any matter the broadcasting of which is directed by the Minister in writing as being in the national interest.
(3) Subject to this Act, the Minister may, from time to time, by telegram or in writing–
(a) [33] prohibit the Corporation from broadcasting any matter, or matter of any class or character, specified in the notice; or (b) [34] request the Corporation to refrain from broadcasting any such matter.
(4) [35] [36] The Corporation shall include in its annual report all cases in which the powers conferred by Subsections (2) and (3) have been exercised, and all such cases shall be laid before the Parliament at the first meeting after receipt of the report by the Minister.
8. SETTING OF STANDARDS.
(1) [37] [38] The Corporation may, by direction in writing, lay down standards of taste, impartiality and accuracy for the programmes broadcast by the Corporation from any source.
(2) [39] [40] All officers and employees of the Corporation shall ensure that any standards laid down under Subsection (1) are observed.
9. COMMERCIAL OR SPONSORED BROADCASTING.
[41] The Corporation may, if it thinks proper, introduce commercial broadcasting, but must at all times retain full control over, and is at all times fully responsible for, its programmes.
10. EVALUATION OF RESULTS.
(1) [42] [43] From time to time, and in particular when directed by the Minister, the Corporation shall employ an independent consultant to evaluate the impact and effectiveness of the Corporation’s broadcasting programmes, and in particular the degree to which they assist in attaining the objects of the Corporation.
(2) [44] [45] As soon as practicable after receipt of a report from the consultant, the Corporation shall give a copy to the Minister.
11. GENERAL POWERS OF THE CORPORATION.
[46] The Corporation has power to carry on all such activities as appear to it to be necessary or convenient for it to carry on for or in connection with the performance of its functions, and in particular it may–
(a) subject to obtaining a licence under the Radio Spectrum Act 1996 erect, maintain and operate transmitting and receiving stations; and (b) install and operate wired radio distribution services; and (c) enter into arrangements with the State or any public body for the purpose of obtaining licences, rights, privileges and concessions; and (d) produce, manufacture, purchase or otherwise acquire films, gramophone or other records and materials and apparatus for use in connection with films and records, and use them in connection with the broadcasting service; and (e) provide to and receive from other persons matter to be broadcast; and (f) organize, provide and subsidize public entertainment for the purpose of broadcasting; and (g) collect news and information in any part of the world and in any manner that the Corporation thinks fit, and establish or subscribe to news services; and (h) acquire copyrights; and (i) publish printed matter that may be conducive to the performance of any of the functions of the Corporation; and (j) do anything for the purpose of advancing–
(i) the skill of persons employed by the Corporation; or (ii) the efficiency of the equipment of the Corporation; or (iii) the manner in which that equipment is operated, including the provision by the Corporation, or assistance in the provision by others, of facilities for training and research; and
(k) [47] purchase land, and purchase or construct buildings, for use in carrying on the operations of the Corporation, and dispose of land or buildings owned by the Corporation.
PART III. – THE NATIONAL BROADCASTING BOARD.
12. CONSTITUTION OF THE BOARD.
(1) [48] [49] The National Broadcasting Board shall consist of–
(a) the Managing Director, ex officio; and (b) five members, appointed by the Head of State, acting on advice, by notice in the National Gazette; and (c) the Departmental Head of the Department responsible for finance matters or his nominee.
(2) A member appointed under Subsection (1)(b)–
(a) shall be appointed for a period of three years, and is eligible for re-appointment; and (b) holds office subject to good behaviour.
13. VACATION OF OFFICE OF MEMBERS OF THE BOARD.
Where a member of the Board appointed under Section 12(1)(b)–
(a) becomes permanently incapable of performing his duties; or (b) resigns his office by writing under his hand addressed to the Minister; or (c) is absent, except on leave granted by the Minister, from all meetings of the Board held during two consecutive months or during any three months in any period of 12 months,
the Minister shall terminate his appointment.
14. MEETINGS OF THE BOARD.
[50] (1) The Board shall meet at such time and places as the Board determines or the Chairman directs, but so that the period between any two consecutive meetings does not exceed 12 months.
(2) At a meeting of the Board–
(a) four members, of whom the Chairman is one, are a quorum; and (b) the Chairman shall preside; and (c) all questions arising shall be decided by a majority of the votes of the members present and voting; and (d) the Chairman has a deliberative and, in the event of an equality of votes on a matter, also a casting vote.
(3) The Board shall cause minutes of its meetings to be kept, and forward copies of its minutes to the Minister.
(4) Subject to this Act, the procedures of the Board are as determined by the Board.