- BROADCASTING AND TELEVISION AMENDMENT ACT 1981 No. 113, 1981
- TABLE OF PROVISIONS
- SECT. 1.Short title.
- SECT. 2.Commencement
- SECT. 3.Interpretation
- SECT. 4.Evidence
- SECT. 5.
- SECT. 6.Notice of decision
- SECT. 7.Publication of journals, &c., and making, &c., of sound recordings, &c.
- SECT. 8.Limitation on contracts
- SECT. 9.Interpretation
- SECT. 10.Grant and renewal
- SECT. 11.Applications
- SECT. 12.
- SECT. 13.Consideration of applications by Tribunal
- SECT. 14.Imposition of conditions
- SECT. 15.Variation of conditions
- SECT. 16.Renewal
- SECT. 17.
- SECT. 18.Suspension and revocation
- SECT. 19.Transfers
- SECT. 20.Service of documents
- SECT. 21.Tracing of shareholding interests through a series of companies
- SECT. 22.Limitation of interests in commercial broadcasting stations
- SECT. 23.Meaning of control of a company
- SECT. 24.Directors
- SECT. 25.
- SECT. 26.Changes in ownership of shares, &c.
- SECT. 27.
- SECT. 28.
- SECT. 29.Tracing of shareholding interests through a series of companies
- SECT. 30.
- SECT. 31.Limitation of interests in commercial television stations
- SECT. 32.Meaning of control of a company
- SECT. 33.Directors
- SECT. 34.
- SECT. 35.Changes in ownership of shares, &c.
- SECT. 36.
- SECT. 37.
- SECT. 38.
- SECT. 39.Items of national interest
- SECT. 40.Commercial broadcasting translator station licences
- SECT. 41.
- SECT. 42.Secrecy
- SECT. 43.Review of decisions
- SECT. 44.Prosecution of offences
- SECT. 46.Minor and consequential amendments
- SECT. 47.Formal amendments
- SECT. 48.Application of amendments
- SECT. 49.Amendment of Broadcasting and Television Amendment Act 1977
- SECT. 50.Amendment of Copyright Act 1968
- SECT. 51.Transitional provision-non-resident shareholdings
- SECT. 52.Transitional provision-supplementary licences
- SCHEDULE 1
- SCHEDULE 2
BROADCASTING AND TELEVISION AMENDMENT ACT 1981 No. 113, 1981
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 – TABLE OF PROVISIONS
Broadcasting and Television Amendment Act 1981
No. 113 of 1981
TABLE OF PROVISIONS Section recordings, &c. Division 3A-Provisions relating to Enforcement
92L. Interpretation 92M. Directions to protect licensee 92N. Directions for divestiture 92P. Powers of Federal Court of Australia 92Q. Defences 92R. Prosecutions 92S. Penalties 92T. Joinder of charges and penalties for certain offences 92U. Continuing obligations Division 5C-Supplementary Licences
105M. Interpretation
105N. Application of Division
105P. Application of Act
105Q. Use of facilities of commercial stations by supplementary
licensees
105R. Programs of supplementary stations
105S. Limitation on number of supplementary licences related to a
commercial licence SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS
SCHEDULE 2
FORMAL AMENDMENTS
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 1. Short title.
Broadcasting and Television Amendment Act 1981
No. 113 of 1981
-- An Act to amend the Broadcasting and Television Act 1942, and for related purposes
(Assented to 24 June 1981)
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title, &c.
1. (1) This Act may be cited as the Broadcasting and Television Amendment Act 1981.
(2) The Broadcasting and Television Act 1942*1* is in this Act referred to as the Principal Act.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 2. Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 30 shall come into operation on such date as is fixed by Proclamation.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 3. Interpretation
3. Section 4 of the Principal Act is amended- translator station'' in sub-section (1) ''or supplementary broadcasting stations'';
(c) by inserting after the definition of ''Service'' in sub-section (1) the following definitions:
'' 'supplementary licence' means a licence granted in pursuance of an application under sub-section 82A (1), including such a licence as renewed or further renewed;
'supplementary broadcasting station' means a broadcasting station operated by virtue of a supplementary licence;''; and
(d) by adding at the end thereof the following sub-section:
''(3) A reference in this Act to the contravention of a condition includes a reference to a failure to comply with the condition.''.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 4. Evidence
4. Section 21 of the Principal Act is amended by omitting from sub-section
(5) all the words after ''Tribunal''.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 5.
5. After section 22A of the Principal Act the following sections are inserted: Reference of questions of law to Federal Court of Australia
''22B. (1) The Tribunal may refer to the Federal Court of Australia for decision a question of law in a matter arising under this Act in or in connection with proceedings before the Tribunal at an inquiry.
''(2) A question may be so referred by the Tribunal of its own motion or at the request of a person having an interest in the proceedings.
''(3) The Federal Court of Australia has jurisdiction to hear and determine a question referred to it under this section, and that jurisdiction shall be exercised by that Court constituted as a Full Court.
''(4) Where a question concerning a matter arising in or in connection with any proceedings has been referred to the Federal Court of Australia under this section, the Tribunal shall not, in those proceedings- Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 6. Notice of decision ''60. (1) For the purpose of the exercise of its powers and the performance of its functions under this Act, the Commission may, in such manner as it thinks fit- ''(2) The Commission may, if it thinks fit, from time to time determine charges payable in respect of any matter or activity referred to in sub-section (1), with a view to raising as much net revenue as is practicable, having regard to the proper performance of its functions and to the matter or activity concerned.
''(3) A program schedule referred to in paragraph (1) (a) shall be made available at an office of the Commission on equal terms to the publishers of any newspaper, magazine or journal published in Australia prior to the publication of the program schedule in pursuance of sub-section (1).
''(4) In this section-
'cinematograph film' and 'sound recording' have the same respective meanings as in the Copyright Act 1968;
'mark' includes a symbol, design, colour, device, brand, heading, label, sign, ticket, name, signature, word, letter, numeral, drawing or picture, or any combination of the foregoing.''.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 8. Limitation on contracts
8. Section 70B of the Principal Act is amended by adding at the end thereof the following sub-section:
''(2) Sub-section (1) does not apply to the receipt by the Commission of an amount for the sale of broadcasting or television programs.''.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 9. Interpretation
9. Section 80 of the Principal Act is amended- '' 'commercial licence' means a licence referred to in paragraph (a) or
''(k) a supplementary licence; '' 'metropolitan broadcasting area' has the same meaning as in Division 5A of Part IV;
'person' includes a consortium;''; and
(e) by inserting after sub-section (2) the following sub-sections:
''(2A) Where a licence is granted in pursuance of an application lodged in accordance with sub-section 82A (1), that licence and- shall be deemed, for the purposes of this Act, to be related to each other and to continue to be so related, notwithstanding the renewal of either or both of those licences.
''(2B) For the purposes of this Act- shall be deemed to be associated if the translator station operated by virtue of the commercial translator licence is required by a condition of the licence to receive and re-transmit, without alteration, the programs of the station operated by virtue of the commercial licence or supplementary licence, as the case requires.
''(2C) A reference in this Part to a consortium shall be read as a reference to an association of companies.''.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 10. Grant and renewal
10. Section 81 of the Principal Act is amended- ''(6) Where a supplementary licence or an associated commercial translator licence is granted to the members of a consortium Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 11. Applications
11. Section 82 of the Principal Act is amended by adding at the end thereof the following sub-section:
''(6) This section does not apply to a licence in respect of the grant of which an application may be lodged under sub-section 82A (1) or is lodged under sub-section 82A (6).''.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 12.
12. After section 82 of the Principal Act the following section is inserted: Applications for supplementary licences and associated commercial translator licences
''82A. (1) Subject to sub-section (2), the holder of a licence for a commercial broadcasting station or a consortium each member of which is the holder of such a licence may lodge with the Minister, in accordance with a form approved by the Minister, an application for the grant of a licence for a broadcasting station, being a station whose programs are to be transmitted solely by way of frequency modulation, for the purpose of serving an area the specification of which is to be determined by the Minister in accordance with sub-section (10).
''(2) An application shall not be lodged under sub-section (1) by- ''(4) The Minister shall dismiss an application lodged under sub-section (1) by a consortium if, in the opinion of the Minister, the whole or a substantial part of the area served in pursuance of the commercial licence referred to in that sub-section held by a member of the consortium is not coextensive with the whole or a substantial part of the area served in pursuance of the commercial licence so referred to held by the other member, or each of the other members, as the case requires.
''(5) The Minister shall, as soon as practicable but in any case within 21 days, inform an applicant, by notice in writing, of his decision under sub-section (3) or (4) and- than 21 days after the date of service of the notice), an application or applications, in accordance with a form approved by the Minister, for the grant of such number of commercial translator licences as is specified in the statement.
''(7) A statement referred to in sub-section (6) shall set out, in relation to the licence, or each of the licences, as the case may be, to which the statement relates- ''(8) The Minister shall cause a copy of a notice containing a statement referred to in sub-section (6) to be given to the Tribunal.
''(9) The Minister shall not, in pursuance of sub-paragraph (3) (a) (i) or paragraph (7) (a), specify as the area to be served in pursuance of a supplementary licence, or in pursuance of a commercial translator licence associated with such a licence, an area of which the whole or a substantial part is coextensive with, or is within, a metropolitan broadcasting area that is not in Tasmania.
''(10) Subject to sub-section (9), the Minister shall- ''(11) Where the Minister refers an application for the grant of a supplementary licence to the Tribunal under sub-section (3), the Tribunal shall- ''(12) The Tribunal shall, within the period of 21 days after the date specified under paragraph (11) (f), serve on the person who lodged an application in accordance with sub-section (1) copies of all submissions lodged by virtue of that paragraph.
''(13) A person on whom a copy of a submission is served under sub-section Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 13. Consideration of applications by Tribunal
13. Section 83 of the Principal Act is amended-
(a) by omitting from sub-section (1) ''(4) of section 82'' and substituting
''82 (4) or 82A (13), as the case requires,''; ''(2) Where- there is only one applicant: (iii) a licence to which section 130A applies,
no submissions (other than submissions that, in the opinion of the Tribunal, are frivolous, vexatious or not made in good faith) have been lodged by virtue of sub-paragraph 82 (1) (b) (ii) objecting to the grant of the licence or to the grant of the licence to the applicant; or
(b) in respect of the grant of a supplementary licence, or a commercial translator licence for which an application has been lodged under sub-section 82A (6), no submissions (other than submissions that, in the opinion of the Tribunal, are frivolous, vexatious or not made in good faith) have been lodged by virtue of paragraph 82A (11) (f) objecting to the grant of the licence,
the Tribunal shall, as soon as practicable after the expiration of the period first referred to in sub-section 82 (4) or 82A (13), as the case requires, hold an inquiry into the grant of the licence or, if it thinks fit, consider the application without holding an inquiry.
''(2A) Where an applicant for a supplementary licence has lodged an application or applications under sub-section 82A (6) for the grant of a commercial translator licence or commercial translator licences, the Tribunal may, if it thinks fit, hold a joint inquiry into the grant of the supplementary licence and that commercial translator licence or any one or more of those commercial translator licences.''; ''(5) An applicant for a licence shall, at the inquiry into the grant of the licence or, if the Tribunal, in accordance with sub-section (2), considers the application without holding an inquiry, before the consideration by the Tribunal, give an undertaking in writing to the Tribunal that he will, if the licence is granted to him- the need to avoid undue concentration of influence, whether direct or indirect, on the person and on the company or companies holding the other licence or licences;
(iii) where, in the opinion of the Tribunal, in the area to be served in pursuance of the licence, satisfactory reception is being obtained of programs from one or more broadcasting or television stations-the need for the commercial viability of that station or those stations; (iii) a condition specified in section 90G or 92D would be contravened.
''(7) For the purposes of paragraph (6) (f), the Tribunal may disregard a contravention of section 90C or 92 by a person if it is satisfied that- ''(8) Where the Tribunal makes a determination in accordance with paragraph (6) (e), it shall, by notice in writing, inform the Minister of the determination and the reasons for the determination.
''(9) Where there are 2 or more applicants for a licence, each of whom is a person to whom, but for this sub-section, the Tribunal would be required to grant the licence, the Tribunal shall grant the licence to the most suitable applicant.''.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 14. Imposition of conditions
14. Section 84 of the Principal Act is amended by omitting from sub-section (1) all the words after ''substantially consistent with'' and substituting ''the matters set out in a notice under paragraph 82 (1) (a) or 82A (3) (a) or in a statement referred to in sub-section 82A (6), as the case may be, and notify the Tribunal accordingly''.
Broadcasting and Television Amendment Act 1981 No. 113 of 1981 - SECT. 15. Variation of conditions