BROADCASTING AND TELEVISION.

No. 33 of 1956.

An Act to amend the Broadcasting Act 1942–1954, and for other purposes.

[Assented to 20th June, 1956.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Broadcasting and Television Act 1956.

(2.) The Broadcasting Act 1942–1954 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Broadcasting and Television Act 1942–1956.

Commencement.

2. The several sections of this Act shall come into operation on such dates as are respectively fixed by Proclamation.

Repeal of Television Act and Commercial Broadcasting Stations Licence Fees Act.

3. The following Acts are repealed:—

Television Act 1953;

Commercial Broadcasting Stations Licence Fees Act 1942.

Saving of certain licences.

4. A licence granted under Part III. of the Principal Act or under the Television Act 1953 and in force at the commencement of this section shall continue in force as if granted under Part IV. of the Principal Act as amended by this Act and the Principal Act as so amended applies to and in relation to such a licence as if it had been so granted.

Title.

5. The title of the Principal Act is amended by inserting after the word “Broadcasting” the words “and Television”.

6. Section four of the Principal Act is repealed and the following section inserted in its stead:—

Interpretation.

“4.—(1.) In this Act, unless the contrary intention appears—

‘Australia’ includes the Territories of the Commonwealth;

‘authorized officer’, in relation to any provision of this Act. means an officer authorized by the Minister or by the Board for the purposes of that provision;

‘broadcast receiver’ means an appliance capable of being used for the reception, by means of wireless telegraphy, of broadcasting programmes;

‘broadcasting station’ means a station for the transmission by means of wireless telegraphy of broadcasting programmes, that is to say, matter intended for aural reception by the general public, and includes the studio, transmitting station and technical equipment used for the purposes of those programmes;

‘commercial broadcasting station’ means a broadcasting station other than a national broadcasting station;

‘commercial television station’ means a television station other than a national television station;

‘Commissioner’ means a member of the Commission;

‘licence’ means a licence for a commercial broadcasting station or for a commercial television station;

‘licensee’ means the holder of a licence;

‘member’ means a member of the Board;

‘national broadcasting station’ means a broadcasting station used by the Commission for the transmission of its broadcasting programmes;

‘national television station’ means a television station used by the Commission for the transmission of its television programmes;

‘technical equipment’ includes circuits and other means of transmission from point to point;

‘television receiver’ means an appliance capable of being used for the reception, by means of wireless telegraphy, of television programmes;

‘television station’ means a station for the transmission by means of wireless telegraphy of television programmes, that is to say, images and associated sound intended for reception by the general public, and includes the studio, transmitting station and technical equipment used for the purposes of those programmes;

‘the Board’ means the Australian Broadcasting Control Board constituted under this Act;

‘the Commission’ means the Australian Broadcasting Commission constituted under this Act;

‘wireless telegraphy’ means the emitting or receiving, over a path which is not provided by a material substance constructed or arranged for that purpose, of electromagnetic energy.

“(2.) For the purposes of this Act, the Commission or the holder of a licence for a commercial television station shall be deemed to televise matter if it or he transmits that matter, or causes or permits that matter to be transmitted, by means of wireless telegraphy, from a television station in such a manner as to be capable of reception by a television receiver in the form of images or sound or in the form of images and associated sound.”.

Constitution of Board.

7. Section six b of the Principal Act is amended by omitting from paragraph (a) of sub-section (3.) the words “broadcasting, television or facsimile” and inserting in their stead the words “broadcasting or television”.

Powers and functions of Board.

8. Section six k of the Principal Act is amended by omitting sub-sections (1.), (2.), (3.) and (4.) and inserting in their stead the following sub-sections:—

“(1.) The functions of the Board are—

(a) to ensure the provision of services by broadcasting stations and television stations in accordance with plans from time to time prepared by the Board and approved by the Minister;

(b) to ensure that the technical equipment and operation of such stations are in accordance with such standards and practices as the Board considers to be appropriate; and

(c) to ensure that adequate and comprehensive programmes are provided by commercial broadcasting stations and commercial television stations to serve the best interests of the general public,

and shall include such other functions in relation to broadcasting stations and television stations as are prescribed.

“(2.) The Board may make recommendations to the Minister as to the exercise by the Minister of any power under Part III. of this Act.

“(3.) The Board shall have power—

(a) subject to any direction of the Minister, to determine the situation and operating power of a broadcasting station or television station;

(b) subject to any direction of the Minister, to determine the frequency of a broadcasting station and the frequencies of a television station, within bands of frequencies notified to the Board by the Postmaster-General as being available;

(c) to determine the hours during which programmes may be broadcast or televised;

(d) to determine the conditions subject to which advertisements may be broadcast or televised by licensees;

(e) subject to any direction of the Minister, to regulate the establishment and operation of networks of commercial broadcasting stations or of commercial television stations and the making of arrangements by licensees for the provision of programmes or the broadcasting or televising of advertisements; and

(f) to conduct examinations as to the competency of persons to operate the technical equipment of broadcasting stations and television stations and to charge fees in respect of those examinations.

“(4.) In exercising its functions and powers under this section in relation to commercial broadcasting stations and commercial television stations, the Board shall consult representatives of those stations.”.

9. After Division 2 of Part Ia. of the Principal Act the following Division is inserted:—

“Division 2a.—Inquiries by the Board.

Board may hold inquiries.

“6la. Before making a recommendation under this Act to the Minister as to any matter, or before taking action under this Act in relation to any matter, the Board may if it thinks fit, and shall if this Act so provides or the Minister so directs, hold an inquiry in accordance with this Division into that matter.

Board may take evidence on oath.

“6lb.—(1.) At an inquiry under this Division the Board may take evidence on oath and, except as provided by the next succeeding sub-section, the evidence shall be taken in public.

“(2.) Where—

(a) a person objects to the giving of any evidence before the Board in public on the ground that the evidence is of a confidential nature; or

(b) the Board is satisfied that the taking of any evidence in public would be prejudicial to the interests of any person,

the Board may direct that the evidence be taken in private and no person who is not expressly authorized by the Board to be present shall be present during the taking of that evidence.

Notice of time and place fixed for inquiries.

“6lc. The Board shall fix a time and place for the hearing of an inquiry under this Division and shall cause notice of the time and place so fixed to be given to such persons, and to be published in such newspapers and by such other means, as the Board thinks fit.

Power to examine upon oath.

“6ld.—(1.) A member may administer an oath to a person appearing as a witness before the Board at an inquiry under this Division and that member or any other member may examine a witness upon oath.

“(2.) Where a witness to be examined before the Board conscientiously objects to take an oath, he may make an affirmation that he so objects and that the evidence he will give will be the truth, the whole truth and nothing but the truth.

“(3.) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

Representation before Board.

“6le. In proceedings before the Board at an inquiry under this Division, a person who is directly concerned in the proceedings, and, with the approval of the Board, any other person having an interest in the proceedings, may be represented by a barrister, solicitor or agent, who may examine witnesses and address the Board on behalf of that person.

Protection of members of the Board.

“6lf.—(1.) A member has, in the exercise of his functions as a member at an inquiry under this Division, the same protection and immunity as a Justice of the High Court.

“(2.) A barrister or solicitor appearing before the Board at an inquiry under this Division, and every other person authorized by the Board to appear before it, has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

“(3.) A witness appearing before the Board at an inquiry under this Division has the same protection and is subject to the same liabilities in any civil or criminal proceeding as a witness in proceedings in the High Court.

Proceedings for defamation not to lie.

“6lg. No action or proceeding, civil or criminal, lies—

(a) against the Commonwealth, against the Minister, against the Board, against a member, or against a servant or agent of the Commonwealth or the Board, in respect of the printing or publishing of a transcript of proceedings of the Board at an inquiry under this Division; or

(b) in respect of the publication in a newspaper, or by means of broadcasting or television, of a fair and accurate report of proceedings before the Board at an inquiry under this Division, not being a publication of any evidence taken in private by the Board.

Board not bound by rules of evidence.

“6lh.—(1.) The Board shall, without regard to legal forms and solemnities, make a thorough investigation into all matters relevant to an inquiry under this Division.

“(2.) The Board is not bound by legal rules of evidence and may inform itself on any matter in such manner as it thinks fit.”.

Finance.

10. Section six m of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) The Board shall not expend any moneys otherwise than in accordance with estimates of expenditure approved by the Treasurer.”.

Annual Report of Board.

11. Section six p of the Principal Act is amended by omitting the word “accounts” (wherever occurring) and inserting in its stead the word “statements”.

12. Section six q of the Principal Act is repealed and the following section inserted in its stead:—

Advisory committees.

“6q. The Board may, with the approval of the Minister, appoint such advisory committees as it thinks fit.”.

Heading to Part II.

13. The heading to Part II. of the Principal Act is repealed and the following heading inserted in its stead:—

“Part II.—The National Broadcasting Service and the National Television Service.”.

Composition of Commission.

14.—(1.) Section eight of the Principal Act is amended by omitting sub-section (2a.).

(2.) A member of the Australian Broadcasting Commission who, at the commencement of this section, is an officer of the Department of the Treasury or of the Postmaster-General’s Department shall cease to hold office.

(3.) The first appointment of a person as a member of the Australian Broadcasting Commission to fill one of the vacancies caused by the operation of this section shall be for a period not exceeding one year and the first appointment of a person as such a member to fill the other vacancy so caused shall be for a period not exceeding two years.

Term of office of Commissioners.

15. Section nine of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “(other than the Departmental Commissioners)”; and

(b) by omitting sub-section (2.).

16. Section ten of the Principal Act is repealed and the following section inserted in its stead:—

Remuneration of Commissioners.

“10. The Commissioners shall be paid remuneration and allowances at such rates as the Governor-General determines.”.

Illness or absence of Chairman.

17. Section eleven of the Principal Act is amended by omitting sub-section (3.).

Illness or absence of Commissioners.

18. Section twelve of the Principal Act is amended by omitting sub-section (2.).

Leave of absence.

19. Section thirteen of the Principal Act is amended by omitting the word “Governor-General” (wherever occurring) and inserting in its stead the word “Minister”.

Vacation of office.

20. Section fifteen of the Principal Act is amended by omitting from paragraph (e) the word “Governor-General” and inserting in its stead the word “Minister”.

Certain provisions not to apply to Departmental Commissioners.

21. Section fifteen a of the Principal Act is repealed.

22. After section sixteen of the Principal Act the following section is inserted in Division 1 of Part II.:—

Delegation.

“16aa.—(1.) The Commission may, by writing under its seal, but subject to the approval of the Minister, delegate to a Commissioner or to the general manager of the Commission all or any of the powers of the Commission under this Act (except this power of delegation) and a power so delegated may be exercised by the delegate according.

“(2.) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Commission.”.

Appointment of officers.

23. Section seventeen of the Principal Act is amended by omitting from sub-section (9.) the words “One thousand five hundred” and inserting in their stead the words “Two thousand five hundred”.

Functions of Commission.

24. Section eighteen of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Subject to this Act, the Commission shall provide, and shall broadcast or televise from transmitting stations made available by the Postmaster-General, adequate and comprehensive programmes and shall take in the interests of the community all such measures as, in the opinion of the Commission, are conducive to the full development of suitable broadcasting and television programmes.”; and

(b) by inserting in paragraph (a) of sub-section (2.), after the word “broadcast”, the words “or televised”.

Publication of journals, &c.

25. Section nineteen of the Principal Act is amended by omitting the words “and other broadcasting stations” and inserting in their stead the words “, of national television stations and of other broadcasting and television stations”.

Power to purchase and dispose of assets.

26. Section twenty of the Principal Act is amended by omitting from paragraph (a) of sub-section (2.) the word “Five” (wherever occurring) and inserting in its stead the word “Twenty”.

Agreements to receive approval in certain cases.

27. Section twenty-one of the Principal Act is amended by omitting the word “Five” (first occurring) and inserting in its stead the word “Twenty”.

28. Section twenty-three of the Principal Act is repealed and the following section inserted in its stead:—

Authorized transmissions.

“23. Subject to this Act, the Commission shall broadcast or televise free of charge from all the national broadcasting stations or national television stations, or from such of them as the Minister specifies, any matter the broadcasting or televising of which is directed by the Minister in writing as being in the national interest.”.

Advertisements.

29. Section twenty-four of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “broadcast” the words “or televise”; and

(b) by inserting in sub-section (2.), after the word “broadcasting” (wherever occurring), the words “or televising”.

Bands and orchestras.

30. Section twenty-six of the Principal Act is amended by inserting after the word “broadcasting” the words “or television”.

Compensation.

31. Section thirty-three of the Principal Act is amended by omitting the words “One hundred” and inserting in their stead the words “Two hundred and fifty”.

32. Section thirty-six of the Principal Act is repealed and the following sections are inserted in its stead:—

Postmaster-General to provide transmitting stations, &c., for broadcasting programmes.

“36.—(1.) The Postmaster-General shall, except in so far as he otherwise determines, provide and operate, for the purposes of the broadcasting programmes of the Commission—

(a) transmitting stations;

(b) technical equipment to connect a studio of the Commission to the local transmitting station;

(c) technical equipment at the studios of the Commission;

(d) technical equipment for the reception of transmissions from other countries;

(e) technical equipment at programme pick-up points; and

(f) all other technical equipment required for the purposes of those programmes.

“(2). Except in so far as the Postmaster-General otherwise determines—

(a) the stations and technical equipment referred to in paragraphs (a), (b) and (c) of the last preceding sub-section shall be provided and operated without charge to the Commission;

(b) the technical equipment referred to in paragraph (d) of that sub-section shall be provided without charge to the Commission; and

(c) the technical equipment referred to in paragraph (e) of that sub-section, in so far as it comprises portable equipment required for pick-up purposes, but not including equipment to connect a programme pick-up point to a studio, shall be provided, but not installed, without charge to the Commission.

Postmaster-General to provide transmitting stations, &c., for television programmes.

“36a.—(1.) The Postmaster-General shall, except in so far as he otherwise determines, provide and operate, for the purposes of the television programmes of the Commission—

(a) transmitting stations; and

(b) technical equipment to connect a studio of the Commission to the local transmitting station,

and the Commission shall, subject to the next succeeding sub-section, provide and operate, or arrange with the Postmaster-General for the provision and operation of, all other technical equipment required for the purposes of those programmes.

“(2.) In such cases as the Postmaster-General determines, the provision and operation of technical equipment by the Commission under the last preceding sub-section shall be subject to the approval of the Postmaster-General.

“(3.) Except in so far as the Postmaster-General otherwise determines, the stations and technical equipment referred to in paragraphs (a) and (b) of sub-section (1.) of this section shall be provided and operated without charge to the Commission.”.

Lines for conveyance of electric current to stations.

33. Section thirty-seven of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) For the purpose of providing and operating the stations referred to in this Division, the Postmaster-General, or a person acting under the authority of the Postmaster-General, may—

(a) erect, place and maintain any electric line which, in the opinion of the Postmaster-General, is necessary for conveying electric current to, or for the operation of, any such station; and

(b) arrange for and obtain from any person the supply of any electric current which, in the opinion of the Postmaster-General, is necessary or advisable for the operation of any such station.

“(1a.) In respect of the erection, placing and maintenance of an electric line referred to in paragraph (a) of the last preceding sub-section, the Postmaster-General and any person acting under his authority have the same powers, and are subject to the same obligations, as are conferred or imposed under Part IV. of the Post and Telegraph Act 1901–1950 in relation to the erection, placing and maintenance of telegraph lines.”.

Technical services.

34. Sections thirty-eight and thirty-nine of the Principal Act are repealed.

35. Section forty-one of the Principal Act is repealed and the following section inserted in its stead:—

Minister may require Commission to refrain from broadcasting or televising any matter.

“41. Subject to this Act, the Minister may, from time to time, by telegram or in writing, prohibit the Commission from broadcasting or televising any matter, or matter of any class or character, specified in the notice, or may require the Commission to refrain from broadcasting or televising any such matter.”.

36. Section forty-two of the Principal Act is repealed and the following section inserted in its stead:—

Report and financial statements.

“42.—(1.) The Commission shall, as soon as possible, but not later than six months, after the expiration of each financial year, prepare a financial statement in accordance with a form approved by the Treasurer, and shall forward it, together with a report on the operations of the Commission during that year, to the Minister, for presentation to both Houses of the Parliament.

“(2.) Before forwarding the financial statement to the Minister, the Commission shall submit it to the Auditor-General for the Commonwealth for report as to its correctness or otherwise.

“(3.) The Commission shall include in the report particulars of—

(a) each transmission arranged at the written direction of the Minister in pursuance of section twenty-three of this Act;

(b) each case in which the Minister has exercised the powers conferred on him by the last preceding section; and

(c) any case in which the Minister has, otherwise than in pursuance of the provisions of this Act, issued directions concerning the broadcasting or televising by the Commission of any matter or prohibited the broadcasting or televising by the Commission of any matter.”.

Heading to Part III.

37. The heading to Part III. of the Principal Act is repealed and the following heading inserted in its stead:—

“Part III.—The Commercial Broadcasting Service and the Commercial Television Service.”.

38. Division 1 of Part III. of the Principal Act is repealed and the following Division inserted in its stead:—

“Division 1.—Licences.

Interpretation.

“44. A reference in this Part to the renewal of a licence in respect of a commercial broadcasting station or a commercial television

station shall be read as a reference to the grant of a licence in respect of that station to commence on the day after the date of expiration of the first-mentioned licence or on the day after the expiration of the licence granted upon a previous renewal of the first-mentioned licence.

Grant of licences.

“45.—(1.) The Minister may, subject to this Act, grant to a person a licence for a commercial broadcasting station or for a commercial television station upon such conditions, and in accordance with such form, as the Minister determines.

“(2.) The establishment, erection, maintenance and use of a commercial broadcasting station or a commercial television station in pursuance of a licence under this section shall be deemed not to be in contravention of the Wireless Telegraphy Act 1905–1950 or of the regulations under that Act.

Applications for licences.

“46.—(1.) Before granting a licence under the last preceding section, the Minister shall, by notice published in the Gazette, invite applications for the grant of the licence.

“(2.) An application for the grant of a licence shall be in accordance with a form supplied by the Minister and shall be made in such manner, and within such time, as the Minister specifies in the notice.

Reference of applications to the Board.

“47.—(1.) The Minister shall refer applications made in pursuance of the last preceding section to the Board for its recommendation as to the grant of the licence.

“(2.) Before making a recommendation, the Board shall hold an inquiry in accordance with this Act into the applications.

Duration of licences.

“48. Subject to this Act, a licence continues in force—

(a) in the case of a licence granted otherwise than by way of the renewal of a licence—for a period of five years commencing on a date specified in the licence; and

(b) in the case of a licence granted by way of the renewal of a licence—for a period of one year commencing on the day after the date of expiration of the last previous licence in respect of the station.

Renewal of licence.

“49.—(1.) An application for the first renewal of a licence shall be made not less than six months before the expiration of the licence.

“(2.) An application for the renewal of a licence, other than the first renewal, shall be made not less than three months before the expiration of the licence granted upon the last previous renewal.

“(3.) When an application for the renewal of a licence is duly made, the Minister shall—

(a) refer the application to the Board; and

(b) if he thinks that there may be grounds for refusing the application, direct the Board to hold an inquiry into the application in accordance with this Act, specifying those grounds in the direction.

“(4.) Where an application is referred to the Board under this section, the Board shall—

(a) if the Minister has not directed that an inquiry into the application be held and the Board is satisfied that the

application should be granted—make a recommendation to the Minister that the application be granted; or

(b) if the Minister has given such a direction or the Board is not so satisfied—

(i) hold an inquiry into the application in accordance with this Act; and

(ii) make a report on the inquiry, with a recommendation on the application, to the Minister.

“(5.) Where an inquiry is to be held under this section into an application—

(a) the Board shall inform the applicant of any grounds for refusal of the application that have been specified in the direction of the Minister and of any grounds for refusing the application that the Board thinks may exist; and

(b) the inquiry shall not extend to any other grounds for refusing the application.

“(6.) The Minister shall not refuse an application under this section—

(a) unless he has received a report from the Board upon an inquiry into the application; or

(b) otherwise than on a specified ground, being a ground to which the inquiry extended.

Revocation and suspension of licences.

“50.—(1.) The Minister may, by notice in writing to the licensee, suspend or revoke a licence where he is satisfied that one of the following grounds exists, namely:—

(a) that the licensee has failed to pay an amount payable by him under the Broadcasting and Television Stations Licence Fees Act 1956;

(b) that the licensee has failed to comply with a provision of this Act or of the regulations in so far as that provision is applicable to the licence;

(c) that a condition of the licence has not been complied with; or

(d) that it is advisable in the public interest, for a specified reason, to do so.

“(2.) The Minister shall not suspend a licence on any ground unless—

(a) he has first given not less than three days’ notice to the licensee of his intention to suspend the licence upon that ground; and

(b) he has taken into consideration any action taken by the licensee to remove that ground or to prevent the recurrence of similar grounds.

“(3.) The suspension of a licence may be expressed to be for a specified period, but the period shall not be more than one month.

“(4.) A suspension of a licence that is not expressed to be for a specified period ceases to have effect at the end of a period of one month after the day on which the suspension commences unless the

Minister has, before the expiration of that period, given notice to the licensee of his intention to consider the revocation of the licence, and, where such a notice is given, the suspension continues, unless sooner revoked by the Minister, until the Minister has decided whether the licence is to be revoked.

“(5.) A person is not entitled to compensation from the Commonwealth by reason of the suspension or revocation of a licence.

“(6.) During the period of suspension of a licence, the licence has no force or effect, but the period of currency of the licence continues to run.

Procedure for revocation.

“51.—(1.) The Minister shall not revoke a licence upon any ground (other than the ground specified in paragraph (a) of sub-section (1.) of the last preceding section) unless he has first received a report from the Board, upon an inquiry by the Board under this section, in relation to that ground.

“(2.) Where it appears to the Board, or the Minister notifies the Board that it appears to him, that the Minister should consider revoking a licence upon a particular ground, the Board shall—

(a) hold an inquiry in accordance with this Act into the question whether facts exist by reason of which the licence is liable to revocation on that ground; and

(b) make a report on the inquiry, with a recommendation as to whether the licence should be revoked, to the Minister.

Transfer of licences.

“52.—(1.) A licensee may, with the consent in writing of the Minister, but without that consent shall not, transfer the licence or admit another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence.

“(2.) Where, with the consent in writing of the Minister, a licensee transfers his licence to another person, that person shall be deemed to become the licensee to the exclusion of the former licensee.

“(3.) Where, with the consent in writing of the Minister, a licensee admits another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence, the application of the provisions of this Part relating to licensees extends to that person as if he were the licensee, and, subject to the next succeeding sub-section, any reference in this Part to a licensee shall be read as including a reference to that person.

“(4.) The performance by the licensee or the other person referred to in the last preceding sub-section of an obligation imposed upon the licensee by the licence or by this Act shall, to the extent of that performance, be deemed to release both the licensee and that person from the obligation.

Commencement of service

“52a. A licensee shall commence a broadcasting service or television service in accordance with the terms and conditions of the licence on such date as the Minister determines and notifies to the licensee.”.

Limitation of ownership of commercial broadcasting stations.

39. Section fifty-three of the Principal Act is amended by inserting after sub-section (1.) the following sub-section:—

“(2.) Where a licence for a commercial broadcasting station is held by a company having a share capital, the licence is subject to the condition that substantial changes in the beneficial ownership of the shares in the company, or in the memorandum or articles of association of the company, will not take place without the approval of the Minister.”.

40. Divisions 3 and 4 of Part III. of the Principal Act are repealed and the following Divisions inserted in their stead:—

“Division 2a.—Limitation on Ownership or Control of Commercial Television Stations.

Limitation on ownership of commercial television stations.

“53a. A person shall not own, or be in a position to exercise control, either directly or indirectly, of, more than—

(a) one commercial television station within the Australian Capital Territory or within a radius of thirty miles from the General Post Office in the capital city of a State; or

(b) two commercial television stations in Australia.

Conditions as to shareholding where licence held by company.

“53b. Where a licence for a commercial television station is held by a company having a share capital, the licence is subject to the following conditions:—

(a) at all times during the currency of the licence—

(i) shares representing not less than eighty per centum of the issued capital of the licensee will be beneficially owned by persons each of whom is either a resident of Australia (other than a company) or a company controlled by persons (other than companies) who are residents of Australia; and

(ii) shares representing more than fifteen per centum of the issued capital of the licensee will not be beneficially owned by a person (other than a company) who is not a resident of Australia or by a company controlled, directly or indirectly, by persons who are not residents of Australia;

(b) the Chairman of Directors of the licensee or another director approved by the Minister, and the person holding or acting in the office of manager of the licensee or the office of secretary of the licensee, will make and lodge with the Board, within fourteen days after the end of the first period of six months of the currency of the licence, and within fourteen days after the end of each succeeding

period of six months of the currency of the licence, a statutory declaration stating whether, to the best of his knowledge and belief, the last preceding paragraph has been complied with at all times during that period of six months, and stating what steps he has taken to ascertain whether that condition has been so complied with; and

(c) substantial changes in the beneficial ownership of the shares in the company, or in the memorandum or articles of association of the company, will not take place without the approval of the Minister.

“Division 3.—Technical Conditions.

Technical equipment and operation.

“54. The technical equipment of a commercial broadcasting station or a commercial television station—

(a) shall be designed, installed and maintained to the satisfaction of the Board and shall not be altered without the consent of the Board; and

(b) shall be operated in such manner as the Board approves and only by such persons as, in the opinion of the Board, are competent to operate the equipment.

Situation.

“55. A commercial broadcasting station or a commercial television station shall be situated at such place as the Board, subject to any direction of the Minister, determines.

Operating power.

“56. The operating power of a commercial broadcasting station or a commercial television station shall be such as the Board, subject to any direction of the Minister, determines.

Operating frequency.

“57.—(1.) The frequency of a commercial broadcasting station shall be such as the Board, subject to any direction of the Minister, determines and shall be maintained to a constancy to the satisfaction of the Board.

“(2.) The frequencies of a commercial television station shall be such as the Board, subject to any direction of the Minister, determines and each frequency shall be maintained to a constancy to the satisfaction of the Board.

Hours of service.

“58. A licensee shall not broadcast or televise programmes except during such hours as the Board determines.

Inspection.

“59. A commercial broadcasting station or a commercial television station shall, at all reasonable times, be open to inspection by an authorized officer and the licensee shall afford such an officer every facility for the inspection.

“Division 4.—Programmes.

Programmes.

“60.—(1.) A licensee shall provide programmes and shall supervise the broadcasting or televising of programmes from his station in such manner as to ensure, as far as practicable, that the programmes are in accordance with standards determined by the Board.

“(2.) If the programmes broadcast from a commercial broadcasting station or televised from a commercial television station are not, in whole or in part, in accordance with the standards determined by the Board, the licensee shall, if so directed by the Board, vary the programmes so that they shall conform with those standards.

“(3.) The Minister may, from time to time, by notice given by telegram or in writing, prohibit a licensee from broadcasting or televising any matter, or matter of any class or character, specified in the notice, or may require the licensee to refrain from broadcasting or televising any such matter.

“(4.) A licensee shall, upon request by the Board, make available to the Board or an authorized officer any writing, record, film or other material or device used in connexion with or for the purposes of a programme.

Advertisements.

“61.—(1.) Subject to this Act, a licensee may broadcast or televise advertisements.

“(2.) A licensee intending to broadcast or televise advertisements shall publish particulars of his advertising charges.

“(3.) A licensee shall not, without reasonable cause, discriminate against any person applying for the use of his advertising service.

“(4.) A licensee shall comply with such standards as the Board determines in relation to the broadcasting or televising of advertisements.

“(5.) A licensee shall not broadcast or televise advertisements on a Sunday except in such manner and in accordance with such conditions as the Board determines.

“(6.) A licensee shall not broadcast or televise an advertisement relating to a medicine unless the text of the proposed advertisement has been approved by the Director-General of Health or, on appeal to the Minister under this section, by the Minister.

“(7.) The Director-General of Health may delegate to a medical officer of a State his power under this section to approve the text of an advertisement.

“(8.) Any such delegation is revocable in writing at will and does not prevent the exercise of a power by the Director-General of Health.

“(9.) A person may appeal to the Minister from any decision of the Director-General of Health or of a delegate of the Director-General of Health under this section.

Censorship.

“62. Where the Board has reason to believe that any matter (including an advertisement) which it is proposed to broadcast or televise is of an objectionable nature, that matter shall be subject to such censorship as the Board determines.

Transmission of news and copyright works.

“63. A licensee shall not—

(a) broadcast or televise any work or part of a work in which copyright subsists except with the consent of the owner of the copyright; or

(b) broadcast or televise news or information of any kind published in a newspaper or obtained, collected, collated or coordinated by a newspaper, association of newspapers, news agency or news service, except in accordance with

the terms of an agreement between the licensee and the newspaper, association of newspapers, news agency or news service.

Broadcasting or televising of religious matter.

“64. A licensee shall broadcast or televise from his station Divine Worship or other matter of a religious nature during such periods as the Board determines and, if the Board so directs, shall do so without charge.

Items of national interest.

“65. The Minister may, by notice in writing, require a licensee to broadcast or televise from his station, without charge, such items of national interest as the Minister specifies, but the Minister shall not require the broadcasting or televising of matter for a period in excess of thirty minutes in any period of twenty-four consecutive hours.

Particulars of programmes to be made available.

“66. A licensee shall, before the publication of any particulars of any programme to be broadcast or televised from his station, make a copy of those particulars available at the office of the station on equal terms to the publishers (including the Commission) of any newspaper, magazine or journal published in Australia.”.

41. Section sixty-seven of the Principal Act is repealed and the following section inserted in its stead:—

Licensee to keep accounts, records, &c.

“67.—(1.) A licensee shall, in respect of each commercial broadcasting station or commercial television station of which he is licensee—

(a) compile and maintain, in a recognized business or commercial form, financial accounts in respect of the operations of that station;

(b) make those accounts available for inspection by the Board or an authorized officer as required;

(c) furnish to the Board, within six months after the thirtieth day of June in each year—

(i) an audited balance-sheet and profit and loss account, in a form approved by the Board, for the year ending on that thirtieth day of June; and

(ii) a statutory declaration stating the gross earnings in the operation of the station during that year in respect of the broadcasting or televising of advertisements or other matter; and

(d) keep such records relating to the station as the Board from time to time directs and supply copies thereof to the Board as required.

“(2.) A licensee may, with the leave of the Board, adopt an accounting period, being the twelve months ending on some day other than the thirtieth day of June, and thereupon the provisions of paragraph (c) of the last preceding sub-section apply in relation to that licensee as if the references in that paragraph to the thirtieth day of June were references to that other day.

“(3.) Where the licensee is a company, the declaration shall be made by the manager or secretary of the company.

“(4.) A licensee shall, upon request by the Board—

(a) make available for inspection by the Board or an authorized officer such books and documents concerning the broadcasting or television activities of the licensee as the Board specifies; and

(b) furnish to the Board such particulars with respect to the broadcasting or television activities of the licensee as the Board specifies.”.

Indemnification of Minister against claim for royalty, &c.

42. Section sixty-eight of the Principal Act is amended by omitting the words “The licensee of a commercial broadcasting station” and inserting in their stead the words “A licensee”.

43. Section sixty-nine of the Principal Act is repealed and the following sections are inserted in its stead:—

Variation of conditions of licences.

“69.—(1.) The Minister may, during the currency of a licence, by notice in writing to the licensee, vary or revoke any of the conditions upon which the licence is granted (not being conditions applicable by virtue of section one hundred and two of this Act) or impose further conditions.

“(2.) The Minister shall give not less than fourteen days’ notice in writing of his intention to vary or revoke a condition or to impose a further condition under the last preceding sub-section, and shall specify in the notice the variation proposed or the condition to be revoked or imposed.

Minister to consider recommendations of Board.

“69a. Before exercising any power under this Part, the Minister shall take into consideration any recommendations that have been made by the Board as to the exercise of that power.”.

Lights on masts.

44. Section seventy of the Principal Act is amended by omitting the words “The licensee of any commercial broadcasting station” and inserting in their stead the words “A licensee”.

Notices.

45. Section seventy-one of the Principal Act is amended by omitting the words “the licensee of a commercial broadcasting station” and inserting in their stead the words “a licensee”.

Parliamentary Standing Committee on Broadcasting.

46. Part IV. of the Principal Act is repealed.

Transmission of certain messages.

47. Section eighty-six of the Principal Act is amended by omitting the words “of a commercial broadcasting station”.

48. After section eighty-six of the Principal Act the following section is inserted:—

Commission to make certain programmes available to commercial television stations.

“87.—(1.) The Commission shall make available to a commercial television station at a locality at which there is not a national television station such programmes of the Commission as are specified by the Minister and the licensee of the commercial television station shall televise the programme so specified.

“(2.) The programme shall be televised in accordance with such conditions as are agreed upon between the Commission and the licensee or, in the event of disagreement as to those conditions, as the Board determines.

“(3.) The licensee of the commercial television station shall pay to the Commission, in respect of the programme made available by the Commission, such amount (if any) as is agreed between the licensee and the Commission, or, in default of agreement, as the Board determines.”.

49. Sections eighty-eight to ninety-three (inclusive) of the Principal Act are repealed and the following sections inserted in their stead:—

Encouragement of Australian artists.

“88.—(1.) The Commission and licensees shall, as far as possible, use the services of Australians in the production and presentation of broadcasting and television programmes.

“(2.) Not less than five per centum of the time occupied by the programmes of the Commission, and not less than five per centum of the time occupied by the programmes of a commercial broadcasting station, in the broadcasting of music shall be devoted to the broadcasting of works of composers who are Australians.

“(3.) In this section, ‘Australian’ means a person who was born or is ordinarily resident in Australia.

Televising of sporting events and entertainments.

“88a. The Commission or the holder of a licence for a commercial television station shall not televise, either directly, or by means of any recording, film or other material or device or otherwise, the whole or a part of a sporting event or other entertainment held in Australia, after the commencement of this section, in a place to which a charge is made for admission, if the images of the sporting event or other entertainment originate from the use of equipment outside that place.

Broadcasting or televising of political matter or controversial matter

“89.—(1.) Subject only to this section, the Commission may determine to what extent and in what manner political matter or controversial matter will be broadcast or televised by the Commission.

“(2.) The Commission or a licensee shall not broadcast or televise a dramatization of any political matter which is then current or was current at any time during the last five preceding years.

“(3.) If, during an election period, a licensee broadcasts or televises election matter, he shall afford reasonable opportunities for the broadcasting or televising of election matter to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period.

“(4.) The Commission or a licensee shall not, at any time between the end of an election period and the close of the poll on the day on which the election is held, broadcast or televise election matter.

“(5.) Nothing in this section requires a licensee to broadcast or televise any matter free of charge.

“(6.) In this section—

‘election’ means an election of a member or members of either House of the Parliament of the Commonwealth or of a State;

‘election matter’ means matter of any of the following kinds, namely:—

(a) matter commenting on, or soliciting votes for, a candidate at an election;

(b) matter commenting on, or advocating support of, a political party to which a candidate at an election belongs;

(c) matter commenting on, stating or indicating any of the issues being submitted to the electors at an election or any part of the policy of a candidate at an election or of the political party to which such a candidate belongs; and

(d) matter referring to meetings held or to be held in connexion with an election;

‘election period’ means the period commencing on the day of the issue of the writ or writs for an election and ending at midnight on the Wednesday next preceding the day of the poll.

Names of speakers to be announced.

“90.—(1.) The Commission or the licensee concerned, as the case may be, shall cause to be announced the true name of every speaker who, either in person or by means of a sound recording device, delivers an address or makes a statement relating to a political subject or current affairs for broadcasting or televising.

“(2.) If the speaker is not the author of the address or statement, the name of the author shall be included in the announcement.

“(3.) If the address is delivered or the statement is made on behalf of a political party, the name of the party shall be included in the announcement.

“(4.) The announcement shall be made after the address or statement if it contains one hundred words or less or before and after the address or statement if it contains more than one hundred words.

“(5.) The Commission or the licensee, as the case may be, shall keep a record of the name, address and occupation of the author of each such address or statement and shall furnish to the Board any particulars of the record which the Board by notice in writing requires.

Broadcasting or televising of objectionable items.

“91.—(1.) The Commission or a licensee shall not broadcast or televise matter which is blasphemous, indecent or obscene.

“(2.) A person shall not render for broadcasting or televising an item, or pass or select for broadcasting or televising an item, which contains matter which is blasphemous, indecent or obscene.

“(3.) An offence against this section shall not be prosecuted without the written consent of the Minister.

Restrictions on participation in broadcasts or television.

“92.—(1.) Where—

(a) a person is convicted of an offence against the last preceding section; or

(b) the Board has reason to believe that a person—

(i) has rendered for broadcasting or televising an item; or

(ii) has passed or selected for broadcasting or televising an item (being an item broadcast or televised from a broadcasting station or a television station, as the case may be),

which has caused or may have caused offence to a section of the public,

the Board may call upon that person to show cause why an order should not be made prohibiting him from rendering an item, or from passing or selecting an item, for broadcasting or televising, or placing restrictions on his rendering items, or passing or selecting items, for broadcasting or televising.

“(2.) If the person fails within the period specified by the Board to show cause to the satisfaction of the Board, the Board may, by order—

(a) direct the person to refrain, during such period as is specified in the order, from rendering an item, or passing or selecting an item, for broadcasting or televising; or

(b) direct that the person may render items, or pass or select items, for broadcasting or televising subject to such conditions as are specified in the order and not otherwise.

“(3.) A person to whom an order made under this section applies shall not do any act or thing in contravention of the order.

Publication of text of item transmitted by broadcasting or television.

“93. A person shall not, without the consent of the owner or licensee of the station and the approval of the Board, publish any matter transmitted by a broadcasting station or a television station, whether situated in Australia or elsewhere, unless knowledge of the matter proposed to be published was acquired by the person proposing to publish it otherwise than by reception of the transmission of that broadcasting station or television station.”.

Medical talks.

50. Section ninety-four of the Principal Act is amended by inserting in sub-section (1.), after the word “broadcast”, the words “or televise”.

Items not to be in code.

51. Section ninety-five of the Principal Act is amended by inserting in sub-section (1.), after the word “broadcast”, the words “or televised”.

52. After section ninety-five of the Principal Act the following section is inserted:—

Defamatory broadcast or televised statements.

“95a. For the purposes of the law of defamation, the transmission of words or other matter by a broadcasting station or a television station shall be deemed to be publication in permanent form.”.

53. After section ninety-six of the Principal Act the following section is inserted:—

Television viewers’ licences.

“96a.—(1.) A television viewer’s licence in accordance with a form determined by the Postmaster-General may be granted, on behalf of the Postmaster-General, at such Post Offices as the Postmaster-General determines, on payment of the prescribed fee.

“(2.) A television viewer’s licence shall be granted for a period of twelve months (which may, in such cases as are prescribed, be a period commencing before the date on which the licence is granted), but may be renewed for successive periods of twelve months.

“(3.) A television viewer’s licence is subject to such conditions as are prescribed.

“(4.) The address specified in a television viewer’s licence may be altered, or shall be deemed to be altered, as prescribed.

“(5.) During the currency of a television viewer’s licence, the licence applies to every television receiver which is—

(a) in the possession of the holder of the licence, or of a member of his family, at the address specified in the licence;

(b) in the possession of that holder, or of a member of his family, being a receiver which is ordinarily kept at that address; or

(c) installed in a vehicle which is ordinarily in the possession of that holder, or of a member of his family, and is ordinarily kept at that address while not in use.

“(6.) Except as prescribed, a person shall not use, maintain or have in his possession a television receiver unless there is in force a television viewer’s licence which applies to that receiver.

“(7.) The erection, maintenance or use of a television receiver, being a receiver to which a television viewer’s licence in force under this Act applies, shall be deemed not to be in contravention of the Wireless Telegraphy Act 1905–1950 or of the regulations under that Act.

“(8.) The occupier of any premises or place, or part of any premises or place, in which there is a television receiver, not being a receiver to which a television viewer’s licence in force under this Act applies, is guilty of an offence against this Act.

“(9.) It is a defence to a prosecution for an offence under the last preceding sub-section if the defendant proves that he was not aware, and could not, with reasonable diligence, have become aware, of the existence in the premises or place, or part of the premises or place, of the television receiver.

“(10.) In this section, ‘a member of his family’, in relation to the holder of a television viewer’s licence, means a person who is related by blood or marriage to that holder.”.

Licence fees.

54. Section ninety-eight of the Principal Act is amended—

(a) by inserting after sub-section (1.) the following sub-sections:—

“(1a.) Subject to this section, the fee payable for a television viewer’s licence or a renewal thereof is Five pounds.

“(1b.) Where a television viewer’s licence is granted to a person who is the holder of a broadcast listener’s licence and the address specified in both licences is the same, the period for which the broadcast listener’s licence was granted may, if that person so desires, and upon payment of the fee referred to in the next succeeding sub-section, be extended so that it will expire on the date on which the television viewer’s licence will expire.

“(1c.) The fee payable for an extension of a broadcast listener’s licence under the last preceding sub-section is an amount which bears to the prescribed fee the same proportion as the number of complete months in the period of extension bears to twelve.”;

(b) by omitting from sub-section (2.) the words “or a renewal thereof” and inserting in their stead the words “or a television viewer’s licence, or a renewal of such a licence,”; and

(c) by omitting from sub-section (3.) the words “or a renewal thereof” and inserting in their stead the words “or a television viewer’s licence, or a renewal of such a licence,”.

Licences subject to Act.

55. Section one hundred and two of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) In this section, ‘licence’ includes a broadcast listener’s licence and a television viewer’s licence.”.

Certain licences not to be issued under Wireless Telegraphy Act.

56. Section one hundred and three of the Principal Act is amended by omitting the words “or for a television station or a facsimile station”.

Control of broadcasting and television in case of emergency.

57. Section one hundred and four of the Principal Act is amended—

(a) by inserting after the word “stations” the words “or televised from television stations”; and

(b) by omitting the words “of a commercial broadcasting station”.

58. Section one hundred and six of the Principal Act is repealed and the following section inserted in its stead:—

Evidence.

“106. A certificate in writing, signed by an authorized officer, certifying that, at the time specified in the certificate—

(a) there was not a broadcast listener’s licence in force under this Act applying to a broadcast receiver specified in the certificate; or

(b) there was not a television viewer’s licence in force under this Act applying to a television receiver specified in the certificate,

is evidence of the facts stated in the certificate.”.

Regulations.

59. Section one hundred and seven of the Principal Act is amended by adding at the end thereof the words “, and, in particular, for preventing interference to the transmission or reception of the programmes of broadcasting stations or television stations”.

Schedule.

60. The Schedule to the Principal Act is repealed.

Re-numbering.

61.—(1.) Any Part, Division of a Part, or section of the Principal Act, as amended by the foregoing provisions of this Act, the number of which is specified in a column headed “Existing number” in the First Schedule to this Act is re-numbered as specified opposite to that number in the next succeeding column headed “Now number” in that Schedule.

(2.) A reference in a law of the Commonwealth or of a Territory of the Commonwealth, or in an instrument or document, to a Part, Division of a Part, or section of the Principal Act shall, if that Part, Division or section has been re-numbered in pursuance of this section, be read as a reference to that Part, Division or section as so re-numbered.

Consequential amendments.

62. The Principal Act, as amended by the foregoing provisions of this Act (other than the provisions of the last preceding section), is amended as set out in the Second Schedule to this Act.

THE SCHEDULES.

FIRST SCHEDULE.

Section 61.

Re-numbering.

First Schedule—continued.

SECOND SCHEDULE.

Section 62.

Amendments.

Second Schedule—continued.