Australian Broadcasting Corporation Act 1983
No. 6, 1983
Compilation No. 30
Compilation date: 18 February 2022
Includes amendments up to: Act No. 4, 2022
Registered: 23 February 2022
About this compilation
This compilation
This is a compilation of the Australian Broadcasting Corporation Act 1983 that shows the text of the law as amended and in force on 18 February 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
3A Digital media service
4 Extension to external Territories
Part II—Establishment, functions and management of the Corporation
5 Australian Broadcasting Corporation
6 Charter of the Corporation
6A Datacasting functions
7 Establishment of Australian Broadcasting Corporation Board
8 Duties of the Board
9 Managing Director
10 Duties of the Managing Director
11 Advisory Councils and committees
Part III—The Board of Directors and the Managing Director
12 Membership of Board
13 Tenure of Managing Director
13A Staff‑elected Director
14 Remuneration and allowances
14A Leave of absence of Managing Director
15 Leave of absence
16 Resignation of non‑executive Directors
17 Disclosure of interests
18 Removal from office of non‑executive Directors
19 Acting Chairperson
20 Acting Managing Director
21 Acting non‑executive Directors
22 Meetings of the Board
23 Delegation by Corporation
24 Delegation by Managing Director
Part IIIA—Merit‑based appointment of non‑executive Directors
Division 1—Establishment and functions of Nomination Panel
24A Establishment
24B Functions
24C Nomination Panel not subject to direction
24D Nomination Panel has privileges and immunities of the Crown
Division 2—Constitution and membership of Nomination Panel
24E
Overview
The Australian Broadcasting Corporation Act 1983, enacted by the Australian Parliament, was introduced to establish the legal framework for the operations and management of the Australian Broadcasting Corporation (ABC). This legislation aimed to ensure that the ABC could effectively fulfill its role as a national public broadcaster, providing diverse and high-quality broadcasting services that cater to the cultural, educational, and informational needs of the Australian community. The Act outlines the functions, governance structure, and operational guidelines of the ABC, ensuring its independence, integrity, and accountability in delivering its public service mandate.
Scope and Application
The Australian Broadcasting Corporation Act 1983 applies to the Australian Broadcasting Corporation, a statutory body established to provide national broadcasting services and digital media services. The Act governs the establishment, functions, management, and operations of the Corporation. It specifies the Corporation's functions, which include providing innovative and comprehensive broadcasting services within Australia, promoting a sense of national identity, and encouraging and promoting the arts. The Act also outlines the Corporation's role in providing international broadcasting services to promote awareness of Australia and its attitudes on world affairs. Additionally, the Act details the governance structure of the Corporation, including the composition and roles of the Board of Directors, the Managing Director, and Advisory Councils. It sets out the processes for the appointment and tenure of Board members and the Managing Director, and establishes a Nomination Panel to ensure merit-based appointments. Furthermore, the Act grants the Corporation various powers to enter into contracts, acquire property, and provide services, while also imposing certain restrictions to maintain its independence and integrity. The Act extends its application to all external territories of Australia.
Key Provisions
- The Australian Broadcasting Corporation Act 1983 establishes the Australian Broadcasting Corporation (ABC) as a body corporate and outlines its functions, governance structure, and operational provisions. The main operative sections include the establishment and functions of the ABC (sections 5-9), the establishment of the ABC Board (section 7), and the general powers and duties of the Corporation (sections 25-31). The Act also addresses the appointment of non-executive Directors through a merit-based process (Part IIIA), and the Corporation's powers to enter into contracts, acquire property, and provide services (section 25). Obligations imposed by the Act on the ABC include maintaining independence and integrity in news and information services (section 8), providing broadcasting services of high standard (section 6), and avoiding broadcasting advertisements (sections 31 and 31AA). The Act also imposes specific obligations on the Board and the Managing Director, such as ensuring the efficient performance of the Corporation's functions and managing its affairs in accordance with Board policies (sections 8, 9, and 10). Offences and penalties for breach of the Act include fines and imprisonment for unauthorized broadcasting of advertisements (section 31) and failure to comply with directions from the Minister (section 78). The maximum penalties for these offences are not specified in the Act but are determined by the relevant courts. The Act also outlines the Corporation's financial provisions, including the application of moneys appropriated by Parliament (section 68), borrowing powers (sections 70A-70E), and tax exemptions (section 71).
- Area of Law
- Media & Entertainment Law
- Broadcasting Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegation by Corporation
- Delegation by Managing Director
- Offence Provisions
