Australian Broadcasting Regulations (Cth)

STATUTORY RULES.

1942. No. 297

REGULATIONS UNDER THE AUSTRALIAN BROADCASTING ACT 1942.*

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Broadcasting Act 1942.

Dated this First day of July, 1942.

Governor-General.

By His Excellency’s Command,

for and on behalf

of the Postmaster-General.

———

Australian Broadcasting Regulations.

Citation.

1. These Regulations may be cited as the Australian Broadcasting Regulations.

Commencement.

2. These Regulations shall come into operation on the first day of July, 1942.

Definitions.

3.—(1.) In these Regulations, unless the contrary intention appears—

“broadcast listener’s licence” means a licence granted under section 96 of the Act;

“receiving appliance” means an appliance which is capable of being used for the reception of broadcast programmes;

“the Act” means the Australian Broadcasting Act 1942.

(2.) In these Regulations any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Territories of the Commonwealth.

4. For the purposes of these Regulations—

(a) the Australian Capital Territory, the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915 and described in the agreement set out in the Schedule to that Act, and Norfolk Island, shall be, deemed to be part of the State of New South Wales;

* Notified in the Commonwealth Gazette on , 1942.

4451.—Price 5d. 25/24.6.1942.

 

(b)the Northern Territory of Australia shall be deemed to be part of the State of South Australia; and

(c) the Territory of Papua and the Territory of New Guinea shall be deemed to be part of the State of Queensland.

Balance-sheet, &c., of the Australian Broadcasting Commission.

5. The statement of income and expenditure referred to in section 42 of the Act shall be in accordance with Form 1 and the balance-sheet referred to in that section shall be in accordance with Form 2.

Balance-sheets, &c., of Commercial broadcasting stations.

6. The balance-sheet referred to in section 67 of the Act shall be in accordance with Form 3 and the profit and loss account referred to in that section shall be in accordance with Form 4.

Right to refuse advertisements.

7. The licensee of a commercial broadcasting station may specify in the tariff of advertising charges published by him in pursuance of section 61 of the Act the matters or things, or classes of matters or things, in relation to which he reserves the right not to broadcast advertisements and, where any matter or thing, or class of matters or things, is so specified, it shall not be necessary for the licensee to make his advertising service available with respect to any such matter or thing, or with respect to any matter or thing included in such a class of matters or things.

Additional broadcast listeners’ licences.

8.—(1.) A person who is the holder of a broadcast listener’s licence granted prior to the first day of July, 1942, shall not, until the expiration of that licence, be required to hold any additional licence or licences by reason of the number of receiving appliances in his possession exceeding one.

(2.) Where a person who is the holder of a broadcast listener’s licence becomes the possessor of an additional receiving appliance, he shall not, until the expiration of that licence, be required to hold any additional licence by reason of having in his possession the additional receiving appliance.

(3.) Where a person who is the holder of a broadcast listener’s licence is a manufacturer of, or trader in, receiving appliances, he shall not be required to hold any additional licence in respect of any receiving appliance in his possession at the address specified in the licence for the purpose of storage, sale, repair, test or demonstration.

Demonstration of receiving appliances to prospective purchasers.

9. Where any person, who manufactures or trades in receiving appliances and is the holder of a broadcast listener’s licence has, with the authority in writing of an officer thereto authorized by the Minister, established a receiving appliance at the premises of a prospective purchaser thereof, that person or the prospective purchaser shall not be required to hold a broadcast listener’s licence in respect of the receiving appliance—

(a) if the premises of the prospective purchaser are within twenty miles from the General Post Office in the capital city of a State—for a period of seven days; and

(b) in any other case—for a period of fourteen days,

from the date when the receiving appliance was so established, if an invoice or other document setting out that date is affixed to the appliance.

 

Ante-dating of licences.

10.—(1.) Where application is made for a broadcast listener’s licence in respect of a receiving appliance which has been used, without a licence being held in respect thereof, at any time during the period of twelve months immediately preceding the day on which the application is made, any licence granted may be dated as of the date on which the receiving appliance was first used during that period without a licence and shall remain in force for a period of twelve months from that date.

(2.) In any proceedings for an offence against the Act or these Regulations, a licence so granted shall not be deemed to have been in force prior to the date on which it was applied for.

Licences not transferable.

11. A broadcast listener’s licence shall not be transferable from one person to another.

Address of licensee.

12.—(1.) A person shall not, without the consent of an officer authorized by the Minister to grant such consents, use a receiving appliance at a place other than the address specified in the broadcast listener’s licence authorizing the erection and operation of the appliance.

(2.) A person who is the holder of a broadcast listener’s licence shall, within two weeks after any change in his address, notify the Senior Radio Inspector in the State in which he resides of the change.

Production of licence.

13. A person who is the holder of a broadcast listener’s licence shall, upon demand at any reasonable time by an officer thereto authorized by the Minister, make his licence available for inspection by the officer.

Inspection of receiving appliances.

14. A person who is the holder of a broadcast listener’s licence shall, at all reasonable times, afford to any officer thereto authorized by the Minister every facility for the inspection of receiving appliances at the address specified in the licence.

Broadcast listeners not to divulge certain communications.

15. A person shall not, without lawful authority, divulge or make any use whatsoever of the contents of a wireless communication, not being a communication transmitted by a broadcasting station whether situated in Australia or elsewhere.

Interference to reception.

16. A person shall not use a receiving appliance in such a manner as to cause interference to the reception of broadcast programmes or other wireless signals.

Infringement of patents.

17. The grant of a broadcast listener’s licence shall not relieve the licensee of responsibility for any infringement by him of any patent for an invention.

Extension leads not permitted.

18. A person shall not permit an extension lead to be taken from any receiving appliance on his premises for the purpose of enabling broadcast programmes to be received in any premises or place or part of any premises or place in respect of which a broadcast listener’s licence is not held.

Licensees who do not renew licences.

19. Where a person who is the holder of a broadcast listener’s licence does not intend to renew his licence, he shall notify accordingly the Senior Radio Inspector in the State in which he resides, or a postmaster, within seven days after the date of expiry of the licence.

 

False statements.

20. A person shall not knowingly make a false or misleading statement in an application (whether written or oral) for a broadcast listener’s licence.

 

THE SCHEDULE.

Regulation 5 Form 1.

Australian Broadcasting Commission.

STATEMENT OF INCOME AND EXPENDITURE FOR YEAR ENDED 30th JUNE, 19

Previous Year.	Expenditure.	19—.	Previous Year.	Income.	19—.
£	£	£	£
To—	By—
Artists’ Fees and Programme Expenses.......................	Revenue from Licence Fees
(Payments to artists, orchestras, lecturers, announcers, accompanists and production costs).............................	Interest on Investments...
	Other Revenue...............
Copyright Fees...................
Broadcasting Rights............
Rental of Telephone Lines for Broadcasting and Outside Pick-up Costs.........................
Commissioners’ Remuneration and Allowances....................
Staff Salaries and Allowances......................................
Rent of Offices and Furniture
Publicity.............................
Contributions to Staff Provident Fund..............................
Depreciation.......................
Preliminary Expenses written off......................................
Other Expenses...................
Balance carried down..........
To—	By—
Transfer to Sinking Funds...	Balance brought down
Transfer to Reserve Fund....
Balance to Accumulated Fund......................................

Chairman, Australian Broadcasting Commission.

Secretary, Australian Broadcasting Commission.

 

Regulation 5. Form 2.

Australian Broadcasting Commission.

BALANCE-SHEET AS AT 30th JUNE, 19

Previous Year.	Liabilities.		19—.	Previous Year.	Assets.	19—.
£	£		£	£	£	£
Advances from the Treasurer of the Commonwealth		Land and Buildings— Freehold..................
		Leasehold................
Sundry Creditors............		——
Sinking Funds................		Less Depreciation......... ——
Office Furniture, Musical Instruments and Equipment Less Depreciation......... ——
Stores and Stationery Sundry Debtors—
Postmaster-General for Licence Fees Other.......................
Reserve Fund..................		Payments in Advance Sinking Fund Investments
Other Investments— Government Securities Fixed Deposits
Other Securities....... ——
Accumulated Fund...........		Add accrued interest ——
Add Less	Balance from Income and Expenditure ——	Cash in hand and at Bank...............................
		Preliminary Expenses ——

Chairman, Australian Broadcasting Commission.

Secretary, Australian Broadcasting Commission.

 

Regulation 6. Form 3.

COMMERCIAL BROADCASTING STATION—LICENSEE’S BALANCE-SHEET.

Capital and Liabilities.	Assets.
£	£	£	£
Capital—	Cash in hand and at bank...............
Nominal Capital, shares of £ each	Investments..................................
	Goodwill......................................
Less—	Stock, including musical instruments, records and other programme material, office equipment and other general assets.......................................
Unallotted Capital.................
Uncalled Capital................... ——
Called up Capital.............
Less calls not paid................... ——	Less Depreciation.............. ——
Net Capital......................	Broadcasting Equipment................
——	Less Depreciation.............. ——
Debentures.............................
Loans and Advances................	Sundry Debtors.............................
Taxation Reserve....................	Land and Buildings.......................
Sundry Creditors.....................	Less Depreciation.............. ——
General Reserve Fund.............
Appropriation of Profits Accounts—	Preliminary Expenses....................
	Payments in Advance....................
Credit Balance.................

 

Regulation 6. Form 4.

COMMERCIAL BROADCASTING STATION—LICENSEE’S PROFIT AND LOSS ACCOUNT.

Profit and Loss Account.
£	£
Salaries, Wages and Allowances..........	Revenue—
Commissions and Discounts.................	Advertising and other “time” sales...
Artists’ Fees........................................
Copyright Fees....................................	Other—
Broadcasting Rights.............................	Interest from Investments................
Repairs, Maintenance and Lease of Equipment (other than salaries, &c., included above)	Miscellaneous (main items should be specified)...................................
Rental of Land Lines and other Telephone Fees
Other Programme Expenses (any exceptional items should be specified)......................................................
Directors’ Fees....................................
Advertising.........................................
Rent of Premises.................................
Light, Heat and Power.........................
Postages and Telegrams.......................
Printing and Stationery........................
Travelling Expenses............................
Insurance............................................
Taxation Reserve.................................
Legal Expenses...................................
Audit Fee............................................
Licence Fee.........................................
Taxes and Rates..................................
Interest................................................
Bad Debts...........................................
Preliminary Expenses written off..........
Other General Expenses (any exceptional items should be specified)........................
Depreciation.......................................
Net Profit for year...............................

Appropriation Account.

Dividends (particulars should be specified) 

Balance from previous year.................

Net profit for current year...................

Balance carried forward.......................

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.