BROADCASTING AND
TELEVISION ACT 1974
No. 55 of 1974
An
Act to amend the Broadcasting and Television Act
1942-1973 in relation to certain Licences, and for related purposes.
BE IT ENACTED by the Queen, the Senate and
the House of Representatives of Australia, as follows: —
Short title and
citation.
1.(1) This Act may be cited as the Broadcasting and Television Act 1974.
(2) The Broadcasting and Television Act 1942-1973 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
1942-1974.
Commencement.
2.This Act shall be deemed to have come into
operation on 18 September 1974.
Interpretation.
3. Section 4 of the Principal Act is amended—
(a) by adding at the end of the definition of
“broadcast receiver” in sub-section (1) the words “, but does not include an
appliance also capable of being used for the transmission, by means of wireless
telegraphy, of broadcast programmes or other matter”; and
(b) by adding at the end of the definition of
“television receiver” in sub-section (1) the words but does not include an
appliance also capable of being used for the transmission, by means of wireless
telegraphy, of television programmes or other matter”.
Repeal.
4. Sections 125,
126, 126aa,
126a,
126b,
126c,
126d,
127, 128 and 128a of the Principal Act are repealed.
Licences subject
to Act.
5.Section 129 of the Principal Act is amended
by omitting sub-section (2) and substituting the following sub-section: —
“(2) In this section, ‘licence’ includes a
television translator station licence and a television repeater station
licence.”.
Application of
Wireless Telegraphy Act.
6.Section 130 of the Principal Act is amended
by adding at the end thereof the following sub-section:—
“(2) The erection, maintenance or use of a
broadcast receiver or of a television receiver shall be deemed not to be in
contravention of the Wireless Telegraphy Act
1905-1973 or the regulations under that Act. ”.
Community Television aerials.
7. Section 130a of
the Principal Act is amended by omitting sub-section (6).
Trial of
offences.
8.Section 132 of the Principal Act is amended
by omitting from sub-section (1a) the words “a broadcast listener’s
licence, a television viewer’s licence, a combined receiving licence, a hirer’s
licence, a lodging house licence.”.
Repeal.
9. Sections 132a and 133 of the Principal Act are
repealed.
Refund of certain
licence fees.
10. (1) Any
licence fee paid, whether before or after the commencement of this Act, for a
broadcast listener’s licence, a television viewer’s licence, a combined
receiving licence, a hirer’s licence, a lodging house licence or a combined
lodging house licence, or for a renewal of such a licence, being a licence or a
renewal for a period commencing on or after the date of commencement of this
Act, may be refunded to the person who paid the fee or to such other person as
the Director-General of Posts and Telegraphs, or a person authorized in writing
by the Director-General to exercise the powers of the Director-General under
this section, considers appropriate.
(2) Notwithstanding the
repeal of the provisions of the Principal Act effected by this Act, refunds of
licence fees, in whole or in part, may, except in cases where the Minister
otherwise directs, be made under section 128a of
the Principal Act after the commencement of this Act as if the provisions so
repealed, and the regulations made for the purposes of that section, had
continued in force.
Re-purchase of
postage stamps under regulation 117 of Postal Regulations.
11. After the commencement of this Act, undefaced
postage stamps affixed to a card issued by the Postmaster-General for the
purposes of having affixed thereto postage stamps in payment or part payment
for a broadcast listener’s licence or a television viewer’s licence may be re-purchased,
not later than 30 June 1975, under regulation 117 of the Postal Regulations
notwithstanding that the postage stamps are not tendered in payment or part
payment for such a licence.
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