BROADCASTING AND TELEVISION
AMENDMENT ACT 1976
No. 89 of 1976
An Act to amend the Broadcasting and Television Act 1942-1975 and for related purposes.
BE IT ENACTED by the Queen, and the Senate and 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 Amendment Act 1976.
(2) The Broadcasting and Television Act 1942-1975 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 1942-1976.
Commencement.
2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sections 5 and 6 shall come into operation on 1 September 1976.
(3) Sections 4, 15 and 18 shall be deemed to have come into operation on 1 July 1976.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by inserting in sub-section (1), after the definition of “broadcasting station”, the following definitions:—
“‘broadcasting translator station’ means a station of low operating power designed for the reception by wireless telegraphy or telegraph line of the broadcasting programs transmitted by a broadcasting station and the immediate re-transmission, by means of wireless telegraphy, of those programs;
‘broadcasting translator station licence’ means a licence for a broadcasting translator station;”;
(b) by inserting in sub-section (1), after the definition of “technical equipment”, the following definition:—
“‘telegraph line’ means a line within the meaning of the Telecommunications Act 1975;”; and
(c) by omitting from sub-section (1) the definition of “television translator station” and substituting the following definition: —
“ ‘television translator station’ means a station of low operating power designed for the reception by wireless telegraphy or telegraph line of the television programs transmitted by a television station and the immediate retransmission, by means of wireless telegraphy, of those programs;”.
4. Section 87a of the Principal Act is repealed and the following section substituted: —
Review of decisions.
“87a. Where the Minister has, under section 86, suspended or revoked a licence on or after 1 July 1976, the licensee may apply to the Administrative Appeals Tribunal for a review of the decision of the Minister to suspend or revoke the licence.”.
Advertisements.
5. Section 100 of the Principal Act is amended—
(a) by inserting after sub-section (5) the following sub-section:—
“(5a) A licensee shall not broadcast or televise an advertisement for, or for the smoking of, cigarettes or cigarette tobacco.”; and
(b) by adding at the end thereof the following sub-section:—
“(10) A reference in sub-section (5), (5a) or (6) to the broadcasting or televising of advertisements or of an advertisement shall be read as not including a reference to the broadcasting or televising of matter of an advertising character as an accidental or incidental accompaniment of the broadcasting or televising of other matter…
Overview
The Broadcasting and Television Amendment Act 1976 (C2004A01520) was enacted to amend the Broadcasting and Television Act 1942-1975, addressing issues and gaps in the existing regulatory framework for broadcasting and television services. This Act was passed by the Commonwealth Parliament and is aimed at enhancing the regulation of broadcasting and television services, including the introduction of provisions for broadcasting and television translator stations, and the amendment of certain licensing and review processes. It also introduces new definitions and clarifies terms to better govern the broadcasting and television sectors. The policy objective behind the Act is to ensure that broadcasting and television services are managed in a manner that adequately serves the interests of the community, particularly in areas where existing services may not be fully satisfactory.
Scope and Application
The Broadcasting and Television Amendment Act 1976 amends the Broadcasting and Television Act 1942-1975, and applies to all commercial broadcasting and television stations within Australia. The Act introduces new definitions for broadcasting and television translator stations, which are stations of low operating power designed for the reception and immediate re-transmission of programs from other stations. Licences for these translator stations are subject to approval by the relevant authorities, with conditions ensuring that they do not interfere with existing broadcasting services and adequately serve the needs of the community. The Act also prohibits the broadcasting or televising of advertisements for cigarettes or cigarette tobacco, with exceptions for incidental advertising. The Act extends to metropolitan areas defined by the relevant authorities, and provisions apply equally to broadcasting and television translator stations as they do to commercial broadcasting and television stations. The Act allows for the review of decisions made by the authorities through the Administrative Appeals Tribunal, ensuring that licensees have recourse in cases of disputed licensing decisions. The Act does not specify any exclusions or thresholds for its application, and its provisions are enforced through subordinate instruments as necessary.
Key Provisions
- The Broadcasting and Television Amendment Act 1976 makes several changes to the Broadcasting and Television Act 1942-1975 (the Principal Act). Key provisions include the introduction of new definitions, such as "broadcasting translator station" and "telegraph line", and the repeal of certain sections, including section 100a. The Act also inserts new sections, such as section 105aa, which defines terms like "metropolitan broadcasting area" and "metropolitan television area".
- The Act imposes obligations on the Australian Broadcasting Tribunal (the Board) and the Minister regarding the granting of broadcasting and television translator station licences. The Board must consider community needs and make recommendations to the Minister based on whether satisfactory reception of programs is being obtained in a particular area. Before making a recommendation, the Board must publish a notice in the Gazette and a newspaper circulating in the area, allowing interested parties to apply for or object to the licence. If multiple applications or objections are received, the Board must conduct an inquiry.
- The Act also outlines the consequences of breaching its provisions. Offences and penalties are not explicitly stated in the text, but breaches of the Wireless Telegraphy Act 1905 or its regulations could result in legal action. Additionally, the Act allows for review of decisions made by the Board or the Minister by the Administrative Appeals Tribunal, providing a mechanism for challenging decisions related to licence grants and revocations.
- In summary, the Broadcasting and Television Amendment Act 1976 amends the Principal Act by introducing new definitions, inserting new sections, and repealing certain provisions. It imposes obligations on the Board and the Minister in relation to the granting of broadcasting and television translator station licences, and provides for review of decisions by the Administrative Appeals Tribunal.
- Area of Law
- Media & Entertainment Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Licensing & Registration
- Review & Sunset Clauses
- Advertising Regulations
- Regulatory Standards
