Broadcasting and Television Amendment Act 1977

Overview

The Broadcasting and Television Amendment Act 1977 (C2004A01798) was enacted to amend the Broadcasting and Television Act 1942, addressing issues such as conflicts of interest among members of the Australian Broadcasting Tribunal, the structure and functions of the Tribunal, and the establishment of the Special Broadcasting Service. The Act was passed by the Queen, with the consent of the Senate and House of Representatives of the Commonwealth of Australia, as indicated in its enacting clause. The primary objective of the Act is to enhance the governance, transparency, and functionality of broadcasting and television services in Australia, ensuring that they are managed in a manner that reflects the public interest. This is achieved through various amendments, including the introduction of provisions related to the establishment and operations of the Special Broadcasting Service, which provides multilingual broadcasting and television services.

Scope and Application

The Broadcasting and Television Amendment Act 1977 amends the Broadcasting and Television Act 1942 (the Principal Act). This amendment Act applies to the Commonwealth and its territories and is intended to modify the regulatory framework for broadcasting and television services in Australia. The Act targets entities such as the Australian Broadcasting Tribunal, the Australian Broadcasting Commission, and the Special Broadcasting Service, as well as individuals like members of these entities, licensees, and the general public. The Act introduces significant changes to the structure, functions, and procedures of these entities, including the establishment of the Special Broadcasting Service, which is tasked with providing multilingual broadcasting and television services. It also redefines the roles and responsibilities of the Tribunal and the Commission, including their powers regarding the grant, renewal, suspension, and revocation of licenses, as well as the assembly of information relating to broadcasting and television in Australia. Furthermore, the Act outlines specific conditions for the transfer of licenses and the imposition of conditions on licensees, ensuring compliance with the Act's provisions. The Act also includes provisions for the review of decisions made by the Tribunal, ensuring accountability and the right to appeal for affected parties. Transitional provisions are included to facilitate the smooth implementation of the amendments, ensuring that existing licenses and ongoing proceedings are appropriately managed during the transition.

Key Provisions

• The Broadcasting and Television Amendment Act 1977 makes several key changes to the Broadcasting and Television Act 1942 (the Principal Act), primarily focusing on the functions and operations of the Australian Broadcasting Tribunal, the Special Broadcasting Service, and the regulation of broadcasting and television licences. The Act begins by replacing and amending various sections of the Principal Act to update the legal framework governing these entities and their operations.
• One of the main provisions of the Act pertains to the Australian Broadcasting Tribunal, which is now tasked with broader functions, including granting, renewing, suspending, and revoking licences. The Tribunal also has the authority to authorize transactions related to licences, determine standards for broadcasting and television programs, and set conditions for advertising and broadcasting hours. The Act outlines specific procedures for conducting inquiries and the publication of decisions and reports.
• In terms of the Special Broadcasting Service, the Act establishes this body as a corporate entity with specific functions to provide multilingual broadcasting and television services for special purposes. The governance structure of the Service includes a Chairman and members appointed by the Governor-General, with provisions for acting appointments, pecuniary interests, and the Executive Director's role and responsibilities.
• The Act also details the processes for the grant, renewal, variation, suspension, and revocation of broadcasting and television licences. It includes provisions for the application process, the role of the Minister, and the Tribunal's considerations in making decisions. Licences are subject to specific conditions, which the Tribunal can vary or revoke, except for certain specifications that require Ministerial approval.
• Further, the Act imposes certain obligations on the parties it governs, such as the requirement for members of the Special Broadcasting Service and the Executive Director to disclose any pecuniary interests that could conflict with their duties. It also mandates the assembly and disclosure of information relating to broadcasting and television by the Tribunal, while maintaining certain confidentiality provisions.
• In terms of enforcement, the Act includes several offences and penalties for breaches, including fines and imprisonment. For instance, failing to comply with a summons to appear as a witness before the Tribunal or refusing to be sworn or to answer questions carries a penalty of $1,000 or imprisonment for 3 months. Unauthorized disclosure of information by members of the Tribunal or staff is also subject to penalties.
• Finally, the Act includes transitional provisions to ensure a smooth shift from the existing legal framework to the new provisions, including the continuation of existing licences and the treatment of pending inquiries and reviews.

Legal classification tags

Area of Law

Broadcasting and Television Law

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Transitional Provisions

Licensing & Registration

Enforcement Powers

Review & Sunset Clauses