Broadcasting and Television Amendment Act 1980
No. 143 of 1980
An Act to amend the Broadcasting and Television Act 1942 and for related purposes
[Assented to 19 September 1980.]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Broadcasting and Television Amendment Act 1980.
(2) The Broadcasting and Television Act 1942 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to sub-section (2), the provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.
(2) Paragraph 19(a) shall be deemed to have come into operation on 1 January 1978.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by inserting before the definition of “approved bank” in sub-section (1) the following definition:
“‘appoint’ includes re-appoint;”;
(b) by adding at the end of the definition of “broadcasting station” in sub-section (1)”, but does not include a broadcasting translator station”;
(c) by omitting the definition of “broadcasting translator station” from sub-section (1) and substituting the following definition:
“‘broadcasting translator station’ means a station of low operating power designed for the reception by wireless telegraphy or telegraph line of the broadcasting programs of a broadcasting station (whether transmitted by that broadcasting station or by another broadcasting translator station) and the immediate re-transmission of those programs to broadcast receivers by wireless telegraphy and, where applicable, to another broadcasting translator station by wireless telegraphy or telegraph line;”;
(d) by omitting from the definition of “commercial broadcasting station” in sub-section (1) “or a public broadcasting station” and substituting “, a public broadcasting station or a broadcasting station operated on behalf of the Service”;
(e) by inserting after the definition of “commercial broadcasting station” in sub-section (1) the following definition:
“‘commercial broadcasting translator station’ means a broadcasting translator station operated for the reception and re-transmission of the programs of one or more commercial broadcasting stations;”;
(f) by omitting from the definition of “commercial television station” in sub-section (1) “or a public television station” and substituting “, a public television station or a television station operated on behalf of the Service”;
(g) by inserting after the definition of “commercial television station” in sub-section (1) the following definition:
“‘commercial television translator station’ means a television translator station operated for the reception and re-transmission of the programs of one or more commercial television stations;”;
(h) by inserting after the definition of “national broadcasting station” in sub-section (1) the following definition:
“‘national broadcasting translator station licence’ means a licence for a broadcasting translator station…
Overview
The Broadcasting and Television Amendment Act 1980, enacted by the Parliament of Australia, serves to amend the Broadcasting and Television Act 1942. This legislation was introduced to address gaps and update provisions related to broadcasting and television services. One of the key objectives is to clarify and expand definitions pertinent to the broadcasting industry, including terms such as "broadcasting translator station" and "television translator station." Additionally, the Act aims to refine the functions and powers of the relevant tribunals and commissions, ensuring that they operate efficiently within the legislative framework. By updating the legal definitions and operational guidelines, the Act seeks to enhance the regulatory oversight and adaptability of broadcasting services in response to evolving technological and market conditions.
Scope and Application
The Broadcasting and Television Amendment Act 1980 amends the Broadcasting and Television Act 1942 (the Principal Act) to refine the regulation of broadcasting and television services in Australia. This Act applies to various entities, including broadcasting and television stations, translator stations, and the Australian Broadcasting Commission, as well as to individuals holding or seeking licenses for these entities. It operates within the Commonwealth jurisdiction, governing the licensing, operation, and technical standards of broadcasting and television services across Australia. Certain exclusions apply, such as matters specifically related to the Australian Broadcasting Commission or the Australian Broadcasting Tribunal, which are not subject to the Act's inquiry provisions. The Act also delineates thresholds and conditions for licensing, including restrictions on contract values and the application of technical standards. Subordinate instruments may further extend or restrict the application of the Act by detailing specific licensing conditions, technical specifications, and other regulatory requirements.
Key Provisions
- The Broadcasting and Television Amendment Act 1980 (C2004A02344) makes several key amendments to the Broadcasting and Television Act 1942 (the Principal Act). Firstly, it introduces new definitions and modifies existing ones, particularly concerning various types of broadcasting and translator stations, and wireless telegraphy (sections 3 and 18). It also updates the functions and powers of the Australian Broadcasting Tribunal (ABT) and the Australian Broadcasting Commission (ABC) (sections 4, 5, 10, and 11).
- The Act imposes specific obligations on the ABT and ABC, such as the preparation and submission of financial estimates to the Minister and obtaining ministerial approval for contracts exceeding $250,000 (sections 27aa, 27ab, 70a, and 70b). It also mandates that the ABT hold inquiries into matters related to broadcasting and television services and invites public submissions (section 6). Furthermore, the ABT must consider ministerial comments before forming opinions on granting or renewing certain licences (sections 75, 76, 111bb, and 111bc).
- The Act delineates specific conditions for various types of translator station licences, ensuring that these stations operate solely for re-transmitting programs without alteration (sections 75, 76, 111bb, and 111bc). It also protects licensees of translator stations from liability for matters transmitted in accordance with their licence conditions, provided they hold the appropriate primary broadcasting or television licence (section 125).
- In terms of penalties and consequences, the Act does not explicitly state penalties for breaches. However, it does outline the Minister's power to direct the ABT to hold inquiries and make recommendations, implying that non-compliance with the Act's provisions could result in ministerial action or recommendations for corrective measures. Additionally, the Act provides immunity from taxation for both the ABT and the ABC (sections 27e and 72).
- Area of Law
- Media & Entertainment Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Licensing & Registration
- Enforcement Powers
- Regulatory Standards
