Broadcasting and Television Regulations (Cth)

STATUTORY RULES.

1961. No. 81.

 

REGULATIONS UNDER THE BROADCASTING AND TELEVISION ACT 1942-1960.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Broadcasting and Television Act 1942-1960.

Dated this 3rd day of July, 1961.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

Postmaster-General.

 

BROADCASTING AND TELEVISION REGULATIONS.

Citation.

1. These Regulations may be cited as the Broadcasting and Television Regulations.

Repeal and saving.

2.—(1.) The Broadcasting and Television Regulations (being Statutory Rules 1956, No. 104) are repealed.

(2.) A person who, immediately before the commencement of these Regulations, was an officer for the purposes of the Regulations repealed by the last preceding sub-regulation shall be deemed to be an officer authorized by the Minister for the purposes of these Regulations.

Definitions.

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

“broadcast listener’s licence” means a broadcast listener’s licence granted under section 125 of the Act;

“hirer’s licence” means a hirer’s licence granted under section 126A of the Act;

“keeper” has the same meaning as in section 126B of the Act;

“licence” means a broadcast listener’s licence, a television viewer’s licence, a hirer’s licence or a lodging house licence;

“lodging house” has the same meaning as in section 126B of the Act;

“lodging house licence” means a lodging house licence granted under section 126B of the Act;

“officer” means an officer authorized by the Minister for the purposes of these Regulations;

“receiver” means a broadcast receiver or a television receiver;

“television viewer’s licence” means a television viewer’s licence granted under section 126 of the Act;

“the Act” means the Broadcasting and Television Act 1942-1960.

 

*Notified in the Commonwealth Gazette on 3rd July, 1961.

3871/61.—PRICE 5D. 9/20.6.61.

Territories of the Commonwealth.

4. For the purposes of these Regulations—

(a) the Australian Capital Territory, the Territory accepted by the Commonwealth under 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;

(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.

Exemption from licensing provisions of Act—representatives of other countries.

5.—(1.) This regulation applies to a person—

(a) who—

(i) is an Ambassador, High Commissioner, Minister Plenipotentiary, Chargé d’Affaires or other chief diplomatic representative appointed to represent another country in Australia, or a Consul-General, Consul or Vice-Consul in Australia of another country;

 (ii) is a citizen of the country represented by him; and

(iii) is not, otherwise than in his diplomatic or consular capacity, engaged in a business, occupation or profession;

(b) who is a member of the staff of a person to whom the last preceding paragraph applies and is a citizen of the country represented by that person;

(c) who is the spouse or a dependent child of a person to whom either of the last two preceding paragraphs applies; or

(d) who is a foreign tourist and has not been resident in Australia for a period exceeding six months.

(2.) Sub-section (6.) of section 125 of the Act and sub-section (6.) of section 126 of the Act do not apply to, or in relation to, a person to whom this regulation applies.

(3.) Sub-section (3.) of section 126Aof the Act does not apply in relation to the letting out on hire of a receiver to a person to whom this regulation applies.

Exemption from licensing provisions of Act—demonstrations to prospective customers.

6. Where—

(a) the holder of a broadcast listener’s licence or a television viewer’s licence—

 (i) manufactures or trades in receivers of the kind referred to in the licence; and

(ii) establishes a receiver of that kind for demonstration purposes at the address of a prospective purchaser;

(b) the receiver is established at that address—

 (i) if that address is within twenty miles from a General Post Office in the capital city of a State—for a period of not more than seven days; or

 

(ii) in any other case—for a period of not more than fourteen days; and

(c) an invoice or other document, indicating the date on which the receiver was established at that address for demonstration purposes, is affixed to the receiver during the period it is so established,

the receiver shall be deemed to be in the possession of the holder of the licence, and at the address specified in the licence, during the period it is so established for demonstration purposes, and sub-section (6.) of section 125 of the Act or sub-section (6.) of section 126 of the Act, as the case requires, does not apply to, or in relation to, the prospective purchaser during that period.

Exemption from licensing provisions of Act—one licence only required for institution’s receivers.

7.—(1.) In this regulation, “institution” means—

(a) a public hospital;

(b) a charitable institution; or

(c) a private hospital or a home for aged persons conducted on a non-profit basis by an organization that, for the purposes of these Regulations, has been approved by the Minister or by an officer, by writing under his hand, as a non-profit-making organization.

(2.) Where a broadcast listener’s licence granted to an organization that conducts an institution is in force in respect of a broadcast receiver used for the benefit of inmates of the institution—

(a) sub-section (6.) of section 125 of the Act does not apply in relation to any other broadcast receiver used for the benefit of inmates of the institution or in relation to a broadcast receiver made available by the organization, and used, for the benefit of a person receiving, in his home, medical care from the institution;

(b) sub-section (3.) of section 126Aof the Act does not apply in relation to the letting out on hire of any other broadcast receiver used for the benefit of inmates of the institution or in relation to the letting out on hire to the organization of a broadcast receiver made available by the organization, and used, for the benefit of a person receiving, in his home, medical care from the institution; and

(c) sub-section (2.) of section 126Bof the Act does not apply in relation to any other broadcast receiver used for the benefit of inmates of the institution.

(3.) Where a television viewer’s licence granted to an organization that conducts an institution is in force in respect of a television receiver used for the benefit of inmates of the institution—

(a) sub-section (6.) of section 126 of the Act does not apply in relation to any other television receiver used for the benefit of inmates of the institution or in relation to a television receiver made available by the organization, and used, for the benefit of a person receiving, in his home, medical care from the institution;

 

(b) sub-section (3.) of section 126aof the Act does not apply in relation to the letting out on hire of any other television receiver used for the benefit of inmates of the institution or in relation to the letting out on hire to the organization of a television receiver made available by the organization, and used, for the benefit of a person receiving, in his home, medical care from the institution; and

(c) sub-section (2.) of section 126bof the Act does not apply in relation to any other television receiver used for the benefit of inmates of the institution.

Exemption from provisions of Act relating to hirer’s licences and lodging house licences.

8. Where—

(a) a blind person over the age of sixteen years; or

(b) a person or authority conducting a school,

has been approved by the Minister or by an officer, by writing under his hand, as a person to whom, or an authority to which, this regulation applies—

(c) sub-section (3.) of section 126a of the Act does not apply in relation to the letting out on hire of a receiver to that blind person or that person or authority; and

(d) sub-section (2.) of section 126b of the Act—

 (i) does not apply in relation to a receiver in a room or part of a lodging house occupied by that blind person; and

(ii) does not apply to, or in relation to, that person or authority.

Exemption from provisions of Act relating to lodging house licences.

9.—(1.) Sub-section (2.) of section 126B of the Act does not apply in relation to a receiver in a lodging house, being a receiver—

(a) let out on hire to the keeper of the lodging house; and

(b) to which an appropriate current hirer’s licence applies.

(2.) Where—

(a) the keeper of a lodging house has a receiver permanently installed or located in a part of the lodging house which—

 (i) is a part of the lodging house available for use by all lodgers in the lodging house; and

(ii) is not a part of the lodging house available for use only by one lodger or by the lodgers included in a specified class of lodgers;

(b) the keeper of the lodging house holds—

 (i) if the receiver is a broadcast receiver—a current broadcast listener’s licence; or

(ii) if the receiver is a television receiver—a current television viewer’s licence; and

(c) the address specified in the licence is the address of the lodging house,

sub-section (2.) of section 126B of the Act does not apply in relation to that receiver.

Fees for hirer’s licences.

10.—(1.) The fee payable for a hirer’s licence, or a renewal of a hirer’s licence, is a fee determined in accordance with this regulation.

(2.) In the next succeeding sub-regulation, a reference to Zone 1 or to Zone 2 is a reference to the Zones known as Zone 1 or Zone 2, respectively, by virtue of section 127 of the Act.

(3.) The fee payable for a hirer’s licence granted for a period of twelve months in respect of one broadcast receiver only, or a renewal of such a licence, is—

(a) in the case of a hirer’s licence in respect of a broadcast receiver let out on hire for use in Zone 1—Two pounds fifteen shillings; and

(b) in the case of a hirer’s licence in respect of a broadcast receiver let out on hire for use in Zone 2—One pound eight shillings.

(4.) The fee payable for a hirer’s licence granted for a period of twelve months in respect of one television receiver only, or a renewal of such a licence, is Five pounds.

(5.) The fee payable for a hirer’s licence granted for a period of twelve months in respect of one receiver only that is let out on hire to a pensioner as defined by sub-section (4.) of section 128 of the Act, or a renewal of such a licence, is, where the pensioner produces to the person from whom the receiver is hired a certificate by the Minister or by an officer stating that the pensioner would, if he obtained a broadcast listener’s licence or a television viewer’s licence, as the case may be, in respect of the receiver, be entitled to obtain such a licence at a reduced fee provided for by sub-section (3.) or (3A.) of that section, a fee equal to that reduced fee.

(6.) The fee payable for a hirer’s licence granted for a period of less than twelve months in respect of one receiver only, or a renewal of such a licence, is the amount that bears to the amount of the fee that would be payable for the licence for twelve months, under whichever of the last three preceding sub-regulations is applicable, the same proportion as the period of days for which the licence is granted bears to three hundred and sixty-five.

(7.) The fee payable for a hirer’s licence in respect of two or more receivers, or a renewal of such a licence, is a fee equal to the sum of the fees, determined in accordance with the preceding provisions of this regulation, that would have been payable if a separate hirer’s licence had been granted in respect of each receiver.

(8.) Where an amount payable in respect of the fee for a hirer’s licence under this regulation is an amount including a fraction of a penny, the amount payable shall be reduced by the amount of the fraction.

Returns by persons letting out receivers on hire.

11.—(1.) It is a condition of a licence applying in respect of more than one receiver that is granted to a person who carriers on a business consisting in whole or in part of letting out receivers on hire that the person shall, within a period of seven days after the end of each month of the year, forward to the Accountant, Accounts Branch, Postmaster-General’s Department, in each State in which he carries on business a return in writing, relating to business carried on in that State, setting out in respect of that month—

(a) the maximum number of receivers let out on hire by the holder of the licence at any time during that month; and

 

(b) the total, in respect of all receivers let out on hire at any time during that month by the holder of the licence, of the number of days in that month that each of those receivers was let out on hire.

(2.) A return referred to in the last preceding sub-regulation shall contain a declaration, signed by the bolder of the licence or by a person authorized by him for the purpose, that the statements made in the return are true and correct.

Manner of attaching hirer’s licences and lodging house licences to receivers and manner of marking receivers.

12.—(1.) For the purposes of sub-section (3.) of section 126Aof the Act and of sub-section (2.) of section 126Bof the Act, a prescribed manner of attaching to a receiver a hirer’s licence in respect of the receiver or a lodging house licence in respect of the receiver, as the case may be, is to enclose the licence in an envelope and to fasten or tie the envelope securely to the back of the receiver or to the inside of the back of the receiver.

(2.) For the purposes of sub-section (3.) of section 126A of the Act—

(a) the particulars to be marked on a receiver are the words “Receiver on hire from” followed by the name and address of the person letting out the receiver on hire; and

(b) a prescribed manner of marking those particulars on the receiver is to stencil or emboss the particulars on the outside of the receiver or on a durable tag securely fastened or tied to the outside of the receiver.

Fees in respect of community television aerials.

13. The fees payable, for the purposes of sub-section (6.) of section 130a of the Act, are—

(a) in respect of the grant of a permit under that section—Fifty pounds; and

(b) in respect of the transfer of a permit under that section—Two pounds.

False statements.

14. A person shall not knowingly make a false or misleading statement in an application (whether written or oral) for a licence or in a return made under regulation 11 of these Regulations.

Ante-dating of licences.

15. Where a person applies for a licence in respect of a receiver and the person was, during a period (being a period not exceeding twelve months) immediately preceding the day on which he so applies, required by the Act to have a licence applying to the receiver but the person did not have such a licence, the licence applied for may be granted in respect of a period commencing on the date on which he was first so required and shall be in force for a period commencing on that date.

Licences not transferable.

16. Subject to sub-section (7.) of section 126A of the Act and subsection (7.) of section 126B of the Act, a licence is not transferable from one person to another.

Address of licensee.

17. A holder of a licence shall, within two weeks after a change in his address, notify the Accountant, Accounts Branch, Postmaster-General’s Department, in the State in which he resided before the change, of his new address, and the address so notified shall then be deemed to be the address specified in the licence.

Licensees who do not renew licences.

18. Where a person who is the holder of a licence does not intend to renew his licence, he shall notify accordingly the Accountant, Accounts Branch, Postmaster-General’s Department, in the State in which he resides, or a postmaster, within seven days after the date of expiry of the licence.

Infringement of patents.

19. The grant of a licence does not relieve the licensee of responsibility for an infringement by him of a patent for an invention.

Extension leads not allowed.

20. A person shall not permit an extension lead to be taken from a broadcast receiver for the purpose of enabling broadcast programmes to be received at an address that is not specified in a licence applying to the receiver.

Interference to reception.

21.—(1.) A person shall not use a receiver in such a manner as to cause interference to the reception of the programmes of broadcasting stations or television stations.

(2.) It is a condition of a licence that a receiver to which the licence applies will not be used, or be permitted to be used, in contravention of the last preceding sub-regulation or in such a manner as to cause interference to the reception of any wireless signals.

Broadcast listeners and television viewers not to divulge certain communications.

22. 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 or a television station whether situated in Australia or elsewhere.

Inspection of licences and receivers.

23.—(1.) A person who is the holder of a licence or who is in possession of a receiver to which a licence is attached shall, upon demand at any reasonable time by an officer, make the licence available for inspection by the officer.

(2.) A person who is in possession of a receiver shall, upon demand at any reasonable time by an officer, make the receiver available for inspection by the officer.

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.