Broadcasting and Television Regulations (Cth)

STATUTORY RULES.

1956. No..

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REGULATIONS UNDER THE BROADCASTING AND TELEVISION ACT 1942-1956.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Broadcasting and Television Act 1942-1956.

Dated this fourteenth day of December, 1956.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Postmaster-General.

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Broadcasting and Television Regulations.

Citation.

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

Repeal.

2. The Broadcasting Regulations (comprising Statutory Rules 1942, No. 297 ; Statutory Rules 1952, No. 13 ; Statutory Rules 1954, No. 51 ; and Statutory Rules 1955, No. 63) are repealed.

Definitions.

3. In these Regulations unless the contrary intention appears—

“ licence ” means a broadcast listener’s licence granted under section 125 of the Act or a television viewer’s licence granted under section 126 of the Act ;

“ officer ” means an officer authorized by the Postmaster-General for the purposes of the Act or these Regulations ;

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

“ the Act ” means the Broadcasting and Television Act 1942-1956.

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.

 

* Notified in the Commonwealth Gazette on 1956.

6143/56.—Price 3d. 9/7.11.1956.

Demonstration of receivers to prospective purchasers.

5. Where—

(a) the holder of a licence—

(i) manufactures or trades in receivers ; and

(ii) with the consent in writing of an officer, establishes a receiver for demonstration purposes at the address of a prospective purchaser ;

(b) the receiver is established at that address—

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

Ante-dating of licences.

6.—(1.) Where a person applies for a licence and, during the period of twelve months immediately preceding the day on which he so applies, he used, maintained or had in his possession a receiver at a time when a licence did not apply to that receiver, the licence applied for may be dated as of the date on which he first so used, maintained or had in possession that receiver and shall remain in force for a period which expires twelve months after that date.

(2.) Notwithstanding anything contained in the last preceding sub-regulation, a television viewer’s licence granted under section 126 of the Act shall not be dated as of a date before the first day of January, 1957.

(3.) In any proceedings for an offence against the Act or these Regulations, a licence shall not be deemed to have been in force prior to the date on which it was applied for.

Licences not transferable.

7. A licence is not transferable from one person to another.

Address of licensee.

8. 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.

Production of licence.

9. A person who is the holder of a licence shall, upon demand at any reasonable time by an officer, make his licence available for inspection by the officer.

Inspection of receivers.

10. A person who is the holder of a licence shall, at all reasonable times, afford to an officer every facility for the inspection of receivers at the address specified in the licence.

Broadcast listeners and television viewers not to divulge certain communications.

11. 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.

Interference to reception.

12.—(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 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.

Infringement of patents.

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

Extension leads not allowed.

14. 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 which is not specified in a licence.

Licensees who do not renew licences.

15. 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.

False statements.

16. A person shall not knowingly make a false of misleading statement in an application (whether written or oral) for a licence.

Accountant to be advised of sales, &c.

17. When a person sells, hires, lends, leases or otherwise disposes of a receiver to another person, he shall, within one month after so doing, advise, in writing, the Accountant, Accounts Branch, Postmaster-General’s Department, in the State in which the transaction took place, of the name and address of that other person.

Persons not required to hold licences.

18. 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 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,

is not required to hold a licence.

Application of licences to hospitals, &c.

19. A licence granted to a public hospital or charitable institution shall be deemed to apply to any receiver used in any portion of the hospital or institution for the benefit of inmates of that hospital or institution.

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