Broadcasting and Television Regulations (Cth)
BROADCASTING AND TELEVISION REGULATIONS
- In force under the Broadcasting Act 1942
- Reprinted as at 31 December 1986 (HISTREG CHAP 400 #DATE 31:12:1986)
- In force under the Broadcasting Act 1942
- Reprinted as at 31 December 1986 (HISTREG CHAP 400 #DATE 31:12:1986)
*1* The Broadcasting and Television Regulations (in force under the Broadcasting Act 1942) as shown in this reprint comprise Statutory Rules 1966 No. 152 amended as indicated in the Tables below.
and Television Act (No. 2) 1971. The amendments have been incorporated in this reprint.
For application, saving or transitional provisions relating to the amendments see sub-section 8 (2) of the Broadcasting and Television Act (No. 2) 1971.
Table of Statutory Rules
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Date of Application, saving
Year and notification Date of or transitional
number in Gazette commencement provisions
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1966
No. 152 3 Nov 1966 3 Nov 1966
1967
No. 167 14 Dec 1967 14 Dec 1967
1968
No. 112 30 Sept 1968 30 Sept 1968 R.2
1969
No. 165 16 Oct 1969 16 Oct 1969
1970
No. 143 15 Oct 1970 15 Oct 1970
196 17 Dec 1970 17 Dec 1970
1971
No.163 10 Dec 1971 10 Dec 1971 R.2
1972
No. 162 5 Oct 1972 1 Jan 1973
1973
No. 1 18 Jan 1973 18 Jan 1973 R.2
90 17 May 1973 17 May 1973
225 22 Nov 1973 R.1 : 2 Apr 1973
R.2 : 22 Nov 1973
1984
No. 104 7 June 1984 7 June 1984
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Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
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Provision
affected How affected
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R. 3 . . . . . . . . am. Act No. 72, 1971
R. 4A . . . . . . . ad. 1969 No. 165
R. 4B . . . . . . . ad. 1970 No. 196
R. 5A . . . . . . . ad. 1970 No. 143
R. 5B . . . . . . . ad. 1984 No. 104
R. 8 . . . . . . . am. 1967 No. 167
R. 11 . . . . . . . am. 1967 No. 167
R. 12 . . . . . . . am. 1968 No. 112; Act No. 72, 1971
R. 13 . . . . . . . rs. 1972 No. 162
R. 14 . . . . . . . am. Act No. 72, 1971; 1972 No. 162
R. 15 . . . . . . . am. 1967 No. 167
R. 17 . . . . . . . am. Act No. 72, 1971
R. 27 . . . . . . . ad. 1971 No. 163
R. 28 . . . . . . . ad. 1971 No. 163
am. 1973 Nos. 1 and 225
The Schedule . . . am. 1973 No. 90
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BROADCASTING AND TELEVISION REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Repeal and saving
3. Interpretation
4. Territories of the Commonwealth
4A. Banks with which Commission may maintain accounts
4B. Salary rate requiring Minister's approval
5. Functions of Board in relation to conditions of licences
5A. Television repeater station licence fee
5B. Service of notices
6. Exemption from licensing provisions of Act-representatives of other
countries
7. Exemption from licensing provisions of Act-demonstrations to
prospective purchasers
8. Exemption from licensing provisions of Act-one licence only required
for institution's receivers
9. Exemption of blind persons and persons conducting schools from
provisions of the Act relating to lodging house licences
10. Exemption from provisions of Act relating to lodging house licences
11. Exceptions to section 126A (3) of the Act
12. Fees for hirer's licences
13. Conditions of hirer's licences
14. Manner of attaching licences and manner of marking receivers
15. Fees in respect of community television aerials
16. False statements
17. Ante-dating of licences
18. Licences not transferable
19. Address of licensee
20. Cases in which refunds of licence fees may be made
21. Licensees who do not renew licences
22. Infringement of patents
23. Extension leads not allowed
24. Interference to reception
25. Broadcast listeners and television viewers not to divulge certain
communications
26. Inspection of licences and receivers
27. Remuneration
28. Travelling allowances
THE SCHEDULE
PRESCRIBED CASES IN WHICH REFUNDS OF LICENCE FEES MAY BE MADE
BROADCASTING AND TELEVISION REGULATIONS
In force under the Broadcasting Act 1942
BROADCASTING AND TELEVISION REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Broadcasting and Television Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BROADCASTING AND TELEVISION REGULATIONS - REG 2
Repeal and saving
2. (1) The Broadcasting and Television Regulations (comprising Statutory Rules 1961, No. 81; 1963, No. 11; 1964, No. 127; and 1966, No. 25) are repealed.
(2) A person who, immediately before the commencement of these Regulations, was an officer authorized 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.
BROADCASTING AND TELEVISION REGULATIONS - REG 3
Interpretation
3. (1) 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;
"combined lodging house licence" means a combined lodging house licence granted under section 126B of the Act;
"combined receiving licence" means a combined receiving licence granted under section 126AA of the Act;
"granted" includes renewed;
"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 combined receiving licence, a hirer's licence, a lodging house licence or a combined 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;
"pensioner" has the same meaning as in sub-section (4) of section 128 of the Act;
"receiver" means a broadcast receiver or 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 1942-1965;
"Zone 1" and "Zone 2" have the same respective meanings as in section 127 of the Act.(2) A reference in these Regulations to an address specified in a licence shall be read as including, in an appropriate case, a reference to an address to which the address specified in the licence has been, or has been deemed to have been, altered.
BROADCASTING AND TELEVISION REGULATIONS - REG 4
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.
BROADCASTING AND TELEVISION REGULATIONS - REG 4A
Banks with which Commission may maintain accounts
4A. For the purposes of sub-section (1) of section 69 of the Act, each of the following banks is a prescribed bank:
Commonwealth Trading Bank of Australia
The Chartered Bank
First National City Bank
The Bank of Tokyo, Ltd.
BROADCASTING AND TELEVISION REGULATIONS - REG 4B
Salary rate requiring Minister's approval
4B. For the purposes of paragraph (b) of section 46A of the Act, the rate is Nine thousand five hundred dollars per annum.
BROADCASTING AND TELEVISION REGULATIONS - REG 5
Functions of Board in relation to conditions of licences
5. (1) The functions of the Australian Broadcasting Control Board include the performance of the duty of duly considering and deciding applications to the Board in relation to matters which, under any condition of a licence under the Act in respect of a broadcasting station or television station, may be the subject of application to the Board. (2) In performing its function under this regulation, the Board shall, subject to the Act and the terms and conditions of the licence concerned, proceed in such manner, and after notice to such persons, as it thinks proper, and may inform itself in such manner as it thinks fit.
BROADCASTING AND TELEVISION REGULATIONS - REG 5A
Television repeater station licence fee
5A. The fee payable under section 105G of the Act for the grant of a licence for a television repeater station, including a licence granted by way of the renewal of a licence, is Twenty dollars.
BROADCASTING AND TELEVISION REGULATIONS - REG 5B
Service of notices
5B. For the purposes of sub-paragraphs 133 (1) (a) (iii) and (b) (ii) of the Act, a notice under a provision of the Act may be served on or given by telegram, telex or facsimile transmission-
(a) in the case of a telegram-by properly addressing, prepaying and sending it to-
(i) if the addressee is a natural person-the address of the place of
residence or business of the person last known to the person sending the telegram; or
(ii) if the addressee is a body corporate-the registered office or a
principal office of the body corporate; or
(b) in the case of a telex or facsimile transmission-by transmission to the facility last known to the person sending the transmission for the receipt of such a transmission by the addressee, and, in the absence of evidence to the contrary, shall be considered to have been given at the time the telegram or transmission is received at that address, office or facility.
BROADCASTING AND TELEVISION REGULATIONS - REG 6
Exemption from licensing provisions of Act-representatives of other countries
6. (1) This regulation applies to a person-
(a) who-
(i) is an Ambassador, High Commissioner, Minister Plenipotentiary,
Charge 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 dependant 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.
BROADCASTING AND TELEVISION REGULATIONS - REG 7
Exemption from licensing provisions of Act-demonstrations to prospective
purchasers
7. 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.
BROADCASTING AND TELEVISION REGULATIONS - REG 8
Exemption from licensing provisions of Act-one licence only required for
institution's receivers
8. (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 by an inmate 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; and
(b) sub-section (2) of section 126B of 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 by an inmate 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; and
(b) sub-section (2) of section 126B of the Act does not apply in relation to any other television receiver used for the benefit of inmates of the institution.
BROADCASTING AND TELEVISION REGULATIONS - REG 9
Exemption of blind persons and persons conducting schools from provisions of
the Act relating to lodging house licences
9. 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, sub-section (2) of section 126B of the Act-
(c) does not apply to or in relation to a receiver in a room or part of a lodging house occupied by that blind person; and
(d) does not apply to or in relation to that person or authority, as the case may be.
BROADCASTING AND TELEVISION REGULATIONS - REG 10
Exemption from provisions of Act relating to lodging house licences
10. (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.
BROADCASTING AND TELEVISION REGULATIONS - REG 11
Exceptions to section 126A (3) of the Act
11. (1) In this regulation, the word "hire" has the same meaning as in section 126A of the Act. (2) A person who carries on a business that consists in whole or in part of the letting out on hire of television receivers is not guilty of an offence against sub-section (3) of section 126A of the Act if the number of television receivers that are let out on hire by him at the relevant time does not exceed the number that is obtained by adding to the number of television receivers in respect of which television hirer's licences granted to him are in force at that time the number of television receivers to which this regulation applies that are let out on hire by him at that time, and-
(a) each receiver so let out on hire, not being a receiver to which this regulation applies, is marked in accordance with regulation 14 of these Regulations or there is attached in accordance with that regulation a current hirer's licence in respect of that receiver; and
(b) each receiver so let out on hire, being a receiver to which this regulation applies, is marked in accordance with sub-regulation (2) of regulation 14 of these Regulations.(3) A person who carries on a business that consists in whole or in part of the letting out on hire of broadcast receivers is not guilty of an offence against sub-section (3) of section 126A of the Act if the number of broadcast receivers that are let out on hire by him at the relevant time does not exceed the number that is obtained by adding to the number of broadcast receivers in respect of which broadcast hirer's licences granted to him are in force at that time the number of broadcast receivers to which this regulation applies that are let out on hire by him at that time, and-
(a) each broadcast receiver so let out on hire, not being a receiver to which this regulation applies, is marked in accordance with regulation 14 of these Regulations or there is attached in accordance with that regulation a current hirer's licence in respect of that receiver; and
(b) each receiver so let out on hire, being a receiver to which this Regulation applies, is marked in accordance with sub-regulation (2) of regulation 14 of these Regulations.(4) This regulation applies to a television receiver or a broadcast receiver that is-
(a) let out on hire to a person to whom regulation 6 of these Regulations applies;
(b) let out on hire to an organization that is the holder of an appropriate current licence and conducts an institution within the meaning of regulation 8 of these Regulations, being a receiver-
(i) used for the benefit of the inmates of that institution; or
(ii) made available by the organization, and used, for the benefit of a
person receiving, in his home, medical care from the institution;
(ba) let out on hire and used by an inmate of an institution conducted by an organization that is the holder of an appropriate current licence in respect of a receiver used for the benefit of inmates of the institution; and
(c) let out on hire to a person or authority that has been approved under regulation 9 of these Regulations as a person to whom, or an authority to which, that regulation applies.(5) Where a person carrying on the business of letting out receivers on hire, lets out on hire for the use at one address more than one television receiver to a person or to a person and a member of his family, not being a person or member who is the keeper of a lodging house, each of those receivers other than one of them is a television receiver to which this regulation applies.
(6) Where a person carrying on the business of letting out receivers on hire, lets out on hire for the use at one address more than one broadcast receiver to a person or to a person and a member of his family, not being a person or a member who is the keeper of a lodging house, each of those receivers other than one of them is a broadcast receiver to which this regulation applies.
BROADCASTING AND TELEVISION REGULATIONS - REG 12
Fees for hirer's licences
12. (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) 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-Eight dollars; 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-Four dollars twenty-five cents.(3) 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 Nineteen dollars.
(4) 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 receivers, 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.
(5) 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.
(6) 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.
(7) 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 cent, the amount payable shall be reduced by the amount of the fraction.
BROADCASTING AND TELEVISION REGULATIONS - REG 13
Conditions of hirer's licences
13. (1) In this regulation, "hire" has the same meaning as in section 126A of the Act. (2) Subject to the next two succeeding sub-regulations, for the purposes of section 126A of the Act, each of the following conditions is a condition of a hirer's licence applying in respect of more than one receiver:
(a) the holder of the licence shall, within seven days after the end of each month during which he carries on in a State the business in connexion with which the licence is used, furnish to the Chief Accountant, Finance and Accounting Branch, Postmaster-General's Department in that State, a return in writing, relating to the receivers used in that business, setting out particulars of-
(i) the maximum number of receivers so used that he had let out on hire
at the one time during the month immediately preceding the furnishing of the return; and
(ii) the sum of the number of days for which each of the receivers so used was let out on hire by him during that month;
(b) the holder of the licence, or a person authorized by him for the purpose, shall declare on each return furnished in pursuance of the condition specified in the last preceding paragraph, by writing under his hand, whether the statements made in the return are true and correct;
(c) the holder of the licence shall keep, or cause to be kept, in respect of each receiver used by him for letting out on hire in carrying on the business in a State in connexion with which the licence is used a record of the hirings of the receiver, being hirings in the course of his so using it, containing-
(i) a description of the receiver, including its make and the serial
number of its chassis;
(ii) the date of commencement of each of those hirings; and
(iii) the date of termination of each of those hirings that has
terminated;
(d) the holder of the licence shall cause the records kept by him to be numbered consecutively commencing with the number one;
(e) the holder of the licence shall retain the record kept by him in respect of a receiver used by him for letting out on hire in carrying on the business in a State in connexion with which the licence is used-
(i) if he carries on that business at one address in the State-at that
address;
(ii) if he carries on that business at more than one address in the
State-at the address in the State furnished or last furnished by him for the purpose to the Director of Posts and Telegraphs in that State; or
(iii) if he has ceased to carry on that business in the State-at the
address in Australia furnished or last furnished by him for the purpose to the Director of Posts and Telegraphs in that State,
until the expiration of two years after that receiver ceases to be so used;
and
(f) the holder of the licence shall, upon demand at any reasonable time by an officer, make the records kept by him available for inspection by the officer at the place at which they are retained.(3) It is not a condition of a hirer's licence in respect of broadcast receivers that the holder furnish any particulars or keep any record in relation to a television receiver and it is not a condition of a hirer's licence in respect of television receivers that the holder furnish any particulars or keep any record in relation to a broadcast receiver.
(4) It is not a condition of a hirer's licence in respect of receivers that the holder keep any record in respect of a hiring of a receiver that terminated before the commencement of this regulation.
(5) In this regulation, references to a record kept by the holder of a hirer's licence shall be read as references to a record kept by him in pursuance of the condition of the licence specified in paragraph (c) of sub-regulation (2) of this regulation.
BROADCASTING AND TELEVISION REGULATIONS - REG 14
Manner of attaching licences and manner of marking receivers
14. (1) For the purposes of sub-section (3) of section 126A of the Act and of sub-section (2) of section 126B of the Act, a prescribed manner of attaching a licence to a receiver 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-
(i) the words "Receiver on hire from" followed by the name and address
of the person letting out the receiver on hire;
(ii) the words "Record number" followed by the number of the record kept
in respect of the receiver in accordance with paragraph (c) of sub-regulation (2) of the last preceding regulation, being the number given to the record in accordance with paragraph (d) of that sub-regulation; and
(iii) if the serial number of the chassis of the receiver is not marked on the outside of the receiver, the words "Serial number" followed by that serial number; 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.
BROADCASTING AND TELEVISION REGULATIONS - REG 15
Fees in respect of community television aerials
15. 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-Ten dollars; and
(b) in respect of the transfer of a permit under that section-Four dollars.
BROADCASTING AND TELEVISION REGULATIONS - REG 16
False statements
16. 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 13 of those Regulations.
BROADCASTING AND TELEVISION REGULATIONS - REG 17
Ante-dating of licences
17. (1) A case in which-
(a) a person has used, maintained or had in his possession a broadcast receiver for a period in the twelve months immediately preceding the day on which he is granted a broadcast listener's licence that applies to the broadcast receiver; and
(b) there was not, during that period, in force under the Act a broadcast listener's licence that applied to that broadcast receiver, is a prescribed case for the purposes of sub-section (2) of section 125 of the Act.(2) A case in which-
(a) a person has used, maintained or had in his possession a television receiver for a period in the twelve months immediately preceding the day on which he is granted a television viewer's licence that applies to the television receiver; and
(b) there was not, during that period, in force under the Act a television viewer's licence that applied to that television receiver, is a prescribed case for the purposes of sub-section (2) of section 126 of the Act.(3) A case in which-
(a) a person has used, maintained or had in his possession a broadcast receiver and a television receiver for a period in the twelve months immediately preceding the day on which he is granted a combined receiving licence that applies to the receivers; and
(b) there was not, during that period, in force under the Act a broadcast listener's licence that applied to that broadcast receiver and a television viewer's licence that applied to that television receiver, is a prescribed case for the purposes of sub-section (2) of section 126AA of the Act.(4) A case in which-
(a) a person has, for a period in the twelve months immediately before the day on which he applies for a hirer's licence, carried on a business that consisted in whole or in part of letting out receivers on hire; and
(b) that person was not, in that period, the holder of an appropriate current hirer's licence or appropriate current hirer's licences equal to the number of receivers so let out on hire, is a prescribed case for the purposes of sub-section (5) of section 126A of the Act.(5) A case in which-
(a) the keeper of a lodging house, has, for a period in the twelve months immediately preceding the date on which he applies for a lodging house licence, has caused, suffered or permitted a receiver (other than a receiver provided by a lodger or tenant for his own use) to be in a room or part of the lodging house occupied, or available for occupation, by lodgers or tenants; and
(b) the person was not, in that period, the holder of an appropriate current lodging house licence, or a current combined lodging house licence, applicable in respect of that receiver, is a prescribed case for the purposes of sub-section (5) of section 126B of the Act.(6) Expressions in sub-regulation (4) of this regulation have the same meaning as in section 126A of the Act and expressions in the last preceding sub-regulation have the same meaning as in section 126B of the Act.
BROADCASTING AND TELEVISION REGULATIONS - REG 18
Licences not transferable
18. Subject to sub-section (7) of section 126A of the Act and sub-section (7) of section 126B of the Act, a licence is not transferable from one person to another.
BROADCASTING AND TELEVISION REGULATIONS - REG 19
Address of licensee
19. 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.
BROADCASTING AND TELEVISION REGULATIONS - REG 20
Cases in which refunds of licence fees may be made
20. Each of the cases specified in the Schedule to these Regulations is a prescribed case for the purposes of section 128A of the Act.
BROADCASTING AND TELEVISION REGULATIONS - REG 21
Licensees who do not renew licences
21. Where a person who is the holder of a licence does not intend to renew his licence, he shall in writing notify accordingly the Accountant, Accounts Branch, Postmaster-General's Department, in the capital city in the State in which he resides, or a postmaster, within seven days after the date of expiry of the licence.
BROADCASTING AND TELEVISION REGULATIONS - REG 22
Infringement of patents
22. The grant of a licence does not relieve the licensee of responsibility for an infringement by him of a patent for an invention.
BROADCASTING AND TELEVISION REGULATIONS - REG 23
Extension leads not allowed
23. 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.
BROADCASTING AND TELEVISION REGULATIONS - REG 24
Interference to reception
24. (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.
BROADCASTING AND TELEVISION REGULATIONS - REG 25
Broadcast listeners and television viewers not to divulge certain
communications
25. 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.
BROADCASTING AND TELEVISION REGULATIONS - REG 26
Inspection of licences and receivers
26. (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.
BROADCASTING AND TELEVISION REGULATIONS - REG 27
Remuneration
27. (1) In respect of any period of office on or after the twenty-sixth day of April, 1971, and before the first day of January, 1972-
(a) remuneration is payable to a member of the Board-
(i) in the case of the Chairman of the Board-at the rate of Seventeen
thousand nine hundred and forty-seven dollars per year;
(ii) in the case of a part-time member of the Board-at the rate of One
thousand nine hundred and fifty dollars per year; or
(iii) in the case of any other member of the Board-at the rate of Fifteen
thousand three hundred and seventy dollars per year; and
(b) remuneration is payable to a Commissioner-
(i) in the case of the Commissioner who is the Chairman of the
Commission-at the rate of Six thousand four hundred and fifty dollars per year;
(ii) in the case of the Commissioner who is Vice-Chairman of the
Commission-at the rate of Two thousand six hundred dollars per year; or
(iii) in the case of any other Commissioner-at the rate of One thousand
nine hundred and fifty dollars per year.(2) In respect of any period of office on or after the twenty-sixth day of April, 1971, and before the first day of January, 1972, there is payable to the General Manager of the Commission salary at the rate of Nineteen thousand five hundred dollars per year and an annual allowance at the rate of One thousand dollars per year.
BROADCASTING AND TELEVISION REGULATIONS - REG 28
Travelling allowances
28. (1) This regulation applies to-
(a) a member of the Board;
(b) a Commissioner; and
(c) the General Manager of the Commission.(2) Subject to the next succeeding sub-regulation, where a person to whom this regulation applies is, in the course of performing his duties, necessarily absent overnight from the town in which he ordinarily resides, travelling allowance is payable to him, in respect of the period of absence-
(a) in the case of a member of the Board, not being a part-time member of the Board-at the rate of Twenty-eight dollars per day;
(aa) in the case of the General Manager of the Commission-at the rate of Thirty-four dollars per day; or
(b) in any other case-at the rate of Twenty-eight dollars per day.(3) Where a person to whom this regulation applies performs duties outside Australia and the Territories of the Commonwealth, he is entitled to be paid such allowances as he would be entitled to be paid-
(a) in the case of a member of the Board, not being a part-time member of the Board-if he were an officer of the Public Service of the Commonwealth and were included in the Second Division; or
(b) in any other case-if he were a Permanent Head of a Department and in receipt of salary equal to the salary payable to the Director-General of Posts and Telegraphs.(4) A person to whom this regulation applies who is entitled to be paid travelling allowance in respect of a period under the last preceding sub-regulation is not entitled to be paid travelling allowance in respect of that period under sub-regulation (2) of this regulation.
(5) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
BROADCASTING AND TELEVISION REGULATIONS - SCHEDULE SCH
THE SCHEDULE
Regulation 20
PRESCRIBED CASES IN WHICH REFUNDS OF
LICENCE FEES MAY BE MADE
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Item No. Prescribed Cases
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SURRENDER OF BROADCAST LISTENER'S LICENCES
1. Where-
(a) the licence was granted to the person surrendering it;
(b) another broadcast listener's licence or a combined receiving
licence has been granted to that person or to a member of his family;
(c) the address specified in the surrendered licence is the address
specified in the other licence or the combined receiving licence; and
(d) the whole or any part of the period for which the surrendered
licence is granted is covered by the period for which the other
licence or the combined receiving licence is granted.
2. Where the licence was granted to a pensioner referred to in
sub-section (3) of section 128 of the Act and the fee paid on the
licence being granted was the fee specified in paragraph (a) or
paragraph (b) of sub-section (1) of that section.
2A. Where the licence was granted not more than nine months before the
surrender of the licence and the holder became, after the grant of the
licence, entitled to be granted a licence upon payment of the fee
specified in sub-section (3) of section 128 of the Act.
3. Where the address specified in the licence is an address in Zone 2 and
the fee paid on the licence being granted was the fee specified in
paragraph (a) of sub-section (1) of section 128 of the Act.
4. Where-
(a) the licence was granted not more than nine months before the
surrender of the licence; and
(b) the holder of the licence or a member of his family-
(i) no longer has in his possession at the address specified in
the licence; and
(ii) no longer has installed in a vehicle which is ordinarily in
the possession of the holder of the licence or a member of his family,
being a vehicle that is, while not in use, ordinarily kept at the
address specified in the licence,
a broadcast receiver (other than a broadcast receiver that is,
under sub-section (4) of section 126A of the Act, deemed to be a
receiver to which a broadcast listener's licence applies).
5. Where the licence was granted not more than nine months before the
date of the surrender and the holder of the licence has changed his
address from the address specified in the licence to the address
specified in a broadcast listener's licence or a combined receiving
licence granted to a member of the family of the person.
6. Where-
(a) the licence was granted to the person surrendering it;
(b) the only broadcast receiver to which the licence applied is a
receiver placed, for demonstration purposes, at the address specified
in the licence on or after the date on which the licence was granted;
and
(c) that broadcast receiver was returned to the owner of the
receiver within the period of seven days after it was so placed if the
address specified in the licence is within twenty miles from a General
Post Office in the capital city of a State, or within a period of
fourteen days if the address specified in the licence is elsewhere.
SURRENDER OF TELEVISION VIEWER'S LICENCES
7. Where-
(a) the licence was granted to the person surrendering it;
(b) another television viewer's licence or a combined licence has
been granted to that person or to a member of his family;
(c) the address specified in the surrendered licence is the address
specified in the other licence or the combined receiving licence or is
the address to which the address specified in the other licence or the
combined licence has been, or has been deemed to have been, altered;
and
(d) the whole or any part of the period for which the surrendered
licence is granted is covered by the period for which the other
licence or the combined receiving licence is granted.
8. Where the licence was granted to a pensioner referred to in
sub-section (3) of section 128 of the Act and the fee paid on the
licence being granted was the fee specified in sub-section (1A) of
that section.
8A. Where the licence was granted not more than nine months before the
surrender of the licence and the holder became, after the grant of the
licence, entitled to be granted a licence upon payment of the fee
specified in sub-section (3A) of section 128 of the Act.
9. Where-
(a) the licence was granted not more than nine months before the
surrender of the licence; and
(b) the holder of the licence or a member of his family-
(i) no longer has in his possession at the address specified in
the licence; and
(ii) no longer has installed in a vehicle which is ordinarily in
the possession of the holder of the licence or a member of his family,
being a vehicle that is, while not in use, ordinarily kept at the
address specified in the licence,
a television receiver (other than a television receiver that is,
under sub-section (4) of section 126A of the Act, deemed to be a
receiver to which a television viewer's licence applies).
10. Where the licence was granted not more than nine months before the
date of the surrender and the holder of the licence has changed his
address from the address specified in the licence to the address
specified in a television viewer's licence or a combined receiving
licence granted to a member of the family of the person.
11. Where-
(a) the licence was granted to the person surrendering it;
(b) the only television receiver to which the licence applied is a
receiver placed, for demonstration purposes, at the address specified
in the licence on or after the date on which the licence was granted;
and
(c) that television receiver was returned to the owner of the
receiver within the period of seven days after it was so placed if the
address specified in the licence is within twenty miles from a General
Post Office in the capital city of a State, or within a period of
fourteen days if the address specified in the licence is elsewhere.
SURRENDER OF COMBINED RECEIVING LICENCES
12. Where-
(a) the licence was granted to the person surrendering it;
(b) another combined receiving licence has been granted to that
person or to a member of his family;
(c) the address specified in the surrendered licence is the address
specified in the other licence; and
(d) the whole or any part of the period for which the surrendered
licence is granted is covered by the period for which the other
licence is granted.
13. Where the licence was granted to a pensioner referred to in
sub-section (3) of section 128 of the Act and the fee paid on the
licence was the fee specified in sub-section (1B) of that section.
13A. Where the licence was granted not more than nine months before the
surrender of the licence and the holder became, after the grant of the
licence, entitled to be granted a licence upon payment of the fee
specified in sub-section (3B) of section 128 of the Act.
14. Where-
(a) the licence was granted not more than nine months before the
surrender of the licence; and
(b) the holder of the licence or a member of his family-
(i) no longer has in his possession at the address specified in
the licence; and
(ii) no longer has installed in a vehicle which is ordinarily in
the possession of the holder of the licence or a member of his family,
being a vehicle that is, while not in use, ordinarily kept at the
address specified in the licence,
any broadcast receiver and any television receiver (other than a
receiver that is, under sub-section (4) of section 126A of the Act,
deemed to be a receiver to which a broadcast listener's licence or a
television viewer's licence, as the case requires, applies).
15. Where the licence was granted not more than nine months before the
date of surrender and the holder of the licence disposes of-
(a) the broadcast receiver or each of the broadcast receivers; or
(b) the television receiver or each of the television receivers,
to which the licence applies.
16. Where the licence was granted not more than nine months before the
date of the surrender and the holder of the licence has changed his
address from the address specified in the licence to the address
specified in a broadcast listener's licence, in a television viewer's
licence or in a combined receiving licence granted to a member of the
family of the person.
SURRENDER OF BROADCAST LISTENER'S LICENCE, TELEVISION VIEWER'S
LICENCE OR COMBINED RECEIVING LICENCE
17. Where the licence was granted to a person not more than nine months
before the date of the surrender and the person to whom the licence
was granted furnishes, at the time of the surrender, to the officer to
whom the licence is surrendered a statement that he has left, or will
be, within seven days after the surrender, leaving, Australia, that
his absence from the Commonwealth will be for a continuous period of
not less than six months and that no person will use a broadcast
receiver or a television receiver to which the licence applies during
the period that the person will be absent from Australia.
18. Where the licence has been granted on payment of the prescribed fee to
a person to whom regulation 6 of these Regulations applies or to a
blind person over the age of sixteen years or to a person or
authority, approved by the Minister for the purposes of regulation 9
of these Regulations, as person or authority conducting a school.
19. Where the licence was granted not more than nine months before the
date of the death of the person to whom it was granted.
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