Broadcasting Council Regulations (Cth)

Statutory Rules

1981 No. 107

REGULATIONS UNDER THE BROADCASTING AND TELEVISION ACT 1942*

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.

Dated this fourteenth day of May 1981.

STANLEY BURBURY

Administrator

By His Excellency's Command,

IAN SINCLAIR

Minister of State for Communications

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BROADCASTING COUNCIL REGULATIONS

Citation

1. These Regulations may be cited as the Broadcasting Council Regulations.

Interpretation

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

"Chairman " means the Chairman of the Council;

"Council" means the Broadcasting Council established by these Regulations;

"member " means a member of the Council;

"the Act" means the Broadcasting and Television Act 1942.

Establishment of Council

3. There is hereby established a body known as the Broadcasting Council

Powers of Council

4. The Council may do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of the functions conferred on it by the Act or these Regulations.

 

* Notified in the Commonwealth of Australia Gazette on 20 May 1981.

 

Functions of Council

5. The functions of the Council are—

(a) from time to time, to take part in consultations with the Minister in accordance with sub-section 111C (2) of the Act;

(b) to consider matters referred to it from time to time by the Minister; and

(c) to consider such matters relating to the development of broadcasting and television services in Australia as may be raised from time to time by a member.

Membership of Council

6. (1) The Council shall consist of the Chairman, and 7 other members, appointed by the Minister.

(2) Of the members other than the Chairman—

(a) 2 shall have been nominated by the Commission;

(b) one shall have been nominated by the Service;

(c) one shall have been nominated by the body known as the Federation of Australian Radio Broadcasters;

(d) one shall have been nominated by the body known as the Federation of Australian Commerical Television Stations;

(e) one shall have been nominated by the body known as the Public Broadcasting Association of Australia; and

(f) one shall have been nominated by the Department of Communications.

(3) The performance of the functions or the exercise of the powers of the Council is not affected by reason of there being a vacancy or vacancies in the membership of the Council.

(4) The appointment of a member is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in, or in connection with, his selection or appointment.

Term of office of Chairman and members

7. The Chairman and each other member shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

Deputies of members

8. (1) A member other than the Chairman may, with the approval of the Minister, appoint a person to be his deputy.

(2) A member shall not appoint as his deputy a person other than a person approved by the body by whom the member was nominated.

(3) A member may revoke the appointment of a person as his deputy, but the revocation is not effective until the member has given notice of it in writing to the Minister.

(4) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Council, to attend the meeting and, when so attending, shall be deemed to be a member.

Resignation of members

9. (1) A member may resign his office by writing under his hand delivered to the Minister.

(2) The deputy of a member may resign his office by writing under his hand delivered to the member.

(3) A member whose deputy resigns in accordance with sub-regulation (2) shall forthwith give notice of the resignation, in writing, to the Minister.

Termination of appointments

10. Where the body by whom the member was nominated notifies the Minister in writing that it is no longer desired to retain the member as a nominee of the body, the Minister shall terminate the appointment of the member.

Meetings of the Council

11. (1) Subject to this regulation, meetings of the Council shall be held at such times and places as the Council from time to time determines, but so that not less than 6 meetings are held in each year.

(2) The Chairman may at any time convene a meeting of the Council.

(3) At a meeting of the Council, 5members constitute a quorum.

(4) The Chairman shall preside at meetings at which he is present.

(5) In the event of the absence of the Chairman, the members present shall appoint one of their number to preside at the meeting.

(6) The Council shall keep a record of its proceedings.

(7) Subject to the preceding provisions of this regulation, the procedure at meetings of the Council shall be as determined by the Council.

Reports

12. (1) The Chairman shall, as soon as practicable after a meeting of the Council, furnish a report to the Minister concerning the meeting.

(2) A report referred to in sub-regulation (1) shall—

(a) be in writing;

(b) where the members were not in agreement concerning a matter—set out the differing points of view of the members; and

(c) be presented by the Chairman to the next succeeding meeting of the Council.

Advisers

13. (1) A member of the Council may, from time to time, as occasion requires, be accompanied at a meeting of the Council by a person approved by the body by whom the member is nominated.

(2) A person accompanying a member at a meeting—

(a) may advise the member on matters raised at the meeting; and

(b) may, with the approval of the meeting, address the meeting.