Television (Commercial Stations) Regulations (Cth)

STATUTORY RULES.

1955. No..

 

REGULATIONS UNDER THE TELEVISION ACT 1953.*

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 Television Act 1953.

Dated this tenth day of November, 1955.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Postmaster-General.

 

Television (Commercial Stations) Regulations.

Citation.

1. These Regulations may be cited as the Television (Commercial Stations) Regulations.

Repeal.

2. The Television Regulations (being Statutory Rules 1954, No. 106) are repealed.

Interpretation.

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

“ Australia ” includes the Territories of the Commonwealth ;

“ licence ” means a licence for a commercial television station ;

“ licensee ” means the holder of a licence.

(2.) For the purposes of these Regulations, a licensee shall be deemed to televise matter if he transmits that matter, or causes or permits that matter to be transmitted, from the television station to which his licence applies in the form of images or sound, or in the form of images and associated sound.

(3.) A reference in these Regulations to the renewal of a licence in respect of a television station shall be read as a reference to the grant of a licence in respect of that station to commence on the day after the date of expiration of the first-mentioned licence or on the day after the expiration of the licence granted upon a previous renewal of the first-mentioned licence.

 

* Notified in the Commonwealth Gazette on , 1955.

5332/55.—Price 5d. 9/14.10.1955.

Applications for licences for commercial television stations.

4.—(1.) The Minister may, by notice published in the Gazette, invite applications for the grant of licences for commercial television stations in a specified area.

(2.) The Minister may, in the notice, specify the number of licences which he proposes to grant in respect of stations in the specified area.

(3.) An application for the grant of a licence shall be in accordance with a form approved by the Minister and shall be made in such manner, and within such time, as the Minister specifies in the notice.

Reference of applications to the Board.

5.—(1.) The Minister may refer applications made in pursuance of the last preceding regulation to the Board for its recommendations as to the exercise by him of the powers conferred by sub-section (1.) of section 4 of the Television Act 1953.

(2.) Before making its recommendations as to the exercise of those powers, the Board may, if it thinks fit, hold an inquiry in accordance with these Regulations into the applications referred to it by the Minister.

Fee for grant of licence.

6. The fee payable in respect of the grant of a licence is One hundred pounds.

Duration of licences.

7. Subject to these Regulations, a licence continues in force—

(a)in the case of a licence granted otherwise than by way of the renewal of a licence—for a period of five years commencing on a date specified in the licence ; and

(b) in the case of a licence granted by way of the renewal of a licence—for a period of one year commencing on the day after the date of expiration of the last previous licence in respect of the television station.

Renewal of licences.

8.—(1.) An application for the first renewal of a licence shall be made not less than six months before the expiration of the licence.

(2.) An application for the renewal of a licence, other than the first renewal, shall be made not less than three months before the expiration of the licence granted upon the last previous renewal.

(3.) When an application for the renewal of a licence is duly made, the Minister shall—

(a) refer the application to the Board; and

(b) if he thinks that there may be grounds for refusing the application, direct the Board to hold an inquiry into the application in accordance with these Regulations, specifying those grounds in the direction.

(4.) Where an application is referred to the Board under this regulation, the Board shall—

(a) if the Minister has not directed that an inquiry into the application be held and the Board is satisfied that the application should be granted—make a recommendation to the Minister that the application be granted ; or

 

(b)if the Minister has given such a direction or the Board is not so satisfied—

(i) hold an inquiry into the application in accordance with these Regulations ; and

(ii) make a report on the inquiry, with a recommendation on the application, to the Minister.

(5.) Where an inquiry is to be held under this regulation into an application—

(a)the Board shall inform the applicant of the possible grounds for refusal of the application that have been specified in the direction (if any) of the Minister and of any other grounds for refusing the application that the Board thinks may exist ; and

(b) the inquiry shall not extend to any other possible grounds for refusing the application.

(6.) The Minister shall not refuse an application under this regulation—

(a) unless he has received a report from the Board upon an inquiry into the application; or

(b) otherwise than on a specified ground, being a ground to which the inquiry extended,

Suspension and revocation of licences.

9.—(1.) The Minister may, by notice in writing to the licensee, suspend or revoke a licence where he is satisfied that one of the following grounds exists, namely :—

(a) that the licensee has failed to comply with a provision of the Television Act 1953 or of these Regulations;

(b) that a condition of the licence has not been complied with ; or

(c) that it is advisable in the public interest, for a specified reason, to do so.

(2.) The Minister shall not suspend a licence on any ground unless—

(a) he has first given not less than three days’ notice to the licensee of his intention to suspend the licence upon that ground ; and

(b)he has taken into consideration any action taken by the licensee to remove that ground or to prevent the recurrence of similar grounds.

(3.) The suspension of a licence may be expressed to be for a specified period, but the period shall not be more than one month.

(4.) A suspension of a licence that isnot expressed to be for a specified period ceases to have effect at the end of a period of one month after the day on which the suspension commences unless the Minister has, before the expiration of that period, given notice to the licensee of his intention to consider the revocation of the licence, and, where such a notice is given, the suspension continues, unless sooner revoked by the Minister, until the Minister has decided whether the licence is to be revoked.

(5.) A person is not entitled to compensation from the Commonwealth by reason of the suspension or revocation of a licence.

(6.) During the period of suspension of a licence, the licence has no force or effect, but the period of currency of the licence continues to run.

 

Procedure for revocation.

10.—(1.) The Minister shall not revoke a licence upon any ground unless he has first received a report from the Board upon an inquiry by the Board under this regulation in relation to that ground.

(2.) Where it appears to the Board, or the Minister notifies the Board that it appears to him, that the Minister should consider revoking a licence upon a particular ground the Board shall—

(a) hold an inquiry in accordance with these Regulations into the question whether facts exist by reason of which the licence is liable to revocation on that ground ; and

(b) make a report on the inquiry, with a recommendation as to whether the licence should be revoked, to the Minister.

Transfer of licences.

11.—(1.) A licensee may, with the consent in writing of the Minister, but without that consent shall not, transfer the licence or admit another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence.

(2.) Where, with the consent in writing of the Minister, a licensee transfers his licence to another person, that person shall be deemed to become the licensee to the exclusion of the former holder.

(3.) Where, with the consent in writing of the Minister, a licensee admits another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence, the application of the provisions of these Regulations relating to licensees extends to that person as if he were the licensee, and, subject to the next succeeding sub-regulation, any reference in these Regulations to a licensee shall be read as including a reference to that person.

(4.) The performance by the licensee or the other person referred to in the last preceding sub-regulation of an obligation imposed upon the licensee by the licence or by these Regulations shall, to the extent of that performance, be deemed to release both the licensee and that person from the obligation.

Variation of conditions of licence.

12.—(1.) The Minister may, during the currency of a licence, by notice in writing to the licensee, vary or revoke any of the conditions upon which the licence is granted (not being conditions applicable by virtue of these Regulations) or impose further conditions.

(2.) The Minister shall give not less than fourteen days’ notice in writing of his intention to vary or revoke a condition, or to impose a further condition, under the last preceding sub-regulation, and shall specify in the notice the variation proposed, or the condition to be revoked or imposed.

Commencement of service.

13. A licensee shall commence a service in accordance with the terms and conditions of the licence on such date as the Minister determines and notifies to the licensee.

Conditions as to share-holding where licence held by company.

14. Where a licence is held by a company having a share capital, the licence is subject to the following conditions :—

(a) at all times during the currency of the licence—

(i) shares representing not less than eighty per centum of the issued capital of the licensee will be beneficially owned by persons each of whom is either a resident of Australia (other than a

 

company) or a company controlled by persons (other than companies) who are residents of Australia ; and

(ii) shares representing more than fifteen per centum of the issued capital of the licensee will not be beneficially owned by a person (other than a company) who is not a resident of Australia or by a company controlled, directly or indirectly, by persons who are not residents of Australia ;

(b)the Chairman of Directors of the licensee or another director approved by the Minister, and the person holding or acting in the office of manager of the licensee or the office of secretary of the licensee, will make and lodge with the Secretary of the Board, within fourteen days after the end of the first period of six months of the currency of the licence, and within fourteen days after the end of each succeeding period of six months of the currency of the licence, a statutory declaration stating whether, to the best of his knowledge and belief, the last preceding paragraph has been complied with at all times during that period of six months, and stating what steps he has taken to ascertain whether that condition has been so complied with ; and

(c) substantial changes in the beneficial ownership of the shares in the company, or in the memorandum or articles of association of the company, will not take place without the approval of the Minister.

Televising of political and controversial matter.

15.—(1.) If, during an election period, a licensee televises matter of any of the following kinds, namely:—

(a) matter commenting on, or soliciting votes for, a candidate at the election ;

(b)matter commenting on, or advocating support of, a political party to which a candidate at the election belongs ;

(c) matter commenting on, stating or indicating any of the issues being submitted to the electors at the election or any part of the policy of a candidate at the election or of the political party to which such a candidate belongs ; and

(d) matter referring to meetings held or to be held in connexion with the election,

he shall afford equal opportunities for the presentation of matter of those kinds to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period.

(2.) Without prejudice to the last preceding sub-regulation, a licensee who televises views relating to a political or controversial subject shall afford reasonable opportunities for the presentation of opposing views.

(3.) A licensee shall not, at any time between the end of an election period and the close of the poll on the day on which the election is held, televise matter of any of the kinds specified in sub-regulation (1.) of this regulation.

(4.) A licensee shall not televise a dramatization of any political matter which is then current or was current at any time during the last five preceding years.

(5.) Nothing in this regulation requires a licensee to allocate time to a person free of charge.

(6.) In this regulation, “ election period ” means the period commencing on the day of the issue of the writ or writs for an election of a member or members of either House of the Parliament of the Commonwealth or of a State and ending at midnight on the Wednesday next preceding the day of the poll.

Televising of advertising matter.

16.—(1.) A licensee shall not televise advertisements unless he has first published a tariff of his advertising charges.

(2.) A licensee shall not, without reasonable cause, discriminate against any person applying for the use of his advertising service.

(3.) A licensee shall comply with such restrictions and requirements as the Board determines in relation to the televising of advertisements.

Televising of religious matter.

17. A licensee shall allocate to the televising of Divine Worship or other matter of a religious nature such periods as are determined by the Board and shall, if so directed by the Board, allocate all or any of those periods without charge.

Enquiries by Board.

18.—(1.) At an inquiry for the purposes of these Regulations, the Board may take evidence on oath and, except as provided by the next succeeding sub-regulation, the evidence at the inquiry shall be taken in public.

(2.) Where—

(a) a person objects to the giving of any evidence before the Board in public on the ground that the evidence is of a confidential nature ; and

(b) the Board is satisfied that the taking of the evidence in public would be prejudicial to the interests of any person,

the Board may direct that the evidence be taken in private and no person who is not expressly authorized by the Board to be present shall be present during the taking of that evidence.

Notice of time and place fixed for inquiries.

19. Where the Board proposes to hold an inquiry, the Board shall fix a time and place for the hearing of the inquiry and shall cause notice of the time and place so fixed to be given to such persons, and published in such newspapers and by such other means, as the Board thinks fit.

Power to examine upon oath.

20.—(1.) A member of the Board may administer an oath to a person appearing as a witness before the Board and that member or any other member of the Board may examine a witness upon oath.

(2.) Where a witness to be examined before the Board conscientiously objects to take an oath, he may make an affirmation that he so objects and that the evidence he will give will be the truth, the whole truth and nothing but the truth.

(3.) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

Representation before Board.

21. In proceedings before the Board under these Regulations, a licensee who is directly concerned in the proceedings, and, with the approval of the Board, any other person having an interest in the proceedings, may be represented by a barrister, solicitor or agent, who may examine witnesses and address the Board on behalf of the licensee or that person.

Protection of members of the Board.

22.—(1.) A member of the Board has, in the exercise of his functions as a member of the Board under these Regulations, the same protection and immunity as a Justice of the High Court.

(2.) A barrister or solicitor appearing before the Board, and every other person authorized by the Board to appear before it, has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(3.) A witness appearing before the Board has the same protection, and is subject to the same liabilities in any civil or criminal proceeding, as a witness in proceedings in the High Court.

Proceedings for defamation not to lie.

23. No action or proceeding, civil or criminal, lies—

(a) against the Commonwealth, against the Minister, against the Board, or against a servant or agent of the Commonwealth or the Board, in respect of the printing or publishing of a transcript of proceedings of the Board ; or

(b)in respect of the publication in a newspaper, or by means of broadcasting or televising, of a fair and accurate report of proceedings before the Board, not being a publication of any evidence taken in private by the Board.

Board not to be bound by rules of evidence.

24.—(1.) The Board shall make, without regard to legal forms and solemnities, a thorough investigation into all matters relevant to an inquiry under these Regulations.

(2.) The Board is not bound by legal rules of evidence and may inform itself on any matter in such manner as it thinks fit.

 

Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.