Television Regulations (Cth)

STATUTORY RULES.

1954. No..

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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 nineteenth day of October, 1954.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Postmaster-General.

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Television Regulations.

Citation.

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

Applications for licences for commercial television stations.

2.—(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 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.

3. 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.

Board may hold public inquiry.

4.—(1.) Before making its recommendations as to the exercise of those powers, the Board may, if it thinks fit, hold an inquiry into the applications referred to it by the Minister.

(2.) At an inquiry under the last preceding sub-regulation, 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.

(3.) Where—

(a) a person objects to giving 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,

 

* Notified in the Commonwealth Gazette on , 1954.

4446.––Price 3d. 10/22.9.1954.

 

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.

5. 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 published in such newspapers, and by such other means, as the Board thinks fit.

Power to examine upon oath.

6.—(1.) Any 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 by Counsel.

7. An applicant for a licence for a commercial television station and a witness appearing before the Board may, with the approval of the Board, be represented by a barrister, solicitor or agent who may examine witnesses and address the Board on behalf of the applicant or witness.

Protection of members of the Board.

8.—(1.) Each 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.

9.—(1.) 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, 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.

10.—(1.) The Board shall make, without regard to legal forms and solemneties, a thorough investigation into all matters relating to or arising from applications referred to it by the Minister.

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

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