AUSTRALIAN BROADCASTING COMMISSION.
No. 59 of 1940.
An Act to amend section twenty-six of the Australian Broadcasting Commission Act 1932.
[Assented to 22nd August, 1940.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Australian Broadcasting Commission Act 1940.
(2.) The Australian Broadcasting Commission Act 1932, as amended by this Act, may be cited as the Australian Broadcasting Commission Act 1932-1940.
Commencement.
2. This Act shall come into operation on the first day of September, One thousand nine hundred and forty.
Australian Broadcasting Commission Fund.
3. Section twenty-six of the Australian Broadcasting Commission Act 1932 is amended by omitting sub-section (2.) and inserting in its stead the following sub-sections:—
“(2.) The amount referred to in the last preceding sub-section shall, in respect of the licence fee received in respect of each broadcast listener’s licence in force on or after the first day of September, One thousand nine hundred and forty, be the aggregate of the following amounts:—
(a) One shilling for each calendar month prior to that date during which the licence was in force; and
(b) Tenpence for each calendar month after the thirty-first day of August, One thousand nine hundred and forty, during which the licence is in force.
“(2a.) For the purposes of the last preceding sub-section, every broadcast listener’s licence shall be deemed to have been issued, on the first day of the calendar month of issue and to cease to be in force on the expiration of the period of twelve calendar months commencing on that day.”.
Overview
The Australian Broadcasting Commission Act 1940, assented to on 22nd August 1940, was enacted by the Parliament of Australia to amend section twenty-six of the Australian Broadcasting Commission Act 1932. This Act primarily addresses the adjustment of the financial contributions from broadcast listener’s licences to the Australian Broadcasting Commission Fund, which was necessary to reflect changes in the economic environment and administrative practices of the time. By revising the fee structure and the calculation method for licence fees, the Act aimed to ensure the financial sustainability of the broadcasting commission while aligning with the evolving broadcasting needs of the nation. The policy objective, although not explicitly stated, is to provide a stable and predictable funding mechanism for the Australian Broadcasting Commission through the amendment of licence fee structures.
Scope and Application
The Australian Broadcasting Commission Act 1940 amends the Australian Broadcasting Commission Act 1932, specifically targeting section twenty-six to modify the provisions regarding the Australian Broadcasting Commission Fund. This Act applies to the Australian Broadcasting Commission and its operations, particularly in relation to broadcast listener’s licences. Geographically, its reach is limited to the Commonwealth of Australia, meaning it applies nationwide. The Act introduces new rates for licence fees, setting a fee of one shilling per calendar month for periods prior to 1 September 1940 and ten pence per calendar month thereafter. The Act does not explicitly mention exclusions or exemptions, but its application is implicitly limited to broadcast listener’s licences issued on or after the commencement date of 1 September 1940. The application of the Act may be extended or restricted through subordinate instruments, although the primary text does not provide specific details on such extensions or restrictions.
Key Provisions
The Australian Broadcasting Commission Act 1940 (sections 1-3) provides an amendment to section twenty-six of the Australian Broadcasting Commission Act 1932. The primary change introduced by this Act is the modification of the licensing fees for broadcast listener’s licences. Specifically, section three replaces subsection (2) of the original Act to set the fee at one shilling per month for periods prior to September 1, 1940, and ten pence per month for periods after August 31, 1940. Additionally, it mandates that each licence is deemed to be issued at the start of the month and expires twelve months from that date.
In terms of obligations, the Act imposes clear requirements on the Australian Broadcasting Commission (ABC) regarding the calculation and collection of licence fees. The amendment to section twenty-six necessitates that the ABC adjust its fee structure based on the specified monthly rates. This involves the recalibration of financial records and communications to listeners to ensure they are aware of the updated fee structure. The Act also requires that the ABC maintain accurate records of when each licence was issued and when it expires, to correctly apply the relevant fees.
Failure to comply with the provisions set forth in this Act can result in legal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of licensing and fee regulations could potentially lead to enforcement actions under broader broadcasting laws. The implications of such breaches might include administrative penalties, fines, or other corrective measures imposed by relevant authorities to ensure adherence to the prescribed fee structure and licensing conditions.