EXPLANATORY STATEMENT
Australian Broadcasting Tribunal (Inquiries) Regulations
(Amendment)
Statutory Rule No. 259 of 1990
Issued by the Authority of the Minister for Transport and Communications
Subsection 134 (2A) of the Broadcasting Act 1942 (the Act) provides that the Governor-General may make regulations which “make provision for and in relation to inquiries, or any matter relating to inquiries” by the Australian Broadcasting Tribunal (the Tribunal). The Tribunal must hold an inquiry when it proposes to exercise one of its substantive powers (subsection 17C(1) of the Act), which are listed in subsection 17A(2) of the Act and include the powers to grant and renew licences. An inquiry into the exercise of a substantive power must be conducted in accordance with the Regulations (subsection 17C(5) of the Act).
The regulations amend the Australian Broadcasting Tribunal (Inquiries) Regulations (Statutory Rules 1986 No. 100). They extend the situations in which the Tribunal may terminate inquiries and make amendments consequential on provisions of the Broadcasting Legislation Amendment Act 1988.
Details of the amendments are as follows:
Principal Regulations
Clause 1 provides that the Principal Regulations are the Australian Broadcasting Tribunal (Inquiries) Regulations.
Disposal of certain matters
Paragraphs 2(1)(a), (d), (e) and (f) extend the inquiries which the Tribunal may terminate under regulation 8 of the Principal Regulations where the Tribunal is satisfied that it is not necessary to make further investigation. Along with inquiries initiated by applications, Tribunal-initiated inquiries may be terminated.
Paragraphs 2(1)(b) and (c) insert into regulation 8 of the Principal Regulations references to limited licences. The new limited licence category was introduced by the Broadcasting Legislation Amendment Act 1988 as a means of licensing a range of broadcasting services which do not have
public interest implications of the same magnitude as conventional forms of broadcasting. The Tribunal’s powers in relation to limited licences are substantive powers. The amendments allow the Tribunal to terminate an inquiry into the grant or renewal of a limited licence where it is satisfied that no further investigation is necessary. This provides the Tribunal with the ability to better tailor an inquiry into the grant or renewal of a limited licence to the nature of the proposed service.
Subclause 2(2) is a technical amendment to remove the reference in regulation 8 of the Principal Regulations to re-broadcasting and re-transmission licences which have been replaced by retransmission permits issued by the Minister through amendments contained in the Broadcasting Legislation Amendment Act 1988.
Public notice of inquiry
Clause 3 makes a technical amendment to regulation 9 consequential to the Broadcasting Legislation Amendment Act 1988-
Overview
The Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) Statutory Rule No. 259 of 1990, issued by the Authority of the Minister for Transport and Communications, amends the Australian Broadcasting Tribunal (Inquiries) Regulations 1986. The primary aim of these amendments is to address procedural and regulatory gaps identified in the conduct of inquiries by the Australian Broadcasting Tribunal under the Broadcasting Act 1942. Specifically, the amendments are designed to align the Tribunal’s practices with the legislative changes introduced by the Broadcasting Legislation Amendment Act 1988, which included the introduction of limited licences and the restructuring of certain licensing categories. The policy objective is to streamline the Tribunal's inquiry processes, ensuring they are efficient and appropriately tailored to the nature of the services under review, thereby enhancing the overall regulatory framework for broadcasting in Australia.
Scope and Application
The Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) Statutory Rule No. 259 of 1990 amends the Australian Broadcasting Tribunal (Inquiries) Regulations to align with the provisions of the Broadcasting Legislation Amendment Act 1988. The Act applies to the Australian Broadcasting Tribunal, which must hold inquiries when exercising substantive powers, such as granting and renewing broadcasting licences, in accordance with the regulations. The amended regulations extend the Tribunal’s authority to terminate certain inquiries where further investigation is deemed unnecessary, particularly in relation to limited licences introduced under the 1988 Amendment Act. This allows the Tribunal to better tailor its inquiries to the specific nature of the proposed broadcasting services. The regulations also remove references to re-broadcasting and re-transmission licences, reflecting changes introduced by the 1988 Amendment Act, where such licences are now managed through retransmission permits issued by the Minister. The amendments have a national reach, affecting all entities and persons subject to the Broadcasting Act 1942 across Australia.
Key Provisions
The main operative sections of the Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) Statutory Rule No. 259 of 1990 provide for the extension of the circumstances under which the Australian Broadcasting Tribunal (the Tribunal) can terminate inquiries, as well as making technical amendments consequential to the Broadcasting Legislation Amendment Act 1988. Specifically, clause 2 extends the ability of the Tribunal to terminate inquiries where it is satisfied that no further investigation is necessary, including for Tribunal-initiated inquiries and those concerning limited licences. Clause 3 makes a technical amendment to the regulation concerning public notice of an inquiry to reflect changes introduced by the Broadcasting Legislation Amendment Act 1988.
The amendments impose obligations on the Tribunal to ensure that it conducts inquiries in a manner that is efficient and appropriate to the nature of the proposed service. The Tribunal must terminate an inquiry if it determines that no further investigation is necessary, which allows the Tribunal to tailor its inquiries according to the specifics of each case. This includes the ability to terminate inquiries related to limited licences, which are a new category of broadcasting services introduced by the Broadcasting Legislation Amendment Act 1988.
Breaching these provisions could lead to significant consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed within the explanatory statement, it is reasonable to infer that any failure to adhere to the regulations governing the conduct of inquiries could be subject to scrutiny and potential legal action. This might include challenges to the validity of decisions made in the course of an inquiry, which could ultimately lead to the Tribunal’s decisions being overturned or required to be remade. The penalties for such breaches would likely be determined by the courts, taking into account the severity and impact of the non-compliance on the fairness and integrity of the inquiry process.