Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment)
Statutory Rule No. 391 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 Australian Broadcasting Tribunal (Inquiries) Regulations (the Inquiry Regulations - Statutory Rules No. 100 of 1986) were amended by Statutory Rules No. 259 of 1990 (the amending regulations). The amending regulations extended the situations in which the Tribunal may terminate inquiries and made amendments consequential on provisions of the Broadcasting Legislation Amendment Act 1988.
It was discovered that there was a drafting error in the amending regulations. Paragraph 2(1)(c) of the amending regulations amended subparagraph 8(1)(a)(ii) of the Inquiry Regulations by inserting “a limited licence” after “than”. Subregulation 2(2) of the amending regulations amended subparagraph 8(1)(a)(ii) of the Inquiry Regulations by omitting “, other than a re-broadcasting licence or a retransmission licence”. The Attorney-General’s Department advised that the drafting error did not affect the Tribunal’s power to terminate inquiries relating to limited licences. However, Attorney-General’s also advised that in order to avoid the possibility of the drafting error being relied on as the basis for challenging Tribunal decisions relating to limited licences, the drafting error be rectified.
The amendment omits paragraph 8(1)(a) of the Inquiry Regulations and substitutes a new paragraph 8(1)(a) thereby correcting the drafting error. The new paragraph 8(1)(a) provides that the Tribunal may terminate an inquiry into the grant or renewal of a limited licence where the Tribunal is satisfied that no further investigation is necessary. The power to terminate such inquiries allows the Tribunal to better tailor an inquiry into the grant or renewal of a limited licence to the nature of the proposed service.
SR 338/90
Overview
The Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) Statutory Rule No. 391 of 1990 was issued by the Minister for Transport and Communications to correct a drafting error in the earlier 1990 amendments to the Australian Broadcasting Tribunal (Inquiries) Regulations. The problem addressed was an error in the previous regulations which could potentially have led to challenges against the Tribunal's decisions relating to limited licences. This amendment ensures the Tribunal can terminate inquiries into the grant or renewal of limited licences when satisfied that no further investigation is necessary. The objective of this legislative amendment was to rectify the drafting error to prevent any future challenges and maintain the integrity of the Tribunal's decision-making process.
Scope and Application
The Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) Statutory Rule No. 391 1990 applies to the Australian Broadcasting Tribunal (the Tribunal) and its procedures in relation to inquiries, particularly those concerning the grant or renewal of limited licences, as provided under the Broadcasting Act 1942. The regulation rectifies a drafting error identified in a previous amendment, ensuring that the Tribunal retains the authority to terminate inquiries into limited licence grants or renewals when deemed appropriate. This amendment applies nationally, affecting the operations of the Tribunal and any entities or persons involved in broadcasting services that require a limited licence. The scope of the regulation is confined to the procedural aspects of the Tribunal's inquiries, and it does not introduce any substantive changes to the licensing process itself or to the rights and obligations of licensees. The correction ensures that the Tribunal's procedural powers are not undermined and that its decisions are not challenged on the basis of the drafting error.
Key Provisions
The main operative sections of the Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) Statutory Rule No. 391 1990 pertain to the correction of a drafting error identified in the earlier amending regulations (Statutory Rules No. 259 of 1990). The drafting error involved a misinterpretation in the conditions under which the Australian Broadcasting Tribunal (the Tribunal) may terminate inquiries related to limited licences. The new regulation, section 8(1)(a), rectifies this by clarifying that the Tribunal can terminate an inquiry into the grant or renewal of a limited licence if it determines that no further investigation is necessary. This amendment aims to ensure that the Tribunal's power to terminate such inquiries aligns with the intended legislative framework, thereby allowing for more efficient and appropriate management of inquiries.
The obligations and requirements imposed by this amendment on the Tribunal primarily involve ensuring that any inquiry into the grant or renewal of a limited licence can be appropriately terminated if the Tribunal is satisfied that no further investigation is necessary. This includes the duty to assess the necessity of continuing an inquiry and to make a reasoned decision on whether further investigation is required. The Tribunal must also maintain records and justifications for its decisions to terminate inquiries, ensuring transparency and accountability in its proceedings. The regulation aims to streamline the inquiry process, allowing the Tribunal to focus its resources on cases where further investigation is genuinely required.
Breaches of the requirements set out in the amended regulation could lead to legal challenges to the Tribunal’s decisions. If the Tribunal fails to properly apply the conditions for terminating an inquiry, or if it acts without regard to the necessity of further investigation, it may face judicial review or other legal consequences. While the Statutory Rule itself does not explicitly state penalties for non-compliance, the underlying legislation, the Broadcasting Act 1942, and common law principles could be invoked in cases where the Tribunal's actions are deemed to be in breach of statutory requirements. Such breaches could result in the quashing of decisions, compensation to affected parties, and potential disciplinary action against responsible officials. The maximum penalties would depend on the specific legal actions taken and the jurisdiction of the courts involved.