Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment)

Overview

The Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) 1991 No. 488 was enacted to address the need for more efficient handling of inquiries related to the grant of supplementary radio licences in regional areas. This amendment to the Australian Broadcasting Tribunal (Inquiries) Regulations supplements changes to the Broadcasting Act 1942 introduced by the Broadcasting Amendment Bill (No 2) 1991. The objective of these legislative changes is to expedite the inquiry process for the grant of supplementary radio licences. The regulation was issued by the Authority of the Minister for Transport and Communications, reflecting a commitment to streamline broadcasting-related inquiries and improve the allocation of broadcasting resources in regional areas.

Scope and Application

The Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) 1991 No. 488 amends the existing regulations under the Broadcasting Act 1942 to streamline the inquiry process for the Australian Broadcasting Tribunal (the Tribunal) regarding the grant of supplementary radio licences in regional areas. The amendment allows the Tribunal discretion to terminate an inquiry into the grant of a supplementary radio licence under specific conditions, namely if there are no other applications for non-limited broadcasting licences with overlapping proposed service areas and if the Tribunal is satisfied that no further investigation is necessary based on the application and any related documents. These changes are designed to expedite the process of granting supplementary radio licences in regional areas, thereby enhancing the efficiency of the Tribunal’s operations in accordance with the legislative framework. The amendment applies nationally, as it is a Commonwealth regulation, impacting all entities involved in the broadcasting sector across Australia.

Key Provisions

The Australian Broadcasting Tribunal (Inquiries) Regulations (Amendment) 1991 No. 488 introduces changes to the existing regulations concerning the procedures and requirements for inquiries conducted by the Australian Broadcasting Tribunal (the Tribunal). This amendment is made under the authority granted by subsection 134(2A) of the Broadcasting Act 1942 (the Act), which allows the Governor-General to create regulations relating to inquiries. Specifically, subsection 17C(1) of the Act mandates that the Tribunal must hold an inquiry when it proposes to exercise any of its substantive powers, such as the grant and renewal of licences, as outlined in subsection 17A(2) of the Act. These inquiries must be conducted in accordance with the Regulations, as stipulated in subsection 17C(5) of the Act. Under the amended Regulations, the Tribunal is now granted a discretion to terminate an inquiry into the grant of a supplementary radio licence under certain conditions. The Tribunal can choose to terminate the inquiry if it does not have before it any other applications for non-limited broadcasting licences with a proposed service area that overlaps with the proposed service area of the supplementary licence. Additionally, the Tribunal must be satisfied, based on the application and any documents submitted in relation to the inquiry, that no further investigation is necessary into any matter relevant to the inquiry. This amendment aims to expedite the process of granting supplementary radio licences in regional areas, as part of a broader legislative effort to streamline broadcasting services. The amendment imposes specific obligations on the Tribunal, requiring it to ensure that any inquiry into the grant of a supplementary radio licence is conducted efficiently and effectively. The Tribunal must carefully consider the proposed service areas of all pending applications to determine whether an inquiry can be terminated without prejudice to other applicants. Furthermore, the Tribunal is tasked with making a reasoned decision on whether further investigation is necessary, based on the evidence and documentation presented. This requires a thorough review of the application and related documents to ascertain that all relevant matters have been adequately examined. Failure to adhere to the requirements set forth in the amended Regulations could lead to legal consequences. While the Regulations themselves do not explicitly outline specific penalties for non-compliance, breaches of the Tribunal's procedural obligations under the Act could result in legal challenges or judicial review. Such challenges could argue that the Tribunal failed to act within its statutory powers or did not properly consider relevant evidence. Additionally, the Broadcasting Act 1942 provides for various offences and penalties related to broadcasting activities, which could be invoked if the Tribunal's handling of an inquiry were found to have contravened broader statutory provisions. These potential consequences underscore the importance of the Tribunal adhering strictly to the procedural requirements outlined in the amended Regulations.