Broadcasting and Television Act 1961

Overview

The Broadcasting and Television Act 1961 was enacted by the Parliament of Australia to address the issue of broadcast and television receivers being let out on hire without the necessary licensing. This Act amends the Broadcasting and Television Act 1960 to introduce provisions for hirer’s licences for those who engage in the business of hiring out broadcast and television receivers. The policy objective of the Act is to ensure that all hired receivers are appropriately licensed and marked, thus maintaining compliance with the broadcasting regulations and avoiding any unauthorised broadcasting activities. The Act allows for the granting of hirer’s licences for periods not exceeding twelve months, which can be renewed, and it mandates that these licences must specify the number of receivers and the business address. The enforcement of these provisions ensures that all hired receivers comply with licensing requirements, thereby regulating the use of broadcast and television receivers in the context of hire businesses.

Scope and Application

The Broadcasting and Television Act 1961 applies to any person or entity that carries on a business of hiring out broadcast receivers or television receivers. The Act sets out the requirements for obtaining a hirer's licence, specifying that such a licence must be current and appropriate for the number of receivers being hired out. The Act applies to receivers that are marked in a prescribed manner or have an appropriate current hirer's licence attached, even if a broadcast listener's licence or television viewer's licence does not apply. The Act applies across the Commonwealth of Australia and is enforced by authorised officers. The Act may be further defined or modified by subordinate instruments, but no exclusions, exemptions, or thresholds are explicitly stated in the text. The Act amends the Broadcasting and Television Act 1960 by omitting references to hirer's licences in certain sections.

Key Provisions

The Broadcasting and Television Act 1961 (C1961A00032) primarily revises the licensing requirements for businesses that hire out broadcast or television receivers. Under Section 2(1), the Act introduces a new hirer's licence system. This licence must be granted to any person or business that lets out receivers on hire, unless exempted by specific provisions (Section 2(3)). The hirer's licence is issued by the Postmaster-General, specifies the number of receivers involved, and is valid for up to twelve months, with the option to renew (Section 2(5)). Each licence must detail the business address where the receivers are hired out and adhere to any prescribed conditions (Section 2(6)). The licence can be transferred with the approval of an authorized officer (Section 2(7)). Notably, if a receiver is already on hire and covered by a listener's or viewer's licence on the effective date of the Act, the new hirer's licence requirements do not apply until the existing licence expires or the receiver is no longer covered (Section 2(8)). The term "hire" excludes hire-purchase agreements, and "receiver" encompasses both broadcast and television receivers (Section 2(9)). The obligations imposed by the Act on businesses that hire out receivers include obtaining a current hirer's licence that matches the number of receivers they are hiring out (Section 2(3)(a)). Each receiver must be marked or labelled in a prescribed manner or have an appropriate current hirer's licence attached as specified (Section 2(3)(b)). Businesses must also ensure that each receiver is deemed to be covered by an appropriate listener's or viewer's licence if it is on hire and meets the marking or labelling requirements (Section 2(4)). Failure to comply with these obligations can result in legal penalties. The Act imposes penalties for non-compliance. Specifically, Section 2(3) states that any person carrying on a business of hiring out receivers without the appropriate current hirer’s licence is guilty of an offence. The precise nature of the penalties is not detailed in the provided excerpt, but typically, such offences could result in fines or other legal consequences as outlined in the broader legislative framework or subsequent amendments. The Act also allows for the transfer of hirer's licences, subject to approval from an authorized officer (Section 2(7)).