Broadcasting and Television Act 1963

Legislation au C1963A00082 Not in force Act

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BROADCASTING AND TELEVISION.

 

No. 82 of 1963.

An Act to amend the Broadcasting and Television Act 1942-1962 in relation to Television Translator Stations.

[Assented to 31st October, 1963.]

[Date of commencement, 28th November, 1963.]

BE it enacted by the Queen’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 Broadcasting and Television Act 1963.

(2.) The Broadcasting and Television Act 1942-1962 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Broadcasting and Television Act 1942-1963.

Parts.

2. Section three of the Principal Act is amended by inserting after the words—

“Division 5.—Programmes (Sections 99-105a).” the words—

“Division 5a.—Television Translator Stations (Sections 105b-105f).”.

Interpretation.

3. Section four of the Principal Act is amended—

(a) by adding at the end of the definition of “television station” in sub-section (1.) the words “,but does not include a television translator station”; and

(b) by inserting in sub-section (1.), after the definition of “television station”, the following definitions:—

“‘television translator station’ means a station for the transmission by means of wireless telegraphy of television programmes, being a station of low operating power and designed to receive and re-transmit signals from a television station, or from another television translator station, without substantially altering any characteristic of the signals other than their frequencies and amplitudes;

“‘television translator station licence’ means a licence for a television translator station;”.


4. After Division 5 of Part IV. of the Principal Act the following Division is inserted:—

“Division 5a.—Television Translator Stations.

Grant of television translator station licences.

“105b.—(1.) The Minister may, after receipt of a recommendation by the Board, grant to a person a licence for a television translator station upon such conditions, and in accordance with such form, as the Minister determines.

“(2.) The Board shall not recommend that a licence be granted for a television translator station if, in the opinion of the Board, satisfactory reception of television programmes from a commercial television station is being obtained in the area in which the signals from that television translator station are designed to be satisfactorily received.

“(3.) One of the conditions of the licence for a television translator station shall be that the station is operated only for the reception and re-transmission of the programmes of a specified commercial television station.

“(4.) The establishment, erection, maintenance and use of a television translator station in pursuance of a licence under this section shall be deemed not to be a contravention of the Wireless Telegraphy Act 1905–1950 or of the regulations under that Act.

Duration of licences.

“105c. Subject to this Act, a television translator station licence continues in force—

(a) in the case of a licence granted otherwise than by way of the renewal of a licence—for such period (not exceeding five years) as is specified in the licence; and

(b) in the case of a licence granted by way of the renewal of a licence—for a period of one year commencing on the day after the date of expiration of the last previous licence in respect of the station.

Revocation and suspension of licences.

“105d.—(1.) The Minister may, by notice in writing to the holder of a television translator station licence, suspend or revoke the licence where he is satisfied that either of the following grounds exists, namely:—

(a) that the holder has failed to comply with a provision of this Act or of the regulations in so far as that provision is applicable to the licence; or

(b) that a condition of the licence has not been complied with.

“(2.) The suspension of a licence shall be for a specified period not exceeding seven days.

Transfer of licences.

“105e. The holder of a television translator station licence may, with the consent in writing of the Minister, but without that consent shall not, transfer the licence.

Application of this Act in relation to television translator stations.

“105f. The provisions of Division 4 of this Part and of sections one hundred and seven to one hundred and eleven (inclusive) of this Act apply in relation to a television translator


station and the holder of a television translator station licence as they apply in relation to a commercial television station and the holder of a licence for a commercial television station.”.

Licences subject to Act.

5. Section one hundred and twenty-nine of the Principal Act is amended by inserting in sub-section (2.), after the word “includes”, the words “a television translator station licence,”.

Certain licences not to be issued under Wireless Telegraphy Act.

6. Section one hundred and thirty of the Principal Act is amended by inserting after the word “licence” (last occurring) the words “(including a television translator station licence)”.

Trial of offences.

7. Section one hundred and thirty-two of the Principal Act is amended by inserting in sub-section (1a.), after the word “includes”, the words” a television translator station licence,”.

Regulations.

8. Section one hundred and thirty-four of the Principal Act is amended by omitting the words “or television stations” and inserting in their stead the words television stations or television translator stations”.

 

Overview

The Broadcasting and Television Act 1963 was enacted by the Parliament of Australia to address the need for clearer regulations and licensing provisions for television translator stations. This Act amended the Broadcasting and Television Act 1942-1962, which had been in place for over two decades but lacked specific provisions for these stations. The policy objective of the Act was to provide a legal framework that would ensure the proper establishment, operation, and regulation of television translator stations, which are crucial for extending television signal coverage to areas not adequately served by primary television stations. The Act introduces provisions for the grant, duration, revocation, and transfer of television translator station licences, thereby ensuring that these stations operate within a regulated environment that supports their intended purpose of enhancing television signal reception.

Scope and Application

The Broadcasting and Television Act 1963 amends the Broadcasting and Television Act 1942-1962 to introduce provisions specific to Television Translator Stations (TTS). This Act applies to persons or entities seeking to establish and operate TTS, which are defined as stations designed to receive and re-transmit television signals from other stations without altering the characteristics of the signals, except for their frequencies and amplitudes. The Act applies nationally across Australia, with its provisions enforced within the Commonwealth jurisdiction. The Act includes exclusions such as the Board not recommending a TTS licence if satisfactory reception of television programmes from a commercial television station is already available in the area. Licences for TTS are subject to the Act's conditions and may be granted by the Minister based on a Board recommendation. These licences are valid for periods not exceeding five years for initial grants and one year for renewals. The Act allows for the suspension or revocation of TTS licences if the holder fails to comply with the Act's provisions or licence conditions. Licences can be transferred with the Minister's consent. The Act's provisions, including those related to the establishment, operation, and regulation of TTS, are supplemented by subordinate instruments which may further define operational standards and regulatory measures.

Key Provisions

The main operative sections of the Broadcasting and Television Act 1963 focus on the regulation of Television Translator Stations (Sections 105b-105f). Section 105b outlines the conditions under which a Minister can grant a licence for a television translator station, with the Board’s recommendation being a prerequisite unless satisfactory reception of television programmes is already available in the area. Section 105c details the duration of these licences, either for a specified period not exceeding five years or for one year if granted as a renewal. Section 105d provides the Minister with the authority to suspend or revoke a licence if the holder fails to comply with the Act or its regulations, or if a licence condition is breached. Section 105e allows for the transfer of a television translator station licence with the Minister’s written consent. Finally, Section 105f ensures that certain provisions of the Act apply to television translator stations and their licences in the same manner as they apply to commercial television stations. The Act imposes several obligations on the parties it governs. Licence holders must ensure that their television translator stations are operated only for the re-transmission of programmes from a specified commercial television station, as stipulated in Section 105b(3). They must also adhere to any conditions specified in their licence, as failure to do so can lead to suspension or revocation of the licence under Section 105d. Licence holders are required to maintain and use their stations in compliance with the Wireless Telegraphy Act 1905–1950, as detailed in Section 105b(4). Additionally, if a licence holder wishes to transfer their licence, they must obtain written consent from the Minister, as per Section 105e. Breaches of the Act can lead to various consequences. Section 105d(1) allows the Minister to suspend a licence for a specified period not exceeding seven days if the holder fails to comply with the Act or its regulations, or if a licence condition is not met. For more severe breaches, the Minister can revoke the licence entirely. The Act also specifies that offences related to television translator station licences are triable under Section 132, meaning they can be prosecuted in the same manner as other offences under the Act. Penalties for these offences are not explicitly stated in the provided sections, but they would typically follow the penalties outlined elsewhere in the Broadcasting and Television Act 1942-1963 or relevant regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.