Broadcasting and Television Act 1964

Legislation au C1964A00067 Not in force Act

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BROADCASTING AND TELEVISION.

No. 67 of 1964.

An Act to amend the Broadcasting and Television Act 1942-1963 in relation to licences for Broadcast Receivers and Television Receivers.

[Assented to 30th September, 1964.]

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 1964.

(2.) The Broadcasting and Television Act 1942-1963 is in this Act referred as to the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Broadcasting and Television Act 1942-1964.

Commencement.

2.—(1.) The last preceding section, this section and sub-sections (1.) and (2.) of section seven of this Act shall come into operation on the first day of October, One thousand nine hundred and sixty-four.

(2.) The remaining provisions of this Act shall come into operation on such later date as is fixed by Proclamation.

Interpretation.

3. Section four of the Principal Act is amended by inserting in sub-section (1.), after the definition of “member”, the following definition:—

“‘member of his family’, in relation to a person, means a person who is related by blood or marriage, or by reason of adoption, to that person;”.

Broadcast listener’s licence.

4. Section one hundred and twenty-five of the Principal Act is amended by omitting sub-section (10.).

Television viewers’ licences.

5.—(1.) Section one hundred and twenty-six of the Principal Act is amended—

(a) by inserting after sub-section (1.) the following sub-sections:—

“(1a.) Where a person applies for the grant, or for the renewal, of a television viewer’s licence in respect of an address in Zone 1, the person may be required to furnish to an officer of the Postmaster-General’s Department, before the licence or the renewal is granted, a statement in writing signed by him—

(a) that, to the best of his knowledge—

(i) neither he nor a member of his family has in his possession a broadcast receiver which is ordinarily kept at that address; and

(ii) no broadcast receiver is installed in any vehicle which is ordinarily in the possession of that person, or of a member of his family, and is ordinarily kept at that address while not in use; or

(b) that a member of his family is the holder of a broadcast listener’s licence in force under this Act in respect of that address.

“(1b.) For the purposes of such a statement, there shall be disregarded—

(a) any broadcast receiver which is on hire (otherwise than under a hire-purchase agreement) to the person making the statement or to a member of his family; and

(b) any broadcast receiver to which, under sub-section (2.) of section one hundred and twenty-six b of this Act, a current lodging house licence is required to be attached.

“(1c.) A person shall not make a false statement for the purposes of sub-section (1a.) of this section.

Penalty: Twenty-five pounds or imprisonment for six months.

“(1d.) An offence against the last preceding sub-section shall be prosecuted summarily.”; and

(b) by omitting sub-section (10.).

(2.) Sub-section (1a.) of section one hundred and twenty-six of the Principal Act as amended by this Act does not apply in relation to the grant or renewal of a television viewer’s licence that is granted or renewed for a period commencing before the date on which the licence is granted or renewed and before the date of commencement of this section.

6.—(1.) After section one hundred and twenty-six of the Principal Act the following section is inserted:—

Combined receiving licence.

“126aa.—(1.) A combined receiving licence in accordance with a form determined by the Postmaster-General may be granted in respect of an address in Zone 1, on behalf of the Postmaster-General, at such Post Offices as the Postmaster-General determines, on payment of the prescribed fee.

“(2.) A combined receiving licence shall be granted for a period of twelve months (which may, in such cases as are prescribed, be a period commencing before the date on which the licence is granted), but may be renewed for successive periods of twelve months.

“(3.) A combined receiving licence is subject to such conditions as are prescribed.

“(4.) The address specified in a combined receiving licence may be altered, or shall be deemed to be altered, as prescribed.

“(5.) During the currency of a combined receiving licence, the licence applies to any broadcast receiver, and to any television receiver, which is—

(a) in the possession of the holder of the licence, or of a member of his family, at the address specified in the licence;

(b) in the possession of that holder, or of a member of his family, being a receiver which is ordinarily kept at that address; or

(c) installed in a vehicle which is ordinarily in the possession of that holder, or of a member of his family, and is ordinarily kept at that address while not in use.

“(6.) A broadcast receiver to which a combined receiving licence in force under this Act applies shall, for the purposes of sub-sections (6.), (7.) and (8.) of section one hundred and twenty-five of this Act, be deemed to be a broadcast receiver to which a broadcast listener’s licence in force under this Act applies.

“(7.) A television receiver to which a combined receiving licence in force under this Act applies shall, for the purposes of sub-sections (6.), (7.) and (8.) of the last preceding section, be deemed to be a television receiver to which a television viewer’s licence in force under this Act applies.”.

(2.) If, on the date of commencement of this section—

(a) a person is the holder of both a broadcast listener’s licence and a television viewer’s licence;

(b) a person is the holder of a broadcast listener’s licence and a member of his family is the holder of a television viewer’s licence; or

(c) a person is the holder of a television viewer’s licence and a member of his family is the holder of a broadcast listener’s licence,

and the same address is specified in both licences, a combined receiving licence shall not be granted in respect of that address to that person or a member of his family for a period that commences earlier than the end of the period for which the television viewer’s licence was granted.

(3.) For the purposes of the last preceding sub-section, a person may be regarded as the holder of a broadcast listener’s licence or a television viewer’s licence on the date of commencement of this section if, after that date, he is granted such a licence for a period that commences before that date.

Licence fees.

7.—(1.) Section one hundred and twenty-eight of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the words “lodging house licence”, the words “in respect of a broadcast receiver”;

(b) by omitting sub-section (1a.) and inserting in its stead the following sub-section:—

“(1a.) Subject to this section, the fee payable for a television viewer’s licence, a lodging house licence in respect of a television receiver or a renewal of any such licence is Six pounds.”; and

(c) by omitting from sub-section (3a.) the words “one-quarter of the fee otherwise payable” and inserting in their stead the words “a fee of One pound ten shillings”.

(2.) Where, on or after the date of commencement of the last preceding sub-section, a television viewer’s licence is granted or renewed for a period commencing before that date, the fee payable for the grant or renewal of the licence is the fee that would have been so payable if the licence had been granted or renewed on the date of the commencement of the period for which it is granted.

(3.) Section one hundred and twenty-eight of the Principal Act is amended—

(a) by omitting sub-sections (1b.) and (1c.) and inserting in their stead the following sub-sections:—

“(1b.) Subject to this section, the fee payable for a combined receiving licence or a renewal of any such licence is Eight pounds ten shillings.

“(1c.) Where—

(a) a combined receiving licence is granted to a person;

(b) the person or a member of his family is the holder of a broadcast listener’s licence or a television viewer’s licence in respect of the address specified in the combined receiving licence granted for a period that ends after the commencement of the period for which the combined receiving licence is granted; and

(c) the person surrenders the other licence to an officer of the Postmaster-General’s Department and, where a member of his family is the holder of the other licence, that member of his family consents in writing to the surrender,

the fee payable under the last preceding sub-section for the combined receiving licence shall be reduced by an amount that bears to the fee paid for the other licence the same proportion as the number of months (treating a part of a month as a month) in the unexpired period of the other licence, calculated as from the commencement of the period for which the combined receiving licence is granted, bears to twelve.

“(1d.) Where a broadcast listener’s licence or a television viewer’s licence is surrendered under the last preceding sub-section on the grant of a combined receiving licence—

(a) the broadcast listener’s licence or the television viewer’s licence, as the case may be, ceases

to have effect as from the commencement of the period for which the combined receiving licence is granted; and

(b) there shall be endorsed on the combined receiving licence a statement that the broadcast listener’s licence or the television viewer’s licence, as the case may be, was so surrendered.”;

(b) by omitting from sub-section (2.) the words “or a television viewer’s licence” and inserting in their stead the words “, a television viewer’s licence or a combined receiving licence”; and

“(3b.) A combined receiving licence, or a renewal of such a licence, may be granted, on payment of a fee of Two pounds, to a pensioner referred to in sub-section (3.) of this section.”.

Licences subject to Act.

8. Section one hundred and twenty-nine of the Principal Act is amended by inserting in sub-section (2.), after the words “television viewer’s licence,”, the words “a combined receiving licence,”.

Trial of offences.

9. Section one hundred and thirty-two of the Principal Act is amended—

(a) by inserting in sub-section (1a.), after the words “television viewer’s licence,”, the words “a combined receiving licence,”; and

(b) by inserting in sub-section (2.), after the word “may”, the words “, unless the contrary intention appears,”.

Evidence.

10. Section one hundred and thirty-three of the Principal Act is amended—

(a) by inserting in paragraph (a), after the word “licence”, the words “or a combined receiving licence”; and

(b) by inserting in paragraph (b), after the word “licence”, the words “or a combined receiving licence”.

Overview

The Broadcasting and Television Act 1964, enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, was introduced to amend the Broadcasting and Television Act 1942-1963 in relation to the licensing requirements for broadcast and television receivers. This Act aimed to streamline the licensing process and address the issue of overlapping licences for broadcast and television receivers. The policy objective was to simplify the licensing system by introducing a combined receiving licence, which would cover both types of receivers, thereby reducing the administrative burden on both the authorities and the public. The Act also introduced new requirements for television viewers' licences, ensuring that no individual or their family members had more than one receiver at an address without appropriate licensing. The Act's provisions were designed to come into effect in October 1964, with some sections having an earlier commencement date.

Scope and Application

The Broadcasting and Television Act 1964 amends the Broadcasting and Television Act 1942-1963, which it refers to as the Principal Act. The 1964 Act applies to persons and entities involved in the operation of broadcast receivers and television receivers within Australia. It primarily concerns the licensing of these devices, the requirements for obtaining a television viewer’s licence, and introduces a new combined receiving licence. The Act applies to all Australian states and territories as a Commonwealth Act. The Act imposes requirements on applicants for television viewer’s licences, mandating them to declare the possession of broadcast receivers and television receivers under specific conditions. The Act also introduces a penalty for making false statements in the context of these declarations. The combined receiving licence, which allows for the operation of both broadcast and television receivers under a single licence, is subject to specific conditions and fees. The Act provides for the reduction of fees if the holder surrenders an existing licence for a broadcast receiver or a television receiver upon obtaining the combined receiving licence. Offences under this Act are to be prosecuted summarily.

Key Provisions

The Broadcasting and Television Act 1964 introduces several significant changes and additions to the existing Broadcasting and Television Act 1942-1963. Firstly, Section 1 of this Act allows it to be cited as the Broadcasting and Television Act 1964, with the Principal Act now referring to the amended version of the earlier Act. Section 2 of the Act sets the date of operation for certain sections, with the primary sections coming into effect on the first day of October 1964, while other provisions will be fixed by Proclamation. Section 3 of the Act amends the definition of "member of his family" to include those related by blood, marriage, or adoption. Section 4 of the Act introduces new requirements for television viewers' licences in Zone 1, where applicants must provide a written statement to an officer of the Postmaster-General’s Department. This statement must confirm that neither the applicant nor a member of their family possesses a broadcast receiver at the address or that a member of their family holds a broadcast listener's licence for that address. The statement must also confirm that no broadcast receiver is installed in any vehicle ordinarily kept at the address while not in use. This section also prohibits making false statements, with penalties of up to £25 or six months' imprisonment. Section 5 further introduces a new combined receiving licence, which can be applied for at designated Post Offices and is subject to prescribed conditions and fees. The Act imposes obligations on individuals applying for or renewing television viewer's licences to provide accurate information about the possession of broadcast and television receivers. It also mandates the surrender of existing broadcast listener's or television viewer's licences when a combined receiving licence is granted, with a proportional reduction in fees based on the unexpired period of the surrendered licence. Additionally, the Act outlines specific fees for different types of licences, including reduced fees for pensioners. Section 9 of the Act specifies that offences under the new provisions are to be prosecuted summarily, while Section 10 amends the evidence requirements to include the new combined receiving licences. The Act ensures that all licences are subject to its provisions, as outlined in Section 8. Failure to comply with the Act's provisions or making false statements can result in civil or criminal penalties, including fines and imprisonment.

Area of Law: Broadcasting Law; Telecommunications Law
Instrument: Act
Concepts: Definitions & Interpretation; Licences & Registration; Offence Provisions; Penalties & Punishments

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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.

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