Broadcasting and Television Act 1965

Legislation au C1965A00038 Not in force Act

Legislation content

Broadcasting and Television

No. 38 of 1965

An Act to amend the Broadcasting and Television Act 1942-1964.

[Assented to 2 June, 1965]

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 1965.


(2.) The Broadcasting and Television Act 1942-1964 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 1942-1965.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Parts.

3. Section 3 of the Principal Act is amended—

(a) by omitting the word and figures “Sections 91-92k” and inserting in their stead the word and figures “Sections 91-92ka”; and

(b) by omitting the word and figures “Sections 99-105A” and inserting in their stead the word and figures “Sections 99-105”.

Powers and functions of Board.

4. Section 16 of the Principal Act is amended—

(a) by adding at the end of paragraph (d) of sub-section (3.) the word “and”; and

(b) by omitting paragraph (e) of that sub-section.

Orders, &c of the Board.

5. Section 17 of the Principal Act is amended by omitting from sub-section (3.) all the words before the word “shall” and inserting in their stead the words “Sections forty-eight, forty-nine and forty-nine a of the Acts Interpretation Act 1901-1964”.

Board may hold inquiries.

6. Section 18 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(2.) The Minister may direct the Board to hold an inquiry in accordance with this Division into any matter relating to the operation of this Act or the regulations, or to broadcasting or television or both, other than a matter relating to the Commission, its affairs or operations, and the Board shall hold an inquiry accordingly.

“(3.) A reference in this section to this Act shall be read as including a reference to the regulations.”.

7. Division 3 of Part IV. of the Principal Act is repealed and the following Division inserted in its stead:—

“Division 3.—Limitation of Ownership or Control of Commercial Television Stations.

Interpretation.

“91.—(1.) In this Division, unless the contrary intention appears—

‘control’ includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights;


‘debentures’, in relation to a company, includes mortgages, and instruments charging, or giving rise to a charge on, assets of the company, to secure the payment of moneys by the…

Overview

The Broadcasting and Television Act 1965, enacted by the Australian Parliament, serves to amend the Broadcasting and Television Act 1942-1964, aiming to address the evolving landscape of broadcasting and television in Australia. This legislation introduces measures to regulate the ownership and control of commercial television stations, ensuring that no single entity monopolizes broadcasting capabilities. The Act empowers the relevant Board to hold inquiries, investigate broadcasting operations, and take necessary actions to prevent undue concentration of control. By imposing limits on the number of licenses a single entity can hold and mandating residency conditions for shareholders, the Act seeks to maintain a competitive and diverse broadcasting environment that serves the public interest. The policy objective is to prevent monopolistic practices and ensure that broadcasting remains accessible and representative of the public's diverse interests.

Scope and Application

The Broadcasting and Television Act 1965 applies to individuals and entities involved in the operation of commercial broadcasting and television stations in Australia. Specifically, the Act regulates the ownership and control of commercial television stations, ensuring compliance with prescribed interests in licences, and governs the structure and operations of companies holding these licences. It extends its jurisdiction throughout the Commonwealth of Australia and includes provisions for subordinate instruments to further detail and enforce its mandates. The Act imposes restrictions on the number of licences a single entity can control and mandates that a majority of shares in licensee companies must be held by Australian residents or companies controlled by Australian residents. Additionally, it outlines conditions under which changes in ownership or control of these entities must be reported and potentially approved by the Minister. The Act also includes provisions for the enforcement of these regulations, including penalties for non-compliance and the authority for the Board to require declarations of beneficial ownership. The Act does not apply to non-commercial broadcasters or to content not intended for broadcast or television.

Key Provisions

  • The Broadcasting and Television Act 1965 (C1965A00038) amends the Broadcasting and Television Act 1942-1964, introducing new provisions and modifying existing ones to better regulate broadcasting and television operations in Australia. Key sections include the definition of terms such as "control," "interest," and "licence" (sections 91-92), the limitation of ownership and control of commercial television stations (section 92), and the requirement for shareholding interests to be beneficially owned by Australian residents or Australian-controlled companies (section 92d). The Act also mandates that the articles of association of a company holding a licence must include provisions to prevent contraventions of certain sections and require statutory declarations from the company's directors and officers (sections 92g and 92h). Additionally, it imposes penalties for contraventions, including fines and the possibility of ceasing to hold certain interests in a company (sections 92, 92f, and 92k).
  • The Act imposes several obligations on parties and entities it governs. For example, it restricts individuals from holding prescribed interests in multiple commercial television licences and from being directors of companies that collectively control multiple licences (sections 92 and 92c). It also mandates that companies holding licences must obtain approval for changes to their memorandum or articles of association (section 92fa). Furthermore, the Act requires companies to submit statutory declarations regarding compliance with certain provisions and beneficial ownership of shares or debentures (sections 92h and 92ja).
  • Offences under the Act include holding prohibited interests in multiple licences, being a director of companies that collectively control multiple licences, and failing to comply with conditions regarding shareholding interests and statutory declarations. The penalties for these offences range from fines up to £1,000 plus additional daily fines for ongoing contraventions to specific directions to cease holding certain interests (sections 92, 92c, 92f, and 92k). Prosecutions for offences under this Act are to be brought in the Commonwealth Industrial Court, which has jurisdiction to hear and determine such cases (section 92ka).

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Reporting & Disclosure Obligations
Licensing & Registration
Regulatory Standards
Exemptions & Exclusions
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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.