Broadcasting and Television Act (No. 2) 1964

Legislation au C1964A00121 Not in force Act

Legislation content

BROADCASTING AND TELEVISION (No. 2).

 

No. 121 of 1964.

An Act to amend the Broadcasting and Television Act 1942–1963, as amended by the Broadcasting and Television Act 1964.

[Assented to 24th November, 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 (No. 2) 1964.


(2.) The Broadcasting and Television Act 1942–1963, as amended by the Broadcasting and Television Act 1964, is in this Act referred to as the Principal Act.

(3.) Section one of the Broadcasting and Television Act 1964 is amended by omitting sub-section (3.).

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

Commencement.

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

Licensee to keep accounts, records, &c.

3. Section one hundred and six of the Principal Act is amended—

(a) by omitting sub-paragraph (ii) of paragraph (c) of subsection (1.) and inserting in its stead the following sub-paragraph:—

“(ii) a statutory declaration stating the gross earnings of the station during that year; and”; and

(b) by adding at the end thereof the following sub-section:—

“(5.) In this section, ‘gross earnings’—

(a) in relation to a commercial broadcasting station—has the same meaning as in the Broadcasting Stations Licence Fees Act 1964; and

(b) in relation to a commercial television station—has the same meaning as in the Television Stations Licence Fees Act 1964.”.

4. After section one hundred and twenty-six b of the Principal Act the following sections are inserted:—

Broadcast or television receiver let as part of furnished premises.

“126c.—(1.) A person who is the lessor in relation to a lease of furnished premises that include a broadcast receiver or a television receiver is guilty of an oifence against this Act unless—

(a) he, or a member of his family, is the holder of a current broadcast listener’s licence or a current television viewer’s licence, as the case requires, or a current combined receiving licence, that specifies the address of the premises;

(b) the person who is the lessee in relation to the lease, or a member of his family, is the holder of a current broadcast listener’s licence or a current television viewer’s licence, as the case requires, or a current combined receiving licence, that applies to the receiver; or


(c) the receiver is, under sub-section (4.) of section one hundred and twenty-six a of this Act, to be deemed to be a receiver to which a broadcast listener’s licence or a television viewer’s licence, as the case requires, applies.

“(2.) A person who is the lessee in relation to a lease of a kind referred to in the last preceding sub-section, or a member of his family, is not guilty of an offence against sub-section (6.) or (8.) of section one hundred and twenty-five, or sub-section (6.) or (8.) of section one hundred and twenty-six, of this Act, or the Wireless Telegraphy Act 1905–1950 or the regulations under that Act, by reason only that he uses or maintains the broadcast receiver or television receiver that is included in the furnished premises to which the lease relates, has the receiver in his possession or occupies the premises.

“(3.) A reference in this section to a lease shall be read as including a reference to a sub-lease and, in the application of this section in relation to a sub-lease, a reference in this section to a lessor or to a lessee shall be read as a reference to the sub-lessor or to the sub-lessee, as the case requires, under the sub-lease.

“(4.) In this section, ‘furnished premises’ means furnished residential premises.

Grant of licence from past date not to affect liability for offence.

“126d.—(1.) Where a licence is granted for a period commencing before the date on which it is granted, the licence shall not, for the purposes of sub-section (6.), (7.) or (8.) of section one hundred and twenty-five of this Act, sub-section (6.), (7.) or (8.) of section one hundred and twenty-six of this Act or subsection (3.) of section one hundred and twenty-six a of this Act, be deemed to have been in force before the time when it is granted.

“(2.) In the last preceding sub-section, ‘licence’ means a broadcast listener’s licence, a television viewer’s licence, a combined receiving licence, a hirer’s licence or a lodging house licence.”.

5. After section one hundred and twenty-eight of the Principal Act the following section is inserted:—

Refund of fees on surrender of licences.

“128a.—(1.) An officer of the Postmaster-General’s Department may, in a prescribed case, on the surrender of a licence to him, refund the licence fee paid for the licence or such part of the licence fee as he considers appropriate having regard to the circumstances of the case.

“(2.) In the last preceding sub-section, ‘licence’ means a broadcast listener’s licence, a television viewer’s licence, a combined receiving licence, a hirer’s licence or a lodging house licence.”.

Overview

The Broadcasting and Television Act (No. 2) 1964 was enacted to amend the Broadcasting and Television Act 1942–1963, as previously amended by the Broadcasting and Television Act 1964. This Act was assented to on 24 November 1964 by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. It aims to address various administrative and operational aspects of broadcasting and television services. One of the primary objectives of this Act is to ensure that licensees maintain accurate records of their operations, specifically by requiring them to include gross earnings in their statutory declarations. Additionally, the Act introduces provisions to manage the use of broadcast and television receivers in furnished premises, ensuring that both lessors and lessees comply with licensing requirements to avoid offences. This legislation seeks to refine and enhance the regulatory framework governing broadcasting and television services in Australia.

Scope and Application

The Broadcasting and Television Act (No. 2) 1964 applies to individuals and entities involved in the broadcasting and television industry in Australia, specifically focusing on the licensing of broadcast and television receivers. It is applicable nationwide as a Commonwealth Act. The Act amends the Broadcasting and Television Act 1942–1963, which had previously been amended by the Broadcasting and Television Act 1964. The Act introduces requirements for licensees to maintain specific records and accounts, including gross earnings of stations, and it modifies the definition of gross earnings to align with the relevant licence fee acts. Additionally, it addresses offences related to the leasing of furnished premises that include broadcast or television receivers, stipulating that either the lessor or the lessee must hold a current licence relevant to the receiver. The Act also clarifies that the granting of a licence from a past date does not absolve liability for offences occurring before the licence was granted and provides for the refund of licence fees under certain conditions. The Act extends its application through the insertion of new sections into the Principal Act, ensuring comprehensive regulation of broadcasting and television activities within its jurisdictional reach.

Key Provisions

The Broadcasting and Television Act (No. 2) 1964 introduces several key provisions amending the Broadcasting and Television Act 1942–1963 (the Principal Act). One of the main changes is found in Section 3, which modifies Section one hundred and six of the Principal Act. Specifically, the amendment requires licensees to maintain accounts and records that include a statutory declaration stating the gross earnings of the station for that year. This new requirement ensures that financial information is accurately documented and reported, as defined by the Broadcasting Stations Licence Fees Act 1964 for commercial broadcasting stations and the Television Stations Licence Fees Act 1964 for commercial television stations. The Act also imposes obligations on parties involved in leasing furnished premises that include broadcast or television receivers. According to Section 126c, the lessor of such premises must ensure that either they or their family hold a current broadcast listener's licence or television viewer's licence, or the lessee or their family must hold the appropriate licence for the receiver in question. This provision aims to regulate the use of broadcast and television receivers within leased furnished residential premises to prevent unauthorised use. Furthermore, Section 126d stipulates that a licence granted for a period that commences before its actual grant date does not affect the liability for offences under the Act. This means that the period of liability for offences begins only from the date the licence is officially granted, thereby clarifying the timeline for potential legal consequences. Lastly, Section 128a introduces the possibility of a refund of licence fees under certain prescribed conditions when a licence is surrendered. An officer of the Postmaster-General’s Department may refund the paid licence fee or a portion thereof, depending on the circumstances of the surrender. This provision offers flexibility and fairness in the handling of licence fees in cases where a licence is returned.

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Area of Law
Media & Entertainment Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Reporting & Disclosure Obligations
Licensing & Registration

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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.