Broadcasting and Television Act (No. 2) 1965

Overview

The Broadcasting and Television (No. 2) Act 1965 was enacted to amend section 92C of the Broadcasting and Television Act 1942–1964, as previously amended by the Broadcasting and Television Act 1965. This legislative measure was introduced to address the need for clarity and flexibility in the designation of individuals for directorships within broadcasting companies. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to streamline the process by which a person or a company designates an individual for such purposes, allowing for the inclusion of directors as potential designees and ensuring that the designation applies both to existing and future directorships. This amendment facilitates better governance and regulatory oversight within the broadcasting sector.

Scope and Application

The Broadcasting and Television Act (No. 2) 1965 amends the Broadcasting and Television Act 1942–1964 by modifying section 92c, which pertains to the liability of directors in relation to broadcasting services. This Act applies to individuals and entities involved in broadcasting, particularly those who hold a directorship in a company providing broadcasting services. The amendment extends to any person designated by a director or by the company itself, and it encompasses both current and future directorships. Geographically, the Act operates within the Commonwealth of Australia, affecting entities and individuals operating within its jurisdiction. The Act does not specify any exclusions or exemptions, and its provisions apply broadly to all relevant entities unless otherwise noted. The operation and enforcement of the Act may be further detailed or expanded upon through subordinate instruments, allowing for more specific regulations or clarifications to be established.

Key Provisions

The Broadcasting and Television (No. 2) Act 1965 primarily amends section 92c of the Broadcasting and Television Act 1942–1964, as previously amended by the Broadcasting and Television Act 1965 (referred to as the Principal Act). Section 3 of the Act alters sub-section (2) of section 92c of the Principal Act, replacing the previous requirement of a person or their nominee with the person themselves, a designated person, or a director of a company if the person is a company. It also replaces sub-section (3) with a new provision that outlines how a person can be designated for the purposes of this sub-section, including the requirement to deliver written notice of the designation and revocation to the Minister, and clarifies that the designation applies to both existing and future directorships. Under the new provisions, the Act imposes specific obligations on individuals and companies involved in broadcasting and television. These obligations include the necessity for designated individuals or entities to formally notify the Minister of any designation, and for the revocation of such designation if necessary. This ensures that the Minister is always informed of who is authorised to act on behalf of a person or company in relation to the provisions of section 92c. The formal designation process aims to provide transparency and accountability in the governance of broadcasting entities. The Act also outlines consequences for non-compliance with its provisions. While the specific penalties are not detailed in the provided excerpt, it is common for such legislative amendments to include provisions for fines, legal action, or other civil or criminal penalties to enforce compliance. The seriousness of the penalties would typically reflect the importance of adhering to broadcasting regulations to maintain the integrity and quality of the broadcasting service. These potential consequences serve as a deterrent against non-compliance and ensure that the amendments to the Principal Act are effectively implemented.