Broadcasting and Television Act (No. 2) 1971

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Broadcasting and Television (No. 2)

No. 72 of 1971

An Act relating to Licences for Broadcast and Television Receivers.

[Assented to 30 September 1971]

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) 1971.

(2.) The Broadcasting and Television Act 1942–1969, as amended by the Broadcasting and Television Act 1971, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Broadcasting and Television Act 1971 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 1942–1971.

Commencement.

2. This Act shall come into operation on the first day of October, One thousand nine hundred and seventy-one.

Lodging house licences.

3. Section 126b of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “or a lodging house licence in respect of a television receiver” and inserting in their stead the words “, a lodging house licence in respect of a television receiver or a combined lodging house licence”;

(b) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) Except as prescribed, the keeper of a lodging house shall not cause, suffer or permit a receiver (other than a receiver provided by a lodger or tenant for his own use) to be in any room or part of the lodging house occupied, or available for occupation, by lodgers or tenants unless—

(a) if the receiver is a television receiver, a current lodging house licence in respect of a television receiver or a current combined lodging house licence is attached in a prescribed manner to that receiver; or

(b) if the receiver is a broadcast receiver—

(i) a current lodging house licence in respect of a broadcast receiver is attached in a prescribed manner to that receiver; or

(ii) a current combined lodging house licence is attached in a prescribed manner to a television receiver that is in the same room as that broadcast receiver.”;

(c) by inserting in sub-section (3.), after the word “manner”, the words “or a broadcast receiver that is in the same room as a television receiver to which a current combined lodging house licence is attached in a prescribed manner”; and

(d) by inserting in sub-sections (5.), (6.) and (7.), after the words “lodging house licence” (wherever occurring), the words “or combined lodging house licence”.

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

4. Section 126d of the Principal Act is amended by omitting from sub-section (2.) the words “or a lodging house licence” and inserting in their stead the words “, a lodging house licence or a combined lodging house licence”.

Licence fees.

5. Section 128 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “Six dollars fifty cents” and inserting in their stead the words “Eight dollars”;

(b) by omitting from paragraph (b) of sub-section (1.) the words “Three dollars thirty cents” and inserting in their stead the words “Four dollars twenty-five cents”;

(c) by omitting from sub-section (1a.) the words “Fourteen dollars” and inserting in their stead the words “Nineteen dollars”;

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

“(1b.) Subject to this section, the fee payable for a combined receiving licence or a combined lodging house licence or a renewal of any such licence is Twenty-six dollars fifty cents.”; and

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

“(1e.) Where—

(a) a combined lodging house licence is granted to a person;

(b) the person is the holder of a lodging house licence granted for a period that ends after the commencement of the period for which the combined lodging house licence is granted; and

the fee payable under sub-section (1b.) of this section shall be reduced by an amount that bears to the fee paid for the lodging house 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 lodging house licence is granted, bears to twelve.

“(1f.) Where a lodging house licence is surrendered under the last preceding sub-section on the grant of a combined lodging house licence, the lodging house licence ceases to have effect as from the commencement of the period for which the combined lodging house licence is granted.”.

Refund of fees on surrender of licences.

6. Section 128a of the Principal Act is amended by omitting from sub-section (2.) the words “or a lodging house licence” and inserting in their stead the words “, a lodging house licence or a combined lodging house licence”.

Licences subject to Act.

7. Section 129 of the Principal Act is amended by omitting from sub-section (2.) the words “and a lodging house licence” and inserting in their stead the words “, a lodging house licence and a combined lodging house licence”.

Amendment of Regulations.

8.—(1.) The Broadcasting and Television Regulations are amended as set out in the Schedule to this Act.

(2.) Nothing in this section prevents the amendment or repeal by a regulation under the Broadcasting and Television Act 1942–1971 of the Broadcasting and Television Regulations as amended by this section.

THE SCHEDULE Section 8(1.).

Amendments of the Broadcasting and Television Regulations

Interpretation.

1. Regulation 3 of the Broadcasting and Television Regulations is amended—

(a) by inserting after the definition of “broadcast listener’s licence” in sub-regulation

(1.) the following definition:—

“‘combined lodging house licence’ means a combined lodging house licence granted under section 126b of the Act;”; and

(b) by omitting from the definition of “licence” in sub-regulation (1.) the words “or a lodging house licence “and inserting in their stead the words “, a lodging house licence or a combined lodging house licence”.

Fees for hirer’s licences.

2. Regulation 12 of the Broadcasting and Television Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “Six dollars fifty cents” and inserting in their stead the words “Eight dollars”;

(b) by omitting from paragraph (b) of sub-regulation (2.) the words “Three dollars thirty cents” and inserting in their stead the words “Four dollars twenty-five cents”; and

(c) by omitting from sub-regulation (3.) the words “Fourteen dollars” and inserting in their stead the words “Nineteen dollars”.

Manner of attaching licences and manner of making receivers.

3. Regulation 14 of the Broadcasting and Television Regulations is amended by omitting from sub-regulation (1.) the words “to a receiver a hirer’s licence in respect of the receiver or a lodging house licence in respect of the receiver, as the case may be,” and inserting in their stead the words “a licence to a receiver”.

Ante-dating of licences.

4. Regulation 17 of the Broadcasting and Television Regulations is amended by inserting in paragraph (b) of sub-regulation (5.), after the word “licence”, the words “, or a current combined lodging house licence,”.

Overview

The Broadcasting and Television (No. 2) Act 1971 was enacted to amend the existing Broadcasting and Television Act 1942–1969, introducing changes related to licensing for broadcast and television receivers, particularly in lodging houses. This Act was introduced by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to address issues surrounding the regulation of broadcasting and television services, including the licensing of receivers in lodging houses. The primary policy objective was to streamline and modernise the licensing framework to accommodate new types of licences, such as combined lodging house licences, and to adjust fees to reflect current economic conditions. The Act sought to provide clarity and update the legal requirements for lodging houses that provided television and broadcast receivers to their tenants or lodgers. By amending the principal Act and the associated regulations, it introduced the concept of combined lodging house licences, which cover both television and broadcast receivers, and updated the fee structures for various licences. This legislative change was intended to ensure that all broadcasting and television services in lodging houses were properly licensed and regulated.

Scope and Application

The Broadcasting and Television (No. 2) Act 1971 amends the Broadcasting and Television Act 1942–1969, providing updated provisions relating to the licensing of broadcast and television receivers. The Act applies to individuals and entities that own or operate lodging houses where broadcast or television receivers are used, requiring them to obtain appropriate licences for these devices. The legislation stipulates that a current lodging house licence or a combined lodging house licence must be attached to any television or broadcast receiver present in a lodging house unless the receiver is provided by a lodger or tenant for their personal use. The Act also adjusts the fees for these licences, with specific rates outlined for different types of licences and situations, such as combined receiving licences or combined lodging house licences. The geographic reach of the Act is national, as it is a Commonwealth Act, applying across Australia. The Act allows for the amendment of the Broadcasting and Television Regulations to further detail the implementation of these licensing requirements, and these regulations can also be amended or repealed under the principal Act.

Key Provisions

The Broadcasting and Television (No. 2) Act 1971 amends the Broadcasting and Television Act 1942–1969, now referred to as the Principal Act, to introduce new provisions regarding licences for television and broadcast receivers in lodging houses. The key changes revolve around lodging house licences, the amendment of fees, and the introduction of combined lodging house licences. Section 3 of the Act modifies Section 126b of the Principal Act to introduce combined lodging house licences. These new licences allow for both broadcast and television receivers in lodging houses, provided that the appropriate licence is attached in the prescribed manner. Specifically, if a television receiver is present, a current lodging house licence for television or a combined lodging house licence must be attached. For broadcast receivers, either a current lodging house licence for broadcast receivers or a combined lodging house licence attached to a television receiver in the same room is required. Failure to comply with these provisions can result in legal consequences for the keeper of the lodging house. The Act imposes several obligations on parties and entities it governs. For instance, lodging house keepers must ensure that all receivers are appropriately licensed. This includes the attachment of current lodging house licences or combined lodging house licences to the respective receivers as outlined in the amended sections. Moreover, the Act mandates that these licences must be surrendered when a combined lodging house licence is granted, and that the fee for such a licence is reduced proportionately based on the unexpired period of the surrendered licence. The Act also outlines consequences for breaches. While specific offences and penalties are not detailed within the provided excerpt, the general legislative framework implies that failure to comply with the provisions regarding licensing and fee payment could lead to civil or criminal penalties. Typically, such breaches might result in fines or other legal actions as prescribed by the broader legislative context and applicable regulations. Given the structured nature of Australian legislation, it is likely that detailed penalties and enforcement mechanisms are delineated in other sections or associated regulations.

Area of Law: Communications Law
Instrument: Act
Concepts: Definitions & Interpretation; Licensing & Registration; Fees and Charges

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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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