Broadcasting and Television Amendment Act (No. 2) 1978

Overview

The Broadcasting and Television Amendment Act (No. 2) 1978, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, serves as an amendment to the Broadcasting and Television Act 1942. This Act addresses the procedural requirements for applications related to the grant or renewal of broadcasting and television licences, aiming to streamline and provide flexibility in the application process. The primary objective is to facilitate the administration of broadcasting and television licences by empowering the Tribunal to grant extensions and provide necessary directions for the just and proper consideration of applications, thereby enhancing the efficiency and fairness of the licensing process. The Broadcasting and Television Amendment Act (No. 2) 1978 amends several sections of the Principal Act to enhance the Tribunal's ability to manage applications effectively. It allows the Tribunal to grant extensions for the lodgment of applications, submissions, and replies and to make necessary directions for the proper consideration of these applications. The Act also modifies the procedure for the renewal of broadcasting and television licences, ensuring that applications are lodged well in advance of the licence expiration date, while still allowing for extensions under specific circumstances. This legislative amendment seeks to address procedural gaps in the licensing process and provide clarity and flexibility to both applicants and the Tribunal.

Scope and Application

The Broadcasting and Television Amendment Act (No. 2) 1978 amends the Broadcasting and Television Act 1942, focusing on the procedures for applications for the grant or renewal of broadcasting and television licences. This Act applies to individuals and entities involved in the broadcasting industry, specifically those who apply for or hold broadcasting and television licences in Australia. The Act applies across the Commonwealth and affects all broadcasting services within Australia. It primarily concerns the process of applying for and renewing broadcasting licences, providing specific provisions for the lodgment of applications and the consideration of these applications by the Tribunal. The Act provides for extensions to be granted by the Tribunal for the lodgment of applications or replies, both in the initial application process and for licence renewals. The Act also includes provisions for the review of decisions by the Tribunal, including the refusal to grant extensions of time for lodgment of applications or replies. Certain exclusions apply to the scope of the Act, such as those licences that were granted before the commencement of this Act to persons who applied for the grant of the licence not later than 5 July 1978. The Act does not explicitly mention the use of subordinate instruments to extend or restrict its application.

Key Provisions

The Broadcasting and Television Amendment Act (No. 2) 1978 primarily focuses on modifying the procedures for applications for the grant or renewal of licences under the Broadcasting and Television Act 1942. Key amendments include changes to the process and timing for lodging applications for licence renewals (Section 4, 6). Notably, it allows the Tribunal to extend the time for lodgment of applications or submissions if circumstances justify it, and to provide necessary directions to ensure fair consideration of the application (Section 4(5), 6(6a)). These changes are designed to provide more flexibility in the application process, while maintaining the integrity of the application review process. The Act imposes several obligations on the parties involved. For instance, applicants must lodge renewal applications with the Tribunal at least 20 weeks before the expiration of the licence, using a form supplied by the Tribunal (Section 6(1)). The Tribunal is required to consider all submissions and replies lodged in accordance with the amended provisions when reviewing applications (Section 6(9)). Additionally, the Tribunal must have regard to any submissions or replies when considering an application, ensuring that all relevant information is taken into account (Section 6(6)). Failure to comply with the provisions of this Act can result in various consequences. While the Act does not explicitly state penalties for non-compliance, breaches of the amended provisions could potentially lead to legal challenges or other regulatory actions. For example, if the Tribunal refuses to grant an extension of time for lodgment of an application or a reply, this decision can be reviewed (Section 7(1)(ba), 7(2)(ba)). Such reviews are conducted to ensure that the Tribunal's decisions are fair and justified, and any improper refusal could be contested. It is important for applicants and the Tribunal to adhere to the amended procedures to avoid any potential legal complications.