Broadcasting and Television (Consequential Amendments) Act 1985

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Broadcasting and Television (Consequential Amendments) Act 1985

No. 67 of 1985

 

An Act to make certain amendments in consequence of the enactment of the Broadcasting and Television Amendment Act 1985

[Assented to 5 June 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Broadcasting and Television (Consequential Amendments) Act 1985.

Commencement

2. This Act shall come into operation on 1 January 1986.

Amendment of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.


Transitional

4. (1) Notwithstanding the amendments made by section 3, where an Act amended by that section would, but for the amendments, have applied to or in relation to an old system licence, the holder of an old system licence or a station operated under an old system licence, that Act continues so to apply.

(2) In this section, “old system licence” has the same meaning as in Part III of the Broadcasting and Television Amendment Act 1985.

 

SCHEDULE Section 3

AMENDMENT OF ACTS

Australian Broadcasting Corporation Act 1983

Section 3 (definitions of “national broadcasting translator station licence” and “national television translator station licence”)—

Omit the definitions.

Section 26—

Omit “and Television”.

Section 73 (definition of “transmitting station”)—

(a) Omit “national broadcasting translator station licence”, substitute “re-broadcasting licence under the Broadcasting Act 1942”.

(b) Omit “national television translator station licence”, substitute “re-broadcasting licence under the Broadcasting Act 1942”.

Sub-section 78 (3)—

Omit “and Television”.

Section 79—

Omit “and Television”.

Commonwealth Electoral Act 1918

Sub-section 287 (1) (definition of “broadcaster”)—

Omit the definition, substitute the following definition:

“ ‘broadcaster’ means—

(a) the Australian Broadcasting Corporation constituted under the Australian Broadcasting Corporation Act 1983;

(b) the Special Broadcasting Service established by Part IIIa of the Broadcasting Act 1942; or

(c) the holder of a licence within the meaning of the Broadcasting Act 1942, other than a re-broadcasting licence or a re-transmission licence within the meaning of that Act;”.


SCHEDULE—continued

Paragraph 310 (1) (a)—

Omit “station from”, substitute “broadcasting service as part of”.

Sub-section 310 (3)—

Omit “and Television”.

Sub-section 333 (1)—

Omit “broadcast or televise or cause, permit or authorize to be broadcast or televised, from a broadcasting station or a television station”, substitute “broadcast, or cause, permit or authorize to be broadcast, as part of an authorized broadcasting service”.

Sub-section 333 (2)—

(a) Omit “or televised”.

(b) Omit “broadcasting station for broadcasting or to the television station for televising, as the case may be,” substitute “broadcaster”.

Sub-section 333 (4)—

Omit the sub-section, substitute the following sub-section:

“(4) In this section—

‘address’ does not include a post-office box;

‘authorized broadcasting service’ means a broadcasting service provided pursuant to the Broadcasting Act 1942 or the Australian Broadcasting Corporation Act 1983;

‘broadcast’ includes televise.”.

Copyright Act 1968

Sub-section 9 (2)—

Omit the sub-section.

Sub-section 10 (1) (definitions of “holder of a licence for a broadcasting station” and “holder of a licence for a television station”)—

Omit the definitions, substitute the following definitions:

“ ‘holder of a licence for a broadcasting station’ means the holder of a subsisting radio licence under the Broadcasting Act 1942;

‘holder of a licence for a television station’ means the holder of a subsisting television licence under the Broadcasting Act 1942;”.

Sub-section 10 (1) (definition of “the Special Broadcasting Service”)—

Omit “and Television”.

Sub-section 152 (9)—

Omit the sub-section, substitute the following sub-section:

“(9) Where a broadcaster being the holder of a licence for a broadcasting station has, with the leave of the Australian Broadcasting Tribunal under section 123 of the Broadcasting Act 1942, adopted an accounting period ending on a day other than 30 June, the reference in sub-section (8) of this section to 30 June shall, in relation to that broadcaster, be read as a reference to that other day.”.


SCHEDULE—continued

Parliamentary Proceedings Broadcasting Act 1946

Sub-section 3(1) (definition of “national broadcasting station”)—

Omit “Broadcasting and Television Act 1942-1972”, substitute “Australian Broadcasting Corporation Act 1983”.

Sub-section 4 (1)—

Omit “Broadcasting and Television Act 1942-1972”, substitute “Broadcasting Act 1942”.

Sub-section 4 (2)—

Omit “Broadcasting and Television Act 1942-1973”, substitute “Broadcasting Act 1942”.

Section 16—

Omit “Broadcasting and Television Act 1942-1972”, substitute “Broadcasting Act 1942”.

Radiocommunications Act 1983

Sub-section 3 (1) (definition of “broadcasting station”)—

Omit the definition, substitute the following definition:

“ ‘broadcasting station’ means a transmitter that is operating for the purpose of the transmission of radio programs to the general public as authorized by or under the Broadcasting Act 1942 or the Australian Broadcasting Corporation Act 1983.”.

Sub-section 3(1) (definition of “television station”)—

Omit the definition, substitute the following definition:

“ ‘television station’ means a transmitter that is operating for the purpose of the transmission of television programs to the general public as authorized by or under the Broadcasting Act 1942 or the Australian Broadcasting Corporation Act 1983.”.

Sub-section 21 (8)—

Omit “and Television”.

Sub-section 55 (2)—

Omit “and Television”.

Sub-section 89 (3)—

Omit the sub-section, substitute the following sub-section:

“(3) In this section, ‘instrument relating to broadcasting or television” means a technical condition within the meaning of Part IIIb of the Broadcasting Act 1942, an order under section 125e of that Act, or a regulation under that Act.”.


SCHEDULE—continued

Referendum (Machinery Provisions) Act 1984

Section 110 (definition of “broadcaster”)—

Omit the definition, substitute the following definition:

“ ‘broadcaster’ means—

(a) the Australian Broadcasting Corporation constituted under the Australian Broadcasting Corporation Act 1983;

(b) the Special Broadcasting Service established by Part IIIa of the Broadcasting Act 1942; or

(c) the holder of a licence within the meaning of the Broadcasting Act 1942, other than a re-broadcasting licence or a re-transmission licence within the meaning of that Act;”.

Paragraph 111(1) (a)—

Omit “station from”, substitute “broadcasting service as part of”.

Sub-section 111 (3)—

Omit “and Television”.

Sales Tax (Exemptions and Classifications) Act 1935

Item 45a of the Second Schedule—

Omit “and Television”.

Telecommunications Act 1975

Paragraph 94 (2) (e)—

Omit “and Television”.

Paragraph 94 (2) (f)—

Omit the paragraph, substitute the following paragraph:

“(f) by the holder of a licence under Part IIIb of the Broadcasting Act 1942 (other than a re-transmission licence under that Act) in accordance with the technical conditions of the licence warrant:”.

[Minister’s second reading speech made in

House of Representatives on 15 May 1985

Senate on 28 May 1985]

Overview

The Broadcasting and Television (Consequential Amendments) Act 1985, enacted by the Queen and the Senate and House of Representatives of the Commonwealth of Australia, was introduced to address the legislative inconsistencies and gaps arising from the enactment of the Broadcasting and Television Amendment Act 1985. This Act ensures that various other pieces of legislation are updated to reflect the changes brought about by the amendment to the Broadcasting and Television Act, thus maintaining coherence across the legislative framework. The policy objective is to streamline and modernise the legislative provisions related to broadcasting and television, aligning them with the updated regulatory environment established by the Broadcasting and Television Amendment Act 1985. The Act amends several specified Acts, including the Australian Broadcasting Corporation Act 1983, the Commonwealth Electoral Act 1918, the Copyright Act 1968, and others, by making necessary adjustments to definitions and references to maintain consistency and relevance.

Scope and Application

The Broadcasting and Television (Consequential Amendments) Act 1985 amends several pieces of Commonwealth legislation to reflect changes made by the Broadcasting and Television Amendment Act 1985. This Act applies to various entities, including the Australian Broadcasting Corporation, the Special Broadcasting Service, and holders of broadcasting and television licences under the Broadcasting Act 1942, excluding re-broadcasting and re-transmission licence holders. It is pertinent to conduct involving these licences and broadcasting services, and its jurisdiction spans the Commonwealth of Australia. The Act ensures that the specified amendments apply uniformly across the Commonwealth, with particular transitional provisions for old system licences. Subordinate instruments may further define or extend the application of this Act, although the primary text does not elaborate on such possibilities.

Key Provisions

The Broadcasting and Television (Consequential Amendments) Act 1985 (section 3) primarily modifies several existing Acts to reflect changes brought about by the Broadcasting and Television Amendment Act 1985. These amendments include altering definitions and provisions related to broadcasting and television, ensuring consistency across various legislative frameworks. For instance, it updates the Australian Broadcasting Corporation Act 1983 by removing definitions and references to national broadcasting and television translator station licences, replacing them with references to re-broadcasting licences under the Broadcasting Act 1942. Similarly, it modifies the Commonwealth Electoral Act 1918 to redefine "broadcaster" and adjust related provisions to align with the new broadcasting framework. The Act imposes several obligations on the entities it governs. For example, it mandates that certain Acts continue to apply to holders of old system licences or stations operated under such licences, despite the amendments made by the Act itself (section 4). Additionally, it requires the substitution of specific definitions and terms across various Acts, ensuring that all references to broadcasting and television are updated to reflect the new legal environment. This includes updating the definitions of terms such as "broadcasting station" and "television station" in the Radiocommunications Act 1983 and making similar adjustments in other Acts to maintain uniformity and coherence in the legislative text. Breaches of the provisions of the Broadcasting and Television (Consequential Amendments) Act 1985 may lead to various civil or criminal consequences, depending on the specific Act being amended and the nature of the breach. For example, under the Commonwealth Electoral Act 1918, failure to comply with the updated broadcasting provisions could result in penalties for unauthorised broadcasting. The precise penalties for such breaches are not detailed in the Act itself but would be governed by the relevant provisions of the Acts being amended. The Act does not explicitly outline penalties but references the existing legislative frameworks for enforcement and sanctions.

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Area of Law
Broadcasting Law
Media & Entertainment Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Regulatory Standards
Reporting & Disclosure Obligations

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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.