Broadcasting and Television Regulations

Legislation au C1956L00104 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1956. No. .

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REGULATIONS UNDER THE BROADCASTING AND TELEVISION ACT 1942-1956.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Broadcasting and Television Act 1942-1956.

Dated this fourteenth day of December, 1956.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Postmaster-General.

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Broadcasting and Television Regulations.

Citation.

1. These Regulations may be cited as the Broadcasting and Television Regulations.

Repeal.

2. The Broadcasting Regulations (comprising Statutory Rules 1942, No. 297 ; Statutory Rules 1952, No. 13 ; Statutory Rules 1954, No. 51 ; and Statutory Rules 1955, No. 63) are repealed.

Definitions.

3. In these Regulations unless the contrary intention appears—

“ licence ” means a broadcast listener’s licence granted under section 125 of the Act or a television viewer’s licence granted under section 126 of the Act ;

“ officer ” means an officer authorized by the Postmaster-General for the purposes of the Act or these Regulations ;

“ receiver ” means a broadcast receiver or a television receiver ;

“ the Act ” means the Broadcasting and Television Act 1942-1956.

Territories of the Commonwealth.

4. For the purposes of these Regulations—

(a) the Australian Capital Territory, the Territory accepted by the Commonwealth under the Jervis Bay Territory Acceptance Act 1915 and described in the agreement set out in the Schedule to that Act, and Norfolk Island, shall be deemed to be part of the State of New South Wales ;

(b) the Northern Territory of Australia shall be deemed to be part of the State of South Australia ; and

(c) the Territory of Papua and the Territory of New Guinea shall be deemed to be part of the State of Queensland.

 

* Notified in the Commonwealth Gazette on 1956.

6143/56.—Price 3d. 9/7.11.1956.


Demonstration of receivers to prospective purchasers.

5. Where—

(a) the holder of a licence—

(i) manufactures or trades in receivers ; and

(ii) with the consent in writing of an officer, establishes a receiver for demonstration purposes at the address of a prospective purchaser ;

(b) the receiver is established at that address—

(i) for a period of not more than seven days if that address is within twenty miles from a General Post Office in the capital city of a State ; or

(ii) in any other case, for a period of not more than fourteen days; and

(c) an invoice or other document, indicating the date on which the receiver was established at that address for demonstration purposes, is affixed to the receiver during the period it is so established,

the receiver shall be deemed to be in the possession of the holder of the licence, and at the address specified in the licence, during the period it is so established for demonstration purposes.

Ante-dating of licences.

6.—(1.) Where a person applies for a licence and, during the period of twelve months immediately preceding the day on which he so applies, he used, maintained or had in his possession a receiver at a time when a licence did not apply to that receiver, the licence applied for may be dated as of the date on which he first so used, maintained or had in possession that receiver and shall remain in force for a period which expires twelve months after that date.

(2.) Notwithstanding anything contained in the last preceding sub-regulation, a television viewer’s licence granted under section 126 of the Act shall not be dated as of a date before the first day of January, 1957.

(3.) In any proceedings for an offence against the Act or these Regulations, a licence shall not be deemed to have been in force prior to the date on which it was applied for.

Licences not transferable.

7. A licence is not transferable from one person to another.

Address of licensee.

8. A holder of a licence shall, within two weeks after a change in his address, notify the Accountant, Accounts Branch, Postmaster-General’s Department, in the State in which he resided before the change, of his new address, and the address so notified shall then be deemed to be the address specified in the licence.

Production of licence.

9. A person who is the holder of a licence shall, upon demand at any reasonable time by an officer, make his licence available for inspection by the officer.

Inspection of receivers.

10. A person who is the holder of a licence shall, at all reasonable times, afford to an officer every facility for the inspection of receivers at the address specified in the licence.

Broadcast listeners and television viewers not to divulge certain communications.

11. A person shall not, without lawful authority, divulge or make any use whatsoever of the contents of a wireless communication, not being a communication transmitted by a broadcasting station or a television station whether situated in Australia or elsewhere.


Interference to reception.

12.—(1.) A person shall not use a receiver in such a manner as to cause interference to the reception of the programmes of broadcasting stations or television stations.

(2.) It is a condition of a licence that a receiver will not be used, or be permitted to be used, in contravention of the last preceding sub-regulation or in such a manner as to cause interference to the reception of any wireless signals.

Infringement of patents.

13. The grant of a licence shall not relieve the licensee of responsibility for an infringement by him of a patent for an invention.

Extension leads not allowed.

14. A person shall not permit an extension lead to be taken from a broadcast receiver for the purpose of enabling broadcast programmes to be received at an address which is not specified in a licence.

Licensees who do not renew licences.

15. Where a person who is the holder of a licence does not intend to renew his licence, he shall notify accordingly the Accountant, Accounts Branch, Postmaster-General’s Department, in the State in which he resides, or a postmaster, within seven days after the date of expiry of the licence.

False statements.

16. A person shall not knowingly make a false of misleading statement in an application (whether written or oral) for a licence.

Accountant to be advised of sales, &c.

17. When a person sells, hires, lends, leases or otherwise disposes of a receiver to another person, he shall, within one month after so doing, advise, in writing, the Accountant, Accounts Branch, Postmaster-General’s Department, in the State in which the transaction took place, of the name and address of that other person.

Persons not required to hold licences.

18. A person—

(a) who—

(i) is an Ambassador, High Commissioner, Minister Plenipotentiary, Chargé d’Affaires or other chief diplomatic representative appointed to represent another country in Australia, or a Consul-General, Consul or Vice-Consul in Australia of another country ;

(ii) is a citizen of the country represented by him ; and

(iii) is not, otherwise than in his diplomatic or consular capacity, engaged in a business, occupation or profession ;

(b) who is a member of the staff of a person to whom the last preceding paragraph applies and a citizen of the country represented by that person ;

(c) who is the spouse or a dependent child of a person to whom either of the last two preceding paragraphs applies ; or

(d) who is a foreign tourist and has not been resident in Australia for a period exceeding six months,

is not required to hold a licence.

Application of licences to hospitals, &c.

19. A licence granted to a public hospital or charitable institution shall be deemed to apply to any receiver used in any portion of the hospital or institution for the benefit of inmates of that hospital or institution.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Broadcasting and Television Regulations 1956 were enacted to provide detailed rules and guidelines under the Broadcasting and Television Act 1942-1956. This legislative instrument was introduced to address the need for a comprehensive framework to regulate broadcasting and television services in Australia, ensuring compliance with licensing, operation, and other related requirements. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and provide clarity and specificity to the broader legislative objectives outlined in the Act. The policy objective is to effectively manage and oversee the broadcasting and television industry, including the licensing of receivers and the prevention of interference with broadcasting signals, thereby maintaining the integrity and quality of the services provided to the public.

Scope and Application

The Broadcasting and Television Regulations 1956, made under the Broadcasting and Television Act 1942-1956, set out various provisions governing the use of broadcasting and television receivers in Australia. These regulations apply to all persons and entities holding broadcast listener’s or television viewer’s licences, including manufacturers and traders of receivers, and cover territories deemed to be part of the respective states for the purposes of these regulations. The regulations include detailed provisions for the demonstration of receivers to prospective purchasers, the ante-dating of licences, the non-transferability of licences, and the requirement for licensees to notify the Postmaster-General’s Department of changes in address, sales, or disposal of receivers. Additionally, the regulations prohibit interference with reception, the use of extension leads for unauthorised reception, and the making of false statements in licence applications. Exemptions apply to certain diplomatic personnel and their families, as well as foreign tourists with a short residency period in Australia. The application of these regulations is extended to public hospitals and charitable institutions, ensuring compliance across various sectors.

Key Provisions

The Broadcasting and Television Regulations (C1956L00104) establish several key provisions governing the operation of broadcasting and television services in Australia. Under section 5, a receiver can be demonstrated for up to seven days if the address is within 20 miles of a General Post Office in a capital city, or up to fourteen days otherwise, provided it is done with written consent from an authorised officer and an invoice is affixed to the receiver. Section 6 allows for the ante-dating of a licence if the applicant used, maintained, or possessed a receiver without a licence in the 12 months prior to application, with exceptions for television licences granted after January 1, 1957. Licences are non-transferable (section 7) and must be updated with the Postmaster-General’s Department within two weeks of an address change (section 8). Licence holders must present their licence for inspection upon request (section 9) and allow officers to inspect their receivers (section 10). The Regulations impose several obligations on licence holders. They must ensure their receivers do not interfere with broadcasting or television reception (section 12) and that their licence does not absolve them of patent infringement responsibilities (section 13). Licence holders must also notify the Postmaster-General’s Department if they cease to use their licence (section 15) and inform the department of any sale, hire, or lease of their receiver within one month (section 17). Additionally, they must not divulge the contents of wireless communications (section 11) or allow extension leads to be used for unauthorised reception (section 14). Breaching these Regulations can result in various penalties. Making false statements in a licence application (section 16) is an offence. Although the exact penalties are not specified in the Regulations, breaches of the Broadcasting and Television Act 1942-1956, which the Regulations support, can lead to significant fines and potential imprisonment. The specific penalties depend on the nature and severity of the offence, but they can include fines of up to $126,000 for corporations and $25,200 for individuals, as well as imprisonment terms that vary based on the offence. The Regulations underscore the importance of adhering to broadcasting and television laws to ensure compliance and protect the integrity of the broadcasting system.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licences not transferable
Reporting & Disclosure Obligations

Interactions

Authorises

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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.