Broadcasting and Television Regulations (Amendment)

Overview

Statutory Rules 1973 No. 90, made under the Broadcasting and Television Act 1942-1972, was enacted to amend the existing Broadcasting and Television Regulations. This legislative instrument was introduced to address gaps in the regulatory framework governing broadcasting and television licences in Australia. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the need for adjustments to the fee structures for licence holders under specific conditions. The primary aim of these amendments was to provide clarity and adjustments to the licensing process, ensuring that broadcasters and television operators are aware of the financial obligations associated with their licences under certain circumstances.

Scope and Application

The Broadcasting and Television Regulations 1973, as amended under the Broadcasting and Television Act 1942-1972, primarily pertain to the administration and regulation of broadcasting and television services within the Commonwealth of Australia. This legislative instrument applies to broadcasters and television service providers who hold a licence under the Act, governing the terms and conditions of their operations. It specifically addresses the circumstances under which a licence may be surrendered and the conditions under which a new licence may be granted, particularly focusing on the timing of licence surrenders relative to the date of licence issuance. The regulation introduces specific criteria for licence surrenders within nine months of issuance, requiring payment of specified fees for new licence grants as outlined in subsections (3), (3a), and (3b) of section 128 of the Act. The regulation also extends to modifying the existing Broadcasting and Television Regulations, encompassing the detailed procedural aspects of broadcasting and television services nationwide. It is important to note that these regulations are made under the authority of the Governor-General and are intended to ensure compliance with the overarching legislative framework provided by the Broadcasting and Television Act 1942-1972.

Key Provisions

The primary focus of these amendments to the Broadcasting and Television Regulations is to introduce new provisions under the Broadcasting and Television Act 1942-1972. Specifically, the amendments add three new items to the Schedule of the Regulations (item 2a, item 8a, and item 13a). These new items pertain to circumstances where a licence was granted within nine months of its surrender and where the licence holder subsequently became entitled to a new licence upon payment of a specified fee. The fee references are linked to subsections (3), (3a), and (3b) of section 128 of the Act, indicating that these provisions deal with the fees associated with the grant of new licences under certain conditions. Under these regulations, the obligations imposed on the parties primarily revolve around the timing of licence grants and surrenders, and the associated payment of fees. Licence holders must adhere to the stipulation that if they surrender a licence within nine months of its grant and subsequently qualify for a new licence, they must pay the specified fee as outlined in the relevant subsections of section 128. This ensures that the process for obtaining a new licence is transparent and financially accountable. The amendments also outline potential consequences for non-compliance with these provisions. While the specific penalties are not detailed within the text provided, breaches of regulations under the Broadcasting and Television Act 1942-1972 generally can lead to civil or criminal sanctions. Civil penalties may include fines, while criminal penalties can result in more severe sanctions, potentially including imprisonment. The exact penalties would be determined based on the nature and severity of the breach, as well as any additional provisions or case law that might apply.