Broadcasting and Television Regulations (Amendment)

Legislation au C1972L00162 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No.

REGULATIONS UNDER THE BROADCASTING AND TELEVISION ACT 1942-1972.*

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 1942-1972.

Dated this fourteenth day of September, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Postmaster-General.

Amendments of the Broadcasting and Television Regulations†

Commencement.

1. These Regulations shall come into operation on the first day of January, 1973.

2. Regulation 13 of the Broadcasting and Television Regulations is repealed and the following regulation inserted in its stead:—

Condition: of hirer’s licences.

“13.—(1.) In this regulation, ‘hire’ has the same meaning as in section 126a of the Act.

“(2.) Subject to the next two succeeding sub-regulations, for the purposes of section 126a of the Act, each of the following conditions is a condition of a hirer’s licence applying in respect of more than one receiver—

(a) the holder of the licence shall, within seven days after the end of each month during which he carries on in a State the business in connexion with which the licence is used, furnish to the Chief Accountant, Finance and Accounting Branch, Postmaster-General’s Department in that State, a return in writing, relating to the receivers used in that business, setting out particulars of—

(i) the maximum number of receivers so used that he had let out on hire at the one time during the month immediately preceding the furnishing of the return; and

(ii) the sum of the number of days for which each of the receivers so used was let out on hire by him during that month;

(b) the holder of the licence, or a person authorized by him for the purpose, shall declare on each return furnished in pursuance of the condition specified in the last preceding paragraph, by writing under his hand, whether the statements made in the return are true and correct;

(c) the holder of the licence shall keep, or cause to be kept, in respect of each receiver used by him for letting out on hire in carrying on the business in a State in connexion with which the licence is used a record of the hirings of the receiver, being hirings in the course of his so using it, containing—

* Notified in the Commonwealth Gazette on 1972

† Statutory Rules 1965, No. 152, as amended by Statutory Rules 1967, No. 167; 1968, No 112; 1969, No. 169; 1970. Nos. 143 and 196; and 1971, No. 72.

12875/72—Price 5c 10/21.8.1972

(i) a description of the receiver, including its make and the serial number of its chassis;

(ii) the date of commencement of each of those hirings; and

(iii) the date of termination of each of those hirings that has terminated;

(d) the holder of the licence shall cause the records kept by him to be numbered consecutively commencing with the number one;

(e) the holder of the licence shall retain the record kept by him in respect of a receiver used by him for letting out on hire in carrying on the business in a State in connexion with which the licence is used—

(i) if he carries on that business at one address in the State—at that address;

(ii) if he carries on that business at more than one address in the State—at the address in the State furnished or last furnished by him for the purpose to the Director of Posts and Telegraphs in that State; or

(iii) if he has ceased to carry on that business in the State—at the address in Australia furnished or last furnished by him for the purpose to the Director of Posts and Telegraphs in that State,

until the expiration of two years after that receiver ceases to be so used; and

(f) the holder of the licence shall, upon demand at any reasonable time by an officer, make the records kept by him available for inspection by the officer at the place at winch they are retained.

“(3.) It is not a condition of a hirer’s licence in respect of broadcast receivers that the holder furnish any particulars or keep any record in relation to a television receiver and it is not a condition of a hirer’s licence in respect of television receivers that the holder furnish any particulars or keep any record in relation to a broadcast receiver.

“(4.) It is not a condition of a hirer’s licence in respect of receivers that the holder keep any record in respect of a hiring of a receiver that terminated before the commencement of this regulation.

“(5.) In this regulation, references to a record kept by the holder of a hirer’s licence shall be read as references to a record kept by him in pursuance of the condition of the licence specified in paragraph (c) of sub-regulation (2.) of this regulation.”.

Manner of attaching licences and manner of marking receivers.

3. Regulation 14 of the Broadcasting and Television Regulations is amended by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(a) the particulars to be marked on a receiver are—

(i) the words ‘Receiver on hire from’ followed by the name and address of the person letting out the receiver on hire;

(ii) the words ‘ Record number ’ followed by the number of the record kept in respect of the receiver in accordance with paragraph (c) of sub-regulation (2.) of the last preceding regulation, being the number given to the record in accordance with paragraph (d) of that sub-regulation: and

(iii) if the serial number of the chassis of the receiver is not marked on the outside of the receiver, the words ‘ Serial number ’ followed by that serial number; and”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Broadcasting and Television Regulations 1972 were introduced to address the need for a streamlined regulatory framework governing the hiring of broadcast receivers, as stipulated under the Broadcasting and Television Act 1942-1972. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations aimed to create a more structured and efficient process for businesses involved in the hiring of broadcast receivers, including television receivers. By specifying detailed conditions for hirer's licences, such as the requirement to submit monthly returns and maintain comprehensive records of hirings, the regulations sought to enhance transparency and accountability in the industry. The policy objective was to ensure that all relevant stakeholders comply with the regulatory requirements, thereby facilitating better oversight and enforcement of the Act's provisions. The amendments made to the Broadcasting and Television Regulations by Statutory Rules 1972 No. 162 further refined the regulatory landscape by updating the manner in which licences were to be attached and receivers marked. This adjustment was intended to provide clearer guidelines for businesses and ensure that the regulatory requirements were effectively communicated and implemented. The regulations reflect a commitment to maintaining a balanced and orderly broadcasting environment in Australia, while also accommodating the evolving nature of the industry.

Scope and Application

The Broadcasting and Television Regulations 1972, made under the Broadcasting and Television Act 1942-1972, provide detailed rules governing the operation of hirer's licences for broadcast receivers. These regulations apply to entities or individuals who hold a hirer's licence for more than one receiver and are engaged in a business involving the hiring of receivers within a State. The scope of these regulations includes the requirement for licence holders to submit written returns to the Chief Accountant of the Finance and Accounting Branch, Postmaster-General’s Department, detailing the number of receivers hired out and the duration of each hire. Licence holders must also maintain specific records for each receiver hired out, including descriptions, start and end dates of hirings, and must ensure these records are kept for two years post-termination of use. The regulations outline the manner in which licences must be attached to receivers and specify the particulars to be marked on them, such as the hirer's name, address, and record number. These regulations apply across the Commonwealth of Australia and supersede previous regulations, ensuring compliance with the updated record-keeping and reporting requirements.

Key Provisions

The main operative sections of these regulations (Regulations under the Broadcasting and Television Act 1942-1972) introduce new conditions for hirer's licences, particularly for the use of more than one receiver, and modify the manner of marking receivers under Regulation 14. Regulation 13(2) requires the holder of a hirer’s licence, in respect of more than one receiver, to submit a monthly written return to the Chief Accountant, Finance and Accounting Branch, Postmaster-General’s Department in the state where the business is conducted. This return must detail the maximum number of receivers hired out at any one time and the total days each receiver was hired out during the month (Regulation 13(2)(a)(i) and (ii)). The holder must also declare, under their hand, the accuracy of the statements made in the return (Regulation 13(2)(b)). In addition, the holder must keep a record of each hiring of the receiver used for hire, including a description of the receiver, the commencement and termination dates of each hiring, and retain this record for two years after the receiver ceases to be used for hire (Regulation 13(2)(c) to (f)). The regulations impose several obligations on the parties or entities they govern. The holder of a hirer’s licence must ensure compliance with the record-keeping and reporting requirements stipulated in Regulation 13. This includes submitting the monthly written return, maintaining accurate records, and making these records available for inspection by an officer upon demand (Regulation 13(2)(b) and (f)). The regulations also mandate that the particulars to be marked on a receiver include the words 'Receiver on hire from' followed by the name and address of the person letting out the receiver, the record number, and the serial number of the receiver's chassis if it is not already marked on the outside of the receiver (Regulation 14(2)(a)). Failure to comply with these regulations may result in civil or criminal consequences. While the specific offences and penalties are not detailed in the provided text, under the Broadcasting and Television Act 1942-1972, breaches of regulations could potentially lead to penalties as outlined in the Act, which may include fines or other sanctions. However, the exact penalties are not specified within the regulations themselves and would need to be referred to in the main Act for precise details.

Area of Law: Media & Entertainment Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Compliance 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.

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