STATUTORY RULES.
1963. No. 11.
REGULATION UNDER THE BROADCASTING AND TELEVISION ACT 1942-1956, AS AMENDED BY THE BROADCASTING AND TELEVISION ACT 1960-1961.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Broadcasting and Television Act 1942-1956, as amended by the Broadcasting and Television Act 1960-1961.
Dated this thirteenth day of February, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
(sgd.) G. E. BARWICK
Attorney-General, For and on Behalf of the Postmaster-General.
Amendment of the Broadcasting and Television Regulations.†
Functions of Board in relation to conditions of licences.
After regulation 4 of the Broadcasting and Television Regulations the following regulation is inserted:—
“4a.—(1.) The functions of the Australian Broadcasting Control Board include the performance of the duty of duly considering and deciding applications to the Board in relation to matters which, under any condition of a licence under the Act in respect of a broadcasting station or television station, may be the subject of application to the Board.
“(2.) In performing its function under this regulation, the Board shall, subject to the Act and the terms and conditions of the licence concerned, proceed in such manner, and after notice to such persons, as it thinks proper, and may inform itself in such manner as it thinks fit.”.
* Notified in the Commonwealth Gazette on 14th February, 1963.
† Statutory Rules 1961, No, 81.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
11337/62.—Price 3d. 10/17.12.1962.
Overview
The Statutory Rules 1963 No. 11, made under the Broadcasting and Television Act 1942-1956, as amended by the Broadcasting and Television Act 1960-1961, aims to refine the regulatory framework governing broadcasting and television operations in Australia. Enacted by the Governor-General in the context of the Federal Executive Council, this regulation introduces new functions for the Australian Broadcasting Control Board, specifically concerning the consideration and decision of applications related to licensing conditions. The objective of this legislative instrument is to provide the Board with the authority to properly assess and make decisions on applications, ensuring compliance with the Act and existing licence terms. This regulation was designed to address gaps in the existing regulatory process, ensuring that the Board has the necessary tools to effectively manage broadcasting and television station operations.
Scope and Application
This statutory rule, issued under the authority of the Broadcasting and Television Act 1942-1956, as amended by the Broadcasting and Television Act 1960-1961, outlines specific regulatory functions for the Australian Broadcasting Control Board concerning licence conditions for broadcasting and television stations. The regulation applies to the Board and its responsibilities in handling applications related to licence conditions. It delineates the Board's duty to consider and decide on applications made under the Act's conditions, ensuring that the Board operates within the bounds of the Act and the specific terms of the licences. The regulation further grants the Board the flexibility to determine the procedural approach to handling such applications, including the manner of providing notice to relevant parties, and the means by which it may gather information to inform its decisions. This rule enhances the Board's capacity to manage and regulate broadcasting and television activities effectively across the Commonwealth.
Key Provisions
The legislative instrument C1963L00011, Statutory Rules 1963, No. 11, is a regulation under the Broadcasting and Television Act 1942-1956, as amended by the Broadcasting and Television Act 1960-1961. This regulation specifically inserts a new section, 4a, into the Broadcasting and Television Regulations. Section 4a(1) establishes that the Australian Broadcasting Control Board (ABCB) has the function of considering and deciding on applications related to any conditions of a licence for a broadcasting or television station. Section 4a(2) provides the Board with the flexibility to determine the manner in which it will consider these applications, subject to the provisions of the Act and the specific terms and conditions of the licence.
The regulation imposes several obligations on the ABCB. Primarily, it mandates that the Board must duly consider and decide on applications pertaining to any licence conditions. The Board is given considerable discretion in how it performs this duty, including the ability to determine the procedure it will follow and the manner in which it will gather information. This discretion is to be exercised in accordance with the Act and the licence conditions, ensuring that the Board’s decisions are consistent with broader legal and regulatory frameworks.
Breach of the provisions set out in this regulation could lead to various consequences. While the regulation itself does not explicitly detail offences or penalties, violations of the conditions of a licence or failure to comply with the Act's requirements could result in enforcement actions by the relevant authorities. Such actions may include administrative penalties, fines, or even the revocation of broadcasting or television licences. The specific penalties would be determined based on the nature and severity of the breach, as well as the relevant provisions of the Broadcasting and Television Act 1942-1956. Given the regulatory context, entities subject to these provisions are expected to adhere closely to the stipulated conditions and procedures to avoid potential enforcement actions.