Broadcasting Council Regulations

Overview

The Broadcasting Council Regulations, 1981 were enacted under the Broadcasting and Television Act 1942 by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These Regulations establish a Broadcasting Council to perform various functions related to the development of broadcasting and television services in Australia. The Council is tasked with participating in consultations with the Minister, considering matters referred to it by the Minister, and deliberating on issues raised by its members concerning broadcasting and television services. The Council's establishment aims to facilitate effective oversight and consultation in the broadcasting sector, ensuring that the industry's growth and regulation are managed with input from diverse stakeholders. The Regulations outline the Council's composition, powers, term of office, and procedural aspects to ensure its smooth operation and effectiveness in fulfilling its statutory duties.

Scope and Application

The Broadcasting Council Regulations, made under the Broadcasting and Television Act 1942, establish a body known as the Broadcasting Council, which is responsible for various functions related to broadcasting and television services in Australia. The Council consists of a Chairman and seven other members appointed by the Minister, each nominated by different bodies such as the Commission, the Service, and various broadcasting associations. The Council has the authority to consult with the Minister and consider matters referred to it or raised by its members. It is mandated to hold at least six meetings annually, with five members constituting a quorum. The Council's proceedings are documented, and the Chairman is required to report to the Minister on the outcomes of its meetings. Members of the Council may appoint deputies to attend meetings in their absence, and the Council can be accompanied by advisers approved by the nominating bodies, who can provide advice and, with permission, address the Council. These Regulations apply across the Commonwealth of Australia, governing the establishment, functions, and operational procedures of the Broadcasting Council.

Key Provisions

The Broadcasting Council Regulations, made under the Broadcasting and Television Act 1942, establish a body known as the Broadcasting Council (section 3). The Council has the authority to undertake all necessary actions to fulfil its functions as outlined in the Act and these Regulations (section 4). Its primary functions include participating in consultations with the Minister (section 5(a)), considering matters referred by the Minister (section 5(b)), and reviewing issues related to the development of broadcasting and television services in Australia raised by its members (section 5(c)). The Council comprises the Chairman and seven other members, each appointed by the Minister (section 6). Specific members are nominated by various entities, including the Australian Broadcasting Commission, the Australian Broadcasting Service, and several broadcasting associations (section 6(2)). The Council operates effectively even if there are vacancies among its members (section 6(3)), and appointments are not invalidated by any procedural issues (section 6(4)). Members serve terms not exceeding three years, with the possibility of reappointment (section 7). Members can appoint deputies with the Minister's approval, subject to certain conditions (section 8). Members and their deputies can resign, and their resignations must be communicated in writing to the Minister or the member, as appropriate (sections 9 and 10). The Council holds at least six meetings annually, with the Chairman presiding or, in their absence, a member appointed by the attendees (section 11). The Council is required to maintain records of its proceedings and determine its meeting procedures (section 11(6) and (7)). After each meeting, the Chairman must submit a written report to the Minister, detailing the meeting's outcomes and any disagreements among members (section 12). Members can be accompanied by approved advisers who can advise them and, with permission, address the Council (section 13). The Broadcasting Council, as established by these Regulations, has several key obligations. It must engage in consultations with the Minister and consider referred matters, as stipulated by the Act (section 5). Members must comply with the appointment terms and procedures outlined, including the potential for reappointment (section 7). The Council must ensure that meetings are held regularly and maintained records of its proceedings (section 11). Members and their deputies are required to submit written resignations and notify the Minister of any deputy resignations (section 9). The Chairman has the responsibility of reporting meeting outcomes to the Minister (section 12). The Council must also ensure that any deputies and advisers comply with the specified conditions (section 8 and 13). The Regulations do not explicitly detail specific offences, penalties, or consequences for breaches. However, non-compliance with the stipulated procedures and obligations, such as failing to hold required meetings, not submitting reports, or not adhering to resignation protocols, could lead to administrative consequences under the broader framework of the Broadcasting and Television Act 1942. The Act itself may include provisions for penalties related to non-compliance with broadcasting and television regulations, which could apply to breaches of the Council's obligations under these Regulations.