Parliamentary Proceedings Broadcasting
Act 1973
No. 94 of 1973
AN ACT
To amend the Parliamentary Proceedings Broadcasting Act 1946–1960.
[Assented to 30 August 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Parliamentary Proceedings Broadcasting Act 1973.
(2) The Parliamentary Proceedings Broadcasting Act 1946–1960 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Parliamentary Proceedings Broadcasting Act 1946–1973.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definition.
3. Section 3 of the Principal Act is amended by omitting from the definition of “national broadcasting station” the words “Australian Broadcasting Act 1942” and substituting the words “Broadcasting and Television Act 1942–1972”.
4. After section 3 of the Principal Act the following section is inserted:—
Application to the Territories.
“3a. This Act extends to the Territories not forming part of Australia.”.
Broadcasting of Parliamentary Proceedings.
5. Section 4 of the Principal Act is amended by omitting the words “Australian Broadcasting Act 1942” and substituting the words “Broadcasting and Television Act 1942–1972”.
Constitution of Committee.
6. Section 5 of the Principal Act is amended by omitting from subsection (1) the words “As soon as conveniently practicable after the commencement of this Act, and thereafter at” and substituting the word “At”.
Vacancies.
7. Section 8 of the Principal Act is amended by omitting the words “five of this Act” and substituting the figure “5”.
Section 117 of Broadcasting and Television Act inapplicable.
8. Section 16 of the Principal Act is amended by omitting the words “section ninety of the Australian Broadcasting Act 1942” and substituting the words “section 117 of the Broadcasting and Television Act 1942–1972”.
Overview
The Parliamentary Proceedings Broadcasting Act 1973 was introduced to amend the existing Parliamentary Proceedings Broadcasting Act 1946-1960, ensuring that the legislation remains relevant and effective in the changing broadcasting landscape. Enacted by the Queen, the Senate, and the House of Representatives of Australia, the Act received Royal Assent on 30 August 1973. Its purpose is to update the definition of terms used in the original Act, such as "national broadcasting station," to reflect changes in related legislation like the Broadcasting and Television Act 1942-1972. Additionally, the 1973 Act extends the application of the original Act to the territories not forming part of Australia, ensuring comprehensive coverage. The Act also makes minor amendments to streamline the constitution of the relevant committee and address vacancies, while explicitly stating that Section 117 of the Broadcasting and Television Act 1942-1972 does not apply to the broadcasting of parliamentary proceedings.
Scope and Application
The Parliamentary Proceedings Broadcasting Act 1973 amends the earlier Parliamentary Proceedings Broadcasting Act 1946–1960, and applies to the Australian territories that are not part of the Commonwealth of Australia. The Act regulates the broadcasting of parliamentary proceedings, specifically by amending the definitions and provisions of the Principal Act to reflect changes in other related legislation, such as the substitution of references to the "Broadcasting and Television Act 1942–1972" in place of the "Australian Broadcasting Act 1942". The Act also updates the constitution of the committee responsible for overseeing the broadcasting of parliamentary proceedings and modifies the rules governing vacancies within the committee. Additionally, the Act specifies that section 117 of the Broadcasting and Television Act 1942–1972 is inapplicable in the context of the broadcasting of parliamentary proceedings. The scope of this legislation is confined to the territories not forming part of Australia, ensuring that the regulation of parliamentary broadcasting is consistent across the nation.
Key Provisions
The main sections of the Parliamentary Proceedings Broadcasting Act 1973 (Act) pertain to the citation of the Act, its commencement, and its definitional scope. Specifically, section 1 provides that this Act may be cited as the Parliamentary Proceedings Broadcasting Act 1973. Section 2 states that this Act shall come into operation on the day it receives the Royal Assent. Section 3 amends the definition of "national broadcasting station" in the Principal Act, substituting the Broadcasting and Television Act 1942–1972 for the Australian Broadcasting Act 1942. Additionally, section 3a extends the application of this Act to the Territories not forming part of Australia. Section 4 amends the Principal Act to replace references to the Australian Broadcasting Act 1942 with the Broadcasting and Television Act 1942–1972. Section 6 modifies the constitution of the Committee, while section 7 addresses vacancies within the Committee. Finally, section 8 removes certain words from the Principal Act and substitutes others, and section 117 of the Broadcasting and Television Act is declared inapplicable to this Act.
The Act imposes several obligations and requirements on parties and entities governed by it. For instance, section 3a mandates that this Act extends its application to the Territories not forming part of Australia. Section 3 modifies the definition of "national broadcasting station" by substituting the Broadcasting and Television Act 1942–1972 for the Australian Broadcasting Act 1942, thereby updating the legislative framework. Section 4 further amends the Principal Act to ensure consistency with the Broadcasting and Television Act 1942–1972. Section 6 modifies the constitution of the Committee, while section 7 addresses vacancies within the Committee. These amendments and extensions aim to align the legislative framework with the current broadcasting laws and ensure comprehensive coverage of the territories.
The Act also outlines offences, penalties, or civil/criminal consequences for breaches, although specific details regarding penalties are not provided within the text. The primary focus of the Act is on the broadcasting of parliamentary proceedings and the governance of the relevant Committee. Therefore, any breaches would likely involve violations of the broadcasting requirements or governance of the Committee, rather than specific financial penalties or criminal consequences. However, given the nature of legislative amendments and the importance of parliamentary broadcasting, non-compliance could result in legal challenges or administrative penalties imposed by relevant authorities. The precise nature of these consequences would depend on the specific circumstances and the interpretation of the Act by the courts or administrative bodies.