Parliamentary Proceedings Broadcasting Act 1974

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PARLIAMENTARY PROCEEDINGS BROADCASTING ACT 1974

 

No. 32 of 1974

 

An Act to amend the Parliamentary Proceedings Broadcasting Act 1946-1973.

 

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 1974.

(2) The Parliamentary Proceedings Broadcasting Act 1946-1973 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 1946-1974.

Commencement.

2.  This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “national broadcasting station” the following definition:—

“‘joint sitting’ means a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor-General in pursuance of section 57 of the Constitution; ” and

(b) by adding at the end thereof the following sub-sections:—

“(2) In this Act—

(a) a reference to televising shall be read as a reference to the transmission from a television station of visual images, with or without accompanying sound; and

(b) a reference to re-broadcasting of proceedings shall be read as a reference to broadcasting from a sound recording of proceedings.

“(3) Sections 14, 15 and 16 apply in relation to proceedings of a joint sitting as if—

(a) a reference to broadcasting of proceedings included a reference to televising of proceedings; and

(b) a reference to re-broadcasting of proceedings included a reference to televising from a recording of proceedings.”.


Broadcasting of parliamentary proceedings.

4. (1) Section 4 of the Principal Act is amended—

(a) by omitting the words “the Senate or the House of Representatives” and substituting the words “the Senate, the House of Representatives or a joint sitting”; and

(b) by adding at the end thereof the following sub-sections:—

“(2) Notwithstanding anything contained in the Broadcasting and Television Act 1942-1973, but subject to sub-section (3) of this section, the Australian Broadcasting Commission may televise the whole or a part of the proceedings of a joint sitting.

“(3) The Committee may make determinations requiring the Australian Broadcasting Commission to exercise its powers under sub-section (2) or otherwise relating to the exercise of those powers, and the Commission shall act in accordance with any such determination.”.

(2) Regulations in force immediately before the commencement of this Act for the purposes of section 4 of the Principal Act have effect as all made under the Principal Act as amended by this Act for the purposes of section 4 of the Principal Act as amended by this Act, but may be amended or repealed by regulations made under the Principal Act as amended by this Act.

Power to sit during recess, &c.

5.  Section 11 of the Principal Act is amended by inserting after the word ‘‘sitting’’ the words “or during a joint sitting’

Functions of Committee.

6. Section 12 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3) The Committee shall determine the days upon which, and the periods during which, the proceedings of a joint sitting shall be broadcast.”.

Delegation to Subcommittee.

7. Section 13 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “shall be broadcast” and substituting the words “or of a joint sitting shall be broadcast or its power to determine any matter in accordance with sub-section (3) of section 4” and

(b) by inserting in sub-section (4), after the word “sitting”, the words “or during a joint sitting”.

Recording of parliamentary proceedings.

8.  Section 13a of the Principal Act is amended—

(a) by omitting from sub-section (2) the words “proceedings of the Senate or of the House of Representatives” and substituting the words “proceedings of either House of the Parliament or of a joint sitting”; and

(b) by inserting after sub-section (2) the following sub-section:—


“(2a) The Commission may, with the consent of the Chairman or Vice-Chairman of the Committee, make a visual recording, with or without accompanying sound, of any proceedings of a joint sitting, and shall make such a recording when directed so to do by the Chairman or Vice-Chairman of the Committee.

Rebroadcasting of parliamentary proceedings.

9. Section 14 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the word “Parliament”, the words “or of a joint sitting”; and

(b) by inserting in sub-section (2), after the word “Parliament”, the words “ or of a joint sitting”.

No action for broadcasting parliamentary proceedings.

10. Section 15 of the Principal Act is amended by inserting after the word “Parliament” the words “or of a joint sitting”.

Section 117 of Broadcasting and Television Act inapplicable.

11.  Section 16 of the Principal Act is amended by inserting after the word “Parliament” the words “or of a joint sitting”.

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Overview

The Parliamentary Proceedings Broadcasting Act 1974 was enacted by the Parliament of Australia to amend the Parliamentary Proceedings Broadcasting Act 1946-1973. This Act aimed to address the need for updating and streamlining the legal framework governing the broadcasting of parliamentary proceedings, including joint sittings of the Senate and the House of Representatives. The 1974 Act expanded the scope of broadcasting provisions to include joint sittings and provided clearer definitions and provisions for televising and recording these proceedings. The policy objective was to ensure comprehensive and accessible broadcasting of parliamentary activities, enhancing transparency and public engagement with legislative processes. This Act came into effect on the day it received Royal Assent, ensuring immediate application of the updated broadcasting provisions.

Scope and Application

The Parliamentary Proceedings Broadcasting Act 1974, as amended, governs the broadcasting of parliamentary proceedings in Australia, extending its application to include the broadcasting and televising of the proceedings of the Senate, the House of Representatives, and joint sittings of these bodies. The Act allows the Australian Broadcasting Commission to televise proceedings, including those of joint sittings, and mandates the Commission to comply with any determinations made by the relevant committee regarding the broadcasting of these proceedings. The Act also permits the Commission to record the proceedings of a joint sitting with or without accompanying sound, with the consent of the Chairman or Vice-Chairman of the Committee, or as directed by the Committee. Additionally, the Act provides for the rebroadcasting of parliamentary proceedings, including those of joint sittings, and immunises broadcasters from legal action for broadcasting these proceedings. The Act applies nationally across Australia, as it is a Commonwealth Act, and its provisions are enforced by the Australian Broadcasting Commission and other relevant authorities. The Act does not specify any exclusions, exemptions, or thresholds, but it may be further regulated through subordinate instruments such as regulations or determinations by the relevant committee.

Key Provisions

The Parliamentary Proceedings Broadcasting Act 1974 (the "Act") amends the Parliamentary Proceedings Broadcasting Act 1946-1973 (the "Principal Act") to include provisions for broadcasting parliamentary proceedings during joint sittings of the Senate and the House of Representatives. The Act allows the Australian Broadcasting Commission (ABC) to televise proceedings of joint sittings, which were previously limited to the Senate or the House of Representatives alone (section 4). The Act also requires the ABC to record joint sitting proceedings, with or without accompanying sound, either at the direction of the Chairman or Vice-Chairman of the Committee or with their consent (section 8). The Act further expands the scope of broadcasting to include re-broadcasting of joint sittings, which were previously limited to the Senate or the House of Representatives (sections 14 and 16). The Act also allows the Committee to determine the days and periods during which joint sittings will be broadcast (section 6). The Act imposes several obligations on the parties it governs. The ABC is required to televise the whole or a part of the proceedings of a joint sitting, subject to any determinations made by the Committee (section 4(2)). The ABC is also required to make visual recordings of joint sitting proceedings, either at the direction of the Chairman or Vice-Chairman of the Committee or with their consent (section 8). The Committee is responsible for determining the days and periods during which joint sittings will be broadcast (section 6). Breach of the Act may result in criminal or civil consequences. The Act does not explicitly outline specific offences, penalties, or consequences for breach, but it is likely that any breach of the Act may be subject to penalties under the Broadcasting and Television Act 1942-1973 or other relevant legislation. The maximum penalties for breach of the Broadcasting and Television Act 1942-1973 are not specified in the Act. However, any breach of the Act that results in an infringement of copyright or other intellectual property rights may result in civil action for damages or other remedies. Additionally, any breach of the Act that results in the unauthorised broadcasting of parliamentary proceedings may result in criminal charges under the Crimes Act 1914 or other relevant legislation.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Act
Concepts
Definitions & Interpretation
Broadcasting of parliamentary proceedings
Recording of parliamentary proceedings
Commencement Provisions

Interactions

Authorises

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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.