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AUSTRALIAN BROADCASTING CORPORATION ACT 1983 - SECT 25 General powers of Corporation

AUSTRALIAN BROADCASTING CORPORATION ACT 1983 - SECT 25

General powers of Corporation

  (1)   Subject to this section, the Corporation has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:

  (a)   to enter into contracts;

  (b)   to acquire, hold and dispose of real or personal property;

  (c)   to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Corporation;

  (d)   to erect buildings and structures and carry out works;

  (da)   to produce, promote or present programs or arrange, or provide facilities, for the production, promotion or presentation of programs;

  (db)   to transmit programs or other matter by means of guided or unguided electromagnetic energy, or provide facilities for such transmissions;

  (dc)   to arrange for the transmission of programs or other matter by means of guided or unguided electromagnetic energy;

  (e)   to appoint agents and attorneys, and to act as an agent for other persons;

  (f)   to engage persons to perform services for the Corporation;

  (g)   to accept gifts, devises and bequests made to the Corporation, whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Corporation on trust; and

  (h)   to do anything incidental to any of its powers.

  (3)   Subject to subsection   ( 5), the Corporation does not have power to accept any payment or other consideration for the broadcasting of any announcement, program or other matter.

  (4)   Subject to subsection   ( 5), the Corporation does not have power:

  (a)   to accept the performance of any service, or the provision of any facility, for the Corporation; or

  (b)   to accept any gift, devise or bequest to the Corporation, whether offered or made unconditionally or subject to conditions;

where it is likely that the independence or integrity of the Corporation would be affected.

  (5)   Nothing in subsection   ( 3) or (4) precludes the Corporation from:

  (a)   accepting the performance of services, the provision of facilities or the payment of moneys by or on behalf of the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory; or

  (b)   entering into an agreement or arrangement with:

  (i)   a bona fide producer of:

  (A)   broadcasting programs;

  (B)   cinematograph films or sound recordings; or

  (C)   public concerts or other public entertainments; or

  (ii)   a bona fide publisher of any literary material, in relation to the sharing of any expense or risk associated with the production, distribution, sale or presentation of any such program, film, recording, concert, entertainment or literary material; or

  (c)   providing, or entering into an agreement or arrangement with another person for providing, subscription television broadcasting services within the meaning of the Broadcasting Services Act 1992 ; or

  (d)   providing, or entering into an agreement with another person for providing:

  (i)   subscription radio broadcasting services; or

  (ii)   subscription radio narrowcasting services; or

  (iii)   subscription television narrowcasting services; or

  (iv)   open narrowcasting radio services; or

  (v)   open narrowcasting television services;

    within the meaning of the Broadcasting Services Act 1992 ; or

  (e)   accepting any payment or other consideration for or in relation to any announcement, program or other matter provided by the Corporation's international television service and its associated audio channels outside Australia.

  (6)   The Corporation may provide studios, at such places as the Minister approves, for the performance of its functions.

  (7)   The Corporation shall provide such offices and other accommodation as are necessary for the performance of its functions.

  (8)   The powers of the Corporation may be exercised within or outside Australia.