Commonwealth Consolidated Acts Commonwealth Consolidated ActsSection 30
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
Subsection 3(1) (definition of voluntary body ):
Omit paragraph (e), substitute:
(e) the holder of a licence or a person providing a broadcasting service under a class licence under the Broadcasting Services Act 1992 ;
Subsection 5(3):
Omit “broadcasting or televising within the meaning of the Broadcasting Act 1942 ”, substitute “the provision of a broadcasting service specified in section 11 of the Broadcasting Services Act 1992 ”.
Australian Broadcasting Corporation Act 1983
Section 6:
Omit “public sectors” (wherever occurring), substitute “community sectors”.
Subsection 8(1):
Add at the end:
; and (e) to develop codes of practice relating to programming matters and to notify those codes to the Australian Broadcasting Authority.
Subsection 25(5):
Add at the end:
; or (c) providing, or entering into an agreement or arrangement with another person for providing, subscription television broadcasting services under Part 7 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;
under Part 8 of the Broadcasting Services Act 1992 .
Section 29A:
Repeal the section, substitute:
29A Broadcasting facilities may be made available
The Corporation may make broadcasting facilities and staff available to a person for the purpose of providing a broadcasting service under the Broadcasting Services Act 1992 .
Section 30:
Repeal the section.
Section 73 (definition of transmitting station ):
Omit paragraphs (b), (c) and (d).
Section 79:
Omit “ Broadcasting Act 1942 ”, substitute “ Broadcasting Services Act 1992 ”.
After section 79:
Insert:
79A Broadcasting of political or controversial matter
(1) Subject to this Act, the Corporation may determine to what extent and in what manner political matter or controversial matter will be broadcast by the Corporation.
(2) If the Corporation broadcasts political matter at the request of another person, the Corporation must, immediately afterwards:
(a) if the matter was broadcast by radio—cause the required particulars in relation to the matter to be announced; or
(b) if the matter was televised:
(i) cause the required particulars in relation to the matter (other than the particulars referred to in paragraph (c) of the definition of required particulars in subsection (5)) to be announced; and
(ii) cause all the required particulars in relation to the matter to be transmitted in the form of images of words.
(3) The Corporation must, in relation to political matter broadcast at the request of another person, keep a record of the name, address and occupation of the person or, if the person is a company, the name and the address of the principal office of the person, for the required period and must give to the ABA any particulars of the record that the ABA, by written notice, requires.
(4) For the purposes of this section, a person authorises the broadcasting of political matter only if the person is responsible for approval of the content of the political matter and the decision to present it for broadcasting.
(5) In this section:
"election" means an election to a Parliament or a local government authority of a State or Territory.
"election period" means:
(a) in relation to an election to the Legislative Council of Tasmania, or an ordinary election to the Legislative Assembly of the Australian Capital Territory—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and
(b) in relation to any other election to a Parliament—the period that starts on:
(i) the day on which the proposed polling day for the election is publicly announced; or
(ii) the day on which the writs for the election are issued;
whichever happens first, and ends at the close of the poll on the polling day for the election; and
(c) in relation to an election to a local government authority—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and
(d) in relation to a referendum whose voting day is the same as the polling day for an election to the Parliament of the Commonwealth—the election period in relation to that election; and
(e) in relation to any other referendum—the period that starts 33 days before the voting day for the referendum and ends at the close of voting on that day.
"Parliament" means:
(a) the Parliament of the Commonwealth; or
(b) a State Parliament; or
(c) the legislature of a Territory.
"person" includes a political party, a corporation and any other association (whether incorporated or unincorporated).
"political matter" means any political matter, including the policy launch of a political party.
"referendum" means the submission to the electors of a proposed law for the alteration of the Constitution, whether or not the proposal to make the submission has been announced.
"required particulars" , in relation to a political matter that is broadcast, means:
(a) if the broadcasting was authorised by a political party:
(i) the name of the political party; and
(ii) the town, city or suburb in which the principal office of the political party is situated; and
(iii) the name of the natural person responsible for giving effect to the authorisation; and
(b) if the broadcasting of the political matter was authorised by a person other than a political party:
(i) the name of the person who authorised the broadcasting of the political matter; and
(ii) the town, city or suburb in which the person lives or, if the person is a corporation or association, in which the principal office of the person is situated; and
(c) the name of every speaker who, either in person or by means of a sound recording device, delivers an address or makes a statement that forms part of that matter.
"required period" , in relation to the keeping of a record in relation to political matter, means the period of 2 years commencing on the day on which the matter was broadcast:
79B Records of matter broadcast
(1) If the Corporation broadcasts matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the Corporation must cause a record of the matter to be made:
(a) in the case of a radio broadcast—by using a device for recording sound; or
(b) in the case of a television broadcast—by using a device for recording images and associated sound.
(2) Subject to this section, the Corporation must retain in its custody a record so made for a period of:
(a) 6 weeks from the date on which the matter was broadcast; or
(b) if a complaint has been made about the matter—for 70 days from the date on which the complaint was made.
(3) If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subsection (2), the person may give to the Corporation a notice in writing informing the Corporation that the record may be required for the purposes of the proceedings.
(4) If such a notice is given to the Corporation in respect of a record, the Corporation must, subject to this section, retain the record until the proceedings or the proposed proceedings to which the notice relates have been finally determined.
(5) If the proceedings are not instituted within a period of 3 months after the notice is given to the Corporation, subsection (4) ceases to apply to the record at the end of that period.
(6) The obligation imposed by this section on the Corporation to retain a record does not apply at any time when the record is in the custody of a court in connection with proceedings instituted in the court.
(7) Subsection (1) does not apply to or in relation to proceedings of the Senate or of the House of Representatives broadcast or re‑broadcast by the Corporation pursuant to the Parliamentary Proceedings Broadcasting Act 1946 .
Section 80:
Insert after paragraph (d) the following paragraph:
(da) codes of practice developed under subsection 8(1);
Commonwealth Electoral Act 1918
Subsection 287(1) (definition of broadcaster ):
Omit paragraph (c), substitute:
(c) the holder of a licence under the Broadcasting Services Act 1992 ; or
(d) the provider of a broadcasting service under a class licence under that Act.
Subsection 310(3):
Omit the subsection.
Subsection 310(4):
Omit the subsection, substitute:
(4) A broadcaster who is required to make a return under this section in respect of an advertisement must retain the record made for the purpose of the relevant provision until the end of the period of one month commencing on the day on which the return is furnished to the Electoral Commission.
(5) The requirement of subsection (4) is in addition to the requirements of the relevant provision for the retention of such a record.
(6) In subsections (4) and (5), the relevant provision means:
(a) in relation to the Australian Broadcasting Corporation—section 79B of the Australian Broadcasting Corporation Act 1983 ; or
(b) in relation to the Special Broadcasting Service—section 70B of the Special Broadcasting Service Act 1991 ; or
(c) in any other case—clause 5 of Schedule 2 to the Broadcasting Services Act 1992 .
Subsection 10(1) (definition of the Special Broadcasting Service ):
Omit “established by the Broadcasting Act 1942 ”, substitute “referred to in section 5 of the Special Broadcasting Service Act 1991 ”.
Paragraph 47A(11)(b) (definition of print‑handicapped radio licence ):
Omit “the Broadcasting Act 1942 , the Radiocommunications Act 1983 or the Wireless Telegraphy Act 1905 ”, substitute “the Broadcasting Services Act 1992 or the Radiocommunications Act 1983 ”.
Parliamentary Proceedings Broadcasting Act 1946
Subsection 3(1) (definition of national broadcasting station ):
Omit the definition, substitute:
"national broadcasting station" means a national broadcasting station within the meaning of the Australian Broadcasting Corporation Act 1983 .
Section 16:
Omit “The provisions of section 117 of the Broadcasting Act 1942 ”, substitute “The provisions of sections 79A and 79B of the Australian Broadcasting Corporation Act 1983 , clauses 3, 4 and 5 of Part 2 of Schedule 2 to the Broadcasting Services Act 1992 and sections 70A and 70B of the Special Broadcasting Services Act 1991 ”.
Section 3:
Omit “ Broadcasting Act 1942 ”, substitute “ Broadcasting Services Act 1992 ”.
Subsection 4(1) (definition of Broadcasting Act ):
Omit the definition.
Subsection 4(1) (definition of gross earnings ):
Omit the definition, substitute:
"gross earnings" , in respect of a licence in respect of a period, means the gross earnings of the licensee during that period from the broadcasting, pursuant to the licence, of advertisements or other material.
Subsection 4(1) (definition of licence ):
Omit the definition, substitute:
"licence" means a commercial radio broadcasting licence referred to in paragraph 5(1)(b), (d) or (f) of the Transitional Provisions Act.
Subsection 4(1):
Insert the following definition:
"Transitional Provisions Act" means the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 .
Subsection 6(3):
Omit “Where a licensee has, in accordance with subsection 123(2) of the Broadcasting Act 1942 , adopted an accounting period ending on a day other than 30 June,”, substitute:
If a licensee:
(a) had, before the commencement of the Transitional Provisions Act, in accordance with the Broadcasting Act 1942 ; or
(b) has, in accordance with subsection 123(2) of the Broadcasting Act 1942 as applied by section 22 of the Transitional Provisions Act;
adopted an accounting period ending on a day other than 30 June,
Subsection 3(1) (definition of broadcasting station ):
Omit the definition, substitute:
"broadcasting station" means a transmitter that is operating for the purposes of a broadcasting services bands licence.
Subsection 3(1) (definition of television station ):
Omit the definition.
Subsection 3(1) (definition of transmitter licence ):
After “section 24” insert “or section 24B”.
Subsection 3(1):
Insert the following definitions:
"ABA" means the Australian Broadcasting Authority established under the Broadcasting Services Act 1992 .
"Broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"Broadcasting services bands" has the same meaning as in the Broadcasting Services Act 1992 .
Section 18:
Add at the end:
(3) The Minister may, after consultation with the ABA and in accordance with the spectrum plan, assign by instrument in writing a part of the spectrum designated as being primarily for broadcasting purposes to the ABA for planning in accordance with Part 3 of the Broadcasting Services Act 1992 .
After subsection 19(1):
Insert:
(1A) Subsection (1) does not apply in relation to a frequency band within a part of the spectrum assigned to the ABA under subsection 18(3).
After section 20:
Insert:
20A Advice by ABA
In preparing a spectrum plan or a frequency band plan the Minister must have regard to advice provided by the ABA in accordance with its function under paragraph 158(a) of the Broadcasting Services Act 1992 .
After subsection 21(1):
Insert:
(1A) The Minister must not grant a certificate under subsection (1) in respect of a frequency within the broadcasting services bands.
Subsection 21(8):
Omit “ Broadcasting Act 1942 ”, substitute “ Broadcasting Services Act 1992 ”.
Section 22 (definition of operate ):
Omit the definition.
Subsection 24(1):
Omit “section 24A”, substitute “sections 24A and 24B”.
After subsection 24(1):
Insert:
(1A) The Minister may not grant a licence under subsection (1) to operate a radiocommunications transmitter that uses a frequency within a part of the spectrum assigned to the ABA under subsection 18(3) except in accordance with a decision of the ABA under subsection 34(1) of the Broadcasting Services Act 1992 .
After section 24A:
Insert:
24B Broadcasting service transmitter licence
(1) If a licence ( the related licence ) is allocated to a person:
(a) under Part 4 or 6 of the Broadcasting Services Act 1992 ; or
(b) under Part 7 of the Broadcasting Services Act 1992 , being a licence in respect of a service that uses radiocommunication;
the Minister must grant to that person a transmitter licence, in writing, to operate and to possess a specified radiocommunications transmitter or transmitters for the purpose of transmitting a broadcasting service in accordance with the related licence.
(2) A licence under this section comes into force on the day on which it is granted.
(3) A licence under this section:
(a) subject to paragraph (b), continues in force while the related licence remains in force; and
(b) does not have effect while the related licence is suspended; and
(c) upon the transfer of the related licence, is taken to be granted to the person to whom the related licence is transferred.
(4) A licence under this section is subject to the following conditions:
(a) the condition that the holder of the licence must not operate, or permit the operation of, the transmitter except for a purpose specified in the licence; and
(b) the condition that the holder of the licence must comply with the provisions of this Act; and
(c) the condition that the holder of the licence must not operate, or permit the operation of, the transmitter, otherwise than in accordance with any relevant technical specifications determined by the ABA under subsection 26(1) of the Broadcasting Services Act 1992 ; and
(d) the condition that the holder of the licence must comply with guidelines developed by the ABA under section 33 of the Broadcasting Services Act 1992 ; and
(e) such other conditions as are specified in the licence.
(5) The Minister may, by notice in writing:
(a) impose further conditions to which the licence is subject; or
(b) revoke or vary a condition referred to in paragraph (a) or in paragraph 4(e).
(6) A condition specified in the licence or a further condition imposed by the Minister must not be inconsistent with the related licence.
(7) Sections 25, 28 and 29 do not apply in relation to a transmitter licence granted under subsection (1).
After section 25:
Insert the following section:
25A Conditions relating to interference
The conditions that may be specified in a licence under paragraph 24B(4)(e) or 25(1)(k) include:
(a) a condition requiring the holder of the licence to place advertisements, in a manner specified in the condition, asking members of the public to contact the holder if they believe that the operation of the transmitter is causing interference to other services; and
(b) if the operation of the transmitter is causing interference to other services—a condition requiring the holder, at the holder’s own expense, to adjust, or fit devices to, receivers in order to eliminate or minimise that interference.
After subsection 25(8):
Insert:
(8A) The conditions that may be specified in a licence under paragraph (1)(k) include:
(a) a condition requiring the holder of the licence to place advertisements, in a manner specified in the condition, asking members of the public to contact the holder if they believe that the operation of the transmitter is causing interference to other services; and
(b) if the operation of the transmitter is causing interference to other services—a condition requiring the holder, at the holder’s own expense, to adjust, or fit devices to, receivers in order to eliminate or minimise that interference.
Subsection 28(1):
Omit “The Minister”, substitute “Subject to section 24B, the Minister”.
Subsection 29(1):
Omit “The Minister”, substitute “Subject to section 24B, the Minister”.
Section 36 (definition of operate ):
Omit “for the purpose of radio or television reception”, substitute “for the purpose only of reception of programs delivered by a broadcasting service”.
Section 36 (definition of radio or television reception ):
Omit the definition.
Section 36 (definition of receiver ):
Omit “radio or television reception”, substitute “reception of programs delivered by a broadcasting service”.
Subsection 41(3):
Omit “or a television station” and “or television station”.
Subsection 55(2):
(a) Omit “or a television station” (wherever occurring).
(b) Omit “(including a matter relating to the grant, renewal, suspension or revocation of a licence or permit under the Broadcasting Act 1942 )”.
(c) Omit “intended for reception by the general public” (wherever occurring), substitute “delivered by a broadcasting service”.
Section 89:
Repeal the section, substitute:
89 Operation of this Act in relation to Broadcasting Services Act
Regulations under this Act have effect notwithstanding any regulation made under the Broadcasting Services Act 1992 but this Act is not intended to limit or exclude the operation of any regulation made under the Broadcasting Services Act 1992 to the extent that the regulation is capable of operating concurrently with this Act and with regulations under this Act.
After section 92:
Insert:
92A Minister may determine allocation system
(1) The Minister may determine in writing a price‑based allocation system for granting licences of a kind identified in the regulations.
(2) The system so determined:
(a) subject to paragraph (b), may apply generally or in respect of a particular area or frequency; and
(b) does not apply to a frequency within a part of the spectrum assigned to the ABA under subsection 18(3) except in accordance with a decision of the ABA under subsection 34(1) of the Broadcasting Services Act 1992 ; and
(c) may require an application fee.
(3) If a licence is granted in accordance with a system so determined, the Minister must publish in the Gazette the name of the successful applicant and the amount that the applicant agreed to pay to the Commonwealth for the grant of the licence.
Referendum (Machinery Provisions) Act 1984
Section 110 (paragraph (c) of the definition of broadcaster ):
Omit the paragraph, substitute:
(c) the holder of a licence under the Broadcasting Services Act 1992 ; or
(d) the provider of a broadcasting service under a class licence under that Act.
Subsection 111(3):
Omit the subsection.
Subsection 111(4):
Omit the subsection, substitute:
(4) A broadcaster who is required to make a return under this section in respect of an advertisement must retain the record made for the purpose of the relevant provision until the end of the period of one month commencing on the day on which the return is furnished to the Electoral Commission.
(5) The requirement of subsection (4) is in addition to the requirements of the relevant provision for the retention of such a record.
(6) In subsections (4) and (5), the relevant provision means:
(a) in relation to the Australian Broadcasting Corporation, section 79B of the Australian Broadcasting Corporation Act 1983 ; or
(b) in relation to the Special Broadcasting Service, section 70B of the Special Broadcasting Service Act 1991 ; or
(c) in any other case—clause 5 of Schedule 2 to the Broadcasting Services Act 1992 .
Schedule:
Omit “ Broadcasting Act 1942 ”, substitute “ Broadcasting Services Act 1992 ”.
Special Broadcasting Service Act 1991
Paragraph 6(2)(g):
Omit “public”, substitute “community”.
Subsection 10(1):
Add at the end:
; and (j) to develop codes of practice relating to programming matters and to notify those codes to the Australian Broadcasting Authority.
Subsection 45(7):
Omit the subsection.
Section 70:
Omit “ Broadcasting Act 1942 ”, substitute “ Broadcasting Services Act 1992 ”.
After section 70:
Insert:
70A Broadcasting of political or controversial matter
(1) Subject to this Act, the SBS may determine to what extent and in what manner political matter or controversial matter will be broadcast by the SBS.
(2) If the SBS broadcasts political matter at the request of another person, the SBS must, immediately afterwards:
(a) if the matter was broadcast by radio—cause the required particulars in relation to the matter to be announced; or
(b) if the matter was televised:
(i) cause the required particulars in relation to the matter (other than the particulars referred to in paragraph (c) of the definition of required particulars in subsection (5)) to be announced; and
(ii) cause all the required particulars in relation to the matter to be transmitted in the form of images of words.
(3) The SBS must, in relation to political matter broadcast at the request of another person, keep a record of the name, address and occupation of the person or, if the person is a company, the name and the address of the principal office of the person, for the required period and must give to the ABA any particulars of the record that the ABA, by written notice, requires.
(4) For the purposes of this section, a person authorises the broadcasting of political matter only if the person is responsible for approval of the content of the political matter and the decision to present it for broadcasting.
(5) In this section:
"election" means an election to a Parliament or a local government authority of a State or Territory.
"election period" means:
(a) in relation to an election to the Legislative Council of Tasmania, or an ordinary election to the Legislative Assembly of the Australian Capital Territory—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and
(b) in relation to any other election to a Parliament—the period that starts on:
(i) the day on which the proposed polling day for the election is publicly announced; or
(ii) the day on which the writs for the election are issued;
whichever happens first, and ends at the close of the poll on the polling day for the election; and
(c) in relation to an election to a local government authority—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and
(d) in relation to a referendum whose voting day is the same as the polling day for an election to the Parliament of the Commonwealth—the election period in relation to that election; and
(e) in relation to any other referendum—the period that starts 33 days before the voting day for the referendum and ends at the close of voting on that day.
"Parliament" means:
(a) the Parliament of the Commonwealth; or
(b) a State Parliament; or
(c) the legislature of a Territory.
"person" includes a political party, a corporation and any other association (whether incorporated or unincorporated).
"political matter" means any political matter, including the policy launch of a political party.
"referendum" means the submission to the electors of a proposed law for the alteration of the Constitution, whether or not the proposal to make the submission has been announced.
"required particulars" , in relation to a political matter that is broadcast, means:
(a) if the broadcasting was authorised by a political party:
(i) the name of the political party; and
(ii) the town, city or suburb in which the principal office of the political party is situated; and
(iii) the name of the natural person responsible for giving effect to the authorisation; and
(b) if the broadcasting of the political matter was authorised by a person other than a political party:
(i) the name of the person who authorised the broadcasting of the political matter; and
(ii) the town, city or suburb in which the person lives or, if the person is a corporation or association, in which the principal office of the person is situated; and
(c) the name of every speaker who, either in person or by means of a sound recording device, delivers an address or makes a statement that forms part of that matter.
"required period" , in relation to the keeping of a record in relation to political matter, means the period of 2 years commencing on the day on which the matter was broadcast.
70B Records of matter broadcast
(1) If the SBS broadcasts matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the SBS must cause a record of the matter to be made:
(a) in the case of a radio broadcast—by using a device for recording sound; or
(b) in the case of a television broadcast—by using a device for recording images and associated sound.
(2) Subject to this section, the SBS must retain in its custody a record so made for a period of:
(a) 6 weeks from the date on which the matter was broadcast; or
(b) if a complaint has been made about the matter—for 70 days from the date on which the complaint was made.
(3) If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subsection (2), the person may give to the SBS a notice in writing informing the SBS that the record may be required for the purposes of the proceedings.
(4) If such a notice is given to the SBS in respect of a record, the SBS must, subject to this section, retain the record until the proceedings or the proposed proceedings to which the notice relates have been finally determined.
(5) If the proceedings are not instituted within a period of 3 months after the notice is given to the SBS, subsection (4) ceases to apply to the record at the end of that period.
(6) The obligation imposed by this section on the SBS to retain a record does not apply at any time when the record is in the custody of a court in connection with proceedings instituted in the court.
Subsection 99(2) (definition of broadcaster ):
Omit “or the holder of a licence or permit under the Broadcasting Act 1942 ”, substitute “or the holder of a licence under the Broadcasting Services Act 1992 , the provider of a broadcasting service under a class licence under that Act or a person providing a service referred to in section 212 of that Act”.
Television Licence Fees Act 1964
Section 3:
Omit “ Broadcasting Act 1942 ”, substitute “ Broadcasting Services Act 1992 ”.
Subsection 4(1) (definition of gross earnings ):
Omit the definition, substitute:
"gross earnings" , in respect of a licence in respect of a period, means the gross earnings of the licensee during that period from the televising, pursuant to the licence, of advertisements or other matter.
Subsection 4(1) (definition of licence ):
Omit the definition, substitute:
"licence" means a commercial television broadcasting licence referred to in paragraph 5(1)(b) or (e) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 .
Subsection 4(1):
Insert the following definition:
"Transitional Provisions Act" means the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 .
Subsection 6(3):
Omit “Where a licensee has, in accordance with subsection 123(2) of the Broadcasting Act 1942 , adopted an accounting period ending on a day other than 30 June,”, substitute:
If a licensee:
(a) had, before the commencement of the Transitional Provisions Act, in accordance with the Broadcasting Act 1942 ; or
(b) has, in accordance with subsection 123(2) of the Broadcasting Act 1942 as applied by section 22 of the Transitional Provisions Act;
adopted an accounting period ending on a day other than 30 June,
Subsection 65A(3) (definition of consortium ):
Omit the definition.
Subsection 65A(3) (paragraph (a) of the definition of prescribed information provider ):
Omit the paragraph, substitute:
(a) the holder of a licence granted under the Broadcasting Services Act 1992 ; and
(aa) a person who is the provider of a broadcasting service under a class licence under that Act; and
(ab) the holder of a licence continued in force by subsection 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 ; and