Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 83 Regulations and rules

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 83

83. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters-

   (a)  required or permitted by this Act to be prescribed by regulations; or

   (b)  necessary or convenient to be prescribed by regulations for carrying
        out or giving effect to this Act.

(2) The Board may make rules, not inconsistent with this Act or with any
regulations in force under sub-section (1), prescribing matters-

   (a)  required or permitted by this Act to be prescribed by rules; or

   (b)  necessary or convenient to be prescribed by rules for carrying out or
        giving effect to this Act.

(3) Without limiting the generality of sub-section (2), the rules may make
provision, not inconsistent with this Act or any regulations in force under
sub-section (1)-

   (a)  for regulating the manner in which, and the time within which, appeals
        may be made to the Tenure Appeal Board or the
        Disciplinary Appeal Board;

   (b)  for regulating the procedure of the Tenure Appeal Board or the
        Disciplinary Appeal Board, including, without limiting the generality
        of the foregoing-

        (i)    in the case of the Tenure Appeal Board-

                (A)  the manner by which, and the circumstances in which, 2
                     appeals may be consolidated and heard together; and

                (B)  the manner in which officers or temporary employees may
                     be joined as parties to an appeal under sub-section 56
                     (5); and

        (ii)   in the case of the Tenure Appeal Board or the
               Disciplinary Appeal Board-

                (A)  the procedure for summoning witnesses and requiring the
                     production of documents; and

                (B)  the procedure for the service of documents upon persons;
                     and

   (c)  prescribing the circumstances in which, and the procedure by which,
        the evidence of a person appealing to the Tenure Appeal Board or the
        Disciplinary Appeal Board or of a witness concerned in an appeal to
        the Tenure Appeal Board or the Disciplinary Appeal Board may be taken
        by a member of the Board concerned, or by a person other than a member
        of the Board concerned, who is authorized by the Board concerned to
        take that evidence.

(4) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in
relation to rules as if references in those sections of that Act to
regulations were references to rules.

(5) Rules shall not be deemed to be statutory rules within the meaning of the
Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3C)
(inclusive) of that Act apply in relation to rules in like manner as they
apply in relation to statutory rules.

(6) For the purposes of the application of sub-section 5 (3B) of the
Statutory Rules Publication Act 1903 in accordance with sub-section (5) of
this section, the reference in that first-mentioned sub-section to the
Minister of State for Administrative Services shall be construed as a
reference to the Minister of State administering this Act.