Commonwealth Numbered Acts

BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - SCHEDULE 3

SCHEDULE 3
ADMINISTRATIVE PROVISIONS APPLICABLE TO THE ABA Terms and conditions
applicable to members and associate members
1. The Minister is to determine in writing those terms and conditions of
office of the members and associate members that are not set out in this Act.
Remuneration and allowances of members and associate members
2.(1) A member or an associate member is to be paid:

   (a)  such remuneration as is determined by the Remuneration Tribunal; or

   (b)  if no determination of that remuneration by the Tribunal is in
        operation - such remuneration as is prescribed.

(2) A member is to be paid such allowances as are prescribed.

(3) A member is to be paid such other benefits as the Minister determines in
writing.

(4) Those other benefits may include benefits by way of financial or other
assistance in connection with housing, transport, insurance, long service
leave or superannuation. Outside employment
3.(1) The Chairperson must not engage in paid employment outside the duties of
his or her office without the approval of the Minister.

(2) The Deputy Chairperson and full-time members and associate members must
not engage in paid employment outside the duties of their offices without the
approval of the Chairperson. Leave of absence
4.(1) The Chairperson, the Deputy Chairperson and each full-time member and
associate member has such recreation leave entitlements as are determined by
the Remuneration Tribunal.

(2) The Minister may grant leave of absence (other than recreation leave) to
the Chairperson on such terms and conditions as to remuneration or otherwise
as the Minister determines in writing.

(3) The Chairperson may grant leave of absence (other than recreation leave)
to another member or an associate member on such terms and conditions as to
remuneration or otherwise as the Chairperson determines in writing. Acting
appointments
5.(1) If:

   (a)  there is a vacancy in the office of Chairperson, whether or not an
        appointment has previously been made to the office; or

   (b)  the Chairperson is absent from duty or from Australia or is otherwise
        unable to perform the duties of the office of Chairperson; the
        Deputy Chairperson is to act as the Chairperson during the vacancy,
        absence or inability.

(2) If the Deputy Chairperson is not available, the Minister may appoint
another member to act as the Chairperson during the vacancy, absence or
inability.

(3) If:

   (a)  there is a vacancy in the office of Deputy Chairperson, whether or not
        an appointment has previously been made to the office; or

   (b)  the Deputy Chairperson is absent from duty or from Australia or is
        otherwise unable to perform the duties of the office of Deputy
        Chairperson; the Minister may appoint another member to act as the
        Deputy Chairperson during the vacancy, absence or inability.

(4) The Minister may appoint a person to act in the office of a member (other
than the Chairperson or Deputy Chairperson):

   (a)  during a vacancy in the office, whether or not an appointment has
        previously been made to the office; or

   (b)  during any period, or during all periods, when the occupant of the
        office is absent from duty or from Australia or is otherwise unable to
        perform the duties of the office including a period when the member is
        acting as the Chairperson or Deputy Chairperson.

(5) A person appointed to act during a vacancy must not continue to act for
more than 12 months.

(6) A person acting in an office under this clause is entitled to the same
remuneration and allowances that are payable to the holder of the office in
lieu of his or her own remuneration and allowances, but retains his or her own
other benefits.

(7) Anything done by a person purporting to act under an appointment under
this clause is not invalid merely because:

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in connection with the appointment;
        or

   (c)  the appointment had ceased to have effect; or

   (d)  the occasion for the person to act had not arisen or had ceased.
        Disclosure of interests by members
6.(1) This clause applies if a member:

   (a)  is to take part or is taking part in deciding a matter before the ABA;
        and

   (b)  has or acquires a direct or indirect pecuniary or other interest that
        could conflict with the member's duties in taking part in deciding the
        matter.

(2) If the member is not the Chairperson, the member must disclose the
interest to the Chairperson.

(3) If the member is not the Chairperson and the Chairperson becomes aware
that the member has the interest, the Chairperson must:

   (a)  if the Chairperson considers that the member should not take part or
        continue to take part in deciding the matter - direct the member
        accordingly; or

   (b)  in any other case - cause the interest to be disclosed to the persons
        concerned in the matter.

(4) If the member is the Chairperson, he or she must cause the interest to be
disclosed to the persons concerned in the matter.

(5) Subject to any direction of the Chairperson under subclause (3), the
member is not to take part or continue to take part in deciding the matter
unless everyone concerned in it consents. Disclosure of interests by other
persons
7.(1) This clause applies where:

   (a)  an associate member or a member of the staff of the ABA is to take
        part or is taking part in deciding a matter before the ABA; and

   (b)  the person has or acquires a direct or indirect pecuniary or other
        interest that could conflict with the person's duties in taking part
        in deciding the matter.

(2) The person must:

   (a)  immediately notify the ABA of the interest; and

   (b)  do whatever is necessary to avoid a conflict. Resignation
8. A member or an associate member may resign from office by instrument in
writing sent to the Minister. Termination of appointment
9.(1) The Governor-General may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.

(2) The Minister may terminate the appointment of an associate member for
misbehaviour or physical or mental incapacity.

(3) If:

   (a)  the Chairperson, the Deputy Chairperson or a full-time member or
        associate member becomes bankrupt, applies to take the benefit of a
        law for the relief of bankrupt or insolvent debtors, compounds with
        creditors or makes an assignment of remuneration for their benefit; or

   (b)  the Chairperson, the Deputy Chairperson or a full-time member or
        associate member engages, except with the approval of the Minister, in
        paid employment outside the duties of his or her office; or

   (c)  the Chairperson, the Deputy Chairperson or a full-time member or
        associate member is absent from duty, except on leave of absence
        granted under clause 4, for 14 consecutive days or for 28 days in any
        year; or

   (d)  a part-time member is absent from 3 consecutive meetings of the ABA
        without the approval of the Chairperson; or

   (e)  a member or associate member fails, without reasonable excuse, to
        comply with clause 6 or 7; the person's appointment may be terminated.

(4) A termination of appointment under subclause (3) is to be made:

   (a)  in the case of a member - by the Governor-General; or

   (b)  in the case of an associate member - by the Minister.

(5) If an appointment is terminated under this clause, the Minister must cause
to be tabled in the Parliament a statement setting out the reasons for that
action. Procedures that apply to meetings of the ABA
10.(1) The ABA is to hold such meetings as are necessary for the efficient
performance of its functions.

(2) The Chairperson may convene a meeting at any time.

(3) The Chairperson is to preside at all meetings at which he or she is
present.

(4) If the Chairperson is not present at a meeting:

   (a)  the Deputy Chairperson is to preside; or

   (b)  if the Deputy Chairperson is not present - the members present are to
        appoint a member to preside.

(5) At a meeting, 3 members constitute a quorum.

(6) Questions arising at a meeting are to be determined by a majority of the
votes of the members present and voting.

(7) The person presiding at a meeting has a deliberative vote and, if
necessary, also has a casting vote.

(8) The ABA may, subject to this Schedule, regulate proceedings at its
meetings as it considers appropriate.

(9) The Chairperson may permit members to participate in a particular meeting,
or some or all meetings, by telephone, closed-circuit television or any other
means of communication, and a member who so participates is to be regarded as
being present at the meeting. Resolutions without meetings
11. If the ABA so determines, a resolution is to be taken to have been passed
at a meeting of the ABA if:

   (a)  without meeting, a majority of the number of members indicate
        agreement with the resolution in accordance with the method determined
        by the ABA; and

   (b)  that majority would, if present at a meeting of the ABA, have
        constituted a quorum under subclause 10(5); and

   (c)  all members were informed of the proposed resolution, or reasonable
        efforts had been made to inform all members of the proposed
        resolution. Liability to taxation
12.(1) Subject to subclause (3), the ABA is not subject to taxation under any
law of the Commonwealth or of a State or Territory.

(2) Sales tax is not payable by the ABA, or by any other person, on goods that
are for use by the ABA.

(3) The regulations may provide that subclause (1) or (2) does not apply to
taxation under a specified law. Estimates
13.(1) The ABA must prepare estimates, in the form directed by the Minister,
of its receipts and expenditure for:

   (a)  each financial year; and

   (b)  if the Minister so directs - for any other period specified by the
        Minister.

(2) The ABA must give the estimates to the Minister not later than such date
as the Minister directs.

(3) The ABA's money must be spent in accordance with the estimates approved by
the Minister. Application of Division 3 of Part XI of the Audit Act
14. The ABA is a public authority to which Division 3 of Part XI of the
Audit Act 1901 applies. Money of the ABA
15.(1) There is payable to the ABA such money as is appropriated by the
Parliament for the purposes of the ABA.

(2) The Minister for Finance may give directions as to the amounts in which,
and the times at which, that money is to be paid to the ABA. Application of
money
16.(1) Subject to subclause (2), money of the ABA may only be applied:

   (a)  in discharge of the expenses or liabilities incurred by the ABA in
        connection with the performance of its functions or the exercise of
        its powers; or

   (b)  in payment of remuneration or allowances payable under this Act; or

   (c)  in making any other payments required to be made under this Act.

(2) Money of the ABA that is not immediately required for its purposes may be
invested:

   (a)  on fixed deposit with the Reserve Bank of Australia or another bank
        approved by the Treasurer; or

   (b)  in securities of the Commonwealth; or

   (c)  in another manner approved by the Treasurer. Limitation on expenditure
        on contracts
17. The ABA must not, without the approval of the Minister, enter into a
contract under which the ABA is to pay or receive an amount exceeding
$1,000,000 or such greater amount as is prescribed. Delegation
18.(1) Subject to subclause (2), the ABA may, in writing, delegate all or any
of its powers to:

   (a)  a member; or

   (b)  an associate member; or

   (c)  a member of the staff of the ABA.

(2) The ABA is not to delegate the power to:

   (a)  cancel or suspend licences; or

   (b)  decide that a person is not suitable to be allocated or to continue to
        hold a licence; or

   (c)  impose, vary or revoke a condition on a licence; or

   (d)  determine, vary or revoke a program standard; or

   (e)  determine or vary priorities under section 24; or

   (f)  prepare or vary frequency allotment plans under section 25; or

   (g)  prepare or vary licence area plans under section 26; or

   (h)  give an opinion under section 21 or 74; or

        (i)    approve or refuse to approve temporary breaches under section
               67; or

   (j)  issue, or extend the time for compliance with, a notice; or

   (k)  refer a matter under this Act to the Director of Public Prosecutions;
        or

   (l)  initiate a hearing.