Commonwealth Numbered Acts

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BROADCASTING SERVICES ACT 1992


TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Regulatory policy  
   5.      Role of the ABA  
   6.      Interpretation  
   7.      Interpretation - meaning of control  
   8.      Interpretation - shareholding interests, voting interests, dividend interests and winding-up interests  
   9.      Act to bind the Crown  
   10.     Extension of Act to the external Territories  
   11.     Categories of broadcasting services  
   12.     Method of regulating particular services  
   13.     National broadcasting services  
   14.     Commercial broadcasting services  
   15.     Community broadcasting services  
   16.     Subscription broadcasting services  
   17.     Subscription narrowcasting services  
   18.     Open narrowcasting services  
   19.     ABA may determine additional criteria or clarify existing criteria  
   20.     Determinations and clarifications to be disallowable by the Parliament  
   21.     Requests to ABA to decide which category a broadcasting service falls into  
   22.     Matters to be considered by ABA  
   23.     Planning criteria  
   24.     ABA to determine priorities  
   25.     Preparation of frequency allotment plans  
   26.     Preparation of licence area plans  
   27.     Processes to be public  
   28.     Limitation on allocation of commercial television broadcasting licences  
   29.     Designation of licence areas  
   30.     ABA may determine population figures  
   31.     Minister may reserve capacity for national broadcasters or community broadcasters  
   32.     Reservations to be disallowable by the Parliament  
   33.     Development of technical planning guidelines  
   34.     Alternative uses of broadcasting services bands  
   35.     Notification of decisions under this Part  
   36.     ABA to determine system for allocating licences  
   37.     When licences must not be allocated  
   38.     ABA to advertise for applications for certain licences  
   39.     Additional commercial radio licences in single markets  
   40.     Allocation of other licences  
   41.     When persons are regarded as suitable  
   42.     Conditions of commercial broadcasting licences  
   43.     ABA may impose additional conditions  
   44.     Matters to which conditions may relate  
   45.     Duration of licences  
   46.     Applications for renewal  
   47.     ABA to renew licences unless it is aware of special circumstances  
   48.     Transfer of commercial broadcasting licences  
   49.     Surrender of commercial broadcasting licences  
   50.     Interpretation - knowledge of company  
   51.     Means of dealing with overlapping licence areas  
   52.     Changes in licence area populations not to put persons in breach of this Part  
   53.     Limitation on control of commercial television broadcasting licences  
   54.     Limitation on control of commercial radio broadcasting licences  
   55.     Limitation on numbers of directorships - television  
   56.     Limitation on numbers of directorships - radio  
   57.     Foreign persons not to be in position to control commercial television broadcasting licence  
   58.     Limitation on foreign directorships - commercial television broadcasting licensees  
   59.     Newspapers associated with commercial television or radio broadcasting licence areas  
   60.     Limitation on control of commercial television broadcasting licences, commercial radio broadcasting licences and associated newspapers  
   61.     Limitation on cross-media directorships  
   62.     Requirement on licensees to notify control and directorships  
   63.     Requirement to notify changes in control  
   64.     Person who obtains control of commercial licence must notify the ABA  
   65.     Person in control of commercial television licence must notify the ABA of newspaper interests  
   66.     Offence for breaches without approval  
   67.     Applications for prior approval of temporary breaches  
   68.     Extension of time for compliance with notice  
   69.     Breach of notice under section 67 to constitute an offence  
   70.     Notices by the ABA  
   71.     Extension of time for compliance with notice  
   72.     Breach of notice under section 70 to constitute an offence  
   73.     Approval of breach of television ownership limits in small markets  
   74.     Requests to ABA to give an opinion on whether a person is in a position to control a licence, a newspaper or a company  
   75.     Register of matters under this Part  
   76.     Continuing offences  
   77.     Part has effect notwithstanding Trade Practices Act  
   78.     Part not to invalidate appointments  
   76.     Interpretation  
   80.     ABA to advertise for applications for BSB community broadcasting licences  
   81.     When licences must not be allocated  
   82.     Other community broadcasting licences  
   83.     When persons are regarded as suitable  
   84.     Allocation of community broadcasting licences  
   85.     ABA not required to allocate community broadcasting licence to any applicant  
   86.     Conditions of community broadcasting licences  
   87.     ABA may impose additional conditions on community broadcasting licences  
   88.     Matters to which conditions may relate  
   89.     Duration of community broadcasting licences  
   90.     Applications for renewal of community broadcasting licences  
   91.     ABA to renew community broadcasting licences unless it is aware of special circumstances  
   92.     Surrender of community broadcasting licences  
   117.    Determination of class licences  
   118.    Conditions of class licences  
   119.    Matters to which conditions may relate  
   120.    Variation of class licences  
   121.    Class licences and variations to be disallowable by the Parliament  
   122.    Program standards for children's programs and Australian content  
   123.    Development of codes of practice  
   124.    ABA to maintain Register of codes of practice  
   125.    ABA may determine program standards where codes of practice fail or where no code of practice developed  
   126.    Consultation on standards  
   127.    Notification of determination or variation or revocation of standards  
   128.    Standards to be disallowable by the Parliament  
   129.    Limitation of ABA's power in relation to standards  
   130.    Application of the Trade Practices Act  
   131.    Prohibition on providing a commercial television broadcasting service without a licence  
   132.    Prohibition on providing a subscription television broadcasting service without a licence  
   133.    Prohibition on providing a commercial radio broadcasting service without a licence  
   134.    Prohibition on providing a community television broadcasting service without a licence  
   135.    Prohibition on providing a community radio broadcasting service without a licence  
   136.    Continuing offences  
   137.    Notices for providing broadcasting services without appropriate authority  
   138.    Breach of notice under section 137 to constitute an offence  
   139.    Offence for breach of conditions of licences and class licences  
   140.    Continuing offences  
   141.    Notices to stop breaches of conditions of licences, class licences or of codes of practice  
   142.    Breach of notice under section 141 to constitute an offence  
   143.    Suspension and cancellation  
   144.    Application to Federal Court  
   145.    Continuing offences  
   146.    Limitation on prosecutions  
   147.    Complaints relating to offences or breach of licence conditions  
   148.    Complaints under codes of practice  
   149.    Investigation of complaints by the ABA  
   150.    Complaints relating to national broadcasting services  
   151.    Investigation of complaints relating to the ABC or SBS by the ABA  
   152.    Action by ABA where complaint justified  
   153.    ABA may report to Minister on results of recommendation  
   154.    Establishment of the ABA  
   155.    How the ABA is to be constituted  
   156.    Minister may appoint associate members  
   157.    Period of appointment of members and associate members  
   158.    Primary functions of the ABA  
   159.    Additional functions of the ABA  
   160.    General obligations of the ABA  
   161.    Minister may notify the ABA of general policies of the Government that are to apply to the ABA  
   162.    Minister may give directions to ABA  
   163.    ABA not otherwise subject to direction  
   164.    General powers of the ABA  
   165.    Staff  
   166.    Consultants  
   167.    Administrative provisions  
   168.    Obtaining of information by the ABA  
   169.    Decision-making by the ABA not limited to matters discovered by investigation or hearing  
   170.    Investigations by the ABA  
   171.    Minister may direct an investigation  
   172.    ABA may call for written submissions from the public  
   173.    Notice requiring appearance for examination  
   174.    Examination on oath or affirmation  
   175.    Examination to take place in private  
   176.    Record to be made of examination  
   177.    Production of documents for inspection  
   178.    Report on investigation  
   179.    Publication of report  
   180.    Person adversely affected by report to be given opportunity to comment  
   181.    Interpretation - members to include associates  
   182.    Power to hold hearings  
   183.    Minister may direct ABA to hold a hearing  
   184.    Procedure for conduct of hearings  
   185.    ABA may direct holding of conference  
   186.    Hearings to be informal, quick and economical  
   187.    Hearings to be in public except in exceptional cases  
   188.    Public notice of hearings  
   189.    Confidential material not to be published  
   190.    Directions as to private hearings  
   191.    Constitution of ABA for conduct of hearings  
   192.    Presiding member  
   193.    Reconstitution of hearing panel  
   194.    Exercise of powers in relation to conduct of hearing  
   195.    Summons to give evidence or produce documents  
   196.    Written submissions may be made to hearing  
   197.    Evidence and submissions to be taken into account by ABA  
   198.    Representation at hearings  
   199.    Reports on hearings  
   200.    Protection of members and persons giving evidence  
   201.    Protection of panel conducting hearing  
   202.    Non-compliance with requirement to give evidence  
   203.    Proceedings for defamation not to lie  
   204.    Appeals to the Administrative Appeals Tribunal  
   205.    Notification of decisions to include notification of reasons and appeal rights  
   206.    Broadcasting taken to be publication in permanent form  
   207.    Amounts of fees  
   208.    Supplying false or misleading information  
   209.     
   210.    Publication of opinions  
   211.    Service of notices  
   212.    Special provisions for re-transmission of programs  
   213.    Penalties for continuing offences  
   214.    Procedure relating to continuing offences  
   215.    Review of television broadcasting industry  
   216.    Ministerial consultative and advisory bodies  
   217.    Regulations  
   218.    Channel sharing  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3


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