BROADCASTING SERVICES ACT 1992 No. 110, 1992
BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1 - PRELIMINARY Section 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 PART 2 - CATEGORIES OF BROADCASTING SERVICES 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 PART 3 - PLANNING OF THE BROADCASTING SERVICES BANDS 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 PART 4 - COMMERCIAL TELEVISION BROADCASTING LICENCES AND COMMERCIAL RADIO BROADCASTING LICENCES 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 PART 5 - CONTROL OF COMMERCIAL BROADCASTING LICENCES Division 1 - Preliminary 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 Division 2 - Limitation on control 53. Limitation on control of commercial television broadcasting licences 54. Limitation on control of commercial radio broadcasting licences Division 3 - Limitation on directorships 55. Limitation on numbers of directorships - television 56. Limitation on numbers of directorships - radio Division 4 - Limitation on foreign control of television 57. Foreign persons not to be in position to control commercial
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television broadcasting licence 58. Limitation on foreign directorships - commercial television broadcasting licensees Division 5 - Cross-media rules 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 Division 6 - Notification provisions 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 Division 7 - Approval of temporary breaches 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 Division 8 - Action by the ABA 70. Notices by the ABA 71. Extension of time for compliance with notice 72. Breach of notice under section 70 to constitute an offence Division 9 - Special provision for small markets 73. Approval of breach of television ownership limits in small markets Division 10 - Prior opinions by the ABA 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 Division 11 - Miscellaneous 75. Register of matters under this Part 76. Continuing offences 77. Part has effect notwithstanding Trade Practices Act 78. Part not to invalidate appointments PART 6 - COMMUNITY BROADCASTING LICENCES 79. 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 PART 8 - SUBSCRIPTION BROADCASTING AND NARROWCASTING CLASS 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 PART 9 - PROGRAM STANDARDS 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 PART 10 - REMEDIES FOR BREACHES OF LICENSING PROVISIONS Division 1 - Offences for providing unlicensed services
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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 Division 2 - Action by ABA where a person provides a service without a licence 137. Notices for providing broadcasting services without appropriate authority 138. Breach of notice under section 137 to constitute an offence Division 3 - Action in relation to breaches by licensees 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 Division 4 - Action in relation to class licences 144. Application to Federal Court Division 5 - Miscellaneous 145. Continuing offences 146. Limitation on prosecutions PART 11 - COMPLAINTS TO THE ABA Division 1 - Complaints relating to action under licences and class licences 147. Complaints relating to offences or breach of licence conditions 148. Complaints under codes of practice 149. Investigation of complaints by the ABA Division 2 - Complaints relating to national broadcasting services 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 PART 12 - THE AUSTRALIAN BROADCASTING AUTHORITY Division 1 - Establishment and constitution of the ABA 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 Division 2 - Functions and powers of the ABA 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 Division 3 - Staff of the ABA 165. Staff 166. Consultants Division 4 - Administrative provisions 167. Administrative provisions PART 13 - INFORMATION GATHERING BY THE ABA Division 1 - Introduction 168. Obtaining of information by the ABA 169. Decision-making by the ABA not limited to matters discovered by investigation or hearing Division 2 - Investigations 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