An Act relating to the Australian Broadcasting Corporation, and
for other purposes
Part I—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Australian
Broadcasting Corporation Act 1983.
2
Commencement [see
Note 1]
(1) Part I, Part II (other than
sections 5, 6 and 8), Part III and sections 34, 69 and 83 shall
come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act
shall come into operation on a day to be fixed by Proclamation.
3
Interpretation
(1) In this Act, unless the contrary
intention appears:
ACMA means the Australian Communications and
Media Authority.
advisory committee means an advisory
committee established under subsection 11(8).
Advisory Council means:
(a) the Australian Broadcasting
Corporation Advisory Council established under subsection 11(1); or
(b) an Advisory Council established
under subsection 11(2) in relation to a State, Territory or region.
allowance does not include an allowance in
the nature of remuneration.
Australia includes the external Territories.
Board means the Australian Broadcasting
Corporation Board referred to in section 7.
broadcasting service means a service that
delivers programs to persons having equipment appropriate for receiving that
service, whether the delivery uses the radiofrequency spectrum, cable, optical
fibre, satellite or any other means or a combination of those means, but does
not include:
(a) a service (including a teletext
service) that provides no more than data or no more than text (with or without
associated still images); or
(b) a service that makes programs
available on demand on a point‑to‑point basis, including a dial‑up
service; or
(c) a service, or a class of service,
determined by the Minister under paragraph (c) of the definition of broadcasting
service in subsection 6(1) of the Broadcasting Services Act 1992.
Chairperson means Chairperson of the Board.
cinematograph film has the same meaning as in
the Copyright Act 1968.
commencing day means the day fixed under
subsection 2(2).
Corporation means the Australian Broadcasting
Corporation referred to in section 5.
datacasting licence has the same meaning as
in the Broadcasting Services Act 1992.
datacasting service has the same meaning as
in the Broadcasting Services Act 1992.
dealing, in relation to securities, has the
meaning given by subsection (2).
Deputy Chairperson means Deputy Chairperson
of the Board.
Director means a member of the Board, and
includes the Chairperson, the Deputy Chairperson and the Managing Director.
Finance Minister means the Minister who
administers the Financial Management and Accountability Act 1997.
interest, in relation to money, includes
interest on interest payable on that money.
literary material includes books,
periodicals, newspapers, magazines, pamphlets, circulars, manuscripts, musical
scores, maps, plans, pictures, photographs and prints.
Managing Director means the Managing Director
of the Corporation.
national broadcasting service has the same
meaning as in the Broadcasting Services Act 1992.
non‑executive Director means a Director
other than the Managing Director.
program means a radio program or a television
program.
rules means rules under this Act.
securities includes stocks, debentures,
debenture stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
sound recording has the same meaning as in
the Copyright Act 1968.
Special Broadcasting Service Corporation
means the body corporate preserved and continued in existence as the Special
Broadcasting Service Corporation under section 5 of the Special
Broadcasting Service Act 1991.
(2) A reference in this Act to dealing with
securities includes a reference to:
(a) creating, executing, entering
into, drawing, making, accepting, endorsing, issuing, discounting, selling,
purchasing or re‑selling securities;
(b) creating, selling, purchasing or
re‑selling rights or options in respect of securities; and
(c) entering into agreements or other
arrangements relating to securities.
4
Extension to external Territories
This Act extends to all the external
Territories.
Part II—Establishment, functions and management of the Corporation
5
Australian Broadcasting Corporation
(1) The body corporate that was, immediately
before the commencing day, in existence by virtue of section 30 of the Broadcasting
and Television Act 1942 under the name Australian Broadcasting Commission
continues in existence by force of this subsection as a body corporate, under
and subject to the provisions of this Act, under the name Australian
Broadcasting Corporation.
Note: The Commonwealth Authorities and Companies
Act 1997 applies to the Corporation. That Act deals with matters relating
to Commonwealth authorities, including reporting and accountability, banking
and investment, and conduct of officers.
(2) The Corporation:
(a) shall have a seal; and
(b) may sue and be sued.
(3) All courts, judges and persons acting
judicially shall take judicial notice of the imprint of the seal of the
Corporation appearing on a document and shall presume that the document was
duly sealed.
6
Charter of the Corporation
(1) The functions of the Corporation are:
(a) to provide within Australia
innovative and comprehensive broadcasting services of a high standard as part
of the Australian broadcasting system consisting of national, commercial and community
sectors and, without limiting the generality of the foregoing, to provide:
(i) broadcasting programs
that contribute to a sense of national identity and inform and entertain, and
reflect the cultural diversity of, the Australian community; and
(ii) broadcasting programs
of an educational nature;
(b) to
transmit to countries outside Australia broadcasting programs of news, current
affairs, entertainment and cultural enrichment that will:
(i) encourage awareness of
Australia and an international understanding of Australian attitudes on world
affairs; and
(ii) enable Australian
citizens living or travelling outside Australia to obtain information about
Australian affairs and Australian attitudes on world affairs; and
(c) to encourage and promote the
musical, dramatic and other performing arts in Australia.
(2) In the provision by the Corporation of
its broadcasting services within Australia:
(a) the Corporation shall take account
of:
(i) the broadcasting
services provided by the commercial and community sectors of the Australian
broadcasting system;
(ii) the standards from
time to time determined by the ACMA in respect of broadcasting services;
(iii) the responsibility of
the Corporation as the provider of an independent national broadcasting service
to provide a balance between broadcasting programs of wide appeal and
specialized broadcasting programs;
(iv) the multicultural
character of the Australian community; and
(v) in connection with the
provision of broadcasting programs of an educational nature—the
responsibilities of the States in relation to education; and
(b) the Corporation shall take all
such measures, being measures consistent with the obligations of the
Corporation under paragraph (a), as, in the opinion of the Board, will be
conducive to the full development by the Corporation of suitable broadcasting
programs.
(3) The functions of the Corporation under subsection (1)
and the duties imposed on the Corporation under subsection (2) constitute
the Charter of the Corporation.
(4) Nothing in this section shall be taken to
impose on the Corporation a duty that is enforceable by proceedings in a court.
6A Datacasting
functions
(1) If:
(a) the Corporation applies for a datacasting
licence; and
(b) the licence is allocated to the
Corporation;
then, in addition to the functions conferred on the
Corporation under section 6, the Corporation has the function of providing
a datacasting service under, and in accordance with the conditions of, the
licence.
(2) However, subsection (1) is not
intended to impose any obligation on the Corporation, in relation to the
provision of such a service, beyond that imposed on the Corporation as holder
of such a licence.
7
Establishment of Australian Broadcasting Corporation Board
There shall be a Board of Directors of
the Corporation under the name Australian Broadcasting Corporation Board, which
shall be constituted as provided by Part III.
8
Duties of the Board
(1) It is the duty of the Board:
(a) to ensure that the functions of
the Corporation are performed efficiently and with the maximum benefit to the
people of Australia;
(b) to maintain the independence and
integrity of the Corporation;
(c) to ensure that the gathering and
presentation by the Corporation of news and information is accurate and
impartial according to the recognized standards of objective journalism; and
(d) to ensure that the Corporation
does not contravene, or fail to comply with:
(i) any of the provisions
of this Act or any other Act that are applicable to the Corporation; or
(ii) any directions given
to, or requirements made in relation to, the Corporation under any of those
provisions; and
(e) to
develop codes of practice relating to:
(i) programming matters;
and
(ii) if the Corporation has
the function of providing a datacasting service under section 6A—that
service;
and to notify those codes to the
ACMA.
(2) If the Minister at any time furnishes to
the Board a statement of the policy of the Commonwealth Government on any
matter relating to broadcasting, or any matter of administration, that is
relevant to the performance of the functions of the Corporation and requests
the Board to consider that policy in the performance of its functions, the
Board shall ensure that consideration is given to that policy.
(3) Nothing in subsection (1) or (2) is
to be taken to impose on the Board a duty that is enforceable by proceedings in
a court.
9
Managing Director
There shall be a Managing Director of
the Corporation, who shall be appointed and hold office as provided by Part III.
10
Duties of the Managing Director
(1) The affairs of the Corporation shall,
subject to subsection (2), be managed by the Managing Director.
(2) The Managing Director shall, in managing
any of the affairs of the Corporation and in exercising any powers conferred on
him or her by this Act, act in accordance with any policies determined, and any
directions given to him or her, by the Board.
(3) All acts and things done in the name of,
or on behalf of, the Corporation by the Managing Director shall be taken to
have been done by the Corporation.
11
Advisory Councils and committees
(1) The Board shall establish an Advisory
Council under the name Australian Broadcasting Corporation Advisory Council.
(2) The Board may also establish:
(a) an Advisory Council in relation to
any State;
(b) an Advisory Council in relation to
any Territory; and
(c) an Advisory Council in relation to
any region of Australia.
(3) The function of the Australian
Broadcasting Corporation Advisory Council is, either on its own initiative or
at the request of the Board, to advise the Board on matters relating to the
Corporation’s broadcasting programs.
(4) The function of an Advisory Council
established under subsection (2) in relation to a State, Territory or
region is, either on its own initiative or at the request of the Australian
Broadcasting Corporation Advisory Council, to advise the Australian
Broadcasting Corporation Advisory Council on matters relating to the
Corporation’s broadcasting programs in that State, Territory or region.
(5) An Advisory Council shall consist of such
persons as the Board from time to time appoints.
(6) In making appointments to the Australian
Broadcasting Corporation Advisory Council, the Board shall have regard to the
desirability of including in the membership of that Advisory Council a broad
representation of the Australian community.
(7) In the case of each Advisory Council, the
Board shall appoint one of the members of the Advisory Council to be the
Chairperson of the Advisory Council and another of the members of the Advisory
Council to be the Deputy Chairperson of the Advisory Council.
(8) In addition to Advisory Councils, the
Board may establish advisory committees, consisting of such persons as the
Board appoints, to furnish advice to the Board on particular matters or classes
of matters relating to the functions of the Corporation.
(9) The Board may determine:
(a) the manner in which an Advisory
Council or advisory committee is to perform its functions; and
(b) the procedure to be followed at or
in relation to meetings of an Advisory Council or advisory committee, including
matters with respect to:
(i) the convening of
meetings of the Advisory Council or advisory committee;
(ii) the number of members
of the Advisory Council or advisory committee who are to constitute a quorum;
(iii) the selection of a
member of the Advisory Council or advisory committee to preside at meetings of
the Advisory Council or advisory committee at which the Chairperson and the
Deputy Chairperson of the Advisory Council or advisory committee are not
present; and
(iv) the
manner in which questions arising at a meeting of the Advisory Council or
advisory committee are to be decided;
and the Managing Director shall notify each Advisory
Council or advisory committee in writing of any determination by the Board
under this subsection in relation to that Advisory Council or advisory
committee.
(10) If the Board decides that the members of
the Australian Broadcasting Corporation Advisory Council should be remunerated,
those members shall be paid by the Corporation such remuneration as is
determined by the Remuneration Tribunal.
(11) Subject to the Remuneration Tribunal
Act 1973, members of an Advisory Council or advisory committee shall be
paid by the Corporation such allowances as are prescribed by the regulations.
(12) Where the Board receives any advice from
the Australian Broadcasting Corporation Advisory Council or from an advisory
committee, the Board shall have regard to the advice.
Part III—The Board of Directors and the Managing Director
12
Membership of Board
(1) The Board shall consist of:
(a) the Managing Director; and
(c) not fewer than 5 nor more than 7
other Directors.
(2) A Director referred to in paragraph (1)(c)
shall be appointed by the Governor‑General and, subject to sections 16
and 18, holds office on a part‑time basis for such period, not exceeding
5 years, as is specified in the instrument of his or her appointment, but is
eligible for re‑appointment.
(3) The Governor‑General shall appoint
one of the non‑executive Directors to be the Chairperson of the Board and
another of the non‑executive Directors to be the Deputy Chairperson of
the Board.
(4) The performance of the functions or the
exercise of the powers of the Board is not affected by a vacancy in the office
of Managing Director, by reason that there is no Chairperson or Deputy
Chairperson or by reason of the number of Directors referred to in paragraph (1)(c)
falling below 5 for not longer than 6 months.
(5) A person shall not be appointed as a
Director referred to in paragraph (1)(c) unless he or she appears to the
Governor‑General to be suitable for appointment because of having had
experience in connection with the provision of broadcasting services or in
communications or management, because of having expertise in financial or
technical matters, or because of having cultural or other interests relevant to
the oversight of a public organization engaged in the provision of broadcasting
services.
(6) A person shall not continue to hold the
position of Chairperson, Deputy Chairperson or acting Chairperson if he or she
ceases to be a Director.
13
Tenure of Managing Director
(1) Subject to subsection (2), the
Managing Director shall be appointed by the Board for a period of 5 years, but
is eligible for re‑appointment.
(2) Where the person holding office as
Managing Director is re‑appointed, the re‑appointment shall be for
a period not exceeding 5 years.
(3) The Managing Director holds office,
subject to this Part, on such terms and conditions as are determined by the
Board.
14
Remuneration and allowances
(1) The Managing Director shall be paid by
the Corporation such remuneration as is determined by the Remuneration
Tribunal.
(2) The non‑executive Directors shall
be paid by the Corporation such remuneration as is determined by the
Remuneration Tribunal.
(3) Subject to the Remuneration Tribunal
Act 1973:
(a) the Managing Director shall be
paid by the Corporation such allowances as are determined by the Board; and
(b) the non‑executive Directors
shall be paid by the Corporation such allowances as are prescribed by the
regulations.
14A
Leave of absence of Managing Director
(1) The Managing Director has such recreation
leave entitlements as are determined by the Remuneration Tribunal.
(2) The Managing Director may take recreation
leave only with the Board’s approval.
(3) The Board may grant the Managing Director
leave of absence, other than recreation leave, on such terms and conditions as
to remuneration or otherwise as the Board determines.
15
Leave of absence
(1) The Minister may grant leave to the
Chairperson to be absent from a meeting of the Board upon such conditions as to
remuneration or otherwise as the Minister thinks fit.
(2) The Chairperson may grant leave to any
other non‑executive Director to be absent from a meeting of the Board
upon such conditions as to remuneration or otherwise as the Chairperson thinks
fit.
(3) References in subsections (1) and
(2) to the Chairperson shall, if a Director is acting as Chairperson, be
construed as references to the Director so acting.
16 Resignation
of non‑executive Directors
A non‑executive Director may
resign by writing signed by him or her delivered to the Governor‑General.
17
Disclosure of interests
(3) A member of an Advisory Council, or of an
advisory committee, who has a direct or indirect pecuniary interest in a matter
being considered or about to be considered by the Advisory Council or by the
committee shall, as soon as possible after the relevant facts have come to his
or her knowledge, disclose the nature of the interest at a meeting of the
Advisory Council or of the committee.
(4) A disclosure under subsection (3)
shall be recorded in the minutes of the meeting of the Advisory Council or of
the committee and the member shall not:
(a) be present during any deliberation
of the Advisory Council or of the committee with respect to that matter; or
(b) take part in any decision of the
Advisory Council or of the committee with respect to that matter.
18
Removal from office of non‑executive Directors
(1) The Governor‑General may remove a
non‑executive Director from office for misbehaviour or physical or mental
incapacity.
(2) If:
(a) a non‑executive Director:
(i) becomes bankrupt,
applies to take the benefit of any law for the relief of bankrupt or insolvent
debtors, compounds with his or her creditors or makes an assignment of his or
her remuneration for their benefit; or
(ii) fails, without
reasonable excuse, to comply with his or her obligations under section 27F
or 27J of the Commonwealth Authorities and Companies Act 1997; or
(b) the Chairperson, or a Director
acting as Chairperson, is absent, except with the leave of the Minister, from 3
consecutive meetings of the Board; or
(c) a
non‑executive Director (other than the Chairperson or a Director acting
as Chairperson) is absent, except with the leave of the Chairperson or, if a
Director is acting as Chairperson, with the leave of the Director so acting,
from 3 consecutive meetings of the Board;
the Governor‑General shall remove the Director
concerned from office.
19
Acting Chairperson
(1) Where there is no Chairperson or the
Chairperson is absent from duty or from Australia or is, for any other reason,
unable to perform the functions of Chairperson:
(a) the Deputy Chairperson shall act
as Chairperson; or
(b) if there is no Deputy Chairperson,
or the Deputy Chairperson is absent from duty or from Australia or is, for any
other reason, unable to act as Chairperson, the Governor‑General may
appoint a non‑executive Director to act as Chairperson, but any such
appointment ceases to have effect if:
(i) where there is no
Deputy Chairperson—a non‑executive Director is appointed as Deputy
Chairperson; or
(ii) where the Deputy
Chairperson is absent from duty or from Australia or is, for any other reason,
unable to act as Chairperson—the Deputy Chairperson ceases to be so absent or
becomes able to act as Chairperson.
(2) The appointment of a person under paragraph (1)(b)
ceases to have effect if he or she resigns the appointment by writing signed by
him or her delivered to the Governor‑General.
(3) While a Director is acting as Chairperson
he or she has and may exercise all the powers, and shall perform all the
functions and duties, of the Chairperson under this Act.
(4) The validity of anything done by or in
relation to a person purporting to act under subsection (1) shall not be
called in question on the ground that the occasion for his or her appointment
had not arisen, that there was a defect or irregularity in or in connection
with the appointment, that the appointment had ceased to have effect or that
the occasion for him or her to act had not arisen or had ceased.
20
Acting Managing Director
(1) The Board may appoint a person to act as
Managing Director:
(a) during a vacancy in the office of
Managing Director, whether or not an appointment has previously been made to
the office; or
(b) during
any period, or during all periods, when the Managing Director is absent from
duty or from Australia or is, for any other reason, unable to perform the
functions of the office;
but a person appointed to act during a vacancy shall not
continue so to act for more than 12 months.
(2) An appointment of a person under subsection (1)
may be expressed to have effect only in such circumstances as are specified in
the instrument of appointment.
(3) The Board may:
(a) determine the terms and conditions
of appointment, excluding remuneration and allowances, of a person acting as
Managing Director; and
(b) terminate such an appointment at
any time.
(4) An employee of the Corporation who is acting
as Managing Director shall continue to be paid the remuneration and allowances
payable to him or her as such an employee but shall also be paid:
(a) so much of any remuneration
payable to the Managing Director as exceeds the remuneration that so continues
to be paid to the employee;
(b) so much of any allowance payable
to the Managing Director as exceeds the corresponding allowance that so
continues to be paid to the employee; and
(c) if an allowance is payable to the
Managing Director in respect of which there is no corresponding allowance
payable to the employee—that allowance.
(5) Where a person is acting as Managing
Director in accordance with paragraph (1)(b) and the office of Managing
Director becomes vacant while that person is so acting, then, subject to subsection (2),
that person may continue so to act until the Board otherwise directs, the
vacancy is filled or a period of 12 months from the date on which the vacancy
occurred expires, whichever first happens.
(6) The appointment of a person to act as
Managing Director ceases to have effect if he or she resigns the appointment by
writing signed by him or her delivered to the Chairperson or, if a Director is
acting as Chairperson, to the Director so acting.
(7) While a person is acting as Managing
Director, he or she has and may exercise all the powers, and shall perform all
the functions and duties, of the Managing Director under this Act.
(8) A reference in this Act other than this
section and section 9 to the Managing Director shall, if a person is
acting as Managing Director, be construed as a reference to the person so
acting.
(9) The validity of anything done by or in
relation to a person purporting to act under subsection (1) shall not be
called in question on the ground that the occasion for his or her appointment
had not arisen, that there was a defect or irregularity in or in connection
with the appointment, that the appointment had ceased to have effect or that
the occasion for him or her to act had not arisen or had ceased.
21 Acting
non‑executive Directors
(1) If a non‑executive Director is, or
is expected to be, absent from duty or from Australia or, for any other reason,
unable to perform the functions of his or her office, the Governor‑General
may appoint a person to act as a non‑executive Director during the period
of the absence or inability.
(2) The
Governor‑General may:
(a) determine the terms and conditions
of appointment, excluding remuneration and allowances, of a person acting as a
non‑executive Director; and
(b) terminate such an appointment at
any time.
(3) A person acting as a non‑executive
Director shall be paid the same remuneration and allowances as are payable to a
non‑executive Director.
(4) The appointment of a person to act as a
non‑executive Director ceases to have effect if he or she resigns the
appointment by writing signed by him or her delivered to the Governor‑General.
(5) While a person is acting as a non‑executive
Director, he or she has and may exercise all the powers, and shall perform all
the functions and duties, of a non‑executive Director under this Act.
(6) The validity of anything done by or in
relation to a person purporting to act under subsection (1) shall not be
called in question on the ground that the occasion for his or her appointment
had not arisen, that there was a defect or irregularity in or in connection
with the appointment or that the appointment had ceased to have effect.
22
Meetings of the Board
(1) The
Chairperson:
(a) shall convene such meetings of the
Board as he or she considers necessary for the efficient performance of its
functions; and
(b) shall convene a meeting of the
Board on receipt of a written request signed by:
(i) if there are not more
than 6 non‑executive Directors holding office under section 12—not
less than 4 Directors; or
(ii) if there are more than
6 non‑executive Directors holding office under that section—not less than
5 Directors.
(2) Meetings of the Board shall be held at
such places as the Chairperson determines.
(3) The Chairperson shall preside at all
meetings of the Board at which he or she is present.
(4) In the absence of the Chairperson from a
meeting of the Board, the Deputy Chairperson shall preside at the meeting.
(5) In the absence of both the Chairperson
and the Deputy Chairperson from a meeting of the Board:
(a) if another Director is acting as
Chairperson—that Director shall preside at the meeting; or
(b) in any other case—the Directors
present shall elect one of their number other than the Managing Director to
preside at the meeting.
(6) The Director presiding at a meeting of
the Board may give directions regarding the procedure to be followed at or in
connection with the meeting.
(7) At a meeting of the Board:
(a) a quorum is constituted by:
(i) if there are not more
than 6 non‑executive Directors holding office under section 12—4
Directors; or
(ii) if there are more than
6 non‑executive Directors holding office under that section—5 Directors;
(b) all questions shall be decided by
a majority of the votes of the Directors present; and
(c) the Director presiding has a
deliberative vote and, in the event of an equality of votes, also has a casting
vote.
(8) The Managing Director shall not be
present during any deliberation, or take part in any decision, of the Board
with respect to the appointment, or any of the terms and conditions of
employment, of the Managing Director.
(9) For the purposes of this section:
(a) a reference to the Chairperson
(other than a reference in subsection (3), (4) or (5)) shall, if a
Director is acting as Chairperson, be construed as a reference to the Director
so acting; and
(b) a reference to a Director (other
than a reference to a non‑executive Director holding office under section 12)
shall, if a person is acting as a Director, be construed as including a
reference to the person so acting.
23
Delegation by Corporation
(1) The
Corporation may, either generally or as otherwise provided by the instrument of
delegation, by writing under its seal, delegate to a Director or to an employee
of the Corporation all or any of its powers under this Act, the regulations or
the rules, other than this power of delegation.
(2) A power so delegated, when exercised by
the delegate, shall, for the purposes of this Act, the regulations or the
rules, be deemed to have been exercised by the Corporation.
(3) A delegation of a power under this
section does not prevent the exercise of the power by the Corporation.
(4) A reference in this section to a Director
shall, if a person is acting as a Director, be construed as including a
reference to a person so acting.
24
Delegation by Managing Director
(1) The Managing Director may, either
generally or as otherwise provided by the instrument of delegation, by writing
signed by him or her, delegate to an employee of the Corporation all or any of
his or her powers under this Act, the regulations or the rules, other than this
power of delegation.
(2) A power delegated under this section,
when exercised by the delegate, shall, for the purposes of this Act, the
regulations or the rules, be deemed to have been exercised by the Managing
Director.
(3) A delegation under this section does not
prevent the exercise of a power by the Managing Director.
Part IV—Powers and duties of the Corporation
25
General powers of Corporation
(1) Subject to this section, the Corporation
has power to do all things necessary or convenient to be done for or in
connection with the performance of its functions and, in particular, has power:
(a) to enter into contracts;
(b) to acquire, hold and dispose of
real or personal property;
(c) to occupy, use and control any
land or building owned or held under lease by the Commonwealth and made
available for the purposes of the Corporation;
(d) to erect buildings and structures
and carry out works;
(da) to produce, promote or present
programs or arrange, or provide facilities, for the production, promotion or
presentation of programs;
(db) to transmit programs or other
matter by means of guided or unguided electromagnetic energy, or provide
facilities for such transmissions;
(dc) to arrange for the transmission of
programs or other matter by means of guided or unguided electromagnetic energy;
(e) to appoint agents and attorneys,
and to act as an agent for other persons;
(f) to engage persons to perform
services for the Corporation;
(g) to accept gifts, devises and
bequests made to the Corporation, whether on trust or otherwise, and to act as
trustee of moneys or other property vested in the Corporation on trust; and
(h) to do anything incidental to any
of its powers.
(3) Subject to subsection (5), the
Corporation does not have power to accept any payment or other consideration
for the broadcasting of any announcement, program or other matter.
(4) Subject to subsection (5), the
Corporation does not have power:
(a) to accept the performance of any
service, or the provision of any facility, for the Corporation; or
(b) to
accept any gift, devise or bequest to the Corporation, whether offered or made
unconditionally or subject to conditions;
where it is likely that the independence or integrity of
the Corporation would be affected.
(5) Nothing in
subsection (3) or (4) precludes the Corporation from:
(a) accepting the performance of
services, the provision of facilities or the payment of moneys by or on behalf
of the Commonwealth, a State or a Territory or an authority of the
Commonwealth, of a State or of a Territory; or
(b) entering into an agreement or
arrangement with:
(i) a bona fide producer
of:
(A) broadcasting
programs;
(B) cinematograph
films or sound recordings; or
(C) public
concerts or other public entertainments; or
(ii) a bona fide publisher
of any literary material, in relation to the sharing of any expense or risk
associated with the production, distribution, sale or presentation of any such
program, film, recording, concert, entertainment or literary material; or
(c) providing, or entering into an
agreement or arrangement with another person for providing, subscription
television broadcasting services within the meaning 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;
within the meaning of the Broadcasting
Services Act 1992; or
(e) accepting any payment or other
consideration for or in relation to any announcement, program or other matter
provided by the Corporation’s international television service and its
associated audio channels outside Australia.
(6) The Corporation may provide studios, at
such places as the Minister approves, for the performance of its functions.
(7) The Corporation shall provide such
offices and other accommodation as are necessary for the performance of its
functions.
(8) The powers of the Corporation may be
exercised within or outside Australia.
25A
Power to form companies etc.
(1) In this section:
authorized business means a business or other
activity related to or incidental to the performance of any of the functions of
the Corporation.
prescribed company means a company that
carries on, or proposes to carry on, an authorized business.
(2) The Corporation may:
(a) form, or participate with other
persons in the formation of, a company to carry on an authorized business;
(b) acquire, hold and dispose of
shares or stock in the capital of, or debentures or other securities of, a prescribed
company;
(c) enter into a partnership, or an
arrangement for the sharing of profits or expenses, with a prescribed company
for the purpose of carrying on an authorized business; and
(d) provide technical or other
assistance and facilities (whether in or outside Australia) for a prescribed
company or for a partnership, or for the purposes of an arrangement, referred
to in paragraph (c).
Note: Section 15 of the Commonwealth
Authorities and Companies Act 1997 requires Directors to notify the Minister
of significant business activities and arrangements.
(4) An agreement or arrangement between the
Corporation and a prescribed company shall include a term empowering the
Corporation to terminate the agreement or arrangement if the prescribed company
ceases to be a prescribed company.
(5) Where:
(a) the Corporation has an interest
in, or is a party to an agreement or arrangement with, a prescribed company;
and
(b) the
prescribed company ceases to be a prescribed company;
the Minister may give to the Corporation such directions
as the Minister thinks appropriate with respect to:
(c) the disposal of the interest of
the Corporation in the company; or
(d) the
termination of the agreement or arrangement between the Corporation and the
company;
as the case may be, and the Corporation shall comply with
any such directions.
(6) This section does not authorize a
prescribed company to carry on an authorised business otherwise than in
accordance with the relevant law.
25B
Hedging contracts etc.
(1) Subject to subsection (3), the
Corporation may enter into or deal with contracts, and make other arrangements,
in relation to financial futures or foreign currency (including foreign
currency futures) for the purpose of reducing or eliminating risks of adverse
financial consequences to the Corporation in relation to:
(a) any contract (including a contract
that may be entered into under this section), or proposed contract, involving
the payment or receipt of money by the Corporation; or
(b) a
borrowing or raising of money by the Corporation or a proposed borrowing or
raising of money by the Corporation (including a borrowing or raising of money
by the Corporation by dealing with securities);
being risks that may arise from variations in the rate of
currency exchange or rate of interest applicable to the contract or proposed
contract, or to the borrowing or raising of money or proposed borrowing or
raising of money, as the case may be, referred to in paragraph (a) or (b).
(2) The Minister may, by determination in
writing:
(a) set guidelines for the purpose of
the exercise by the Corporation of its power under subsection (1); and
(b) revoke
or vary guidelines set for that purpose or set new guidelines for that purpose;
and shall give to the Corporation a copy of each determination
made under this subsection.
(3) If the Corporation enters into a
contract, dealing or other arrangement under subsection (1), it must do so
in accordance with the guidelines (if any) in force under subsection (2).
(4) A contract, dealing or other arrangement
under subsection (1) does not require the approval of the Minister under
subsection 70(1).
(5) In this section:
proposed borrowing or raising of money means
a proposed borrowing or raising of money that has been approved by the Finance
Minister under section 70B.
26
Corporation to have regard to services of the Special Broadcasting Service
Corporation
In performing its functions, the
Corporation must have regard to the services provided by the Special
Broadcasting Service Corporation.
27
News services
(1) The Corporation shall develop and
maintain an independent service for the broadcasting of news and information by
the Corporation pursuant to this section.
(2) Subject to subsection (5), the
Corporation must broadcast daily from each broadcasting service regular
sessions of news and information relating to current events within and outside Australia.
(3) The Managing Director shall ensure that
the employees of the Corporation include an adequate number of persons, both
within and outside Australia, for the purpose of collecting the news and
information to be broadcast pursuant to this section.
(4) Without affecting the obligations of the
Managing Director under subsection (3), the Corporation may also procure
news and information relating to current events from such news agencies and
other sources, whether within or outside Australia, as the Board thinks fit.
(5) Subsection (2) does not apply to:
(a) a subscription broadcasting
service within the meaning of section 16 of the Broadcasting Services
Act 1992; or
(b) a subscription narrowcasting
service within the meaning of section 17 of that Act; or
(c) an
open narrowcasting service within the meaning of section 18 of that Act;
unless the service is specified by the Minister by notice
in the Gazette.
(6) A specification under subsection (5)
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
28
Orchestras, bands, concerts etc.
For the purposes of the performance of
its functions, the Corporation may:
(a) establish, maintain and utilize,
in such manner as the Board thinks desirable, orchestras, bands and other
groups of musicians for the performance of music of high quality; and
(b) make arrangements for the holding
of, or organize or subsidize, any public concert or other public entertainment.
29
Publication of journals etc. and making etc. of sound recordings etc.
(1) The Corporation may:
(a) compile, prepare, issue, circulate
and distribute literary material (including the program schedules of
broadcasting services provided by the Corporation and other persons); and
(b) make, promote, circulate and
distribute:
(i) cinematograph films
and sound recordings of, or relating to:
(A) programs
of the Corporation (whether or not broadcast); and
(B) public
concerts and other public entertainment referred to in paragraph 28(b); and
(ii) any article or thing
bearing a mark that is associated with any program, concert or entertainment
referred to in subparagraph (i).
(2) The Corporation may from time to time
determine charges payable in respect of any matter or activity referred to in subsection (1),
with a view to raising as much net revenue as is practicable, having regard to
the proper performance of its functions and to the matter or activity
concerned.
(3) A program schedule referred to in paragraph (1)(a)
shall be made available at an office of the Corporation on equal terms to the
publishers of any newspaper, magazine or journal published in Australia before
the publication of the program schedule pursuant to subsection (1).
(4) In this section, mark
includes a symbol, design, colour, device, brand, heading, label, sign, ticket,
name, signature, word, letter, numeral, drawing or picture, or any combination
of the foregoing.
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.
31
Advertisements
(1) The Corporation shall not broadcast
advertisements.
(2) Subsection (1) does not prevent the
Corporation, if the Board thinks fit, from broadcasting:
(a) any announcement relating to any
activity or proposed activity of the Corporation;
(b) a program supplied by any
organization or person engaged in artistic, literary, musical or theatrical
production or in educational pursuits; or
(c) a
program supplied by any organization or person other than a program that is, in
the opinion of the Corporation, being used as an advertisement;
or from broadcasting any matter the broadcasting of which
is directed by the Minister pursuant to subsection 78(1).
(3) Subsection (1) does not apply to:
(a) the broadcasting of any matter by
the Corporation’s international television service and its associated audio
channels outside Australia; or
(b) the broadcasting of any matter by
the Corporation’s international television service and its associated audio
channels inside Australia that is merely incidental to the broadcasting of the
matter outside Australia.
Part IVA—Corporate plans
31A
Corporate plans
(1) The Board must prepare corporate plans.
(2) The first corporate plan:
(a) is to be for a period of not less
than 3 years, and not more than 5 years; and
(b) must be given to the Minister
within a period of 6 months after the day on which this section commences.
(3) Each subsequent corporate plan is to be
for a period of not less than 3 years, and not more than 5 years, beginning
immediately after the period of the previous corporate plan.
(4) The Board may review and revise a
corporate plan at any time.
31B
Matters to be included in corporate plans
(1) Each corporate plan must:
(a) set out the objectives of the
Corporation and its subsidiaries; and
(b) outline the overall strategies and
policies that the Corporation and its subsidiaries are to follow:
(i) to achieve the
Corporation’s objectives; and
(ii) to fulfil the
Corporation’s functions; and
(iii) to ensure that the
Board fulfils its duties under section 8; and
(c) include a forecast of the revenue
and expenditure of the Corporation and its subsidiaries, including a forecast
of capital expenditure and borrowings; and
(d) include such performance
indicators and targets (whether financial or operational) as the Board
considers appropriate; and
(e) include such other matters as are
prescribed in the regulations.
(2) In this
section:
subsidiary
means a prescribed company within the meaning of section 25A that the
Corporation controls.
31C
Corporate plans to be given to Minister
As soon as practicable after the Board
prepares or revises a corporate plan, it must give a copy of the plan to the
Minister.
31D
Board to notify Minister of certain matters
If the Board forms the opinion that
matters have arisen:
(a) that may prevent, or significantly
affect, achievement of the objectives in the Corporation’s corporate plan; or
(b) that may significantly affect the
strategies and policies that are to be followed under that plan; or
(c) that
may prevent, or significantly affect, the forecasts of revenue and expenditure
under that plan;
the Board must immediately notify the Minister of its
opinion and the reasons for the opinion.
Part V—Employees
32
Staff of Corporation
(1) The Corporation may engage such employees
as are necessary for the performance of its functions and the exercise of its
powers.
(2) The terms and conditions of employment
shall be determined by the Corporation.
33 The
Corporation is to achieve and maintain high standards as an employer
The Corporation shall endeavour to
achieve and maintain high standards as an employer in relation to terms and
conditions of employment, occupational health, industrial safety, industrial
democracy, non‑discriminatory employment practices and other matters.
Part VI—Finance
67
Moneys of the Corporation
(1) There are payable to the Corporation such
moneys as are appropriated by the Parliament for the purposes of the
Corporation.
(2) The Finance Minister may give directions
as to the amounts in which, and the times at which, moneys referred to in subsection (1)
are to be paid to the Corporation.
68
Application of money
(1) The money of the Corporation shall be
applied only:
(a) in payment or discharge of the
expenses, charges, obligations or liabilities incurred or undertaken by the
Corporation in or in connection with the performance of its functions or the
exercise of its powers;
(b) in payment of any remuneration or
allowances payable under this Act; and
(c) in making any other payments that
are required by this Act to be made out of the moneys of the Corporation.
(2) Subsection (1) does not prevent
investment of surplus money of the Corporation under section 18 of the Commonwealth
Authorities and Companies Act 1997.
70A
Borrowing from Commonwealth
(1) The Finance Minister may, on behalf of
the Commonwealth, lend money to the Corporation.
(2) The money shall be lent on the terms and
conditions determined by the Finance Minister.
(3) A determination under subsection (2)
shall be in writing.
(4) The money shall be lent out of money
appropriated by the Parliament for that purpose.
70B
Borrowings otherwise than from Commonwealth
(1) The Corporation may, with the approval of
the Finance Minister:
(a) borrow money from someone other
than the Commonwealth; or
(b) raise money otherwise than by
borrowing it.
(2) An approval under subsection (1)
shall be in writing.
(3) The Corporation may borrow or raise money
under subsection (1) only on terms and conditions that are specified in,
or are consistent with, the approval under that subsection.
(4) Without limiting subsection (1), the
Corporation may borrow or raise money under that subsection by dealing with
securities.
(5) Without limiting subsection (1), the
Corporation may borrow or raise money under that subsection in the currency of
a foreign country.
(6) The Finance Minister may give an approval
under subsection (1) either:
(a) in relation to a particular
transaction; or
(b) in relation to all transactions in
a particular class of transactions.
(7) For the purposes of this section, if:
(a) the Corporation issues an
instrument that acknowledges a debt;
(b) the instrument is issued in
consideration of the payment or deposit of money; and
(c) the
instrument is issued in relation to a transaction that is not a routine
operational transaction;
the Corporation shall be taken to raise money otherwise
than by borrowing and the amount of money raised shall be taken to be the
amount of the money paid or deposited.
(8) For the
purposes of this section, if:
(a) the Corporation issues an
instrument that acknowledges a debt;
(b) the instrument is issued in
consideration of the provision of credit; and
(c) the
instrument is issued in relation to a transaction that is not a routine
operational transaction;
the Corporation shall be taken to raise money otherwise
than by borrowing and the amount of money raised shall be taken to be the
amount of the value of the credit provided.
(9) For the purposes of this section, if:
(a) the Corporation obtains credit; and
(b) the
credit is obtained in relation to a transaction that is not a routine
operational transaction;
the Corporation shall be taken to raise money otherwise
than by borrowing and the amount of money raised shall be taken to be the
amount of the value of the credit obtained.
(10) In subsections (7), (8) and (9):
routine operational transaction means a
transaction that is carried out in the ordinary course of the day‑to‑day
operations of the Corporation.
70C
Guarantee of borrowings by Corporation
(1) The Finance Minister may, on behalf of
the Commonwealth, enter into a contract that:
(a) guarantees the repayment of money
borrowed under paragraph 70B(1)(a) and the payment of interest on that money;
or
(b) guarantees the payment of an
amount that the Corporation is liable to pay in relation to money raised under
paragraph 70B(1)(b).
(2) The Finance
Minister may determine:
(a) that the Commonwealth guarantees
the repayment of money borrowed under paragraph 70B(1)(a) and the payment of
interest on that money; or
(b) guarantees
the payment of an amount that the Corporation is liable to pay in relation to
money raised under paragraph 70B(1)(b);
and, where the Finance Minister makes such a
determination, the repayment of that money and the payment of that interest
are, or the payment of that money is, by force of this subsection, guaranteed
by the Commonwealth.
(3) A determination under subsection (2)
shall be in writing.
(4) The amounts referred to in paragraphs (1)(b)
and (2)(b) may be amounts of interest.
(5) A contract may be entered into under subsection (1),
and a determination may be made under subsection (2), either:
(a) in relation to a particular
transaction; or
(b) in relation to all transactions in
a particular class of transactions.
(6) A contract entered into under subsection (1)
may include a provision agreeing, on behalf of the Commonwealth, that
proceedings under the contract may be taken in the courts, or a specified
court, of a foreign country.
(7) A contract entered into under subsection (1)
may include a provision waiving the immunity of the Commonwealth from suit in
the courts, or a specified court, of a foreign country in relation to any
proceedings under the contract.
70D
Corporation may give security
The Corporation may give security over
the whole or any part of its land or other assets for:
(a) the repayment of money borrowed
under section 70A or paragraph 70B(1)(a) and the payment of interest on
that money;
(b) the payment of amounts (including
any interest) that the Corporation is liable to pay in relation to money raised
under paragraph 70B(1)(b); or
(c) the payment to the Commonwealth of
amounts equal to any amounts that the Commonwealth may become liable to pay
under:
(i) a contract entered
into under subsection 70C(1); or
(ii) a determination made
under subsection 70C(2).
70E
Borrowings not otherwise permitted
The Corporation may borrow money, or
raise money otherwise than by borrowing, only in accordance with sections 70A
and 70B.
71
Taxation
(1) The Corporation is not subject to
taxation under any law of the Commonwealth, of a State or of a Territory.
71A
Delegation by Finance Minister
(1) The Finance Minister may, by written
instrument, delegate any of the Finance Minister’s powers or functions under
section 70B or 70C to an official (within the meaning of the Financial
Management and Accountability Act 1997).
(2) In exercising powers or functions under a
delegation, the official must comply with any directions of the Finance
Minister.
Part VIII—Miscellaneous
78
Power of Minister to give directions to Corporation in the national interest
(1) If the Minister is of the opinion that
the broadcasting of particular matter by the Corporation would be in the
national interest, the Minister may direct the Corporation to broadcast that
matter over all of its national broadcasting services or over such of them as
are specified in the direction. If such a direction is given, the Corporation
must broadcast that matter, free of charge, in accordance with the direction.
(2) In subsection (1):
national broadcasting services has the
meaning given by section 13 of the Broadcasting Services Act 1992.
(3) Subsection (1) has effect subject to
section 79A.
(4) A direction under this section shall be
sent by telegraph, or by notice in writing, to the Managing Director.
(5) Where the Minister gives a direction to
the Corporation under this section, the Minister shall cause a statement
setting out particulars of, and the reasons for, the direction to be laid
before each House of the Parliament within 7 sitting days of that House after
the direction was given.
(6) Except as provided by this section, or as
expressly provided by a provision of another Act, the Corporation is not
subject to direction by or on behalf of the Government of the Commonwealth.
(7) Without limiting subsection (6), sections 28
and 48A of the Commonwealth Authorities and Companies Act 1997 do not
apply in relation to the Corporation.
79
Application of Broadcasting Act
Except where the Broadcasting Services
Act 1992 otherwise expressly provides, that Act does not apply in relation
to the broadcasting services provided by the Corporation.
79AA
Report by ACMA on degradation of signal quality
If:
(a) a person has made a complaint to
the Corporation about degradation of the quality of signal reception of a
national broadcasting service; and
(b) within 60 days after making the
complaint, the person did not receive a response that the person regarded as
adequate; and
(c) the signal concerned is received
from an analog terrestrial radiocommunications transmitter;
the Minister may direct the ACMA to conduct an
investigation into the matter.
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 ACMA any particulars of the record that
the ACMA, 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.
80
Matters to be included in annual report
The Directors must include in each
annual report on the Corporation prepared under section 9 of the Commonwealth
Authorities and Companies Act 1997:
(a) particulars of each broadcast by
the Corporation during the year to which the report relates pursuant to a
direction by the Minister under subsection 78(1);
(c) particulars of any broadcast by
the Corporation during that year pursuant to a direction by the Minister
otherwise than under this Act;
(d) particulars of any direction not
to broadcast matter that was given to the Corporation during that year by the
Minister otherwise than under this Act;
(da) codes of practice developed under
subsection 8(1);
(e) particulars of any request made to
the Board by the Minister during that year under subsection 8(2) and the action
(if any) taken by the Board in respect of the request;
(f) particulars of any gift, devise
or bequest accepted by the Corporation during that year; and
(g) particulars of any advice received
by the Board during that year from the Australian Broadcasting Corporation
Advisory Council;
(i) an assessment of the extent to
which the operations of the Corporation and its subsidiaries during the year
have achieved the objectives of the Corporation and its subsidiaries under the
corporate plan and fulfilled the functions of the Corporation; and
(j) particulars of any activities
carried out during the year by the Corporation under subsection 25A(2); and
(k) particulars of any activities
during the year of any authorised business with which the Corporation is
associated under that subsection; and
(l) particulars of any significant
changes during the year in the transmission coverage, or transmission quality,
of national broadcasting services provided by the Corporation.
81
Joint Consultative Committee
(1) There is hereby established a Joint
Consultative Committee comprising:
(a) representatives of the
Corporation; and
(b) either or both of the following:
(i) representatives of
organizations of employees of the Corporation;
(ii) representatives of
employees of the Corporation.
(2) The rules shall make provision for and in
relation to the manner in which the Joint Consultative Committee is to be
constituted, the functions of that Committee and the manner in which that
Committee is to carry out its functions.
83
Regulations and rules
(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 subsection (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.
(4) Rules made under this section are
disallowable instruments for the purposes of section 46A of the Acts
Interpretation Act 1901.