AUSTRALIAN BROADCASTING CORPORATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 7, 1983
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - TABLE OF PROVISIONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
PART II-TRANSITIONAL PROVISIONS
3. Interpretation
4. Extension to external Territories
5. Application
6. Members of Commission cease to hold office
7. References to Commission in instruments, &c.
8. Property, powers, liabilities, &c.
9. Saving of proceedings
10. Judicial notice
11. Officers and employees
12. Continuation of positions in Australian Broadcasting Corporation
Service
13. Pending promotions
14. Disciplinary action for misconduct
15. Application of moneys
16. Estimates
17. Bank accounts
18. Audit
19. Annual report and financial statements
PART III-AMENDMENTS OF THE BROADCASTING AND TELEVISION ACT 1942
20. Principal Act
21. Interpretation
22. Holding of inquiries
23. Annual report of Tribunal
24. Membership of Commission
25. Repeal of Divisions 1 and 2 of Part III
26. Functions of Commission
27. Publication of journals, &c., and making, &c., of sound
recordings,
&c.
28. Power to purchase and dispose of assets
29 Studios to be provided by Commission
30. Authorized transmissions
31. Repeal of sections 65 to 71B
32. Taxation
33. Provision and operation of studios, transmitting stations, &c.
34. Lines for conveyance of electric current to stations
35. National broadcasting translator station licences
36. National television translator station licences
37. Minister may require Commission to refrain from broadcasting or
televising any matter
38. Report and financial statement
39. Action under section 64 or 77 to be reported to Parliament
40. Commission to assume certain obligations and liabilities
41. Joint Consultative Committee
42. Repeal of section 79ZJ and substitution of new section-
79ZJ. Application of Act
43. Particulars of programs to be made available
44. Programs of supplementary stations
45. Remuneration
46. Transmission of certain messages
47. Corporation to make certain programs available to commercial
television stations
48. Corporation may make programs available to certain licensees
49. Encouragement of Australian artists
50. Televising of sporting events and entertainments
51. Broadcasting or televising of political matter or controversial
matter
52. Names of speakers to be announced
53. Records of political matter, &c.
54. Broadcasting or televising of objectionable items
55. Broadcasting programs of other stations prohibited
56. Offence to interfere with the broadcasting or televising of
programs
57. Control of broadcasting and television in case of emergency
PART IV-AMENDMENTS OF THE COPYRIGHT ACT 1968
58. Principal Act
59. Interpretation
60. Television broadcasts and sound broadcasts in which copyright
subsists
61. Ownership of copyright in television broadcasts and sound
broadcasts
62. Applications to Tribunal for determination of amounts payable for
broadcasting published sound recordings
63. Application of Act in relation to countries other than Australia
64. Reception of broadcasts
PART V-AMENDMENT OF THE FREEDOM OF INFORMATION ACT 1982
65. Principal Act
66. Schedule 2
PART VI-AMENDMENTS OF THE PARLIAMENTARY PROCEEDINGS BROADCASTING ACT 1946
67. Principal Act
68. Broadcasting of parliamentary proceedings
69. Recording of parliamentary proceedings
PART VII-AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1975
70. Principal Act
71. Persons other than the Commission not to construct,
maintain or operate telecommunications installations
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 1.
Short title.
An Act to enact certain transitional provisions and make certain amendments in
consequence of the enactment of the Australian Broadcasting Corporation Act
1983
(Assented to 1 June 1983)
PART I-PRELIMINARY
Short title
1. This Act may be cited as the Australian Broadcasting Corporation
(Transitional Provisions and Consequential Amendments) Act 1983.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 2.
Commencement
2. (1) Sections 1 and 2, sub-section 15 (1) and section 24 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 the
day fixed under sub-section 2 (2) of the Australian Broadcasting Corporation
Act 1983.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 3.
Interpretation
PART II-TRANSITIONAL PROVISIONS
3. Expressions used in this Part have, unless the contrary intention
appears, the same meanings as those expressions have in the Australian
Broadcasting Corporation Act 1983.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 4.
Extension to external Territories
4. This Part extends to all the external Territories.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 5.
Application
5. This Part has effect notwithstanding anything contained in the Australian
Broadcasting Corporation Act 1983.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 6.
Members of Commission cease to hold office
6. On the commencing day, the Chairman, the Vice-Chairman and the other
Commissioners of the Australian Broadcasting Commission who held office
immediately before that day cease to hold office, but the corporate identity
of the body corporate referred to in sub-section 5 (1) of the Australian
Broadcasting Corporation Act 1983 is preserved.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 7.
References to Commission in instruments, &c.
7. A reference to the Australian Broadcasting Commission in any law of a
Territory, or in any contract, award or other instrument to which the
Australian Broadcasting Commission was a party, shall, except in relation to
matters that occurred before the commencing day, be construed as a reference
to the Australian Broadcasting Corporation.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 8.
Property, powers, liabilities, &c.
8. The alteration of the name and constitution of the Australian
Broadcasting Commission resulting from section 5 of the Australian
Broadcasting Corporation Act 1983 does not affect any property, powers,
rights, liabilities or obligations of the body corporate continued in
existence by that section.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 9.
Saving of proceedings
9. (1) The alteration of the name and constitution of the Australian
Broadcasting Commission resulting from section 5 of the Australian
Broadcasting Corporation Act 1983 does not render defective any legal or other
proceedings instituted or to be instituted by or against the body corporate
continued in existence by that section, and any legal or other proceedings
that might have been continued or commenced by or against the body corporate
by the name of the Australian Broadcasting Commission may be continued or
commenced by or against the body corporate by the name of the Australian
Broadcasting Corporation.
(2) The alteration of the name and constitution of the Australian
Broadcasting Commission resulting from section 5 of the Australian
Broadcasting Corporation Act 1983 does not render defective any investigation
being or proposed to be undertaken by the Commonwealth Ombudsman under the
Ombudsman Act 1976 into any action taken before the commencing day by the body
corporate continued in existence by that section, and any investigation that
might have been continued or commenced into any action taken by the body
corporate by the name of the Australian Broadcasting Commission may be
continued or commenced as if the action had been taken by the body corporate
by the name of the Australian Broadcasting Corporation.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 10.
Judicial notice
10. All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the seal of the Australian Broadcasting Commission
appearing on a document that was executed before the commencing day and shall
presume that the document was duly sealed.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 11.
Officers and employees
11. (1) Any person who was an officer (including an officer on probation) or
a temporary employee of the Australian Broadcasting Commission immediately
before the commencing day by virtue of his having been appointed or engaged
under sub-section 43 (2) of the Broadcasting and Television Act 1942
continues, subject to the Australian Broadcasting Corporation Act 1983, as an
officer or temporary employee, as the case may be, of the Corporation as if he
had been appointed or engaged under section 33 of that last-mentioned Act.
(2) Sub-section (1) does not apply in relation to a person whose employment
as an officer or temporary employee of the Australian Broadcasting Commission
would, if the Australian Broadcasting Corporation Act 1983 and this Act had
not been enacted, have terminated immediately before the commencing day.
(3) The Managing Director shall, upon the commencing day, be deemed to have
determined under sub-section 33 (10) of the Australian Broadcasting
Corporation Act 1983 terms and conditions of employment of officers and
temporary employees of the Corporation to whom sub-section (1) of this section
applies that are the same as the terms and conditions of employment of those
officers and temporary employees immediately before the commencing day.
(4) If a direction was given under section 54 of the Broadcasting and
Television Act 1942 in relation to an officer of the Corporation to whom
sub-section (1) of this section applies, who had been appointed to the service
of the Australian Broadcasting Commission on probation and whose appointment
had not been confirmed before the commencing day, that direction has effect
for the purposes of section 33 of the Australian Broadcasting Corporation Act
1983 as if it were a direction given by the Managing Director.
(5) On the commencing day the general manager of the Australian Broadcasting
Commission ceases to hold office but, if he was, immediately before his
appointment as general manager, an officer of the Australian Broadcasting
Commission-
(a) sub-section (1) applies to him as if he were such an officer
immediately before the commencing day; and
(b) if he has not been appointed to be the Managing Director of the
Corporation, he continues, subject to the Australian Broadcasting Corporation
Act 1983, as an unattached officer of the Corporation with such designation
and salary as are determined under sub-section 33 (3) of that Act.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 12.
Continuation of positions in Australian Broadcasting Corporation Service
12. All positions that existed in the service of the Australian Broadcasting
Commission immediately before the commencing day by virtue of section 45 of
the Broadcasting and Television Act 1942 continue in existence, subject to
Part V of the Australian Broadcasting Corporation Act 1983, as positions in
the Australian Broadcasting Corporation Service as if they had been created by
the Board pursuant to section 34 of the Australian Broadcasting Corporation
Act 1983.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 13.
Pending promotions
13. Where an officer of the Australian Broadcasting Commission was
provisionally promoted to a position in the service of the Commission but the
promotion had not been confirmed before the commencing day, then,
notwithstanding the repeal of sections 49 and 50 of the Broadcasting and
Television Act 1942 effected by this Act-
(a) section 49 of that Act and any regulations in force under that Act for
the purposes of that section continue to apply in relation to the promotion
but-
(i) references in that section to the vacant position shall be
construed as references to that position as continued in existence in the
Australian Broadcasting Corporation Service;
(ii) any action to be taken under sub-section (5) or (6) of that section
shall be taken by the Managing Director; and
(iii) sub-sections (7) and (8) of that section have effect as if
references in those sub-sections to the Commission were references to the
Managing Director; and
(b) for the purposes of any appeal against the promotion, section 50 of
that Act continues to apply but, for the purposes of that section as so
continuing to apply, the reference in sub-paragraph (2) (b) (i) of that
section to the Commission shall be construed as a reference to the Managing
Director and references in that section to the vacant position shall be
construed as references to that position as continued in existence in the
Australian Broadcasting Corporation Service.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 14.
Disciplinary action for misconduct
14. (1) Section 64 of the Australian Broadcasting Corporation Act 1983
applies in relation to misconduct that occurred before the commencing day
but, for that purpose, ''misconduct'' has the same meaning as it had for the
purposes of section 56 of the Broadcasting and Television Act 1942.
(2) An officer who was suspended from duty immediately before the commencing
day continues to be suspended from duty as if he had been so suspended under
section 64 of the Australian Broadcasting Corporation Act 1983.
(3) Where an officer of the Australian Broadcasting Commission was
dismissed, retired, transferred, reduced in position or salary, or fined an
amount exceeding $4, under section 55 or 56 of the Broadcasting and Television
Act 1942, then, notwithstanding the repeal of sections 57 and 58 of that Act
effected by this Act-
(a) section 57 of that Act and any regulations in force under that Act for
the purposes of that section continue to apply in relation to the dismissal,
retirement, transfer, reduction in position or salary or fine but any action
to be taken under sub-section (4) of that section shall be taken by the
Managing Director; and
(b) for the purposes of any appeal against the dismissal, retirement,
transfer, reduction in position or salary or fine, section 58 of that Act and
any regulations in force under that Act for the purposes of that section
continue to apply but, for the purposes of that section and those regulations
as so continuing to apply-
(i) the reference in paragraph (2) (b) of that section to the
Commission shall be construed as a reference to the Managing Director; and
(ii) if there is no officer elected for the purposes of paragraph (2)
(c), or no deputy elected for the purposes of sub-section (5), of that
section, an officer may be elected for the purposes of that paragraph or a
deputy may be elected for the purposes of that sub-section, as the case may
be, by the officers of the Corporation.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 15.
Application of moneys
15. (1) The Australian Broadcasting Commission is liable to pay any
remuneration and allowances that become payable under Part III of the
Australian Broadcasting Corporation Act 1983 before the commencing day and,
notwithstanding section 70 of the Broadcasting and Television Act 1942, the
moneys of the Commission may be applied in payment of any such remuneration or
allowances.
(2) Notwithstanding section 68 of the Australian Broadcasting Corporation
Act 1983, the moneys of the Corporation may be applied-
(a) in payment or discharge of any expenses, charges, obligations or
liabilities that were incurred or undertaken before the commencing day by the
Australian Broadcasting Commission in or in connection with the performance of
its functions or the exercise of its powers and were not paid or discharged
before that day; and
(b) in payment of any remuneration or allowances the liability for which
arose under Part III of the Broadcasting and Television Act 1942 or under
sub-section (1) of this section but which had not been paid before the
commencing day.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 16.
Estimates
16. Unless the Minister otherwise directs, the first period for which
estimates are to be prepared under sub-section 69 (1) of the Australian
Broadcasting Corporation Act 1983 shall be the period commencing on the
commencing day and ending on the next following 30 June.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 17.
Bank accounts
17. The bank accounts maintained by the Australian Broadcasting Commission
immediately before the commencing day continue in existence as bank accounts
of the Corporation as if they had been opened by the Corporation under section
63J of the Audit Act 1901 as that section applies to the Corporation by virtue
of section 72 of the Australian Broadcasting Corporation Act 1983.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 18.
Audit
18. Section 63L of the Audit Act 1901 as that section applies to the
Corporation by virtue of section 72 of the Australian Broadcasting Corporation
Act 1983 extends to accounts and records of financial transactions of the
Australian Broadcasting Commission that took place before the commencing day
as if they were accounts and records of financial transactions of the
Corporation.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 19.
Annual report and financial statements
19. (1) If the Australian Broadcasting Commission had not, before the
commencing day, furnished a report and financial statement in relation to the
operations of the Commission during the year that ended on 30 June last
preceding that day, the Board shall cause to be prepared a financial statement
and report on the operations of the Commission during that year in accordance
with section 78 of the Broadcasting and Television Act 1942 and,
notwithstanding the repeal of that section effected by this Act, that section
continues in force for the purpose of the preparation of that financial
statement and report as if a reference in that section to the Commission were
a reference to the Corporation.
(2) If the commencing day is a day other than 1 July, the report and
financial statement in relation to the operations of the Corporation during
the year ending on 30 June next following the commencing day that is required
to be prepared by section 63M of the Audit Act 1901 as that section applies to
the Corporation by virtue of section 72 of the Australian Broadcasting
Corporation Act 1983 shall include a report and financial statement in
relation to the operations of the Australian Broadcasting Commission during
the part of that year that preceded the commencing day.
(3) A report by the Corporation that relates to operations of the Australian
Broadcasting Commission shall include any matters that would have been
required to be included in a report relating to those operations prepared
under section 78 of the Broadcasting and Television Act 1942 if the Australian
Broadcasting Corporation Act 1983 and this Act had not been enacted.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 20.
Principal Act
PART III-AMENDMENTS OF THE BROADCASTING AND TELEVISION ACT 1942
20. The Broadcasting and Television Act 1942*1* is in this Part referred to
as the Principal Act.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 21.
Interpretation
21. Section 4 of the Principal Act is amended-
(a) by omitting from sub-section (1) the definition of ''Commissioner'';
(b) by omitting ''Commission'' from the definitions of ''national
broadcasting station'', ''national broadcasting translator station licence'',
''national television station'', and ''national television translator station
licence'' in sub-section (1) and substituting ''Corporation'';
(c) by inserting after the definition of ''television translator station
licence'' in sub-section (1) the following definition:
'' 'the Board' means the Australian Broadcasting Corporation Board;'';
(d) by omitting the definition of ''the Commission'' in sub-section (1) and
substituting the following definitions:
'' 'the Commission' means the Australian Broadcasting Commission that was
constituted under Part III before the enactment of the Australian Broadcasting
Corporation Act 1983;
'the Corporation' means the Australian Broadcasting Corporation
constituted under the Australian Broadcasting Corporation Act 1983;''; and
(e) by omitting from sub-section (2) ''Commission'' and substituting
''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 22.
Holding of inquiries
22. Section 18 of the Principal Act is amended by omitting from paragraph
(2A) (a) ''Commission'' (wherever occurring) and substituting
''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 23.
Annual report of Tribunal
23. Section 28 of the Principal Act is amended by inserting after
sub-section (1) the following sub-section:
''(1A) If during the year to which a report of the Tribunal relates the
Corporation has submitted to the Tribunal, for classification by the Tribunal,
television programs for children as provided by section 30 of the Australian
Broadcasting Corporation Act 1983, the Tribunal shall state in its report
under this section on its operations during that year that the Corporation has
submitted such programs and shall set out in that report such particulars of
the programs so submitted as the Tribunal thinks fit.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 24.
Membership of Commission
24. Section 31 of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(5) The performance of the functions or the exercise of the powers of the
Commission is not affected by reason that-
(a) in respect of a State, there is no Commissioner ordinarily resident in
that State;
(b) the number of Commissioners falls below 9; or
(c) the number of women who are Commissioners falls below 2,
for not longer than 6 months.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 25.
Repeal of Divisions 1 and 2 of Part III
25. Divisions 1 and 2 of Part III of the Principal Act are repealed.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 26.
Functions of Commission
26. Section 59 of the Principal Act is repealed.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 27.
Publication of journals, &c., and making, &c., of sound recordings, &c.
27. Section 60 of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(5) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 28.
Power to purchase and dispose of assets
28. Section 61 of the Principal Act is repealed.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 29.
Studios to be provided by Commission
29. Section 63 of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(3) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 30.
Authorized transmissions
30. Section 64 of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(2) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 31.
Repeal of sections 65 to 71B
31. Sections 65 to 71B (inclusive) of the Principal Act are repealed.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 32.
Taxation
32. Section 72 of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(2) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 33.
Provision and operation of studios, transmitting stations, &c.
33. Section 73 of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(5) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 34.
Lines for conveyance of electric current to stations
34. Section 74 of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(5) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 35.
National broadcasting translator station licences
35. Section 75 of the Principal Act is amended by omitting ''Commission''
from sub-section (1) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 36.
National television translator station licences
36. Section 76 of the Principal Act is amended by omitting ''Commission''
from sub-section (1) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 37.
Minister may require Commission to refrain from broadcasting or televising any
matter
37. Section 77 of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(2) Notwithstanding that, by reason of section 5 of the Australian
Broadcasting Corporation Act 1983, there is no longer a body corporate under
the name Australian Broadcasting Commission, this section continues to have
effect for the purpose of its application, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 38.
Report and financial statement
38. Section 78 of the Principal Act is repealed.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 39.
Action under section 64 or 77 to be reported to Parliament
39. Section 78A of the Principal Act is amended by adding at the end thereof
the following sub-section:
''(2) References in sub-section (1) to sections 64 and 77 shall be construed
as references to those sections as they apply, by virtue of section 79ZJ, in
relation to the Special Broadcasting Service.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 40.
Commission to assume certain obligations and liabilities
40. Section 79 of the Principal Act is repealed.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 41.
Joint Consultative Committee
41. Section 79A of the Principal Act is repealed.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 42.
42. Section 79ZJ of the Principal Act is repealed and the following section
is substituted:
Application of Act
''79ZJ. (1) Sections 60, 63, 64, 72, 73, 74, 77 and 78A apply, with such
exceptions and subject to such modifications and adaptations as are
prescribed, in relation to the Service, to programs broadcast or televised
under Part IIIA and to stations used by the Service as they applied
immediately before the commencement of the Australian Broadcasting Corporation
(Transitional Provisions and Consequential Amendments) Act 1983 in relation to
the Commission, to programs broadcast or televised by the Commission and to
stations used by the Commission.
''(2) Sections 112, 113, 113A, 115, 116 (other than sub-section (1)), 117,
117A, 118, 124A and 131 apply, with such exceptions and subject to such
modifications and adaptations as are prescribed, in relation to the Service,
to programs broadcast or televised under Part IIIA and to stations used by the
Service as they apply in relation to the Corporation, to programs broadcast or
televised by the Corporation and to stations used by the Corporation.
''(3) In sub-sections (1) and (2), 'station' means a broadcasting station,
television station, broadcasting translator station, television translator
station or television repeater station.''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 43.
Particulars of programs to be made available
43. Section 105 of the Principal Act is amended by omitting ''Commission''
and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 44.
Programs of supplementary stations
44. Section 105R of the Principal Act is amended by omitting ''Commission''
from paragraph (3) (b) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 45.
Remuneration
45. Section 111E of the Principal Act is amended-
(a) by adding ''and'' at the end of paragraph (1) (a); and
(b) by omitting paragraph (1) (b).
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 46.
Transmission of certain messages
46. Section 112 of the Principal Act is amended by omitting ''Commission''
and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 47.
Corporation to make certain programs available to commercial television
stations
47. Section 113 of the Principal Act is amended-
(a) by omitting ''Commission'' first occurring in sub-section (1), once
occurring in sub-section (2) and second and third occurring in sub-section (3)
and substituting ''Managing Director of the Corporation''; and
(b) by omitting ''Commission'' second occurring in sub-section (1) and
first occurring in sub-section (3) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 48.
Corporation may make programs available to certain licensees
48. Section 113A of the Principal Act is amended-
(a) by omitting ''Commission'' (first, second and fourth occurring) and
substituting ''Managing Director of the Corporation''; and
(b) by omitting ''Commission'' (third occurring) and substituting
''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 49.
Encouragement of Australian artists
49. Section 114 of the Principal Act is amended by omitting ''Commission''
(wherever occurring) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 50.
Televising of sporting events and entertainments
50. Section 115 of the Principal Act is amended by omitting ''Commission''
and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 51.
Broadcasting or televising of political matter or controversial matter
51. Section 116 of the Principal Act is amended-
(a) by omitting ''Commission'' first occurring in sub-section (1) and
substituting ''Australian Broadcasting Corporation Board'';
(b) by omitting ''Commission'' second occurring in sub-section (1),
wherever occurring in sub-sections (2) and (4) and last occurring in
sub-section (4A) and substituting ''Corporation''; and
(c) by omitting ''Commission'' first occurring in sub-section (4A) and
substituting ''Managing Director of the Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 52.
Names of speakers to be announced
52. Section 117 of the Principal Act is amended by omitting ''Commission''
from sub-sections (1) and (5) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 53.
Records of political matter, &c.
53. Section 117A of the Principal Act is amended-
(a) by omitting ''Commission'' wherever occurring in sub-sections (1) and
(2), first occurring in sub-section (3), second occurring in sub-section (4)
and once occurring in sub-section (6) and substituting ''Corporation''; and
(b) by omitting ''Commission'' second and third occurring in sub-section
(3) and first occurring in sub-section (4) and substituting ''Managing
Director of the Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 54.
Broadcasting or televising of objectionable items
54. Section 118 of the Principal Act is amended by omitting ''Commission''
from sub-section (1) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 55.
Broadcasting programs of other stations prohibited
55. Section 121 of the Principal Act is amended by omitting ''Commission''
from paragraph (1) (a) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 56.
Offence to interfere with the broadcasting or televising of programs
56. Section 124A of the Principal Act is amended by omitting ''Commission''
(wherever occurring) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 57.
Control of broadcasting and television in case of emergency
57. Section 131 of the Principal Act is amended by omitting ''Commission''
(wherever occurring) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 58.
Principal Act
PART IV-AMENDMENTS OF THE COPYRIGHT ACT 1968
58. The Copyright Act 1968*2* is in this Part referred to as the Principal
Act.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 59.
Interpretation
59. Section 10 of the Principal Act is amended by omitting from sub-section
(1) the definition of ''the Australian Broadcasting Commission'' and
substituting the following definitions:
'' 'the Australian Broadcasting Commission' means the Australian
Broadcasting Commission that was established under the Broadcasting and
Television Act 1942;
'the Australian Broadcasting Corporation' means the Australian
Broadcasting Corporation established under the Australian Broadcasting
Corporation Act 1983;''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 60.
Television broadcasts and sound broadcasts in which copyright subsists
60. (1) Section 91 of the Principal Act is amended-
(a) by omitting sub-paragraph (a) (i) and substituting the following
sub-paragraph:
''(i) the Australian Broadcasting Corporation;''; and
(b) by omitting sub-paragraph (b) (i) and substituting the following
sub-paragraph:
''(i) the Australian Broadcasting Corporation;''.
(2) The amendments made by sub-section (1) do not affect the continued
subsistence of any copyright that, immediately before the commencement of this
section, subsisted in a television broadcast or sound broadcast that had been
made from a place in Australia by the Australian Broadcasting Commission
before the commencement of this section.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 61.
Ownership of copyright in television broadcasts and sound broadcasts
61. Section 99 of the Principal Act is amended by omitting paragraph (a) and
substituting the following paragraph:
''(a) the Australian Broadcasting Corporation is the owner of any copyright
subsisting in a television broadcast or sound broadcast made by it;''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 62.
Applications to Tribunal for determination of amounts payable for broadcasting
published sound recordings
62. Section 152 of the Principal Act is amended-
(a) by omitting paragraph (a) of the definition of ''broadcaster'' in
sub-section (1) and substituting the following paragraph:
''(a) the Australian Broadcasting Corporation;'';
(b) by inserting after sub-section (1) the following sub-section:
''(1A) For the purposes of the application of this section in relation to
a period before the commencement of this sub-section, this section has effect
as if any act or thing done during that period by the Australian Broadcasting
Commission had been done by the Australian Broadcasting Corporation and any
earnings of the Australian Broadcasting Commission during that period were
earnings of the Australian Broadcasting Corporation.''; and
(c) by omitting from sub-section (11) ''Commission'' (wherever occurring)
and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 63.
Application of Act in relation to countries other than Australia
63. Section 184 of the Principal Act is amended by omitting from paragraph
(1) (f) ''Australian Broadcasting Commission'' and substituting ''Australian
Broadcasting Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 64.
Reception of broadcasts
64. Section 199 of the Principal Act is amended by omitting from sub-section
(7) ''Australian Broadcasting Commission'' (wherever occurring) and
substituting ''Australian Broadcasting Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 65.
Principal Act
PART V-AMENDMENT OF THE FREEDOM OF INFORMATION ACT 1982
65. The Freedom of Information Act 1982*3* is in this Part referred to as
the Principal Act.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 66.
Schedule 2
66. Schedule 2 to the Principal Act is amended by omitting ''Australian
Broadcasting Commission'' and substituting ''Australian Broadcasting
Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 67.
Principal Act
PART VI-AMENDMENTS OF THE PARLIAMENTARY PROCEEDINGS BROADCASTING ACT
1946
67. The Parliamentary Proceedings Broadcasting Act 1946*4* is in this Part
referred to as the Principal Act.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 68.
Broadcasting of parliamentary proceedings
68. Section 4 of the Principal Act is amended by omitting ''Commission''
(wherever occurring) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 69.
Recording of parliamentary proceedings
69. Section 13A of the Principal Act is amended-
(a) by omitting sub-section (1) and substituting the following
sub-section:
''(1) In this section, 'Corporation' means the Australian Broadcasting
Corporation.''; and
(b) by omitting from sub-sections (2), (2A), (3) and (4) ''Commission''
(wherever occurring) and substituting ''Corporation''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 70.
Principal Act
PART VII-AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1975
70. The Telecommunications Act 1975*5* is in this Part referred to as the
Principal Act.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - SECT. 71.
Persons other than the Commission not to construct, maintain or operate
telecommunications installations
71. Section 94 of the Principal Act is amended-
(a) by inserting after paragraph (2) (d) the following paragraph:
''(da) by the Australian Broadcasting Corporation in accordance with
the
Australian Broadcasting Corporation Act 1983 or by a person doing any act
pursuant to section 77 of that Act;''; and
(b) by omitting from paragraph (2) (e) ''the Australian Broadcasting
Commission or''.
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983 No. 7 of 1983 - NOTES
NOTES
1. No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No.
64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33, 65
and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82,
1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47,
1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49,
1972; No. 50, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 55, 1974;
No. 56, 1975; Nos. 89 and 187, 1976; No. 160, 1977; Nos. 52 and 210, 1978;
Nos. 143 and 177, 1980; Nos. 61, 113 and 153, 1981; and No. 154, 1982.
2. No. 63, 1968, as amended. For previous amendments, see No. 216, 1973; No.
91, 1976; No. 160, 1977; No. 19, 1979; No. 154, 1980; Nos. 42, 61 and 113,
1981; and Nos. 26 and 154, 1982.
3. No. 3, 1982.
4. No. 20, 1946, as amended. For previous amendments, see No. 35, 1960; Nos.
94 and 216, 1973; No. 32, 1974; and No. 39, 1981.
5. No. 55, 1975, as amended. For previous amendments, see No. 94, 1976; No.
160, 1977; Nos. 36 and 170, 1978; No. 115, 1979; No. 177, 1980; and No. 61,
1981.