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Special Broadcasting Service Act 1991

No. 180, 1991

Compilation No. 25

Compilation date: 14 March 2018

Includes amendments up to: Act No. 99, 2017

Registered: 4 April 2018

Prepared by the Office of Parliamentary Counsel, Canberra

About this compilation

This compilation

This is a compilation of the Special Broadcasting Service Act 1991 that shows

the text of the law as amended and in force on 14 March 2018 (the compilation

date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

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Contents

Part 1—Preliminary 1 Short title ...........................................................................................1

2 Commencement.................................................................................1

3 Interpretation .....................................................................................1

3A Digital media service .........................................................................3

4 Extension to external Territories .......................................................3

Part 2—Establishment, functions and management of the SBS 4 5 Special Broadcasting Service Corporation ........................................4

6 Charter of the SBS.............................................................................4

6A Datacasting functions ........................................................................5

7 Establishment of Special Broadcasting Service Board ......................6

8 Constitution of the Board ..................................................................6

9 Role of the Board...............................................................................6

10 Duties of the Board............................................................................6

11 Minister may give directions to the Board.........................................7

12 Minister may give directions to the SBS in the national

interest ...............................................................................................8

13 Limits on Government directions to SBS ..........................................9

14 Managing Director.............................................................................9

15 Duties of the Managing Director .......................................................9

Part 3—The Board of Directors and the Managing Director 10

Division 1—Provisions relating to non-executive Directors 10

16 This Division applies to non-executive Directors............................10

17 Appointment of non-executive Directors.........................................10

18 Term of appointment .......................................................................12

19 Non-executive Directors hold office on part-time basis ..................12

20 Terms and conditions of appointment not provided for by

Act ...................................................................................................12

21 Appointment of Deputy Chairperson...............................................12

22 Board’s functions and powers not affected by vacancy etc. ............13

23 Remuneration and allowances of non-executive Directors..............13

24 Acting Chairperson and other acting non-executive Directors ........13

25 Leave of absence of non-executive Directors ..................................15

26 Resignation of non-executive Directors...........................................15

27 Removal of non-executive Directors from office ............................15

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Division 2—Provisions relating to the Managing Director 17

28 Appointment of Managing Director ................................................17

29 Term of appointment of Managing Director....................................17

30 Managing Director holds office on a full-time basis .......................17

31 Terms and conditions of appointment not provided for by

Act ...................................................................................................17

32 Remuneration and allowances of Managing Director......................17

33 Acting Managing Director...............................................................18

34 Leave of absence of Managing Director ..........................................18

35 Resignation of Managing Director ..................................................19

36 Duty of Managing Director to disclose certain interests..................19

37 Removal of Managing Director from office ....................................19

Division 3—Meetings of the Board 20

38 Meetings of the Board .....................................................................20

39 Presiding at meetings.......................................................................20

40 Quorum and voting at meetings.......................................................21

41 Conduct of meetings........................................................................21

42 Resolutions without formal meetings ..............................................22

Part 3A—Merit-based appointment of non-executive Directors 23 43 Functions of Nomination Panel .......................................................23

43A Selection criteria..............................................................................25

43B Consultation, and selection of candidate not nominated by

Nomination Panel ............................................................................25

43C Department’s annual report .............................................................25

Part 4—Powers and duties of the SBS 26 44 General powers of the SBS..............................................................26

45 Advertising and sponsorship—broadcasting services......................27

45A Advertising and sponsorship—digital media services .....................29

46 Community information ..................................................................30

48 Matters to be included in corporate plans ........................................30

50 Community Advisory Committee....................................................31

52 Power to form companies etc. .........................................................31

Part 5—Staff 33 53 Staff of the SBS until section 54 commences ..................................33

54 Staff of the SBS...............................................................................33

55 The SBS is to achieve and maintain high standards as an

employer..........................................................................................33

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Part 6—Finance 34 56 Money to be appropriated................................................................34

57 Money of the SBS ...........................................................................34

58 Application of money ......................................................................34

59 Borrowing from the Commonwealth ...............................................35

60 Borrowings otherwise than from the Commonwealth .....................35

61 Guarantee of borrowing...................................................................35

62 The SBS may give security .............................................................36

63 Borrowings not otherwise permitted................................................36

64 Delegation by Finance Minister.......................................................36

65 Hedging contracts etc. .....................................................................36

68 Taxation...........................................................................................37

Part 7—Miscellaneous 38 70 Application of Broadcasting Act .....................................................38

70AA Report by ACMA on degradation of signal quality .........................38

70A Broadcasting of political or controversial matter.............................38

70B Records of matter broadcast ............................................................42

70C Broadcasting of election advertisements .........................................43

73 Matters to be included in annual report ...........................................45

74 Delegation by the SBS.....................................................................46

75 Delegation by Managing Director ...................................................46

76 Regulations......................................................................................47

Part 8—Transitional 48 77 Interpretation ...................................................................................48

80 Persons employed or engaged by the old body corporate ................48

81 Persons engaged under section 53 ...................................................49

83 References to old body corporate in instruments etc. ......................49

84 Property, powers, liabilities etc. ......................................................49

85 Saving of proceedings .....................................................................50

86 Judicial notice..................................................................................50

87 Application of money ......................................................................50

89 Bank accounts to be treated as if opened under this Act..................51

Endnotes 52

Endnote 1—About the endnotes 52

Endnote 2—Abbreviation key 54

Endnote 3—Legislation history 55

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Preliminary Part 1

Section 1

An Act relating to the Special Broadcasting Service

Corporation, and for related purposes

Part 1—Preliminary

1 Short title

This Act may be cited as the Special Broadcasting Service Act

1991.

2 Commencement

(1) Subject to subsection (2), this Act commences 28 days after the

day on which it receives the Royal Assent.

(2) Section 54 commences on a day to be fixed by Proclamation.

3 Interpretation

In this Act, unless the contrary intention appears:

ACMA means the Australian Communications and Media

Authority.

Board means the Special Broadcasting Service Board referred to in

section 7.

borrowing, includes raising money or obtaining credit, whether by

dealing in securities or otherwise, but does not include obtaining

credit in a transaction forming part of the day-to-day operations of

the SBS.

Chairperson means the Chairperson of the Board.

Charter means the Charter of the SBS described in

subsection 6(3).

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Part 1 Preliminary

Section 3

Community Advisory Committee means the Community Advisory

Committee established under section 50.

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.

digital electronic communications means communications that:

(a) are carried by means of guided and/or unguided

electromagnetic energy; and

(b) involve the use of digital technology.

digital media service has the meaning given by section 3A.

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 Public

Governance, Performance and Accountability Act 2013.

Indigenous person means a person who is:

(a) a member of the Aboriginal race of Australia; or

(b) a descendant of an Indigenous inhabitant of the Torres Strait

Islands.

interest, in relation to money, includes compound interest.

Managing Director means the Managing Director of the SBS.

national broadcasting service has the same meaning as in the

Broadcasting Services Act 1992.

Nomination Panel means the Nomination Panel established under

section 24A of the Australian Broadcasting Corporation Act 1983.

non-executive Director means a Director other than the Managing

Director.

program means a radio program or a television program.

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Preliminary Part 1

Section 3A

SBS means the body corporate preserved and continued in

existence as the Special Broadcasting Service Corporation under

section 5.

3A Digital media service

(1) For the purposes of this Act, digital media service means:

(a) a service that delivers content to persons having equipment

appropriate for receiving that content, where the delivery of

the service is by means of digital electronic communications;

or

(b) a service that allows end-users to access content using digital

electronic communications;

but does not include:

(c) a radio or television service; or

(d) a datacasting service.

(2) For the purposes of this section, content means content:

(a) whether in the form of text; or

(b) whether in the form of data; or

(c) whether in the form of speech, music or other sounds; or

(d) whether in the form of visual images (animated or

otherwise); or

(e) whether in any other form; or

(f) whether in any combination of forms.

4 Extension to external Territories

This Act extends to all the external Territories.

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Part 2 Establishment, functions and management of the SBS

Section 5

Part 2—Establishment, functions and management

of the SBS

5 Special Broadcasting Service Corporation

(1) The body corporate that was, immediately before the day this

section commences, in existence because of section 79C of the

Broadcasting Act 1942 under the name Special Broadcasting

Service continues in existence, by force of this subsection, as a

body corporate, under this Act, under the name Special

Broadcasting Service Corporation.

Note: The Public Governance, Performance and Accountability Act 2013

applies to the SBS. That Act deals with matters relating to corporate

Commonwealth entities, including reporting and the use and

management of public resources.

(2) The SBS:

(a) has a seal; and

(b) may sue and be sued.

(3) All courts, judges and persons acting judicially must take judicial

notice of the imprint of the seal of the SBS appearing on a

document and must presume that the document was duly sealed.

6 Charter of the SBS

(1) The principal function of the SBS is to provide multilingual and

multicultural radio, television and digital media services that

inform, educate and entertain all Australians, and, in doing so,

reflect Australia’s multicultural society.

(2) The SBS, in performing its principal function, must:

(a) contribute to meeting the communications needs of

Australia’s multicultural society, including ethnic, Aboriginal

and Torres Strait Islander communities; and

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(b) increase awareness of the contribution of a diversity of

cultures to the continuing development of Australian society;

and

(c) promote understanding and acceptance of the cultural,

linguistic and ethnic diversity of the Australian people; and

(d) contribute to the retention and continuing development of

language and other cultural skills; and

(e) as far as practicable, inform, educate and entertain

Australians in their preferred languages; and

(f) make use of Australia’s diverse creative resources; and

(g) to the extent to which the function relates to radio and

television services—contribute to the overall diversity of

Australian television and radio services, particularly taking

into account the contribution of the Australian Broadcasting

Corporation and the community broadcasting sector; and

(h) to the extent to which the function relates to radio and

television services—contribute to extending the range of

Australian television and radio services, and reflect the

changing nature of Australian society, by presenting many

points of view and using innovative forms of expression.

(3) The principal function of the SBS under subsection (1) and the

duties imposed on the SBS under subsection (2) constitute the

Charter of the SBS.

(4) Nothing in this section imposes on the SBS a duty that is

enforceable by proceedings in a court.

(5) A subsidiary function of the SBS is to carry on, within or outside

Australia, any business or other activity incidental to the fulfilment

of the Charter.

6A Datacasting functions

(1) If:

(a) the SBS applies for a datacasting licence; and

(b) the licence is allocated to the SBS;

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Section 7

then, in addition to the functions conferred on the SBS under

section 6, the SBS 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 SBS, in relation to the provision of such a service, beyond

that imposed on the SBS as holder of such a licence.

7 Establishment of Special Broadcasting Service Board

There is to be a Board of Directors of the SBS under the name

Special Broadcasting Service Board.

8 Constitution of the Board

The Board consists of:

(a) the Managing Director; and

(aa) the Chairperson; and

(b) not fewer than 3 nor more than 7 other non-executive

Directors.

9 Role of the Board

The role of the Board is:

(a) to decide the objectives, strategies and policies to be

followed by the SBS in performing its functions; and

(b) to ensure that the SBS performs its functions in a proper,

efficient and economical manner and with the maximum

benefit to the people of Australia.

10 Duties of the Board

(1) It is the duty of the Board:

(a) to maintain the independence and integrity of the SBS; and

(b) to develop and publicise the SBS’s programming policies;

and

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(c) to ensure, by means of the SBS’s programming policies, that

the gathering and presentation by the SBS of news and

information is accurate and is balanced over time and across

the schedule of programs broadcast; and

(d) to ensure that the SBS does not contravene:

(i) this Act or any other Act; or

(ii) any directions given to, or requirements made in

relation to, the SBS under this Act or another Act; and

(e) to ensure the efficient and cost effective functioning of the

SBS; and

(f) to ensure that the SBS seeks to co-operate closely with the

Australian Broadcasting Corporation to maximise the

efficiency of the publicly funded sectors of Australian

broadcasting; and

(g) to be aware of, and responsive to, community needs and

opinions on matters relevant to the Charter; and

(h) to develop and publicise the SBS’s policies on the handling

of complaints; and

(i) to ensure that the pursuit by the SBS of its subsidiary

functions does not detract from the SBS fulfilling its Charter

responsibilities; and

(j) to develop codes of practice relating to:

(i) programming matters; and

(ii) if the SBS has the function of providing a datacasting

service under section 6A—that service;

and to notify those codes to the ACMA.

(2) Nothing in this section imposes on the Board a duty that is

enforceable by proceedings in a court.

11 Minister may give directions to the Board

(1) Subject to subsections (2) and (3), the Minister may, after

consultation with the Board, give to the Board such written

directions in relation to the performance of the SBS’s functions as

appear to the Minister to be necessary in the public interest.

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(2) Subject to subsections (3) and (3A), the Minister may only give a

direction in relation to a prescribed matter or in prescribed

circumstances.

(3) The Minister must not give a direction in relation to the content or

scheduling of programs to be broadcast.

(3A) The Minister must not give a direction in relation to the content to

be provided on a digital media service.

(4) Where the Minister gives a direction to the Board, the Minister

must cause a copy of the direction to be laid before each House of

the Parliament within 15 sitting days of that House after giving the

direction.

12 Minister may give directions to the SBS in the national interest

(1) Where the Minister is of the opinion that the broadcasting of a

particular matter by the SBS would be in the national interest, the

Minister may direct the SBS to broadcast that matter from all the

broadcasting stations from which the SBS programs are broadcast

or from such of them as are specified in the direction.

(2) Where the Minister gives a direction to the SBS, the SBS must

broadcast the matter, free of charge, in accordance with the

direction.

(3) The Minister may direct that a matter be broadcast in a language or

languages specified in the direction.

(4) Subsection (1) has effect subject to section 116 of the Broadcasting

Act 1942.

(4A) If the Minister is of the opinion that the provision of particular

content by the SBS would be in the national interest, the Minister

may direct the SBS to provide that content on all of its digital

media services or on such of them as are specified in the direction.

If such a direction is given, the SBS must provide that content, free

of charge, in accordance with the direction.

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(5) A direction under this section must be given in writing, or sent by

telex or fax, to the Managing Director.

(6) Where the Minister gives a direction under this section to the SBS,

the Minister must 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 giving the

direction.

13 Limits on Government directions to SBS

(1) Except as otherwise provided by or under this or any other Act, the

SBS and its Board are not subject to direction by or on behalf of

the Commonwealth Government.

(2) Section 22 of the Public Governance, Performance and

Accountability Act 2013 (which deals with the application of

government policy to corporate Commonwealth entities) applies in

relation to the SBS and its Board to the extent that a government

policy order mentioned in that section does not affect the content

or scheduling of programs.

14 Managing Director

There is to be a Managing Director of the SBS, who is to be

appointed and hold office as provided by Division 2 of Part 3.

15 Duties of the Managing Director

(1) Subject to subsection (2), the affairs of the SBS are to be managed

by the Managing Director.

(2) In managing any of the affairs of the SBS and in exercising any

powers conferred on him or her by this Act, the Managing Director

must act in accordance with any policies determined, and any

directions given, by the Board.

(3) Anything done in the name of, or on behalf of, the SBS by the

Managing Director is taken to have been done by the SBS.

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Part 3 The Board of Directors and the Managing Director

Division 1 Provisions relating to non-executive Directors

Section 16

Part 3—The Board of Directors and the Managing

Director

Division 1—Provisions relating to non-executive Directors

16 This Division applies to non-executive Directors

This Division applies to the non-executive Directors.

17 Appointment of non-executive Directors

(1) The Governor-General must appoint the non-executive Directors.

(2) Before the Governor-General appoints a person as a non-executive

Director, the Minister must have regard to the need to ensure:

(a) that the Directors collectively possess an appropriate balance

of expertise in the areas required to govern the SBS

effectively, including an understanding of Australia’s

multicultural society and the needs and interests of the SBS’s

culturally diverse audience; and

(b) that the Directors collectively comprise persons with a

diversity of cultural perspectives; and

(c) that the Directors include a person who the Minister is

satisfied, having regard to consultations between the Minister

and representatives of industrial organisations representing

employees, has an appropriate understanding of the interests

of employees; and

(d) that at least one of the Directors is an Indigenous person.

(2A) The following persons are not eligible for appointment as a

non-executive Director referred to in paragraph 8(aa) or (b):

(a) a member or former member of the Parliament of the

Commonwealth;

(b) a member or former member of the Parliament of a State, of

the Legislative Assembly for the Australian Capital Territory

or of the Legislative Assembly of the Northern Territory;

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Provisions relating to non-executive Directors Division 1

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(c) a person who is or was a senior political staff member

(within the meaning of the Australian Broadcasting

Corporation Act 1983).

(2AA) However, so far as subsection (2A) relates to a person who:

(a) is a former member of a Parliament or a Legislative

Assembly referred to in that subsection; or

(b) was a senior political staff member (within the meaning of

the Australian Broadcasting Corporation Act 1983);

that subsection applies only for the period of 12 months beginning

on the day the person ceased to be a member of that Parliament or

that Legislative Assembly or a senior political staff member

(within the meaning of that Act).

(2AB) A person who:

(a) is a former member of a Parliament or a Legislative

Assembly referred to in subsection (2A); or

(b) was a senior political staff member (within the meaning of

the Australian Broadcasting Corporation Act 1983);

must not be appointed as a non-executive Director referred to in

paragraph 8(aa) or (b) unless, in accordance with Part 3A, the

Nomination Panel has nominated the person for the appointment.

(2B) Subject to subsection (2C), a person must not be appointed as a

non-executive Director referred to in paragraph 8(aa) or (b) unless

Part 3A is complied with.

(2C) The Minister may recommend to the Governor-General that a

particular person be re-appointed as a non-executive Director

referred to in paragraph 8(aa) or (b) without Part 3A being

complied with.

(3) The appointment of a person as a non-executive Director is not

invalid merely because of a defect or irregularity in relation to the

appointment (including a failure to comply with Part 3A).

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Part 3 The Board of Directors and the Managing Director

Division 1 Provisions relating to non-executive Directors

Section 18

18 Term of appointment

(1) A non-executive Director holds office, subject to this Act, for such

period (not longer than 5 years) as is specified in the instrument of

appointment, but is eligible for re-appointment.

(2) Where a person is re-appointed as a non-executive Director, the

re-appointment must be for a period not exceeding 5 years.

(3) The sum of the periods for which a person holds either or both of

the following offices must not exceed 10 years:

(a) an office referred to in paragraph 8(aa);

(b) an office referred to in paragraph 8(b).

Example 1: Assume a person holds office as Chairperson for an initial period of 5

years and then holds office as Chairperson for a further period of 5

years.

The person cannot hold office as Chairperson again and cannot hold

office as a Director referred to in paragraph 8(b).

Example 2: Assume a person holds office as a Director referred to in

paragraph 8(b) for a period of 5 years and then holds office as

Chairperson for a period of 3 years.

The person may now hold office as Chairperson, or as a Director

referred to in paragraph 8(b), for a maximum period of 2 years.

19 Non-executive Directors hold office on part-time basis

Non-executive Directors hold office on a part-time basis.

20 Terms and conditions of appointment not provided for by Act

A non-executive Director holds office on such terms and

conditions in relation to matters not provided for by this Act as are

determined by the Governor-General.

21 Appointment of Deputy Chairperson

(1) The Governor-General must appoint one of the non-executive

Directors to be the Deputy Chairperson of the Board.

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The Board of Directors and the Managing Director Part 3

Provisions relating to non-executive Directors Division 1

Section 22

(2) A person must not continue to hold the position of Deputy

Chairperson, acting Chairperson or acting Deputy Chairperson if

the person ceases to be a non-executive Director.

22 Board’s functions and powers not affected by vacancy etc.

The performance of the functions or the exercise of the powers of

the Board is not affected merely because:

(a) there is a vacancy in the office of the Chairperson or Deputy

Chairperson; or

(b) there is a vacancy in the office of Managing Director; or

(c) the number of non-executive Directors falls below 4 for not

longer than 6 months.

23 Remuneration and allowances of non-executive Directors

(1) A non-executive Director must be paid such remuneration as is

determined by the Remuneration Tribunal.

(2) A non-executive Director must be paid such allowances as are

prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

24 Acting Chairperson and other acting non-executive Directors

(1) Where:

(a) there is a vacancy in the office of Chairperson, whether or

not an appointment has previously been made to the office;

or

(b) the Chairperson is absent from duty or from Australia or is,

for any other reason, unable to perform the duties of his or

her office;

the Deputy Chairperson must act as Chairperson.

Note: For rules that apply to persons acting as the Chairperson, see

section 33A of the Acts Interpretation Act 1901.

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Part 3 The Board of Directors and the Managing Director

Division 1 Provisions relating to non-executive Directors

Section 24

(2) The Minister may appoint a non-executive Director to act as

Deputy Chairperson:

(a) during a vacancy in the office of Deputy Chairperson,

whether or not an appointment has previously been made to

that office; or

(b) during any period, or during all periods, when the Deputy

Chairperson is absent from duty or from Australia, is acting

as Chairperson or is, for any other reason, unable to perform

the duties of his or her office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(3) The Minister may appoint a person to act as a non-executive

Director other than the Chairperson or the Deputy Chairperson:

(a) during a vacancy in the office of such a non-executive

Director, whether or not an appointment has previously been

made to the office; or

(b) during any period, or during all periods, when such a

non-executive Director is acting as Chairperson or as Deputy

Chairperson, is absent from duty or from Australia or is, for

any other reason, unable to perform the duties of his or her

office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(4) The Minister may determine the terms and conditions, other than

terms and conditions relating to remuneration and allowances,

applying to a person acting as Chairperson, as Deputy Chairperson

or as another non-executive Director.

(5) A person acting as Chairperson, as Deputy Chairperson or as

another non-executive Director is to be paid the same remuneration

and allowances as are payable to the Chairperson, the Deputy

Chairperson or other non-executive Directors, as the case requires.

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The Board of Directors and the Managing Director Part 3

Provisions relating to non-executive Directors Division 1

Section 25

25 Leave of absence of non-executive Directors

(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) Where the Chairperson is unable to attend a meeting of the Board

because of ill health, the Board may grant leave to the Chairperson

to be absent from that meeting.

(3) 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.

26 Resignation of non-executive Directors

A non-executive Director may resign his or her office by writing

signed and delivered to the Governor-General.

27 Removal of non-executive Directors from office

(1) The Governor-General may remove a non-executive Director from

office for misbehaviour or physical or mental incapacity.

(2) If:

(a) the Chairperson, or a non-executive Director acting as

Chairperson, is absent, except with the leave of the Minister

or the Board, from 3 consecutive meetings of the Board; or

(b) a non-executive Director (other than the Chairperson or a

Director acting as Chairperson) is absent, except with the

leave of the Chairperson, from 3 consecutive meetings of the

Board; or

(c) a non-executive Director becomes bankrupt, takes steps to

take the benefit of any law for the relief of bankrupt or

insolvent debtors, compounds with one or more of his or her

creditors or makes an assignment of his or her remuneration

for the benefit of one or more of his or her creditors;

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Part 3 The Board of Directors and the Managing Director

Division 1 Provisions relating to non-executive Directors

Section 27

the Governor-General may remove the non-executive Director

concerned from office.

Note: The appointment of a non-executive Director may also be terminated

under section 30 of the Public Governance, Performance and

Accountability Act 2013 (which deals with terminating the

appointment of an accountable authority, or a member of an

accountable authority, for contravening general duties of officials).

(3) If:

(a) the Minister is of the opinion that the performance of the

Board or the SBS has been unsatisfactory for a significant

period of time; and

(b) the Minister proposes that the appointment of all

non-executive Directors, or specified non-executive

Directors, be terminated;

the Governor-General must terminate the appointment of all

non-executive Directors or the specified non-executive Directors,

as the case may be.

(4) If:

(a) the Minister is of the opinion that the performance of a

particular non-executive Director has been unsatisfactory for

a significant period of time; and

(b) the Minister proposes that the appointment of the

non-executive Director be terminated;

the Governor-General must terminate the appointment of the

non-executive Director.

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The Board of Directors and the Managing Director Part 3

Provisions relating to the Managing Director Division 2

Section 28

Division 2—Provisions relating to the Managing Director

28 Appointment of Managing Director

(1) The Board must appoint the Managing Director.

(2) The appointment of a person as Managing Director is not invalid

merely because of a defect or irregularity in relation to the

appointment.

29 Term of appointment of Managing Director

(1) Subject to subsection (2), the Managing Director must be

appointed for a period not longer than 5 years, but is eligible for

re-appointment.

(2) Where the person holding office as Managing Director is

re-appointed, the re-appointment must be for a period not longer

than 5 years.

30 Managing Director holds office on a full-time basis

The Managing Director holds office on a full-time basis.

31 Terms and conditions of appointment not provided for by Act

The Managing Director holds office on such terms and conditions

in relation to matters not provided for by this Act as are determined

by the Board.

32 Remuneration and allowances of Managing Director

(1) The Managing Director must be paid such remuneration as is

determined by the Remuneration Tribunal.

(2) The Managing Director must be paid such allowances as are

determined by the Board.

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Division 2 Provisions relating to the Managing Director

Section 33

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

33 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; 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 his or her

office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(2) The Board may determine the terms and conditions of

appointment, excluding remuneration and allowances, of a person

acting as Managing Director.

(3) An employee of the SBS who is acting as Managing Director must

be paid:

(a) remuneration at the same level as would be payable to the

Managing Director under subsection 32(1); and

(b) such allowances as are determined by the Board.

34 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

approval of the Board.

(3) The Board may grant leave of absence, other than recreation leave,

to the Managing Director on such terms and conditions as the

Board thinks fit.

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Provisions relating to the Managing Director Division 2

Section 35

35 Resignation of Managing Director

The Managing Director may resign his or her office by writing

signed and delivered to the Board.

36 Duty of Managing Director to disclose certain interests

(1) The Managing Director must give written notice to the Chairperson

of all direct and indirect pecuniary interests that the Managing

Director has or acquires in any business or in any body corporate

carrying on any business.

(2) Subsection (1) applies in addition to section 29 of the Public

Governance, Performance and Accountability Act 2013 (which

deals with the duty to disclose interests).

37 Removal of Managing Director from office

(1) The Managing Director holds office during the Board’s pleasure.

(2) If the Managing Director:

(a) engages in paid employment outside the duties of his or her

office without the approval of the Board; or

(b) is absent from duty, except on leave granted by the Board,

for 14 consecutive days, or for 28 days in any 12 months; or

(c) 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

(d) fails, without reasonable excuse, to comply with section 36;

the Board may remove the Managing Director from office.

Note: The appointment of the Managing Director may also be terminated

under section 30 of the Public Governance, Performance and

Accountability Act 2013 (which deals with terminating the

appointment of an accountable authority, or a member of an

accountable authority, for contravening general duties of officials).

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Part 3 The Board of Directors and the Managing Director

Division 3 Meetings of the Board

Section 38

Division 3—Meetings of the Board

38 Meetings of the Board

(1) The Board is to hold such meetings as are necessary for the

efficient performance of its role and duties.

(2) The Chairperson:

(a) may convene a meeting at any time; and

(b) must convene a meeting on receipt of a written request

signed by:

(i) if there are not more than 6 non-executive Directors

holding office under section 17—not fewer than 4

Directors; or

(ii) if there are more than 6 non-executive Directors holding

office under that section—not fewer than 5 Directors.

(3) Meetings of the Board are to be held at such places as the

Chairperson determines.

39 Presiding at meetings

(1) The Chairperson is to preside at all meetings of the Board at which

he or she is present.

(2) If the Chairperson is absent from a meeting of the Board, the

Deputy Chairperson is to preside at the meeting.

(3) If the Chairperson and the Deputy Chairperson are absent from a

meeting of the Board:

(a) if a non-executive Director is acting as Chairperson—that

non-executive Director is to preside at the meeting; or

(b) in any other case—the Directors present must elect one of

their number other than the Managing Director to preside at

the meeting.

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The Board of Directors and the Managing Director Part 3

Meetings of the Board Division 3

Section 40

40 Quorum and voting at meetings

(1) 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 17—4 Directors; or

(ii) if there are more than 6 non-executive Directors holding

office under that section—5 Directors; and

(b) all questions are to be decided by a majority of the votes of

the Directors present; and

(c) the Director presiding has a deliberative vote and, if

necessary, also has a casting vote.

(2) If, because of rules made for the purposes of section 29 of the

Public Governance, Performance and Accountability Act 2013, a

non-executive Director is not present at a meeting of the Board

during a deliberation of the Board in relation to a matter, but there

would be a quorum if the non-executive Director were present, the

remaining Directors present constitute a quorum for the purpose of

any deliberation or decision of the Board at the meeting in relation

to the matter.

(3) The Managing Director must 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.

41 Conduct of meetings

(1) 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.

(2) Without limiting subsection (1), the Board may permit Directors to

participate in a particular meeting, or all meetings, by:

(a) telephone; or

(b) closed-circuit television; or

(c) any other means of communication.

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Division 3 Meetings of the Board

Section 42

(3) A Director who is permitted to participate in a meeting under

subsection (2) is to be regarded as being present at that meeting.

42 Resolutions without formal meetings

Where the Board so determines, a resolution is taken to have been

passed at a meeting of the Board if:

(a) without a meeting, a majority of the number of the Directors

indicate agreement with the resolution in accordance with the

method determined by the Board; and

(b) that majority would, if present at a meeting of the Board,

have constituted a quorum under subsection 40(1).

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Merit-based appointment of non-executive Directors Part 3A

Section 43

Part 3A—Merit-based appointment of

non-executive Directors

43 Functions of Nomination Panel

(1) The functions of the Nomination Panel include:

(a) to conduct a selection process for each appointment of a

non-executive Director referred to in paragraph 8(aa) or (b);

and

(b) to assess all applicants for the appointment against the

selection criteria determined under subsection 43A(1) and

any additional selection criteria notified under

subsection 43A(2); and

(c) to assess all applicants for the appointment on the basis of

merit; and

(d) to give a written report to the Minister on the outcome of the

selection process that contains a list of at least 3 candidates

who are nominated for the appointment and a comparative

assessment of those candidates.

(2) For the purposes of paragraph (1)(c), the assessment of applicants

for appointment as a non-executive Director referred to in

paragraph 8(aa) or (b) is based on merit if:

(a) an assessment is made of the comparative suitability of the

applicants for the duties of that Director, using a competitive

selection process; and

(b) the assessment is based on the relationship between the

applicants’ experience, skills and competencies and the

experience, skills and competencies genuinely required for

the duties of that Director; and

(c) the assessment focuses on the capability of the applicants to

achieve outcomes related to the duties of that Director; and

(d) the assessment is the primary consideration in nominating the

candidates for that appointment.

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Part 3A Merit-based appointment of non-executive Directors

Section 43

Advertising appointments

(3) The Nomination Panel must invite written applications by persons

seeking to be appointed as a non-executive Director referred to in

paragraph 8(aa) or (b) by advertisements published:

(a) on the Department’s website; and

(b) in one or more other forms that are readily accessible by

potential applicants.

Example: Publication in a form mentioned in paragraph (b) could be publication

on a website other than the Department’s website.

Selection process creates another appointment

(4) If:

(a) under subsection (3), the Nomination Panel invites

applications by persons seeking to be appointed as

Chairperson (whether or not it also invites applications by

persons seeking to be appointed as a non-executive Director

referred to in paragraph 8(b)); and

(b) as a result of the selection process, a non-executive Director

referred to in paragraph 8(b) is appointed as the Chairperson

(allowing another appointment (the new appointment) of a

Director referred to in that paragraph to be made);

then:

(c) the Panel is not required to conduct another selection process

for the new appointment; and

(d) if the Panel does not do so—paragraphs (1)(b), (c) and (d) of

this section apply in relation to the new appointment as if:

(i) the unsuccessful applicants (other than a non-executive

Director referred to in paragraph 8(b)) for the

appointment as Chairperson were applicants for the new

appointment; and

(ii) if the Panel also invited applications by persons seeking

to be appointed as a non-executive Director referred to

in paragraph 8(b)—the unsuccessful applicants for the

appointment were applicants for the new appointment.

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Merit-based appointment of non-executive Directors Part 3A

Section 43A

43A Selection criteria

(1) The Minister must, by legislative instrument, determine selection

criteria for the appointment of a non-executive Director referred to

in paragraph 8(aa) or (b).

(2) The Minister may, in relation to a particular such appointment,

give a written notice to the Nomination Panel of additional

selection criteria for that appointment.

(3) A notice under subsection (2) is not a legislative instrument.

43B Consultation, and selection of candidate not nominated by

Nomination Panel

(1) If:

(a) the Nomination Panel gives the Minister a report under

paragraph 43(1)(d) in relation to the appointment of a

non-executive Director referred to in paragraph 8(aa) or (b);

and

(b) the Minister considers that a person not nominated by the

Nomination Panel should be appointed;

the Minister must give the Prime Minister a written notice that:

(c) specifies the name of that person; and

(d) sets out the Minister’s reasons for preferring that person.

(2) If that person is so appointed, the Minister must table the reasons

for that appointment in each House of the Parliament no later than

15 sitting days of that House after that appointment is made. Those

reasons must include an assessment of that person against the

selection criteria.

43C Department’s annual report

The Department’s annual report for a period must include a

statement in relation to each selection process for the appointment

of a non-executive Director that was completed in that period.

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Part 4 Powers and duties of the SBS

Section 44

Part 4—Powers and duties of the SBS

44 General powers of the SBS

(1) The SBS may do all things that are necessary or convenient to be

done for or in connection with, or as incidental to, the performance

of its functions and, in particular, has the following powers:

(a) to produce, promote or present programs or arrange, or

provide facilities, for the production, promotion or

presentation of programs;

(b) to transmit programs or other matter by means of guided or

unguided electromagnetic energy, or provide facilities for

such transmissions;

(c) to arrange for the transmission of programs or other matter

by means of guided or unguided electromagnetic energy;

(d) to make facilities and staff available to persons for the

production, presentation or transmission of programs;

(e) to acquire, accept, take on hire, dispose of or lease, personal

property (including programs or rights or interests in

programs);

(f) to prepare, promote and distribute printed material;

(g) to make, promote and distribute films, sound recordings,

video-tapes, computer programs and other similar material;

(h) to make, promote and distribute any other thing associated

with, or with the activities of, the SBS;

(i) to acquire, hold, dispose of or lease, real property;

(j) to erect buildings or structures or carry out works;

(k) to enter into contracts;

(l) to make arrangements for holding, organising or subsidising,

any public concert or other public entertainment;

(m) to accept gifts, devises or bequests made to the SBS, whether

on trust or otherwise, or to act as trustee of money or other

property vested in the SBS on trust;

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Powers and duties of the SBS Part 4

Section 45

(n) to occupy, use and control any land or building owned or

leased by the Commonwealth and made available for the

purposes of the SBS;

(o) to appoint agents and attorneys, and to act as an agent for

other persons;

(p) to engage persons to perform services for the SBS otherwise

than as employees of the SBS;

(q) to do anything incidental to any of its powers.

(2) The SBS may, from time to time, determine charges payable in

respect of any matter or activity referred to in subsection (1).

(3) Subject to subsection (4), the SBS does not have power:

(a) to accept the performance of any service, or the provision of

any facility, for the SBS; or

(b) to accept any gift, devise or bequest to the SBS, whether

offered or made unconditionally or subject to conditions;

where it is likely that the independence or integrity of the SBS

would be affected.

(4) Nothing in subsection (3) precludes the SBS from accepting the

performance of services, the provision of facilities or the payment

of money 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.

(5) Before the publication of program schedules of the SBS

broadcasting stations, the SBS must make those schedules

available at an office of the SBS on equal terms to the publishers of

any newspaper, magazine or journal published in Australia.

(6) The powers of the SBS may be exercised within or outside

Australia.

45 Advertising and sponsorship—broadcasting services

(1) Subject to subsection (2) and section 70C, the SBS may broadcast

advertisements and sponsorship announcements on any of its

broadcasting services.

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Part 4 Powers and duties of the SBS

Section 45

(2) The SBS may only broadcast advertisements or sponsorship

announcements:

(a) that run during periods before programs commence, after

programs end or during natural program breaks; and

(b) that run in total for not more than 5 minutes in any hour of

broadcasting.

(3) In computing the length of time devoted to the broadcasting of

advertisements and sponsorship announcements, account is not to

be taken to the broadcasting by the SBS of any of the following:

(a) material that publicises programs to be broadcast by the SBS;

(b) material that promotes the SBS’s products, services or

activities for the broadcast of which the SBS does not receive

any consideration in cash or in kind;

(c) community information or community promotional material

for the broadcast of which the SBS does not receive any

consideration in cash or in kind;

(d) advertisements or sponsorship announcements consisting of

moving text that is overlaid on the test pattern.

(4) The Board:

(a) must develop and publicise guidelines on the kinds of

advertisements and sponsorship announcements that it is

prepared to broadcast; and

(b) may develop guidelines on other matters relating to

advertisements and sponsorship announcements including:

(i) the placement of such advertisements and

announcements; and

(ii) the duration of such advertisements and announcements;

and

(iii) the kinds of advertising and sponsorship (if any) that

particular kinds of program may carry.

(5) The Board must, from time to time, revise any guidelines

developed by it and must ensure that the guidelines as so

developed, or as so developed and revised, are included in the

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Powers and duties of the SBS Part 4

Section 45A

corporate plan prepared by the Board under section 35 of the

Public Governance, Performance and Accountability Act 2013.

(6) Without limiting the generality of subsection (4), the reference to

kinds of advertisements and sponsorship announcements in that

subsection includes a reference to such kinds of advertisements and

sponsorship announcements identified by reference to products and

services.

45A Advertising and sponsorship—digital media services

(1) The SBS may have advertisements and sponsorship

announcements on any of its digital media services.

(2) The Board:

(a) must develop and publicise guidelines on the kinds of

advertisements and sponsorship announcements that it is

prepared to have on its digital media services; and

(b) may develop guidelines on other matters relating to

advertisements and sponsorship announcements on its digital

media services.

(3) The Board must, from time to time, revise any guidelines

developed by it and must ensure that the guidelines as so

developed, or as so developed and revised, are included in the

corporate plan prepared by the Board under section 35 of the

Public Governance, Performance and Accountability Act 2013.

(4) Without limiting the generality of subsection (2), the reference to

kinds of advertisements and sponsorship announcements in that

subsection includes a reference to such kinds of advertisements and

sponsorship announcements identified by reference to products and

services.

(5) For the purposes of this section, announcement includes an

announcement in the form of text.

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Part 4 Powers and duties of the SBS

Section 46

46 Community information

The Board must develop and publicise guidelines on the kinds of

community information or community promotional material that it

is prepared to broadcast.

48 Matters to be included in corporate plans

(1) The corporate plan prepared by the Board under section 35 of the

Public Governance, Performance and Accountability Act 2013

must:

(a) outline the overall strategies and policies that the SBS and its

subsidiaries are to follow:

(i) to achieve the objectives of the SBS; and

(ii) to fulfil the SBS’s principal and subsidiary functions;

and

(iii) to ensure that the Board performs its role under

paragraph 9(b) and fulfils its duties under section 10;

and

(b) include a forecast of the revenue and expenditure of the SBS

and its subsidiaries, including a forecast of capital

expenditure and borrowings; and

(c) set out any measures that the Board proposes to adopt (in

addition to receiving advice from the Community Advisory

Committee) to ensure that it is aware of, and responsive to,

community needs and opinions (including the needs and

opinions of small or newly arrived ethnic groups) on matters

relevant to the Charter; and

(d) include such other matters as are prescribed.

(2) The forecast of the revenue and expenditure of the SBS must

include an assessment of all the taxes and charges that would be

payable by the SBS under the laws of the Commonwealth and of

each State and Territory if the SBS were subject to taxation

liability under those laws.

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Powers and duties of the SBS Part 4

Section 50

(3) In this section, unless the contrary intention appears, subsidiary

means a prescribed company within the meaning of section 52 that

the SBS controls.

(4) For the purposes of the application of section 35 of the Public

Governance, Performance and Accountability Act 2013 in relation

to the SBS, subsidiary is taken to have the meaning given by

subsection (3) of this section, despite the definition of subsidiary in

section 8 of that Act.

(5) The Board may review and revise a corporate plan at any time.

50 Community Advisory Committee

(1) The Board must establish a committee to be known as the

Community Advisory Committee.

(2) The function of the Committee is to assist the Board to fulfil its

duty under paragraph 10(1)(g) by advising the Board on

community needs and opinions, including the needs and opinions

of small or newly arrived ethnic groups, on matters relevant to the

Charter.

(3) Each member of the Committee is to be appointed by the Board.

(4) The Board may only appoint a person to the Committee if the

Board is satisfied that the person:

(a) has an understanding of Australia’s multicultural society; and

(b) in particular, has interests relevant to, and an understanding

of, ethnic, Aboriginal or Torres Strait Islander communities.

(5) The Board is to determine the terms and conditions of appointment

of each member of the Committee.

52 Power to form companies etc.

(1) In this section:

authorised business means a business or other activity related to or

incidental to the performance of any of the functions of the SBS.

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Part 4 Powers and duties of the SBS

Section 52

prescribed company means a public company that carries on, or

proposes to carry on, an authorised business.

(2) The SBS may:

(a) form, or participate with other persons in the formation of, a

public company to carry on an authorised business; and

(b) acquire, hold and dispose of shares or stock in the capital of,

or debentures or other securities of, a prescribed company;

and

(c) enter into a partnership, or an arrangement for the sharing of

profits or expenses, with a person or body for the purpose of

carrying on an authorised business; and

(d) provide technical or other assistance and facilities (whether

within or outside Australia) for a prescribed company or for a

partnership, or for the purposes of an arrangement, referred to

in paragraph (c).

Note: Paragraph 19(1)(c) of the Public Governance, Performance and

Accountability Act 2013 requires the accountable authority of a

Commonwealth entity to notify the Minister of significant decisions in

relation to the entity or any of its subsidiaries.

(4) Where:

(a) the SBS has an interest in a prescribed company; and

(b) the prescribed company ceases to be a prescribed company;

the Minister may give to the SBS such written directions as the

Minister thinks appropriate with respect to the disposal of the

interest of the SBS in the company and the SBS must comply with

any such directions.

(5) This section does not authorise a prescribed company to carry on

an authorised business otherwise than in accordance with any

applicable law.

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Staff Part 5

Section 53

Part 5—Staff

53 Staff of the SBS until section 54 commences

(1) The employees of the SBS are to be persons appointed or

employed under the Public Service Act 1922.

(2) The Managing Director has all the powers of, or exercisable by, a

Secretary under the Public Service Act 1922 so far as those powers

relate to the branch of the Australian Public Service comprising the

employees of the SBS.

(3) This section is taken to have been repealed by another Act on the

day that is fixed by Proclamation for the commencement of

section 54.

54 Staff of the SBS

(1) The SBS 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 are to be determined by

the SBS.

55 The SBS is to achieve and maintain high standards as an

employer

The SBS must 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 related

matters.

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Section 56

Part 6—Finance

56 Money to be appropriated

(1) There is payable to the SBS such money as is from time to time

appropriated by the Parliament for the purposes of the SBS.

(2) The Finance Minister may give directions as to the amounts in

which, and the times at which, money referred to in subsection (1)

is to be paid to the SBS.

57 Money of the SBS

The money of the SBS consists of:

(a) money paid to the SBS under section 56; and

(b) money borrowed by the SBS under sections 59 or 60; and

(c) money received by the SBS in respect of the provision of

services and facilities; and

(d) the proceeds of the sale or other disposition of any property

of the SBS (including programs and rights or interests in

programs); and

(e) money received by the SBS in respect of sponsorships and

the sale and broadcasting of advertisements; and

(f) any other money derived by the SBS in the performance of

its functions; and

(g) any money received by the SBS by way of, or as a result of, a

gift, devise or bequest.

58 Application of money

(1) The money of the SBS is to be applied only:

(a) in payment or discharge of expenses, obligations and

liabilities of the SBS arising under this Act; and

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(b) in payment of remuneration, allowances and fees payable to

non-executive Directors, the Managing Director and persons

referred to in section 53 or 54; and

(c) in payment of any remuneration, allowances and fees payable

to the members of the Community Advisory Committee or

other consultative body established by the Board.

(2) Subsection (1) does not prevent investment, under section 59 of the

Public Governance, Performance and Accountability Act 2013, of

money that is not immediately required for the purposes of the

SBS.

59 Borrowing from the Commonwealth

The Finance Minister may, on behalf of the Commonwealth, out of

money appropriated by the Parliament for the purpose, lend money

to the SBS on such terms and conditions as he or she determines in

writing.

60 Borrowings otherwise than from the Commonwealth

(1) The SBS may, with the written approval of the Finance Minister,

borrow money from persons other than the Commonwealth on

terms and conditions specified in, or consistent with, the approval.

(2) Money may be borrowed wholly or partly in foreign currency.

61 Guarantee of borrowing

(1) The Finance Minister may, on behalf of the Commonwealth, enter

into a contract guaranteeing the performance by the SBS of

obligations incurred by it under section 60.

(2) If the Finance Minister determines in writing that obligations

incurred by the SBS under that section are guaranteed by the

Commonwealth, the obligations are so guaranteed by force of this

subsection.

(3) A contract under subsection (1) may include:

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(a) a provision agreeing that proceedings under the contract may

be taken in a court of a foreign country; or

(b) a provision waiving the immunity of the Commonwealth

from suit in a court of a foreign country.

62 The SBS may give security

The SBS may give security over the whole or part of its assets for:

(a) the performance by the SBS of any obligation incurred under

section 59 or 60; or

(b) the payment to the Commonwealth of amounts equal to

amounts paid or payable by the Commonwealth under a

guarantee under section 61.

63 Borrowings not otherwise permitted

The SBS must not borrow money except under this Part.

64 Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of

the Finance Minister’s powers or functions under section 60 or 61

to an official (Public Governance, Performance and Accountability

Act 2013) of a non-corporate Commonwealth entity (within the

meaning of that Act).

(2) In exercising powers or functions under a delegation, the official

must comply with any directions of the Finance Minister.

65 Hedging contracts etc.

(1) Subject to subsection (3), the SBS 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 SBS in relation to:

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(a) any contract (including a contract that may be entered into

under this section), or any proposed contract, involving the

payment or receipt of money by the SBS; or

(b) a borrowing or a proposed borrowing of money by the SBS;

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 proposed borrowing 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 SBS of

its power under subsection (1); and

(b) revoke or vary guidelines set for that purpose or set new

guidelines for that purpose;

and must give to the SBS a copy of each determination made under

this subsection.

(3) The SBS may only enter into a contract, dealing or other

arrangement under subsection (1) in accordance with the guidelines

(if any) having effect from time to time under subsection (2).

(4) A contract, dealing or other arrangement under subsection (1) does

not require the approval of the Minister under subsection 67(1).

(5) In this section:

proposed borrowing means a proposed borrowing of money that is

in accordance with an approval under section 60.

68 Taxation

The SBS is not subject to taxation under any law of the

Commonwealth, of a State or of a Territory.

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Section 70

Part 7—Miscellaneous

70 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 SBS.

70AA Report by ACMA on degradation of signal quality

If:

(a) a person has made a complaint to the SBS 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.

70A Broadcasting of political or controversial matter

(1) Subject to this Act, the SBS may determine to what extent and in

what manner political matter or controversial matter will be

broadcast by the SBS.

Announcing required particulars

(2) If the SBS broadcasts political matter at the request of another

person, the SBS must, in accordance with any requirements

determined under subsection 321D(7) of the Commonwealth

Electoral Act 1918 for the purposes of this subsection:

(a) if the matter was broadcast by radio—ensure that the required

particulars in relation to the matter are announced; or

(b) if the matter was televised:

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(i) ensure that the required particulars in relation to the

matter are announced; and

(ii) ensure that all the required particulars in relation to the

matter are transmitted in the form of images of words.

Note: The SBS is taken to have ensured that required particulars are

announced in certain circumstances (see subsection (7)).

Keeping records

(3) The SBS 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.

Meaning of authorises

(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.

Definitions

(5) In this section:

disclosure entity has the meaning given by:

(a) section 321B of the Commonwealth Electoral Act 1918; or

(b) paragraph (e) of the definition of disclosure entity in

section 110A of the Referendum (Machinery Provisions) Act

1984.

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

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Assembly for 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.

relevant town or city of an entity that authorised the broadcast of

political matter means:

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(a) if the entity has a principal office—the town or city in which

the office is located; or

(b) if the entity does not have a principal office, but does have

premises—the town or city in which the premises are

located; or

(c) otherwise—the town or city in which the natural person who

was responsible for giving effect to the authorisation lives.

required particulars has the meaning given by subsection (6).

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.

Meaning of required particulars

(6) The required particulars are:

(a) the particulars set out in the following table; and

(b) any other particulars determined under subsection 321D(7) of

the Commonwealth Electoral Act 1918 for the purposes of

this paragraph.

Required particulars

Item If … the required particulars are the

following …

1 the broadcast is authorised by a

disclosure entity that is not a natural

person

(a) the name of the entity (as

included in the most recent

return given in relation to the

entity under Part XX of the

Commonwealth Electoral Act

1918, if a return has been given

in relation to the entity under that

Part);

(b) the relevant town or city of the

entity;

(c) the name of the natural person

responsible for giving effect to

the authorisation

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Required particulars

Item If … the required particulars are the

following …

2 the broadcast is authorised by a (a) the name of the person;

disclosure entity who is a natural (b) the town or city in which the person person lives

3 the broadcast is authorised by an (a) the name of the entity;

entity that is not a disclosure entity (b) the relevant town or city of the or a natural person entity

4 the broadcast is authorised by a (a) the name of the person;

natural person who is not a (b) the town or city in which the disclosure entity person lives

Particulars taken to be announced

(7) The SBS is taken to have ensured that required particulars are

announced in relation to a political matter that it broadcasts if:

(a) particulars were announced in relation to the matter for the

purposes of this Act; and

(b) those particulars purported to be particulars referred to in

item 3 or 4 of the table in subsection (6); and

(c) as a result of steps taken by the SBS, it was reasonable for

the SBS to rely on the particulars that were provided for the

purposes of this Act.

Note: An example of steps that may be taken by the SBS include:

(a) notifying a person wanting to broadcast political matter that the name of the person required to be announced as having authorised the broadcast depends on whether the person is a disclosure entity; and

(b) seeking a verification from that person that the person is or is not a disclosure entity.

70B Records of matter broadcast

(1) If the SBS broadcasts matter relating to a political subject or

current affairs, being matter that is in the form of news, an address,

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a statement, a commentary or a discussion, the SBS 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 SBS 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 SBS a notice in writing informing the SBS that the

record may be required for the purposes of the proceedings.

(4) If such a notice is given to the SBS in respect of a record, the SBS

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 SBS, subsection (4) ceases to apply

to the record at the end of that period.

(6) The obligation imposed by this section on the SBS 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.

70C Broadcasting of election advertisements

(1) If:

(a) an election to a Parliament is to be held; and

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(b) a radio or television service provided by the SBS would

normally be received in the area of Australia to which the

election relates;

the SBS must not broadcast an election advertisement in relation to

the election during the relevant period as part of that service.

(2) In this section:

election means an election to a Parliament.

election advertisement, in relation to an election, means:

(a) an advertisement:

(i) that contains election matter that relates to that election;

and

(ii) in respect of the broadcasting of which the SBS has

received or is to receive, directly or indirectly, any

money or other consideration; or

(b) an announcement containing a statement to the effect that a

program that is to be or has been broadcast is or was

sponsored by a person or persons and indicating that the

person is a candidate, or one or more of the persons is or are

candidates, at the election; or

(c) an announcement containing a statement to the effect that a

program that is to be or has been broadcast is or was

sponsored by a particular political party where a candidate at

the election belongs to that party.

election matter, in relation to an election, means matter of any of

the following kinds:

(a) matter commenting on, or soliciting votes for, a candidate at

the election;

(b) matter commenting on, or advocating support of, a political

party to which a candidate at the election belongs;

(c) matter commenting on, stating or indicating any of the

matters being submitted to the electors at the election or any

part of the policy of a candidate at the election or of the

political party to which a candidate at the election belongs;

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(d) matter referring to a meeting held or to be held in connection

with the election.

Parliament means:

(a) the Parliament of the Commonwealth; or

(b) a State Parliament; or

(c) a legislature of a Territory.

relevant period, in relation to an election, means the period that

commences at the end of the Wednesday before the polling day for

the election and ends at the close of the poll on that polling day.

73 Matters to be included in annual report

The annual report prepared by the Board and given to the Minister

under section 46 of the Public Governance, Performance and

Accountability Act 2013 for a period must include:

(a) particulars of any broadcast by the SBS during the period

because of a direction by the Minister under

subsection 12(1); and

(aa) particulars of any content provided by the SBS on a digital

media service during the period because of a direction by the

Minister under subsection 12(4A); and

(b) particulars of any broadcast by the SBS during the period

because of a direction by the Minister otherwise than under

this Act; and

(ba) particulars of any content provided by the SBS on a digital

media service during the period because of a direction by the

Minister otherwise than under this Act; and

(c) particulars of any written statement of Commonwealth

Government policy given to the Board by the Minister during

the period and the action (if any) taken by the Board in

respect of the statement; and

(d) particulars of any gift, devise or bequest accepted by the SBS

during the period; and

(e) particulars of how the programming activities during the

period have related to the SBS’s Charter obligations; and

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(f) particulars of the total revenue earned during the period from

advertising and sponsorship, of the identity of each advertiser

or sponsor and of the programs (if any) with which each

advertiser or sponsor is associated; and

(g) particulars of any direction by the Minister during the period

under section 11 or 12; and

(h) particulars of any advice received by the Board during the

period from the Community Advisory Committee and the

action taken by the Board in response to that advice; and

(i) particulars of any other measures taken by the Board during

the period to ensure that the Board is aware of, and

responsive to, community needs and opinions on matters

relevant to the SBS’s Charter; and

(j) an assessment of the extent to which the operations of the

SBS and its subsidiaries during the period have achieved the

objectives of the SBS and its subsidiaries under the corporate

plan and fulfilled the functions of the SBS; and

(k) particulars of any activities carried out during the period by

the SBS under subsection 52(2); and

(l) particulars of the activities during the period of any

authorised business with which the SBS is associated under

section 52; and

(m) particulars of any significant changes during the period in the

transmission coverage, or transmission quality, of national

broadcasting services provided by the SBS.

74 Delegation by the SBS

The SBS may, by signed instrument, delegate to a Director or to an

employee of the SBS all or any of its powers under this Act or the

regulations.

75 Delegation by Managing Director

The Managing Director may, by signed instrument, delegate to an

employee of the SBS all or any of his or her powers under this Act

or the regulations.

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76 Regulations

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.

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Part 8 Transitional

Section 77

Part 8—Transitional

77 Interpretation

In this Part:

assets means property of any kind including:

(a) choses in action; and

(b) rights, interests or claims in or to property, whether

liquidated or unliquidated, certain or contingent or accrued or

accruing.

liabilities means liabilities or obligations of any kind, whether

liquidated or unliquidated, certain or contingent or accrued or

accruing.

old body corporate means the Special Broadcasting Service

established by Part IIIA of the Broadcasting Act 1942.

restructured body corporate means the body corporate preserved

and continued in existence under section 5 as the Special

Broadcasting Service Corporation.

restructuring day means the day section 5 commences.

80 Persons employed or engaged by the old body corporate

(1) A person who, immediately before the restructuring day, was an

officer or employee of the old body corporate is, on that day, taken

to have become an employee of the restructured body corporate

under section 53 of this Act as if the person had been employed

under that section on the terms and conditions that were applicable

to the person immediately before that day.

(2) A person who, immediately before the restructuring day, had been

engaged to perform services for the old body corporate otherwise

than as a member of the staff is, on that day, taken to have been

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engaged under paragraph 44(1)(p) of this Act by the restructured

body corporate to perform those services for the restructured body

corporate on the terms and conditions that were applicable to the

person immediately before that day.

81 Persons engaged under section 53

(1) A person who, immediately before the day on which section 53 is

taken to have been repealed, was engaged, or was taken to have

been engaged, by the restructured body corporate under that

section is, on that day, taken to have become an employee of the

restructured body corporate engaged under section 54 of this Act.

(2) Where the restructured body corporate determines, on or before the

day on which section 53 is taken to have been repealed, certain

terms and conditions to be the terms and conditions of employment

applicable to a person to whom subsection (1) applies, those terms

and conditions are to take effect on that day and are to be taken to

have been determined under subsection 54(2).

(3) Before the SBS makes a determination mentioned in

subsection (2), it must consult with the representatives of industrial

organisations representing the interests of the employees who will

be affected by the determination.

83 References to old body corporate in instruments etc.

A reference to the old body corporate in any law of the

Commonwealth, a State or Territory, or in any contract, award or

other instrument to which the old body corporate was a party, is,

except in relation to matters that occurred before the restructuring

day, to be taken to be a reference to the restructured body

corporate.

84 Property, powers, liabilities etc.

(1) The assets, powers, rights, liabilities and obligations of the old

body corporate are to be treated, on and after the restructuring day,

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as assets, powers, rights, liabilities and obligations of the

restructured body corporate.

(2) Subsection (1) extends, so far as the powers of the Parliament

permit, to:

(a) assets situated outside Australia and powers conferred by, or

rights existing under, the law of a foreign country; and

(b) liabilities or obligations arising under the law of a foreign

country.

85 Saving of proceedings

The alteration, under this Act, of the name and constitution of the

old body corporate does not render defective any legal or other

proceedings instituted by or against the old body corporate, and

any legal or other proceedings that might have been commenced by

or against the old body corporate may be commenced by or against

the restructured body corporate.

86 Judicial notice

All courts, judges and persons acting judicially must take judicial

notice of the imprint of the seal of the old body corporate

appearing on a document that was executed before the

restructuring day and must presume that the document was duly

sealed.

87 Application of money

Despite section 58 of this Act, the money of the restructured body

corporate may be applied:

(a) in payment or discharge of any expenses, charges,

obligations or liabilities that were incurred or undertaken

before the restructuring day by the old body corporate in

connection with the performance of its functions or the

exercise of its powers and were not paid or discharged before

that day; and

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(b) in payment of any remuneration or allowances the liability

for which arose under Part IIIA of the Broadcasting Act 1942

but which had not been paid before the restructuring day.

89 Bank accounts to be treated as if opened under this Act

Any bank account maintained by the old body corporate

immediately before the restructuring day under section 79ZC of the

Broadcasting Act 1942 is to be treated, on and after that day, as if it

had been opened by the restructured body corporate under

section 63J of the Audit Act 1901 as that section applies to the

restructured body corporate because of repealed section 69 of this

Act.

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Endnotes

Endnote 1—About the endnotes

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

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Endnotes

Endnote 1—About the endnotes

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)C[x] = Compilation No. x

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

commenced or to be commencedNo. = Number(s)

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Endnotes

Endnote 3—Legislation history

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and

transitional

provisions

Special Broadcasting 180, 1991 25 Nov s 54: 24 Mar 1994 (s

Service Act 1991 1991 2(2) and gaz 1994,

No GN10)

Remainder: 23 Dec 1991

(s 2(1))

Broadcasting Services 105, 1992 9 July 1992 5 Oct 1992 (see s. 2 and —

(Transitional Provisions Gazette 1992, No.

and Consequential GN38)

Amendments) Act 1992

Sales Tax Amendment 118, 1992 30 Sept 28 Oct 1992 —

(Transitional) Act 1992 1992

Radiocommunications

(Transitional Provisions

and Consequential

Amendments) Act 1992

167, 1992 11 Dec

1992

1 July 1993 —

Transport and

Communications

Legislation Amendment

Act (No. 3) 1992

216, 1992 24 Dec

1992

s 34 and 35: 24 Dec

1992 (s 2(1))

—

Communications and the

Arts Legislation

Amendment Act (No. 1)

1995

32, 1995 12 Apr

1995

Sch (item 122): 12 A

1995 (s 2(1))

pr —

Telecommunications

(Transitional Provisions

and Consequential

Amendments) Act 1997

59, 1997 3 May 1997 Sch 1 (items 49, 50):

1 July 1997 (s 2(2)(

—

d))

Audit (Transitional and

Miscellaneous)

Amendment Act 1997

152, 1997 24 Oct

1997

Sch 2 (items 1207–

1218): 1 Jan 1998 (s

2(2))

—

Special Broadcasting Service Act 1991

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Endnotes

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and

transitional

provisions

National Transmission 131, 1998 21 Dec 21 Dec 1998 s 4

Network Sale 1998

(Consequential

Amendments) Act 1998

Public Employment

(Consequential and

Transitional)

Amendment Act 1999

146, 1999 11 Nov

1999

Sch 1 (items 826, 82

Dec 1999 (s 2(1), (2)

7): 5 —

)

Corporate Law

Economic Reform

Program Act 1999

156, 1999 24 Nov

1999

Sch 10 (items 119–1

13 Mar 2000 (s 2(2)(

and gaz 2000, No S1

21): —

c)

14)

Broadcasting Legislation 23, 2001 6 Apr 2001 6 Apr 2001 —

Amendment Act 2001

Statute Law Revision 63, 2002 3 July 2002 Sch 1 (item 29): 23 Dec —

Act 2002 1991 (s 2(1) item 23)

Financial Framework 8, 2005 22 Feb Sch 2 (items 162–168, Sch 2 (item 174)

Legislation Amendment 2005 174): Royal Assent

Act 2005

Australian 45, 2005 1 Apr 2005 Sch 1 (items 124–126) Sch 4

Communications and and Sch 4: 1 July 2005 (s

Media Authority 2(1) items 2, 10)

(Consequential and Sch 2: 1 July 2005 (s

Transitional Provisions) 2(1) item 3)

Act 2005

Tax Laws Amendment 101, 2006 14 Sept Sch 5 (item 138) and Sch 6 (items 5–

(Repeal of Inoperative 2006 Sch 6 (items 5–11): 11)

Provisions) Act 2006 Royal Assent

Commonwealth

Authorities and

20, 2008 26 May

2008

Sch 2 (item 8): 1 July

2008

—

Companies Amendment

Act 2008

Special Broadcasting Service Act 1991

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Endnotes

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and

transitional

provisions

Acts Interpretation 46, 2011 27 June Sch 2 (items 1060–1066) Sch 3 (items 10,

Amendment Act 2011 2011 and Sch 3 (items 10, 11): 11)

27 Dec 2011

National Broadcasting

Legislation Amendment

Act 2012

112, 2012 24 July

2012

Sch 1 (items 18–30):

24 Nov 2012

(F2012L02226)

Sch 1 (item 30)

Statute Law Revision

Act 2012

136, 2012 22 Sept

2012

Sch 1 (item 119) and

Sch 6 (items 70–72):

Royal Assent

Sch 6 (item 72)

Broadcasting Legislation

Amendment

(Convergence Review

and Other Measures) Act

2013

29, 2013 30 Mar

2013

Sch 1 (items 15–17, 36–

49): 31 Mar 2013

Sch 1 (item 17)

Statute Law Revision 31, 2014 27 May Sch 4 (item 91): 24 June —

Act (No. 1) 2014 2014 2014

Public Governance,

Performance and

Accountability

(Consequential and

Transitional Provisions)

Act 2014

62, 2014 30 June

2014

Sch 12 (items 137–157)

and Sch 14: 1 July 2014

(s 2(1) items 6, 14)

Sch 14

as amended by

Public Governance

and Resources

Legislation

Amendment Act

(No. 1) 2015

36, 2015 13 Apr

2015

Sch 2 (items 7–9) and

Sch 7: 14 Apr 2015 (s 2)

Sch 7

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Endnotes

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and

transitional

provisions

as amended by

Acts and 126, 2015 10 Sept Sch 1 (item 486): 5 Mar —

Instruments 2015 2016 (s 2(1) item 2)

(Framework

Reform)

(Consequential

Provisions) Act

2015

Acts and Instruments 126, 2015 10 Sept Sch 1 (item 495): 5 Mar —

(Framework Reform) 2015 2016 (s 2(1) item 2)

(Consequential

Provisions) Act 2015

Omnibus Repeal Day 109, 2014 16 Oct Sch 2 (items 144, 145, Sch 2 (item 161)

(Autumn 2014) Act 2014 2014 161, 237–242): 17 Oct

2014 (s 2(1) item 2)

Electoral and Other 99, 2017 14 Sept Sch 1 (items 63–68): —

Legislation Amendment 2017 14 Mar 2018 (s 2(1)

Act 2017 item 2)

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Endnotes

Endnote 4—Amendment history

Endnote 4—Amendment history

Provision affected How affected

Part 1

s. 3 .................................................am No. 167, 1992; No. 131, 1998; No. 23, 2001; Nos. 8 and 45, 2005;

No. 112, 2012; No. 29, 2013; No 62, 2014

s. 3A...............................................ad No. 29, 2013

Part 2

s 5 ..................................................am No. 152, 1997; No 62, 2014

s. 6 .................................................am No. 105, 1992; No. 29, 2013

s. 6A...............................................ad No. 23, 2001

s. 8 .................................................am No. 112, 2012

s. 10 ...............................................am No. 105, 1992; No. 23, 2001; No. 45, 2005

s. 11 ...............................................am No. 29, 2013

s. 12 ...............................................am No. 29, 2013; No 31, 2014

s. 13 ...............................................am No. 152, 1997; No. 20, 2008; No 62, 2014

Part 3

Division 1

s. 17 ...............................................am No. 112, 2012; No. 29, 2013

s. 18 ...............................................am No. 112, 2012

s. 21 ...............................................am No. 112, 2012

s. 24 ...............................................am No. 46, 2011

s. 27 ...............................................am No. 152, 1997; No. 156, 1999; No 62, 2014

Division 2

s. 33 ...............................................am No. 46, 2011

s. 34 ...............................................am No. 146, 1999

s 36 ................................................am No 62, 2014

s. 37 ...............................................am No. 152, 1997; No. 156, 1999; No 62, 2014

Division 3

s. 40 ...............................................am No. 152, 1997; No. 156, 1999; No 62, 2014

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Endnotes

Endnote 4—Amendment history

Provision affected How affected

Part 3A

Part 3A...........................................ad No. 112, 2012

s. 43 ...............................................rep. No. 152, 1997

ad. No. 112, 2012

am No 109, 2014

s. 43A.............................................ad No. 112, 2012

s. 43B.............................................ad No. 112, 2012

s. 43C.............................................ad No. 112, 2012

am No 62, 2014

Part 4

s. 44 ...............................................am No. 131, 1998

s. 45 ...............................................am Nos. 105 and 216, 1992; No. 29, 2013; No 62, 2014

s. 45A.............................................ad No. 29, 2013

am No 62, 2014

s 47 ................................................rep No 62, 2014

s 48 ................................................am No 62, 2014

s 49 ................................................rep No 62, 2014

s 51 ................................................rep No 62, 2014

s. 52 ...............................................am No. 152, 1997; No 62, 2014

Part 5

s 53 ................................................exp 24 Mar 1994 (s 53(3))

am No 63, 2002

Part 6

s. 56 ...............................................am No. 8, 2005

s. 58 ...............................................am No. 152, 1997; No 62, 2014

s 59 ................................................am No. 8, 2005

s 60 ................................................am No. 8, 2005

s 61 ................................................am No. 8, 2005

s. 64 ...............................................rs No. 8, 2005

am No 62, 2014

s. 66 ...............................................rep. No. 152, 1997

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Endnotes

Endnote 4—Amendment history

Provision affected How affected

s. 67 ...............................................rep. No. 32, 1995

s. 68 ...............................................am No. 118, 1992; No. 101, 2006

s. 69 ...............................................rep. No. 152, 1997

Part 7

s 70 ................................................am No 105, 1992

s 70AA...........................................ad No 131, 1998

am No 45, 2005

s 70A..............................................ad No 105, 1992

am No 45, 2005; No 136, 2012; No 99, 2017

s 70B..............................................ad No 105, 1992

s 70C..............................................ad No 216, 1992

s 71 ................................................rep No 131, 1998

s 72 ................................................am No 59, 1997

rep No 131, 1998

s 73 ................................................am No 152, 1997; No 131, 1998; No 29, 2013; No 62, 2014

Part 8

s 78 ................................................rep No 109, 2014

s 79 ................................................rep No 109, 2014

s. 81 ...............................................am No. 146, 1999

s 82 ................................................rep No 109, 2014

s 85 ................................................am No 109, 2014

s 88 ................................................rep No 109, 2014

s 89 ................................................am No 109, 2014

s 90 ................................................rep No 109, 2014

s 91 ................................................rep No 109, 2014

s 92 ................................................rep No 109, 2014

Part 9..............................................rep. No. 136, 2012

s. 93 ...............................................rep. No. 136, 2012

s. 94 ...............................................rep. No. 136, 2012

s. 95 ...............................................rep. No. 136, 2012

s. 96 ...............................................rep. No. 136, 2012

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Endnotes

Endnote 4—Amendment history

Provision affected How affected

s. 97 ...............................................rep. No. 136, 2012

s. 98 ...............................................rep. No. 136, 2012

s. 99 ...............................................rep. No. 136, 2012

s. 100 .............................................rep. No. 136, 2012

s. 101 .............................................rep. No. 136, 2012

s. 102 .............................................rep. No. 136, 2012

s. 103 .............................................rep. No. 136, 2012

s. 104 .............................................rep. No. 136, 2012

s. 105 .............................................rep. No. 136, 2012

s. 106 .............................................rep. No. 136, 2012

s. 107 .............................................rep. No. 136, 2012

s. 108 .............................................rep. No. 136, 2012

s. 109 .............................................rep. No. 136, 2012

s. 110 .............................................rep. No. 136, 2012

s. 111 .............................................rep. No. 136, 2012

s. 112 .............................................rep. No. 136, 2012

s. 113 .............................................rep. No. 136, 2012

s. 114 .............................................rep. No. 136, 2012

s. 115 .............................................rep. No. 136, 2012

Part 10............................................rep. No. 136, 2012

s. 116 .............................................rep. No. 136, 2012

Schedule ................................ rep. No. 136, 2012

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