means any political matter, including the policy launch of a political party. (c)  to encourage and promote the musical, dramatic and other performing arts in Australia. (5C)  The Prime Minister may recommend to the Governor‑General that a particular person be re‑appointed as Chairperson without Part IIIA being complied with. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Part II—Establishment, functions and management of the Corporation. (2)  The Managing Director shall, in managing any of the affairs of the Corporation and in exercising any powers conferred on him or her by this Act, act in accordance with any policies determined, and any directions given to him or her, by the Board. A member of the Nomination Panel holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Secretary of the Prime Minister’s Department. (1)  Each 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 Corporation and its subsidiaries are to follow to ensure that the Board fulfils its duties under section 8; and, (b)  include a forecast of the revenue and expenditure of the Corporation and its subsidiaries, including a forecast of capital expenditure and borrowings; and. (a)  the broadcasting of any matter by the Corporation’s international television service and its associated audio channels outside Australia; or. (b)  shall convene a meeting of the Board on receipt of a written request signed by: (i)  if there are not more than 6 non‑executive Directors holding office under section 12—not less than 4 Directors; or. required particulars has the meaning given by subsection (6). 29, 2013; No 62, 2014. s. 5...................................... s. 6...................................... am. 49, 2006; No. (4)  For the purposes of the application of section 35 of the Public Governance, Performance and Accountability Act 2013 in relation to the Corporation, 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. 87, 1988; No. (3)  References in subsections (1) and (2) to the Chairperson shall, if a Director is acting as Chairperson, be construed as references to the Director so acting. 3, 1994; No 10, 2015. s. 29.................................... s. 30.................................... s. 31.................................... am. 152, 1997; No. (2)  The Secretary of the Prime Minister’s Department may terminate the appointment of a member of the Nomination Panel if: (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or, (iii)  compounds with his or her creditors; or, (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or, (b)  the member is absent, except on leave of absence, from 3 consecutive meetings of the Nomination Panel; or. 16  Resignation of non‑executive Directors. 146, 1988; No. 216, 1992; No. (1)  A member of the Nomination Panel is to be paid the remuneration that is determined by the Remuneration Tribunal. routine operational transaction means a transaction that is carried out in the ordinary course of the day‑to‑day operations of the Corporation. No. means the day fixed under subsection 2(2). (a)  determine the terms and conditions of appointment, excluding remuneration and allowances, of a person acting as Managing Director; and. of sound recordings etc. (1)  There are payable to the Corporation such moneys as are appropriated by the Parliament for the purposes of the Corporation. Since January 2000, internet content considered offensive or illegal has been subject to a statutory scheme administered by the ACMA. means an advisory committee established under subsection 11(8). (a)  a reference to the Chairperson (other than a reference in subsection (3), (4) or (5)) shall, if a Director is acting as Chairperson, be construed as a reference to the Director so acting; and. (b)  take part in any decision of the Advisory Council or of the committee with respect to that matter. 59, 1997. s. 78.................................... am. (2)  A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, the regulations or the rules, be deemed to have been exercised by the Corporation. national broadcasting service has the same meaning as in the Broadcasting Services Act 1992. non‑executive Director means a Director other than the Managing Director. (ii)  if there are more than 6 non‑executive Directors holding office under that section—5 Directors; (b)  all questions shall be decided by a majority of the votes of the Directors present; and. 2, 1986; No. The Broadcasting Services Act 1992 was a complete rewrite of the Broadcasting Act 1942 (repealed by the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992). (a)  the Australian Broadcasting Corporation Advisory Council established under subsection 11(1); or. 24L  Disclosure of interests to the Nomination Panel. Effect of candidate ceasing to be eligible after nomination. 3, 1994; No. No. of an entity that authorised the broadcast of political matter means: , 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. national broadcasting services has the meaning given by section 13 of the Broadcasting Services Act 1992. 45, 2005; No. (d)  provides for the Commonwealth to make payments to the person or body. abc.net.au - The US has asked Australia to scrap proposed laws that would make it the first country in the world to force Facebook and Google to pay for news ... flipped into Australian Broadcasting Corporation. For the purposes of the performance of its functions, the Corporation may: (a)  establish, maintain and utilize, in such manner as the Board thinks desirable, orchestras, bands and other groups of musicians for the performance of music of high quality; and. (6)  A person who has been elected as the staff‑elected Director at 2 elections is not eligible for election at any other election of the staff‑elected Director. (h)  to do anything incidental to any of its powers. program means a radio program or a television program. (1)  A member of the Nomination Panel is to be appointed by the Secretary of the Prime Minister’s Department by written instrument. (a)  the manner in which an Advisory Council or advisory committee is to perform its functions; and. How do you make a polymer bounce? (4)  A person who is eligible to be a candidate for election as the staff‑elected Director is eligible to vote at the election. The period must not exceed 3 years. Amendments) Act 1983 No. (d)  to ensure that the Corporation does not contravene, or fail to comply with: (i)  any of the provisions of this Act or any other Act that are applicable to the Corporation; or, (ii)  any directions given to, or requirements made in relation to, the Corporation under any of those provisions; and. 63, 1989; No. (4)  In this section, mark includes a symbol, design, colour, device, brand, heading, label, sign, ticket, name, signature, word, letter, numeral, drawing or picture, or any combination of the foregoing. (l)  particulars of any significant changes during the period in the transmission coverage, or transmission quality, of national broadcasting services provided by the Corporation. Application, saving and transitional provisions for provisions and amendments. Editorial changes take effect from the compilation registration date. (5AA)  However, so far as subsection (5A) relates to a person who: (a)  is a former member of a Parliament or a Legislative Assembly referred to in that subsection; or. (4)  The amounts referred to in paragraphs (1)(b) and (2)(b) may be amounts of interest. 2, 1986; No. Note:          A corporate plan must be given to the responsible Minister and the Finance Minister under subsection 35(1) of the Public Governance, Performance and Accountability Act 2013. (6)  This section does not authorize a prescribed company to carry on an authorised business otherwise than in accordance with the relevant law. The Nomination Panel is not subject to direction by or on behalf of the Government of the Commonwealth. (1)  The Nomination Panel has the following functions: (a)  to conduct a selection process for each appointment of a Director referred to in paragraph 12(1)(b) or (c); (b)  to assess all applicants for the appointment against the selection criteria determined under subsection 24W(1) and any additional selection criteria notified under subsection 24W(2); (c)  to assess all applicants for the appointment on the basis of merit; (i)  if the appointment is of the Chairperson—to the Prime Minister and the Minister; or. (c)  a non‑executive Director (other than the Chairperson or a Director acting as Chairperson) is absent, except with the leave of the Chairperson or, if a Director is acting as Chairperson, with the leave of the Director so acting, from 3 consecutive meetings of the Board; the Governor‑General shall remove the Director concerned from office. Anti-siphoning laws in Australia regulate the media companies' access to significant sporting events. (2)  In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister. The ABC Charter is contained in s6 of the ABC Act. (b)  the non‑executive Directors shall be paid by the Corporation such allowances as are prescribed by the regulations. Short title. (b)  in any other case—the Directors present shall elect one of their number other than the Managing Director to preside at the meeting. 29A  Broadcasting facilities may be made available. 131, 1998; No. (3)  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Corporation appearing on a document and shall presume that the document was duly sealed. (2)  If the Chair is not present at a meeting, the members present must appoint one of themselves to preside. means the body corporate preserved and continued in existence as the Special Broadcasting Service Corporation under section 5 of the, (3)  The Minister may, by legislative instrument, specify a class of persons for the purposes of the definition of, Establishment, functions and management of the Corporation, (1)  The body corporate that was, immediately before the commencing day, in existence by virtue of section 30 of the, Establishment of Australian Broadcasting Corporation Board, The Board of Directors and the Managing Director, Note:          As a member of the Board, the staff‑elected Director is a member of the accountable authority of the Corporation for the purposes of the, Removal from office of non‑executive Directors, Note:          The appointment of a non‑executive director (other than the staff‑elected Director) may also be terminated under section 30 of the, Note:          For rules that apply to persons acting as the Chairperson, see sections 33AB and 33A of the, Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the, Merit‑based appointment of non‑executive Directors, Establishment and functions of Nomination Panel, (f)  other functions that are conferred on it by, or under, the, (c)  an appointment of the Chairperson under the, (d)  an appointment of a non‑executive Director referred to in paragraph 8(b) of the, (b)  as a result of the selection process, a Director referred to in paragraph 12(1)(c) is appointed as the Chairperson (allowing another appointment (the, Nomination Panel not subject to direction, Nomination Panel has privileges and immunities of the Crown, Constitution and membership of Nomination Panel, Note:          A member of the Nomination Panel may be reappointed: see the, (3)  This section has effect subject to the, Disclosure of interests to the Secretary of the Prime Minister’s Department, Disclosure of interests to the Nomination Panel, Consultation, and selection of candidate not nominated by Nomination Panel, (c)  providing, or entering into an agreement or arrangement with another person for providing, subscription television broadcasting services within the meaning of the. 6 of 1983 as amended, taking into account amendments up to Electoral and Other Legislation Amendment Act 2017, Administered by: Communications and the Arts, that shows the text of the law as amended and in force on, The notes at the end of this compilation (the. Delete 12.6-12.15 and replace with the following: Meaning is objectively determined 12.6 As a matter of policy, the law has always required the interpretation of a contract to be determined on an objective basis. (i)  if there are not more than 6 non‑executive Directors holding office under section 12—4 Directors; or. This was an appeal by the tobacco companies from an earlier decision upholding the decision of the Australian Broadcasting Tribunal that commercial television licensees had breached s100(5A) of the Broadcasting and Television Act 1942 (Cth) (see: Re Benson and … 31B  Matters to be included in corporate plans. One selection process for 2 or more appointments. Legislation. 3, 1994. s. 74.................................... s. 75.................................... s. 76.................................... s. 77.................................... am. (1)  The Board shall establish an Advisory Council under the name Australian Broadcasting Corporation Advisory Council. means a business or other activity related to or incidental to the performance of any of the functions of the Corporation. (ii)  if the appointment is not of the Chairperson—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; (e)  other functions that are conferred on it by, or under, this Act; (f)  other functions that are conferred on it by, or under, the Special Broadcasting Service Act 1991. These complaints … 3. Selection process creates another appointment, (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 Director referred to in paragraph 12(1)(c)); and. (1)  The Corporation shall develop and maintain an independent service for the broadcasting of news and information by the Corporation pursuant to this section. means a prescribed company within the meaning of section 25A of this Act that the Corporation controls. (3)  The functions of the Corporation under subsection (1) and the duties imposed on the Corporation under subsection (2) constitute the Charter of the Corporation. (2)  Subject to subsection (5), the Corporation must broadcast daily from each broadcasting service regular sessions of news and information relating to current events within and outside Australia. 3, 1994; No. (b)  a borrowing or raising of money by the Corporation or a proposed borrowing or raising of money by the Corporation (including a borrowing or raising of money by the Corporation by dealing with securities); being risks that may arise from variations in the rate of currency exchange or rate of interest applicable to the contract or proposed contract, or to the borrowing or raising of money or proposed borrowing or raising of money, as the case may be, referred to in paragraph (a) or (b). This is a compilation of the Australian Broadcasting Corporation Act 1983 that shows the text of the law as amended and in force on 14 March 2018 (the compilation date). 136, 2012; No 99, 2017. s. 80.................................... am. 112, 2012; No. (5)  If the proceedings are not instituted within a period of 3 months after the notice is given to the Corporation, subsection (4) ceases to apply to the record at the end of that period. (b)  to accept any gift, devise or bequest to the Corporation, whether offered or made unconditionally or subject to conditions; where it is likely that the independence or integrity of the Corporation would be affected. Thursday marks 20 years since Australia experienced its worst massacre. allowance does not include an allowance in the nature of remuneration. (1)  If the Corporation broadcasts matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the Corporation must cause a record of the matter to be made: (a)  in the case of a radio broadcast—by using a device for recording sound; or. 103, 2013. s. 20.................................... am. 91, 1983; No. The Broadcasting Services Act 1992 requires all commercial free-to-air television licensees to broadcast an annual minimum transmission quota of 55% Australian programming between 6:00am and midnight (12:00am) on their primary channel. The Australian Communications and Media Authority (ACMA) was established in 2005 and constitutes a merger of two regulatory bodies, the Australian Broadcast Authority and the Australian Communications Authority. and making etc. includes a political party, a corporation and any other association (whether incorporated or unincorporated). (b)  an Advisory Council established under subsection 11(2) in relation to a State, Territory or region. (3)  Nothing in subsection (1) or (2) is to be taken to impose on the Board a duty that is enforceable by proceedings in a court. Publication of journals etc. The Australian Broadcasting Authority (ABA) is the principal agency responsible for Internet content regulation in Australia. At a meeting of the Nomination Panel, 3 members constitute a quorum. (3)  The Chairperson shall preside at all meetings of the Board at which he or she is present. (b)  during any period, or during all periods, when the Managing Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. Note:          Section 19 of the Public Governance, Performance and Accountability Act 2013 requires the accountable authority of a Commonwealth entity to keep the Minister informed of the activities of the entity and any of its subsidiaries. (b)  guarantees the payment of an amount that the Corporation is liable to pay in relation to money raised under paragraph 70B(1)(b). 24C  Nomination Panel not subject to direction. 70C  Guarantee of borrowings by Corporation. An Act to enact certain transitional provisions and make certain amendments in . Mr Laws’ comments generated complaints from a number of sources, including the Minister for Aboriginal Affairs and the Aboriginal Legal Service. 99 and 146, 1988; No. It sought an injunction to prevent the appellant from broadcasting footage of its meat production processes. For more information on any modifications, see the series page on the Legislation Register for the compiled law. means a person included in a class of persons specified in an instrument under subsection (3). (1)  The Secretary of the Prime Minister’s Department may terminate the appointment of a member of the Nomination Panel for misbehaviour or physical or mental incapacity. (1)  The functions of the Corporation are: (a)  to provide within Australia innovative and comprehensive broadcasting services of a high standard as part of the Australian broadcasting system consisting of national, commercial and community sectors and, without limiting the generality of the foregoing, to provide: (i)  broadcasting programs that contribute to a sense of national identity and inform and entertain, and reflect the cultural diversity of, the Australian community; and. 3, 1994; No. (1) The body corporate that was, immediately before the commencing day, in existence by virtue of section 30 of the Broadcasting and Television Act 1942 under the name Australian Broadcasting Commission continues in existence by force of this subsection as a body corporate, under and subject to the provisions of this Act, under the name Australian … It outlines the ongoing functions and responsibilities of the ABC. (3)  A person acting as a non‑executive Director shall be paid the same remuneration and allowances as are payable to a non‑executive Director. What are the reforms? (c)  an Advisory Council in relation to any region of Australia. Australian Broadcasting Corporation v Lenah Game Meats [2001] 208 CLF 199. Read more (11)  Subject to the Remuneration Tribunal Act 1973, members of an Advisory Council or advisory committee shall be paid by the Corporation such allowances as are prescribed by the regulations. (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. (3)  If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subsection (2), the person may give to the Corporation a notice in writing informing the Corporation that the record may be required for the purposes of the proceedings. Conduct of meetings......................................................................... 34, 24V....... Minutes............................................................................................. 35, Division 4—Role of Minister and Prime Minister etc. (b)  entering into an agreement or arrangement with: (B)  cinematograph films or sound recordings; or, (C)  public concerts or other public entertainments; or, (ii)  a bona fide publisher of any literary material, in relation to the sharing of any expense or risk associated with the production, distribution, sale or presentation of any such program, film, recording, concert, entertainment or literary material; or, (c)  providing, or entering into an agreement or arrangement with another person for providing, subscription television broadcasting services within the meaning of the Broadcasting Services Act 1992; or. (6)  A person shall not continue to hold the position of Deputy Chairperson or acting Chairperson if he or she ceases to be a Director. Its basic function is to regulate the issues related to content and media ownership in Australia. 18  Removal from office of non‑executive Directors. (2)  A reference in this Act to dealing with securities includes a reference to: (a)  creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities; (b)  creating, selling, purchasing or re‑selling rights or options in respect of securities; and. No. A decision later this month could make importing nicotine liquid for vaping illegal without a doctor's prescription, something vapers say will turn people back to smoking cigarettes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. (5)  An Advisory Council shall consist of such persons as the Board from time to time appoints. ABC Act; The ABC Charter. (4)  Nothing in this section shall be taken to impose on the Corporation a duty that is enforceable by proceedings in a court. (7)  In this section, non‑executive Director does not include the staff‑elected Director. Those reasons must include an assessment of that person against the selection criteria. The Corporation is to achieve and maintain high standards as an employer. 29, 2013 ComLaw Authoritative Act C2013A00029 . (2)  The Finance Minister may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the Corporation. 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. in Australia, this regime does not deal with Internet content that breaches, or potentially breaches, the Racial Discrimination Act 1975 or other anti-vilification laws. (6)  In making appointments to the Australian Broadcasting Corporation Advisory Council, the Board shall have regard to the desirability of including in the membership of that Advisory Council a broad representation of the Australian community. Huge scope of Australia's new national security laws reveals itself. This Act extends to all the external Territories. 49, 2006; No. relevant town or city of an entity that authorised the broadcast of political matter means: (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. No breach of privacy in relation to footage of meat production processes. The respondent operated a possum meat processing plant in Tasmania. (5B)  Subject to subsections (5C) and (5D), a person must not be appointed as a Director referred to in paragraph (1)(b) or (c) unless Part IIIA is complied with. For more information about any editorial changes made in this compilation, see the endnotes. means a member of the Board, and includes the Chairperson, the Deputy Chairperson and the Managing Director. In 1992, when the country experienced growth in paid-subscription media, the Parliament of Australia enacted the Broadcasting Services Act 1992 that gave free-to-air broadcasters essentially first refusal to certain sporting event broadcasting rights. (c)  a service, or a class of service, determined by the Minister under paragraph (c) of the definition of broadcasting service in subsection 6(1) of the Broadcasting Services Act 1992. As soon as practicable after the Board revises a corporate plan, it must give a copy of the plan to the Minister. (a)  is a former member of a Parliament or a Legislative Assembly referred to in subsection (5A); or. Introduction Community broadcasting plays a vital role in Australia as a unique sector operating together with commercial broadcasters and national broadcasters such as the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS). Publication of journals etc. (1)  The Finance Minister may, on behalf of the Commonwealth, enter into a contract that: (a)  guarantees the repayment of money borrowed under paragraph 70B(1)(a) and the payment of interest on that money; or. In the broadcasts, Mr Laws criticised certain expenditure by the Commonwealth Government of Aboriginal welfare. Deputy Chairperson means Deputy Chairperson of the Board. i To bring our media ownership laws into the digital era, the Government has announced the most significant reforms to Australian media regulation in a generation. 2) 1983, Statute Law (Miscellaneous Provisions) Act (No. (c)  as a result of steps taken by the Corporation, it was reasonable for the Corporation to rely on the particulars that were provided for the purposes of this Act. of sound recordings etc. This was an appeal by the tobacco companies from an earlier decision upholding the decision of the Australian Broadcasting Tribunal that commercial television licensees had breached s100(5A) of the Broadcasting and Television Act 1942 (Cth) (see: Re Benson and Hedges Company Pty Limited; … Broadcasting Services Act 1992 . 67, 1985; Nos. 3, 1994. s. 67.................................... s. 68.................................... am. (2)  The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge. It extended the co-regulatory system for broadcasting to online content, combining this with a complaints-based mechanism for content assessment. - 170 CLR 70; 64 ALJR 412; 93 ALR 435 Australian Broadcasting Corporation Act 1983, Compilation date:                              14 March 2018, Includes amendments up to:            Act No. 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. LAWS v. AUSTRALIAN BROADCASTING TRIBUNAL (1990) 170 CLR 70. (4)  The performance of the functions or the exercise of the powers of the Board is not affected by a vacancy in the office of Managing Director, of Chairperson or of staff‑elected Director, by reason that there is no Deputy Chairperson or by reason of the number of Directors referred to in paragraph (1)(c) falling below 4 for not longer than 6 months. (5)  Where the Minister gives a direction to the Corporation under this section, the Minister shall cause a statement setting out particulars of, and the reasons for, the direction to be laid before each House of the Parliament within 7 sitting days of that House after the direction was given. and making etc. No. (b)  raise money otherwise than by borrowing it. The Australian government on Wednesday introduced to Parliament legislation to force tech giants Google and Facebook to pay news organizations for their journalism. Than the Managing Director has such recreation leave only with the Board generally. 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