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BROADCASTING SERVICES ACT 1992 No. 110, 1992 - List of Sections

Section

BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - TABLE OF PROVISIONS

BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - LONG TITLE

PART 1
PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Objects of this Act
4. Regulatory policy
5. Role of the ABA
6. Interpretation
7. Interpretation - meaning of control
8. Interpretation - shareholding interests, voting interests, dividend interests and winding-up interests
9. Act to bind the Crown
10. Extension of Act to the external Territories
PART 2
PART 2 - CATEGORIES OF BROADCASTING SERVICES

11. Categories of broadcasting services
12. Method of regulating particular services
13. National broadcasting services
14. Commercial broadcasting services
15. Community broadcasting services
16. Subscription broadcasting services
17. Subscription narrowcasting services
18. Open narrowcasting services
19. ABA may determine additional criteria or clarify existing criteria
20. Determinations and clarifications to be disallowable by the Parliament
21. Requests to ABA to decide which category a broadcasting service falls into
22. Matters to be considered by ABA
PART 3
PART 3 - PLANNING OF THE BROADCASTING
SERVICES BANDS

23. Planning criteria
24. ABA to determine priorities
25. Preparation of frequency allotment plans
26. Preparation of licence area plans
27. Processes to be public
28. Limitation on allocation of commercial television broadcasting licences
29. Designation of licence areas
30. ABA may determine population figures
31. Minister may reserve capacity for national broadcasters or community broadcasters
32. Reservations to be disallowable by the Parliament
33. Development of technical planning guidelines
34. Alternative uses of broadcasting services bands
35. Notification of decisions under this Part
PART 4
PART 4 - COMMERCIAL TELEVISION BROADCASTING LICENCES AND
COMMERCIAL RADIO BROADCASTING LICENCES

36. ABA to determine system for allocating licences
37. When licences must not be allocated
38. ABA to advertise for applications for certain licences
39. Additional commercial radio licences in single markets
40. Allocation of other licences
41. When persons are regarded as suitable
42. Conditions of commercial broadcasting licences
43. ABA may impose additional conditions
44. Matters to which conditions may relate
45. Duration of licences
46. Applications for renewal
47. ABA to renew licences unless it is aware of special circumstances
48. Transfer of commercial broadcasting licences
49. Surrender of commercial broadcasting licences
PART 5
PART 5 - CONTROL OF COMMERCIAL BROADCASTING LICENCES

DIVISION 1
Division 1 - Preliminary

50. Interpretation - knowledge of company
51. Means of dealing with overlapping licence areas
52. Changes in licence area populations not to put persons in breach of this Part
DIVISION 2
Division 2 - Limitation on control

53. Limitation on control of commercial television broadcasting licences
54. Limitation on control of commercial radio broadcasting licences
DIVISION 3
Division 3 - Limitation on directorships

55. Limitation on numbers of directorships - television
56. Limitation on numbers of directorships - radio
DIVISION 4
Division 4 - Limitation on foreign control of television

57. Foreign persons not to be in position to control commercial television broadcasting licence
58. Limitation on foreign directorships - commercial television broadcasting licensees
DIVISION 5
Division 5 - Cross-media rules

59. Newspapers associated with commercial television or radio broadcasting licence areas
60. Limitation on control of commercial television broadcasting licences, commercial radio broadcasting licences and associated newspapers
61. Limitation on cross-media directorships
DIVISION 6
Division 6 - Notification provisions

62. Requirement on licensees to notify control and directorships
63. Requirement to notify changes in control
64. Person who obtains control of commercial licence must notify the ABA
65. Person in control of commercial television licence must notify the ABA of newspaper interests
DIVISION 7
Division 7 - Approval of temporary breaches

66. Offence for breaches without approval
67. Applications for prior approval of temporary breaches
68. Extension of time for compliance with notice
69. Breach of notice under section 67 to constitute an offence
DIVISION 8
Division 8 - Action by the ABA

70. Notices by the ABA
71. Extension of time for compliance with notice
72. Breach of notice under section 70 to constitute an offence
DIVISION 9
Division 9 - Special provision for small markets

73. Approval of breach of television ownership limits in small markets
DIVISION 10
Division 10 - Prior opinions by the ABA

74. Requests to ABA to give an opinion on whether a person is in a position to control a licence, a newspaper or a company
DIVISION 11
Division 11 - Miscellaneous

75. Register of matters under this Part
76. Continuing offences
77. Part has effect notwithstanding Trade Practices Act
78. Part not to invalidate appointments
PART 6
PART 6 - COMMUNITY BROADCASTING LICENCES

76. Interpretation
80. ABA to advertise for applications for BSB community broadcasting licences
81. When licences must not be allocated
82. Other community broadcasting licences
83. When persons are regarded as suitable
84. Allocation of community broadcasting licences
85. ABA not required to allocate community broadcasting licence to any applicant
86. Conditions of community broadcasting licences
87. ABA may impose additional conditions on community broadcasting licences
88. Matters to which conditions may relate
89. Duration of community broadcasting licences
90. Applications for renewal of community broadcasting licences
91. ABA to renew community broadcasting licences unless it is aware of special circumstances
92. Surrender of community broadcasting licences
PART 8
PART 8 - SUBSCRIPTION BROADCASTING AND NARROWCASTING CLASS LICENCES

117. Determination of class licences
118. Conditions of class licences
119. Matters to which conditions may relate
120. Variation of class licences
121. Class licences and variations to be disallowable by the Parliament
PART 9
PART 9 - PROGRAM STANDARDS

122. Program standards for children's programs and Australian content
123. Development of codes of practice
124. ABA to maintain Register of codes of practice
125. ABA may determine program standards where codes of practice fail or where no code of practice developed
126. Consultation on standards
127. Notification of determination or variation or revocation of standards
128. Standards to be disallowable by the Parliament
129. Limitation of ABA's power in relation to standards
130. Application of the Trade Practices Act
PART 10
PART 10 - REMEDIES FOR BREACHES OF LICENSING PROVISIONS

DIVISION 1
Division 1 - Offences for providing unlicensed services

131. Prohibition on providing a commercial television broadcasting service without a licence
132. Prohibition on providing a subscription television broadcasting service without a licence
133. Prohibition on providing a commercial radio broadcasting service without a licence
134. Prohibition on providing a community television broadcasting service without a licence
135. Prohibition on providing a community radio broadcasting service without a licence
136. Continuing offences
DIVISION 2
Division 2 - Action by ABA where a person provides a service
without a licence

137. Notices for providing broadcasting services without appropriate authority
138. Breach of notice under section 137 to constitute an offence
DIVISION 3
Division 3 - Action in relation to breaches by licensees

139. Offence for breach of conditions of licences and class licences
140. Continuing offences
141. Notices to stop breaches of conditions of licences, class licences or of codes of practice
142. Breach of notice under section 141 to constitute an offence
143. Suspension and cancellation
DIVISION 4
Division 4 - Action in relation to class licences

144. Application to Federal Court
DIVISION 5
Division 5 - Miscellaneous

145. Continuing offences
146. Limitation on prosecutions
PART 11
PART 11 - COMPLAINTS TO THE ABA

DIVISION 1
Division 1 - Complaints relating to action under licences
and class licences

147. Complaints relating to offences or breach of licence conditions
148. Complaints under codes of practice
149. Investigation of complaints by the ABA
DIVISION 2
Division 2 - Complaints relating to national broadcasting services

150. Complaints relating to national broadcasting services
151. Investigation of complaints relating to the ABC or SBS by the ABA
152. Action by ABA where complaint justified
153. ABA may report to Minister on results of recommendation
PART 12
PART 12 - THE AUSTRALIAN BROADCASTING AUTHORITY

DIVISION 1
Division 1 - Establishment and constitution of the ABA

154. Establishment of the ABA
155. How the ABA is to be constituted
156. Minister may appoint associate members
157. Period of appointment of members and associate members
DIVISION 2
Division 2 - Functions and powers of the ABA

158. Primary functions of the ABA
159. Additional functions of the ABA
160. General obligations of the ABA
161. Minister may notify the ABA of general policies of the Government that are to apply to the ABA
162. Minister may give directions to ABA
163. ABA not otherwise subject to direction
164. General powers of the ABA
DIVISION 3
Division 3 - Staff of the ABA

165. Staff
166. Consultants
DIVISION 4
Division 4 - Administrative provisions

167. Administrative provisions
PART 13
PART 13 - INFORMATION GATHERING BY THE ABA

DIVISION 1
Division 1 - Introduction

168. Obtaining of information by the ABA
169. Decision-making by the ABA not limited to matters discovered by investigation or hearing
DIVISION 2
Division 2 - Investigations

170. Investigations by the ABA
171. Minister may direct an investigation
172. ABA may call for written submissions from the public
173. Notice requiring appearance for examination
174. Examination on oath or affirmation
175. Examination to take place in private
176. Record to be made of examination
177. Production of documents for inspection
178. Report on investigation
179. Publication of report
180. Person adversely affected by report to be given opportunity to comment
DIVISION 3
Division 3 - Hearings

181. Interpretation - members to include associates
182. Power to hold hearings
183. Minister may direct ABA to hold a hearing
184. Procedure for conduct of hearings
185. ABA may direct holding of conference
186. Hearings to be informal, quick and economical
187. Hearings to be in public except in exceptional cases
188. Public notice of hearings
189. Confidential material not to be published
190. Directions as to private hearings
191. Constitution of ABA for conduct of hearings
192. Presiding member
193. Reconstitution of hearing panel
194. Exercise of powers in relation to conduct of hearing
195. Summons to give evidence or produce documents
196. Written submissions may be made to hearing
197. Evidence and submissions to be taken into account by ABA
198. Representation at hearings
199. Reports on hearings
DIVISION 4
Division 4 - General

200. Protection of members and persons giving evidence
201. Protection of panel conducting hearing
202. Non-compliance with requirement to give evidence
203. Proceedings for defamation not to lie
PART 14
PART 14 - APPEALS TO THE ADMINISTRATIVE APPEALS TRIBUNAL

204. Appeals to the Administrative Appeals Tribunal
205. Notification of decisions to include notification of reasons and appeal rights
PART 15
PART 15 - MISCELLANEOUS

206. Broadcasting taken to be publication in permanent form
207. Amounts of fees
208. Supplying false or misleading information
209. No Title
210. Publication of opinions
211. Service of notices
212. Special provisions for re-transmission of programs
213. Penalties for continuing offences
214. Procedure relating to continuing offences
215. Review of television broadcasting industry
216. Ministerial consultative and advisory bodies
217. Regulations
218. Channel sharing
SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

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