Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983 (No. 7 of 1983), Australia

AUSTRALIAN BROADCASTING CORPORATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 7, 1983

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART I-PRELIMINARY

Section

1. Short title

2. Commencement

PART II-TRANSITIONAL PROVISIONS

3. Interpretation

4. Extension to external Territories

5. Application

6. Members of Commission cease to hold office

7. References to Commission in instruments, &c.

8. Property, powers, liabilities, &c.

9. Saving of proceedings

10. Judicial notice

11. Officers and employees

12. Continuation of positions in Australian Broadcasting Corporation

Service

13. Pending promotions

14. Disciplinary action for misconduct

15. Application of moneys

16. Estimates

17. Bank accounts

18. Audit

19. Annual report and financial statements

PART III-AMENDMENTS OF THE BROADCASTING AND TELEVISION ACT 1942

20. Principal Act

21. Interpretation

22. Holding of inquiries

23. Annual report of Tribunal

24. Membership of Commission

25. Repeal of Divisions 1 and 2 of Part III

26. Functions of Commission

27. Publication of journals, &c., and making, &c., of sound

recordings,

&c.

28. Power to purchase and dispose of assets

29 Studios to be provided by Commission

30. Authorized transmissions

31. Repeal of sections 65 to 71B

32. Taxation

33. Provision and operation of studios, transmitting stations, &c.

34. Lines for conveyance of electric current to stations

35. National broadcasting translator station licences

36. National television translator station licences

37. Minister may require Commission to refrain from broadcasting or

televising any matter

38. Report and financial statement

39. Action under section 64 or 77 to be reported to Parliament

40. Commission to assume certain obligations and liabilities

41. Joint Consultative Committee

42. Repeal of section 79ZJ and substitution of new section-

79ZJ. Application of Act

43. Particulars of programs to be made available

44. Programs of supplementary stations

45. Remuneration

46. Transmission of certain messages

47. Corporation to make certain programs available to commercial

television stations

48. Corporation may make programs available to certain licensees

49. Encouragement of Australian artists

50. Televising of sporting events and entertainments

51. Broadcasting or televising of political matter or controversial

matter

52. Names of speakers to be announced

53. Records of political matter, &c.

54. Broadcasting or televising of objectionable items

55. Broadcasting programs of other stations prohibited

56. Offence to interfere with the broadcasting or televising of

programs

57. Control of broadcasting and television in case of emergency

PART IV-AMENDMENTS OF THE COPYRIGHT ACT 1968

58. Principal Act

59. Interpretation

60. Television broadcasts and sound broadcasts in which copyright

subsists

61. Ownership of copyright in television broadcasts and sound

broadcasts

62. Applications to Tribunal for determination of amounts payable for

broadcasting published sound recordings

63. Application of Act in relation to countries other than Australia

64. Reception of broadcasts

PART V-AMENDMENT OF THE FREEDOM OF INFORMATION ACT 1982

65. Principal Act

66. Schedule 2

PART VI-AMENDMENTS OF THE PARLIAMENTARY PROCEEDINGS BROADCASTING ACT 1946

67. Principal Act

68. Broadcasting of parliamentary proceedings

69. Recording of parliamentary proceedings

PART VII-AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1975

70. Principal Act

71. Persons other than the Commission not to construct,

maintain or operate telecommunications installations

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 1.

Short title.

An Act to enact certain transitional provisions and make certain amendments in

consequence of the enactment of the Australian Broadcasting Corporation Act

1983

(Assented to 1 June 1983)

PART I-PRELIMINARY

Short title

1. This Act may be cited as the Australian Broadcasting Corporation

(Transitional Provisions and Consequential Amendments) Act 1983.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 2.

Commencement

2. (1) Sections 1 and 2, sub-section 15 (1) and section 24 shall come into

operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on the

day fixed under sub-section 2 (2) of the Australian Broadcasting Corporation

Act 1983.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 3.

Interpretation

PART II-TRANSITIONAL PROVISIONS

3. Expressions used in this Part have, unless the contrary intention

appears, the same meanings as those expressions have in the Australian

Broadcasting Corporation Act 1983.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 4.

Extension to external Territories

4. This Part extends to all the external Territories.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 5.

Application

5. This Part has effect notwithstanding anything contained in the Australian

Broadcasting Corporation Act 1983.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 6.

Members of Commission cease to hold office

6. On the commencing day, the Chairman, the Vice-Chairman and the other

Commissioners of the Australian Broadcasting Commission who held office

immediately before that day cease to hold office, but the corporate identity

of the body corporate referred to in sub-section 5 (1) of the Australian

Broadcasting Corporation Act 1983 is preserved.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 7.

References to Commission in instruments, &c.

7. A reference to the Australian Broadcasting Commission in any law of a

Territory, or in any contract, award or other instrument to which the

Australian Broadcasting Commission was a party, shall, except in relation to

matters that occurred before the commencing day, be construed as a reference

to the Australian Broadcasting Corporation.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 8.

Property, powers, liabilities, &c.

8. The alteration of the name and constitution of the Australian

Broadcasting Commission resulting from section 5 of the Australian

Broadcasting Corporation Act 1983 does not affect any property, powers,

rights, liabilities or obligations of the body corporate continued in

existence by that section.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 9.

Saving of proceedings

9. (1) The alteration of the name and constitution of the Australian

Broadcasting Commission resulting from section 5 of the Australian

Broadcasting Corporation Act 1983 does not render defective any legal or other

proceedings instituted or to be instituted by or against the body corporate

continued in existence by that section, and any legal or other proceedings

that might have been continued or commenced by or against the body corporate

by the name of the Australian Broadcasting Commission may be continued or

commenced by or against the body corporate by the name of the Australian

Broadcasting Corporation.

(2) The alteration of the name and constitution of the Australian

Broadcasting Commission resulting from section 5 of the Australian

Broadcasting Corporation Act 1983 does not render defective any investigation

being or proposed to be undertaken by the Commonwealth Ombudsman under the

Ombudsman Act 1976 into any action taken before the commencing day by the body

corporate continued in existence by that section, and any investigation that

might have been continued or commenced into any action taken by the body

corporate by the name of the Australian Broadcasting Commission may be

continued or commenced as if the action had been taken by the body corporate

by the name of the Australian Broadcasting Corporation.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 10.

Judicial notice

10. All courts, judges and persons acting judicially shall take judicial

notice of the imprint of the seal of the Australian Broadcasting Commission

appearing on a document that was executed before the commencing day and shall

presume that the document was duly sealed.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 11.

Officers and employees

11. (1) Any person who was an officer (including an officer on probation) or

a temporary employee of the Australian Broadcasting Commission immediately

before the commencing day by virtue of his having been appointed or engaged

under sub-section 43 (2) of the Broadcasting and Television Act 1942

continues, subject to the Australian Broadcasting Corporation Act 1983, as an

officer or temporary employee, as the case may be, of the Corporation as if he

had been appointed or engaged under section 33 of that last-mentioned Act.

(2) Sub-section (1) does not apply in relation to a person whose employment

as an officer or temporary employee of the Australian Broadcasting Commission

would, if the Australian Broadcasting Corporation Act 1983 and this Act had

not been enacted, have terminated immediately before the commencing day.

(3) The Managing Director shall, upon the commencing day, be deemed to have

determined under sub-section 33 (10) of the Australian Broadcasting

Corporation Act 1983 terms and conditions of employment of officers and

temporary employees of the Corporation to whom sub-section (1) of this section

applies that are the same as the terms and conditions of employment of those

officers and temporary employees immediately before the commencing day.

(4) If a direction was given under section 54 of the Broadcasting and

Television Act 1942 in relation to an officer of the Corporation to whom

sub-section (1) of this section applies, who had been appointed to the service

of the Australian Broadcasting Commission on probation and whose appointment

had not been confirmed before the commencing day, that direction has effect

for the purposes of section 33 of the Australian Broadcasting Corporation Act

1983 as if it were a direction given by the Managing Director.

(5) On the commencing day the general manager of the Australian Broadcasting

Commission ceases to hold office but, if he was, immediately before his

appointment as general manager, an officer of the Australian Broadcasting

Commission-

(a) sub-section (1) applies to him as if he were such an officer

immediately before the commencing day; and

(b) if he has not been appointed to be the Managing Director of the

Corporation, he continues, subject to the Australian Broadcasting Corporation

Act 1983, as an unattached officer of the Corporation with such designation

and salary as are determined under sub-section 33 (3) of that Act.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 12.

Continuation of positions in Australian Broadcasting Corporation Service

12. All positions that existed in the service of the Australian Broadcasting

Commission immediately before the commencing day by virtue of section 45 of

the Broadcasting and Television Act 1942 continue in existence, subject to

Part V of the Australian Broadcasting Corporation Act 1983, as positions in

the Australian Broadcasting Corporation Service as if they had been created by

the Board pursuant to section 34 of the Australian Broadcasting Corporation

Act 1983.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 13.

Pending promotions

13. Where an officer of the Australian Broadcasting Commission was

provisionally promoted to a position in the service of the Commission but the

promotion had not been confirmed before the commencing day, then,

notwithstanding the repeal of sections 49 and 50 of the Broadcasting and

Television Act 1942 effected by this Act-

(a) section 49 of that Act and any regulations in force under that Act for

the purposes of that section continue to apply in relation to the promotion

but-

(i) references in that section to the vacant position shall be

construed as references to that position as continued in existence in the

Australian Broadcasting Corporation Service;

(ii) any action to be taken under sub-section (5) or (6) of that section

shall be taken by the Managing Director; and

(iii) sub-sections (7) and (8) of that section have effect as if

references in those sub-sections to the Commission were references to the

Managing Director; and

(b) for the purposes of any appeal against the promotion, section 50 of

that Act continues to apply but, for the purposes of that section as so

continuing to apply, the reference in sub-paragraph (2) (b) (i) of that

section to the Commission shall be construed as a reference to the Managing

Director and references in that section to the vacant position shall be

construed as references to that position as continued in existence in the

Australian Broadcasting Corporation Service.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 14.

Disciplinary action for misconduct

14. (1) Section 64 of the Australian Broadcasting Corporation Act 1983

applies in relation to misconduct that occurred before the commencing day

but, for that purpose, ''misconduct'' has the same meaning as it had for the

purposes of section 56 of the Broadcasting and Television Act 1942.

(2) An officer who was suspended from duty immediately before the commencing

day continues to be suspended from duty as if he had been so suspended under

section 64 of the Australian Broadcasting Corporation Act 1983.

(3) Where an officer of the Australian Broadcasting Commission was

dismissed, retired, transferred, reduced in position or salary, or fined an

amount exceeding $4, under section 55 or 56 of the Broadcasting and Television

Act 1942, then, notwithstanding the repeal of sections 57 and 58 of that Act

effected by this Act-

(a) section 57 of that Act and any regulations in force under that Act for

the purposes of that section continue to apply in relation to the dismissal,

retirement, transfer, reduction in position or salary or fine but any action

to be taken under sub-section (4) of that section shall be taken by the

Managing Director; and

(b) for the purposes of any appeal against the dismissal, retirement,

transfer, reduction in position or salary or fine, section 58 of that Act and

any regulations in force under that Act for the purposes of that section

continue to apply but, for the purposes of that section and those regulations

as so continuing to apply-

(i) the reference in paragraph (2) (b) of that section to the

Commission shall be construed as a reference to the Managing Director; and

(ii) if there is no officer elected for the purposes of paragraph (2)

(c), or no deputy elected for the purposes of sub-section (5), of that

section, an officer may be elected for the purposes of that paragraph or a

deputy may be elected for the purposes of that sub-section, as the case may

be, by the officers of the Corporation.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 15.

Application of moneys

15. (1) The Australian Broadcasting Commission is liable to pay any

remuneration and allowances that become payable under Part III of the

Australian Broadcasting Corporation Act 1983 before the commencing day and,

notwithstanding section 70 of the Broadcasting and Television Act 1942, the

moneys of the Commission may be applied in payment of any such remuneration or

allowances.

(2) Notwithstanding section 68 of the Australian Broadcasting Corporation

Act 1983, the moneys of the Corporation may be applied-

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

liabilities that were incurred or undertaken before the commencing day by the

Australian Broadcasting Commission in or in connection with the performance of

its functions or the exercise of its powers and were not paid or discharged

before that day; and

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

arose under Part III of the Broadcasting and Television Act 1942 or under

sub-section (1) of this section but which had not been paid before the

commencing day.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 16.

Estimates

16. Unless the Minister otherwise directs, the first period for which

estimates are to be prepared under sub-section 69 (1) of the Australian

Broadcasting Corporation Act 1983 shall be the period commencing on the

commencing day and ending on the next following 30 June.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 17.

Bank accounts

17. The bank accounts maintained by the Australian Broadcasting Commission

immediately before the commencing day continue in existence as bank accounts

of the Corporation as if they had been opened by the Corporation under section

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

of section 72 of the Australian Broadcasting Corporation Act 1983.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 18.

Audit

18. Section 63L of the Audit Act 1901 as that section applies to the

Corporation by virtue of section 72 of the Australian Broadcasting Corporation

Act 1983 extends to accounts and records of financial transactions of the

Australian Broadcasting Commission that took place before the commencing day

as if they were accounts and records of financial transactions of the

Corporation.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 19.

Annual report and financial statements

19. (1) If the Australian Broadcasting Commission had not, before the

commencing day, furnished a report and financial statement in relation to the

operations of the Commission during the year that ended on 30 June last

preceding that day, the Board shall cause to be prepared a financial statement

and report on the operations of the Commission during that year in accordance

with section 78 of the Broadcasting and Television Act 1942 and,

notwithstanding the repeal of that section effected by this Act, that section

continues in force for the purpose of the preparation of that financial

statement and report as if a reference in that section to the Commission were

a reference to the Corporation.

(2) If the commencing day is a day other than 1 July, the report and

financial statement in relation to the operations of the Corporation during

the year ending on 30 June next following the commencing day that is required

to be prepared by section 63M of the Audit Act 1901 as that section applies to

the Corporation by virtue of section 72 of the Australian Broadcasting

Corporation Act 1983 shall include a report and financial statement in

relation to the operations of the Australian Broadcasting Commission during

the part of that year that preceded the commencing day.

(3) A report by the Corporation that relates to operations of the Australian

Broadcasting Commission shall include any matters that would have been

required to be included in a report relating to those operations prepared

under section 78 of the Broadcasting and Television Act 1942 if the Australian

Broadcasting Corporation Act 1983 and this Act had not been enacted.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 20.

Principal Act

PART III-AMENDMENTS OF THE BROADCASTING AND TELEVISION ACT 1942

20. The Broadcasting and Television Act 1942*1* is in this Part referred to

as the Principal Act.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 21.

Interpretation

21. Section 4 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of ''Commissioner'';

(b) by omitting ''Commission'' from the definitions of ''national

broadcasting station'', ''national broadcasting translator station licence'',

''national television station'', and ''national television translator station

licence'' in sub-section (1) and substituting ''Corporation'';

(c) by inserting after the definition of ''television translator station

licence'' in sub-section (1) the following definition:

'' 'the Board' means the Australian Broadcasting Corporation Board;'';

(d) by omitting the definition of ''the Commission'' in sub-section (1) and

substituting the following definitions:

'' 'the Commission' means the Australian Broadcasting Commission that was

constituted under Part III before the enactment of the Australian Broadcasting

Corporation Act 1983;

'the Corporation' means the Australian Broadcasting Corporation

constituted under the Australian Broadcasting Corporation Act 1983;''; and

(e) by omitting from sub-section (2) ''Commission'' and substituting

''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 22.

Holding of inquiries

22. Section 18 of the Principal Act is amended by omitting from paragraph

(2A) (a) ''Commission'' (wherever occurring) and substituting

''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 23.

Annual report of Tribunal

23. Section 28 of the Principal Act is amended by inserting after

sub-section (1) the following sub-section:

''(1A) If during the year to which a report of the Tribunal relates the

Corporation has submitted to the Tribunal, for classification by the Tribunal,

television programs for children as provided by section 30 of the Australian

Broadcasting Corporation Act 1983, the Tribunal shall state in its report

under this section on its operations during that year that the Corporation has

submitted such programs and shall set out in that report such particulars of

the programs so submitted as the Tribunal thinks fit.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 24.

Membership of Commission

24. Section 31 of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(5) The performance of the functions or the exercise of the powers of the

Commission is not affected by reason that-

(a) in respect of a State, there is no Commissioner ordinarily resident in

that State;

(b) the number of Commissioners falls below 9; or

(c) the number of women who are Commissioners falls below 2,

for not longer than 6 months.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 25.

Repeal of Divisions 1 and 2 of Part III

25. Divisions 1 and 2 of Part III of the Principal Act are repealed.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 26.

Functions of Commission

26. Section 59 of the Principal Act is repealed.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 27.

Publication of journals, &c., and making, &c., of sound recordings, &c.

27. Section 60 of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(5) Notwithstanding that, by reason of section 5 of the Australian

Broadcasting Corporation Act 1983, there is no longer a body corporate under

the name Australian Broadcasting Commission, this section continues to have

effect for the purpose of its application, by virtue of section 79ZJ, in

relation to the Special Broadcasting Service.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 28.

Power to purchase and dispose of assets

28. Section 61 of the Principal Act is repealed.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 29.

Studios to be provided by Commission

29. Section 63 of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(3) Notwithstanding that, by reason of section 5 of the Australian

Broadcasting Corporation Act 1983, there is no longer a body corporate under

the name Australian Broadcasting Commission, this section continues to have

effect for the purpose of its application, by virtue of section 79ZJ, in

relation to the Special Broadcasting Service.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 30.

Authorized transmissions

30. Section 64 of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(2) Notwithstanding that, by reason of section 5 of the Australian

Broadcasting Corporation Act 1983, there is no longer a body corporate under

the name Australian Broadcasting Commission, this section continues to have

effect for the purpose of its application, by virtue of section 79ZJ, in

relation to the Special Broadcasting Service.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 31.

Repeal of sections 65 to 71B

31. Sections 65 to 71B (inclusive) of the Principal Act are repealed.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 32.

Taxation

32. Section 72 of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(2) Notwithstanding that, by reason of section 5 of the Australian

Broadcasting Corporation Act 1983, there is no longer a body corporate under

the name Australian Broadcasting Commission, this section continues to have

effect for the purpose of its application, by virtue of section 79ZJ, in

relation to the Special Broadcasting Service.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 33.

Provision and operation of studios, transmitting stations, &c.

33. Section 73 of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(5) Notwithstanding that, by reason of section 5 of the Australian

Broadcasting Corporation Act 1983, there is no longer a body corporate under

the name Australian Broadcasting Commission, this section continues to have

effect for the purpose of its application, by virtue of section 79ZJ, in

relation to the Special Broadcasting Service.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 34.

Lines for conveyance of electric current to stations

34. Section 74 of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(5) Notwithstanding that, by reason of section 5 of the Australian

Broadcasting Corporation Act 1983, there is no longer a body corporate under

the name Australian Broadcasting Commission, this section continues to have

effect for the purpose of its application, by virtue of section 79ZJ, in

relation to the Special Broadcasting Service.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 35.

National broadcasting translator station licences

35. Section 75 of the Principal Act is amended by omitting ''Commission''

from sub-section (1) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 36.

National television translator station licences

36. Section 76 of the Principal Act is amended by omitting ''Commission''

from sub-section (1) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 37.

Minister may require Commission to refrain from broadcasting or televising any

matter

37. Section 77 of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(2) Notwithstanding that, by reason of section 5 of the Australian

Broadcasting Corporation Act 1983, there is no longer a body corporate under

the name Australian Broadcasting Commission, this section continues to have

effect for the purpose of its application, by virtue of section 79ZJ, in

relation to the Special Broadcasting Service.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 38.

Report and financial statement

38. Section 78 of the Principal Act is repealed.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 39.

Action under section 64 or 77 to be reported to Parliament

39. Section 78A of the Principal Act is amended by adding at the end thereof

the following sub-section:

''(2) References in sub-section (1) to sections 64 and 77 shall be construed

as references to those sections as they apply, by virtue of section 79ZJ, in

relation to the Special Broadcasting Service.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 40.

Commission to assume certain obligations and liabilities

40. Section 79 of the Principal Act is repealed.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 41.

Joint Consultative Committee

41. Section 79A of the Principal Act is repealed.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 42.

42. Section 79ZJ of the Principal Act is repealed and the following section

is substituted:

Application of Act

''79ZJ. (1) Sections 60, 63, 64, 72, 73, 74, 77 and 78A apply, with such

exceptions and subject to such modifications and adaptations as are

prescribed, in relation to the Service, to programs broadcast or televised

under Part IIIA and to stations used by the Service as they applied

immediately before the commencement of the Australian Broadcasting Corporation

(Transitional Provisions and Consequential Amendments) Act 1983 in relation to

the Commission, to programs broadcast or televised by the Commission and to

stations used by the Commission.

''(2) Sections 112, 113, 113A, 115, 116 (other than sub-section (1)), 117,

117A, 118, 124A and 131 apply, with such exceptions and subject to such

modifications and adaptations as are prescribed, in relation to the Service,

to programs broadcast or televised under Part IIIA and to stations used by the

Service as they apply in relation to the Corporation, to programs broadcast or

televised by the Corporation and to stations used by the Corporation.

''(3) In sub-sections (1) and (2), 'station' means a broadcasting station,

television station, broadcasting translator station, television translator

station or television repeater station.''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 43.

Particulars of programs to be made available

43. Section 105 of the Principal Act is amended by omitting ''Commission''

and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 44.

Programs of supplementary stations

44. Section 105R of the Principal Act is amended by omitting ''Commission''

from paragraph (3) (b) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 45.

Remuneration

45. Section 111E of the Principal Act is amended-

(a) by adding ''and'' at the end of paragraph (1) (a); and

(b) by omitting paragraph (1) (b).

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 46.

Transmission of certain messages

46. Section 112 of the Principal Act is amended by omitting ''Commission''

and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 47.

Corporation to make certain programs available to commercial television

stations

47. Section 113 of the Principal Act is amended-

(a) by omitting ''Commission'' first occurring in sub-section (1), once

occurring in sub-section (2) and second and third occurring in sub-section (3)

and substituting ''Managing Director of the Corporation''; and

(b) by omitting ''Commission'' second occurring in sub-section (1) and

first occurring in sub-section (3) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 48.

Corporation may make programs available to certain licensees

48. Section 113A of the Principal Act is amended-

(a) by omitting ''Commission'' (first, second and fourth occurring) and

substituting ''Managing Director of the Corporation''; and

(b) by omitting ''Commission'' (third occurring) and substituting

''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 49.

Encouragement of Australian artists

49. Section 114 of the Principal Act is amended by omitting ''Commission''

(wherever occurring) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 50.

Televising of sporting events and entertainments

50. Section 115 of the Principal Act is amended by omitting ''Commission''

and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 51.

Broadcasting or televising of political matter or controversial matter

51. Section 116 of the Principal Act is amended-

(a) by omitting ''Commission'' first occurring in sub-section (1) and

substituting ''Australian Broadcasting Corporation Board'';

(b) by omitting ''Commission'' second occurring in sub-section (1),

wherever occurring in sub-sections (2) and (4) and last occurring in

sub-section (4A) and substituting ''Corporation''; and

(c) by omitting ''Commission'' first occurring in sub-section (4A) and

substituting ''Managing Director of the Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 52.

Names of speakers to be announced

52. Section 117 of the Principal Act is amended by omitting ''Commission''

from sub-sections (1) and (5) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 53.

Records of political matter, &c.

53. Section 117A of the Principal Act is amended-

(a) by omitting ''Commission'' wherever occurring in sub-sections (1) and

(2), first occurring in sub-section (3), second occurring in sub-section (4)

and once occurring in sub-section (6) and substituting ''Corporation''; and

(b) by omitting ''Commission'' second and third occurring in sub-section

(3) and first occurring in sub-section (4) and substituting ''Managing

Director of the Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 54.

Broadcasting or televising of objectionable items

54. Section 118 of the Principal Act is amended by omitting ''Commission''

from sub-section (1) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 55.

Broadcasting programs of other stations prohibited

55. Section 121 of the Principal Act is amended by omitting ''Commission''

from paragraph (1) (a) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 56.

Offence to interfere with the broadcasting or televising of programs

56. Section 124A of the Principal Act is amended by omitting ''Commission''

(wherever occurring) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 57.

Control of broadcasting and television in case of emergency

57. Section 131 of the Principal Act is amended by omitting ''Commission''

(wherever occurring) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 58.

Principal Act

PART IV-AMENDMENTS OF THE COPYRIGHT ACT 1968

58. The Copyright Act 1968*2* is in this Part referred to as the Principal

Act.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 59.

Interpretation

59. Section 10 of the Principal Act is amended by omitting from sub-section

(1) the definition of ''the Australian Broadcasting Commission'' and

substituting the following definitions:

'' 'the Australian Broadcasting Commission' means the Australian

Broadcasting Commission that was established under the Broadcasting and

Television Act 1942;

'the Australian Broadcasting Corporation' means the Australian

Broadcasting Corporation established under the Australian Broadcasting

Corporation Act 1983;''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 60.

Television broadcasts and sound broadcasts in which copyright subsists

60. (1) Section 91 of the Principal Act is amended-

(a) by omitting sub-paragraph (a) (i) and substituting the following

sub-paragraph:

''(i) the Australian Broadcasting Corporation;''; and

(b) by omitting sub-paragraph (b) (i) and substituting the following

sub-paragraph:

''(i) the Australian Broadcasting Corporation;''.

(2) The amendments made by sub-section (1) do not affect the continued

subsistence of any copyright that, immediately before the commencement of this

section, subsisted in a television broadcast or sound broadcast that had been

made from a place in Australia by the Australian Broadcasting Commission

before the commencement of this section.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 61.

Ownership of copyright in television broadcasts and sound broadcasts

61. Section 99 of the Principal Act is amended by omitting paragraph (a) and

substituting the following paragraph:

''(a) the Australian Broadcasting Corporation is the owner of any copyright

subsisting in a television broadcast or sound broadcast made by it;''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 62.

Applications to Tribunal for determination of amounts payable for broadcasting

published sound recordings

62. Section 152 of the Principal Act is amended-

(a) by omitting paragraph (a) of the definition of ''broadcaster'' in

sub-section (1) and substituting the following paragraph:

''(a) the Australian Broadcasting Corporation;'';

(b) by inserting after sub-section (1) the following sub-section:

''(1A) For the purposes of the application of this section in relation to

a period before the commencement of this sub-section, this section has effect

as if any act or thing done during that period by the Australian Broadcasting

Commission had been done by the Australian Broadcasting Corporation and any

earnings of the Australian Broadcasting Commission during that period were

earnings of the Australian Broadcasting Corporation.''; and

(c) by omitting from sub-section (11) ''Commission'' (wherever occurring)

and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 63.

Application of Act in relation to countries other than Australia

63. Section 184 of the Principal Act is amended by omitting from paragraph

(1) (f) ''Australian Broadcasting Commission'' and substituting ''Australian

Broadcasting Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 64.

Reception of broadcasts

64. Section 199 of the Principal Act is amended by omitting from sub-section

(7) ''Australian Broadcasting Commission'' (wherever occurring) and

substituting ''Australian Broadcasting Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 65.

Principal Act

PART V-AMENDMENT OF THE FREEDOM OF INFORMATION ACT 1982

65. The Freedom of Information Act 1982*3* is in this Part referred to as

the Principal Act.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 66.

Schedule 2

66. Schedule 2 to the Principal Act is amended by omitting ''Australian

Broadcasting Commission'' and substituting ''Australian Broadcasting

Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 67.

Principal Act

PART VI-AMENDMENTS OF THE PARLIAMENTARY PROCEEDINGS BROADCASTING ACT

1946

67. The Parliamentary Proceedings Broadcasting Act 1946*4* is in this Part

referred to as the Principal Act.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 68.

Broadcasting of parliamentary proceedings

68. Section 4 of the Principal Act is amended by omitting ''Commission''

(wherever occurring) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 69.

Recording of parliamentary proceedings

69. Section 13A of the Principal Act is amended-

(a) by omitting sub-section (1) and substituting the following

sub-section:

''(1) In this section, 'Corporation' means the Australian Broadcasting

Corporation.''; and

(b) by omitting from sub-sections (2), (2A), (3) and (4) ''Commission''

(wherever occurring) and substituting ''Corporation''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 70.

Principal Act

PART VII-AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1975

70. The Telecommunications Act 1975*5* is in this Part referred to as the

Principal Act.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - SECT. 71.

Persons other than the Commission not to construct, maintain or operate

telecommunications installations

71. Section 94 of the Principal Act is amended-

(a) by inserting after paragraph (2) (d) the following paragraph:

''(da) by the Australian Broadcasting Corporation in accordance with

the

Australian Broadcasting Corporation Act 1983 or by a person doing any act

pursuant to section 77 of that Act;''; and

(b) by omitting from paragraph (2) (e) ''the Australian Broadcasting

Commission or''.

Australian Broadcasting Corporation (Transitional Provisions and Consequential

Amendments) Act 1983 No. 7 of 1983 - NOTES

NOTES

1. No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No.

64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33, 65

and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82,

1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47,

1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49,

1972; No. 50, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 55, 1974;

No. 56, 1975; Nos. 89 and 187, 1976; No. 160, 1977; Nos. 52 and 210, 1978;

Nos. 143 and 177, 1980; Nos. 61, 113 and 153, 1981; and No. 154, 1982.

2. No. 63, 1968, as amended. For previous amendments, see No. 216, 1973; No.

91, 1976; No. 160, 1977; No. 19, 1979; No. 154, 1980; Nos. 42, 61 and 113,

1981; and Nos. 26 and 154, 1982.

3. No. 3, 1982.

4. No. 20, 1946, as amended. For previous amendments, see No. 35, 1960; Nos.

94 and 216, 1973; No. 32, 1974; and No. 39, 1981.

5. No. 55, 1975, as amended. For previous amendments, see No. 94, 1976; No.

160, 1977; Nos. 36 and 170, 1978; No. 115, 1979; No. 177, 1980; and No. 61,

1981.