(1) 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. No. 24L Disclosure of interests to the Nomination Panel. (8) For the purposes of this section, if: (i) an electronic edition of a book, magazine or newspaper; or, (ii) an audio recording of the text, or abridged text, of a book, magazine or newspaper; and. (b) take part in any decision of the Advisory Council or of the committee with respect to that matter. Publication of journals etc. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations. 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. Defamation Laws & the Internet. (7) The appointment of a Director referred to in paragraph (1)(b) or (c) is not invalid merely because of a defect or irregularity in relation to the appointment (including a failure to comply with Part IIIA). securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents. 87 and 146, 1988; No. The Corporation may borrow money, or raise money otherwise than by borrowing, only in accordance with sections 70A and 70B. (4) An agreement or arrangement between the Corporation and a prescribed company shall include a term empowering the Corporation to terminate the agreement or arrangement if the prescribed company ceases to be a prescribed company. 3, 1994; No. (1) There is hereby established a Joint Consultative Committee comprising: (a) representatives of the Corporation; and. (3) The Corporation 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. 1) 1995, Sch 4 (items 16, 17) and Sch 5 (item 19): 25 Oct 1996 (s 2(1)), Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997, Sch 1 (items 1, 2): 1 July 1997 (s 2(2)(d)), Audit (Transitional and Miscellaneous) Amendment Act 1997, Sch 2 (items 201–215): 1 Jan 1998 (s 2(2)), National Transmission Network Sale (Consequential Amendments) Act 1998, s 4 and Sch 1 (items 1–8): 21 Dec 1998 (s 2), Public Employment (Consequential and Transitional) Amendment Act 1999, Sch 1 (item 112): 5 Dec 1999 (s 2(1), (2)), Corporate Law Economic Reform Program Act 1999, Sch 10 (items 18, 19): 13 Mar 2000 (s 2(2)(c) and gaz 2000, No S114), Broadcasting Legislation Amendment Act 2001, Financial Framework Legislation Amendment Act 2005, Sch 2 (items 29–39, 174): 22 Feb 2005 (s 2(1) item 12), Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, Sch 1 (items 1–4), Sch 2 and 4: 1 July 2005 (s 2(1) items 2, 3, 10), Omnibus Repeal Day (Autumn 2014) Act 2014, Sch 2 (items 177–181): 17 Oct 2014 (s 2(1) item 2), Australian Broadcasting Corporation Amendment Act 2006, Commonwealth Authorities and Companies Amendment Act 2008, Sch 2 (item 1): 1 July 2008 (s 2(1) item 7), Sch 2 (items 107–115) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12), National Broadcasting Legislation Amendment Act 2012, Sch 1 (items 1–17) and Sch 2: 24 Nov 2012 (s 2(1) items 2–5), Sch 1 (item 12): 22 Sept 2012 (s 2(1) item 2), Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013, Sch 1 (items 18–35): 31 Mar 2013 (s 2(1) item 2), Sch 3 (items 1–6, 10, 25, 26, 343): 29 June 2013 (s 2(1) item 16), Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, Sch 7 (items 168–186) and Sch 14: 1 July 2014 (s 2(1) items 6, 14), Public Governance and Resources Legislation Amendment Act (No. There shall be a Managing Director of the Corporation, who shall be appointed and hold office as provided by Part III. (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. 3, 1994; No. (b) the person (the relevant person) performs services for the Corporation, under the direction and control of the Managing Director or an employee of the Corporation, under: (i) a written contract entered into between the Corporation and the relevant person; or. (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. (a) in relation to an election to the Legislative Council of Tasmania, or an ordinary election to the Legislative 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. 105, 1992 (as am. (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. 2, 1986; No. Laws v Australian Broadcasting Tribunal - [1990] HCA 31 - Laws v Australian Broadcasting Tribunal (28 June 1990) - [1990] HCA 31 (28 June 1990) (Mason C.J., Brennan, Deane, Gaudron and McHugh JJ.) 2, 1986; No. Broadcasting Services (Australian Content in Advertising) Standard 2018 Documentary guidelines Updated licence fee and production budget information for the Australian Content and Children’s Television Standards 2020 will be published on this page each November for the next year. 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. 29, 2013 ComLaw Authoritative Act C2013A00029 . (b) terminate such an appointment at any time. 3, 1994; No. (7) Subsection (4) does not apply to an eligible electronic publication. Conduct of meetings......................................................................... 34, 24V....... Minutes............................................................................................. 35, Division 4—Role of Minister and Prime Minister etc. political matter means any political matter, including the policy launch of a political party. (3) The Board may grant the Managing Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Board determines. 3, 1994; No. (ii) a determination made under subsection 70C(2). (c) in making any other payments that are required by this Act to be made out of the moneys of the Corporation. 24C Nomination Panel not subject to direction. Corporation to have regard to services of the Special Broadcasting Service Corporation, (a) a subscription broadcasting service within the meaning of section 16 of the. Facts. 3, 1994; No. and making etc. (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. (e) having cultural or other interests relevant to the oversight of a public organisation engaged in the provision of broadcasting services. 29, 2013. s. 10.................................... s. 11.................................... s. 12.................................... am. Board means the Australian Broadcasting Corporation Board referred to in section 7. broadcasting service means a service that delivers programs to persons having equipment appropriate for receiving that service, whether the delivery uses the radiofrequency spectrum, cable, optical fibre, satellite or any other means or a combination of those means, but does not include: (a) a service (including a teletext service) that provides no more than data or no more than text (with or without associated still images); or, (b) a service that makes programs available on demand on a point‑to‑point basis, including a dial‑up service; or. In the broadcasts, Mr Laws criticised certain expenditure by the Commonwealth Government of Aboriginal welfare. (4) Subject to subsection (5), the Corporation does not have power: (a) to accept the performance of any service, or the provision of any facility, for the Corporation; or. The Corporation may make broadcasting facilities and staff available to a person for the purpose of providing a broadcasting service under the Broadcasting Services Act 1992. Note: A member of the Nomination Panel may be reappointed: see the Acts Interpretation Act 1901. 121, 1988; No. 2, 1986; No. Accordingly, this compilation does not show the text of the compiled law as modified. (v) open narrowcasting television services; within the meaning of the Broadcasting Services Act 1992; or. digital electronic communications means communications that: (a) are carried by means of guided and/or unguided electromagnetic energy; and. Read more 3. (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. 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 … (c) the Director presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. means an election to a Parliament or a local government authority of a State or Territory. (ii) any article or thing bearing a mark that is associated with any program, concert or entertainment referred to in subparagraph (i). The case of Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 considered the issue of bias and the rule of necessity and whether or not an entire tribunal was disqualified from conducting an enquiry against a radio broadcaster on the basis that some of those members were the subject of a defamation action for statements made about the broadcaster. Application, saving and transitional provisions for provisions and amendments. Regulations and rules........................................................................ means the Australian Communications and Media Authority. (3) A program schedule referred to in paragraph (1)(a) shall be made available at an office of the Corporation on equal terms to the publishers of any newspaper, magazine or journal published in Australia before the publication of the program schedule pursuant to subsection (1). 3, 1994; No. (ii) where the Deputy Chairperson is absent from duty or from Australia or is, for any other reason, unable to act as Chairperson—the Deputy Chairperson ceases to be so absent or becomes able to act as Chairperson. Officers arrived at the public broadcaster's Sydney headquarters with … Legislation. and making etc. Australian Broadcasting Corporation v Lenah Game Meats [2001] 208 CLF 199. 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. i by Australian Museum. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. 67, 1985; No. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. of sound recordings etc. - 170 CLR 70; 64 ALJR 412; 93 ALR 435 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. [2] See for example, Provincial Insurance Australia Pty Ltd v Consolidated Wood Products Pty Ltd (1991) 25 NSWLR 541, 553 and 561. Division 2—Constitution and membership of Nomination Panel. (f) whether in any combination of forms. (c) to encourage and promote the musical, dramatic and other performing arts in Australia. 7 of 1983 - SECT. 24K Disclosure of interests to the Secretary of the Prime Minister’s Department. (h) to do anything incidental to any of its powers. (3) The Nomination Panel must invite written applications by persons seeking to be appointed as a Director referred to in paragraph 12(1)(b) or (c) by advertisements published: (b) in one or more other forms that are readily accessible by potential applicants. (a) the Australian Broadcasting Corporation Advisory Council established under subsection 11(1); or. Broadcasting Services Act 1992 . and making etc. 1) 1986, s 9: 24 June 1986 (s 2(1)) Sch 1: 19 Feb 1986 (s 2(5)), Industrial Relations (Consequential Provisions) Act 1988, Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988, s 39: 14 Dec 1988 (s 2(1)) Sch 2 (Pt I): 1 Jan 1989 (s 2(2) and gaz 1988, No S402), Broadcasting Legislation Amendment Act 1988, s 4–7, 9 and 10: 23 Jan 1989 (s 2(1)) s 8: 4 May 1994 (s 2(2) and gaz 1994, No GN17) s 12 and Sch 1: 15 June 1994 (s 2(2) and gaz 1994, No S212), Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments) Act 1989, Sch (Pt 3): 1 July 1989 (s 2(1) and gaz 1989, No S230), Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991, Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992, s 4: 30 June 1992 (s 2(1)) Sch: 1 July 1990 (s 2(2)), Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, Sch 2 (item 8): 5 Oct 1992 (s 2(1) item 25), Transport and Communications Legislation Amendment Act (No. (4) An employee of the Corporation who is acting as Managing Director shall continue to be paid the remuneration and allowances payable to him or her as such an employee but shall also be paid: (a) so much of any remuneration payable to the Managing Director as exceeds the remuneration that so continues to be paid to the employee; (b) so much of any allowance payable to the Managing Director as exceeds the corresponding allowance that so continues to be paid to the employee; and. A review of recent changes made to family law has found the reforms have negatively affected children from violent and abusive backgrounds. allowance does not include an allowance in the nature of remuneration. 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 Public Governance, Performance and Accountability Act 2013 (see section 12 of that Act). exp = expires/expired or ceases/ceased to have, (md) = misdescribed amendment can be given, Application, saving and transitional provisions, Australian Broadcasting Corporation Act 1983, s 1–4, 7, 9–24, 34, 69 and 83: 1 June 1983 (s 2(1)) Remainder: 1 July 1983 (s 2(2) and gaz 1983, No S124), Statute Law (Miscellaneous Provisions) Act (No. (4) A direction under this section shall be sent by telegraph, or by notice in writing, to the Managing Director. Plan a party by Education Services Australia Ltd. ConCensus by ABC Education. (2) An approval under subsection (1) shall be in writing. 152, 1997; No. (9) For the purposes of this section, if: (b) the credit is obtained in relation to a transaction that is not a routine operational transaction; the Corporation shall be taken to raise money otherwise than by borrowing and the amount of money raised shall be taken to be the amount of the value of the credit obtained. How do you make a polymer bounce? The Corporation may give security over the whole or any part of its land or other assets for: (a) the repayment of money borrowed under section 70A or paragraph 70B(1)(a) and the payment of interest on that money; (b) the payment of amounts (including any interest) that the Corporation is liable to pay in relation to money raised under paragraph 70B(1)(b); or. 105, 1992; No. (2) The resignation takes effect on the day it is received by the Secretary of the Prime Minister’s Department or, if a later day is specified in the resignation, on that later day. The Department’s annual report for a financial year must include a statement in relation to each selection process for the appointment of a Director referred to in paragraph 12(1)(b) or (c) that was completed in that financial year. Radiocommunications Act 1992 (“Radcomms”). Appointment of members.................................................................. 24G....... Acting appointments......................................................................... 24H....... Remuneration.................................................................................... 24J........ Leave................................................................................................. 24K....... Disclosure of interests to the Secretary of the Prime Minister’s Department. Bundaberg Council, a regional government, told Reuters a website it runs received classification as a Google "news source", making it the country's first local government with that accreditation. (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. 28 June 1990 . The law requires Australian ISPs and ICHs to delete content from their servers (Web, Usenet, FTP, etc.) (3) A determination under subsection (2) shall be in writing. other anti-vilification laws. (4A) If an election of a person as the staff‑elected Director is invalid because of a defect or irregularity in connection with that election, the performance of the functions, or the exercise of the powers, of the Board is not affected by anything done, or omitted to be done, by or in relation to that person while he or she purported to be, or to act as, the staff‑elected Director. 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