Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BROADCASTING AND TELEVISION AMENDMENT ACT 1980 No. 143 of 1980 - SECT 6

Holding of inquiries
6. Section 18 of the Principal Act is amended by omitting sub-section (2) and
substituting the following sub-sections:



"(2) The Minister may direct the Tribunal to hold an inquiry in accordance
with this Division into-

   (a)  any matter relating to the operation of this Act;

   (b)  any matter relating to broadcasting services or television services or
        both; or

   (c)  any other matter, being a matter with respect to which the Parliament
        has power to make laws by virtue of paragraph 51 (v) of the
        Constitution, that, in the opinion of the Minister, relates directly
        or indirectly to a matter referred to in paragraph (a) or (b), and may
        direct the Tribunal to make recommendations in relation to that matter
        following the inquiry.



"(2A) A reference in sub-section (2) to a matter shall be read as not
including a reference to-

   (a)  a matter relating to the Commission or the Service or to the affairs
        or operations of the Commission or the Service; or

   (b)  a matter in respect of which the Tribunal is required or permitted to
        hold an inquiry by virtue of any provision of this Act other than sub-
        section (2) or by virtue of section 33 of the
        Broadcasting and Television Amendment  Act 1977 .



"(2B) Where the Tribunal is directed under sub-section (2) to hold an inquiry
into a matter, the Tribunal shall, by notice in the Gazette and in such
newspaper or newspapers as the Tribunal thinks appropriate, invite members of
the public to lodge with the Tribunal, not later than a specified date (not
being earlier than 21 days after the date of publication of the notice in the
Gazette), written submissions relating to that matter.



"(2C) The Tribunal shall, at an inquiry referred to in sub-section (2B), have
regard to any submissions lodged in accordance with that sub-section.



"(2D) In proceedings at an inquiry held by the Tribunal by virtue of a
direction under sub-section (2)-

   (a)  sections 22 and 22AA, sub-section (3) of section 25 and section 25AA
        do not apply; and

   (b)  the persons who appear before the Tribunal, the persons (if any) by
        whom any or all such persons may be represented, the persons (if any)
        by whom any or all of the witnesses may be examined, and (subject to
        section 21AB) the manner and extent to which any or all of the
        witnesses may be examined, are within the absolute discretion of the
        Tribunal.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback