Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT (No. 2) 1976 No. 187 of 1976 - SECT 15

15. Before section 112 of the Principal Act the following sections are
inserted in Part V:- Functions of Department.
''111C. (1) It shall be the responsibility of the Secretary to the Postal and
Telecommunications Department-

   (a)  to ensure the provision of services by broadcasting stations and
        television stations in accordance with plans for the development of
        the system of broadcasting and television in Australia, being plans
        from time to time approved by the Minister;

   (b)  to ensure that the technical equipment and operation of broadcasting
        stations and television stations are in accordance with standards and
        practices from time to time approved by the Minister;

   (c)  to detect sources of interference, and to prevent and correct
        interference, with the transmission or reception of the programs of
        broadcasting stations and television stations; and

   (d)  to conduct examinations as to the competency of persons to operate the
        technical equipment of broadcasting stations and television stations
        and to charge fees in respect of those examinations.

''(2) In discharging his responsibilities under paragraph (a) of sub-section
(1) in relation to broadcasting stations or television stations, the Secretary
shall consult the Broadcasting Council or, if there is no Broadcasting
Council, he shall consult representatives of those stations. Orders, &c.
''111D. (1) For the purpose of discharging his responsibilities under section
111C, the Secretary to the Postal and Telecommunications Department may,
subject to any directions of the Minister, make such orders, give such
directions and do all such other things as he thinks fit.

''(2) Orders made under sub-section (1)-

   (a)  shall be in writing;

   (b)  shall not be deemed to be Statutory Rules within the meaning of the
        Rules Publication Act 1903; and

   (c)  have the force of law.

''(3) Sections 48, 49 and 49A of the Acts Interpretation Act 1901 apply to
orders made under this section in like manner as they apply to regulations.

''(4) A person shall not contravene or fail to comply with a provision of an
order made under this section that is applicable to him.

''(5) A direction given under this section may be given orally or in writing.

''(6) A direction given orally shall be given to the person required to comply
with the direction and thereupon that person shall comply with the direction.

''(7) Where a direction is given orally, the Secretary shall, within 24 hours
thereafter, record the direction in writing.

''(8) A copy of a direction given in writing shall be served personally (or,
in the case of a corporation, by leaving it at the registered office of the
corporation) or by post on the person required to comply with the direction
and thereupon that person shall comply with the direction.

''(9) Nothing in this section empowers the Secretary to make orders or give
directions relating to matters of program content. Reumneration.
''111E. (1) This section applies to a member, an associate member, a
Commissioner and the general manager of the Commission.

''(2) A person to whom this section applies shall be paid such remuneration as
is determined by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.

''(3) A person to whom this section applies shall be paid such allowances as
are prescribed.

''(4) This section has effect subject to the Remuneration Tribunals Act
1973.''.