Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT (No. 2) 1976 No. 187 of 1976 - SECT 5

5. Division 1 of Part II of the Principal Act is repealed and the following
Division substituted:-

''Division 1-Establishment and Constitution of the Tribunal Establishment of
Tribunal.
''7. (1) There is hereby established a Tribunal by the name of the Australian
Broadcasting Tribunal.

''(2) The Tribunal-

   (a)  is a body corporate, with perpetual succession;

   (b)  shall have a common seal;

   (c)  may sue and be sued under its corporate name; and

   (d)  has power to acquire, hold and dispose of real and personal property.

''(3) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Tribunal affixed to a document and presume
that it was duly affixed. Membership of Tribunal.
''8. (1) The Tribunal shall consist of a Chairman, a Vice-Chairman and at
least one other member but not more than 3 other members.

''(2) The members shall be appointed by the Governor-General as full-time
members.

''(3) A member shall be appointed for such period, not exceeding 5 years, as
is specified in his instrument of appointment, but is eligible for
re-appointment.

''(4) A member shall hold office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the
Governor-General.

''(5) A person who has attained the age of 65 years shall not be appointed or
re-appointed as a member and a person shall not be appointed or re-appointed
as a member for a period that extends beyond the date on which he will attain
the age of 65 years.
''(6) The performance of the functions and the exercise of the powers of the
Tribunal are not affected by reason of-

   (a)  there being a vacancy in the office of Chairman or of Vice-Chairman;
        or

   (b)  the number of members falling below 3 for a period of not more than 6
        months. Financial interests, &c.
''9. A person shall not be appointed as a member if he has a direct or
indirect pecuniary interest in a business carried on in Australia, or in a
body corporate carrying on such a business, being an interest that could be in
conflict with his duties as a member. Acting members.
''10. (1) Where there is or is about to be a vacancy in the office of Chairman
of the Tribunal, the Governor-General may appoint a member to act as Chairman
during the vacancy.

''(2) Where there is or is about to be a vacancy in the office of a member,
other than the Chairman, the Governor-General may appoint a person to act as a
member during the vacancy.

''(3) For the purposes of sub-section (2), there shall be deemed to be a
vacancy in the office of a member at any time when that member is acting as
Chairman in accordance with sub-section (1).

''(4) Subject to sub-section (11), a person appointed to act in accordance
with sub-section (1) or (2) shall not continue so to act for more than 12
months.

''(5) During any period when there is neither a Chairman nor a person
appointed under sub-section (1) or when the Chairman or the person appointed
under sub-section (1) is absent from duty or from Australia or is, for any
other reason, unable to perform the functions of the office of Chairman-

   (a)  the Vice-Chairman shall act as Chairman; or

   (b)  if there is no Vice-Chairman or the Vice-Chairman is not available to
        act as Chairman, the Governor-General may appoint a person (who may be
        a member) to act as Chairman, but any such appointment ceases to have
        effect when the circumstances giving rise to that appointment cease.

''(6) The Governor-General may appoint a person to act as a member during any
period, or during all periods, when a member, other than the Chairman, is
absent from duty or from Australia, is acting as Chairman in accordance with
sub-section (5) or is, for any other reason, unable to perform the functions
of his office.

''(7) The Governor-General may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed under this section;
        and

   (b)  at any time terminate such an appointment.

''(8) The appointment of a person under this section ceases to have effect if
he resigns his appointment by writing under his hand delivered to the
Governor-General.

''(9) At any time when a person is acting as Chairman or as a member in
accordance with this section, he has, and may exercise, all the powers and
shall perform all the functions of the Chairman or a member, as the case may
be, and, if he is not a member, shall be deemed to be a member for the
purposes of sections 15B, 15C and 15D.

''(10) The validity of anything done by a person purporting to act in
accordance with this section shall not be called in question by reason of any
defect or irregularity in or in connexion with his appointment or on the
ground that the occasion for his so acting had not arisen or had ceased.

''(11) Where a person is acting as a member in accordance with sub-section
(2), (5) or (6), the Governor-General may, by reason of a pending inquiry or
other special circumstances, direct that he shall continue so to act after the
circumstances giving rise to his appointment cease until the Governor-General
directs otherwise, but a person shall not continue to act by virtue of a
direction under this sub-section for more than 12 months. Associate members.
''11. (1) Where the Chairman of the Tribunal notifies the Minister that he
considers that the Tribunal should be assisted in relation to a particular
inquiry by an associate member or by such number of associate members as he
specifies, the Governor-General may, subject to sub- section (2), appoint a
person or that number of persons to be an associate member or associate
members of the Tribunal for the purposes of that inquiry, and the associate
member or associate members shall, together with the member or members taking
part in the inquiry, constitute the Tribunal for the purposes of the inquiry
and, in the event of a person so appointed ceasing to be an associate member
before the report is made in relation to the inquiry, the Governor-General
may, if the Chairman so requests, appoint another person to be an associate
member for the purposes of the inquiry.

''(2) Not more than 6 persons shall hold appointments as associate members at
any one time.

''(3) The appointment of an associate member for the purposes of an inquiry
shall be for a period commencing on the day specified in the instrument of his
appointment and ending on the day on which the Tribunal makes its report in
relation to that inquiry.

''(4) An appointment of an associate member shall be on such terms and
conditions (if any) in respect of matters not provided for by this Act as are
determined by the Governor-General.

''(5) A person may be appointed as an associate member for the purposes of an
inquiry notwithstanding that he already holds an appointment or appointments
as an associate member for the purposes of another inquiry or other inquiries.
Acting associate members.
''12. (1) If an associate member is or is about to be absent from duty or from
Australia or is, for any other reason, unable to perform his functions as an
associate member, the Governor-General may, if the Chairman of the Tribunal so
requests, appoint a person to act as an associate member in place of the
associate member, in relation to a particular inquiry, during the absence or
the period of inability.

''(2) The Governor-General may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed under this section;
        and

   (b)  at any time terminate such an appointment.

''(3) The appointment of a person under this section ceases to have effect if
he resigns his appointment by writing under his hand delivered to the
Governor-General.

''(4) At any time when a person is acting as an associate member for the
purposes of a particular inquiry, he has, and may exercise, all the powers and
shall perform all the functions of the associate member in whose place he is
appointed for the purposes of that inquiry and shall be deemed to be an
associate member for the purposes of section 13.

''(5) The validity of anything done by a person purporting to be acting in
accordance with this section shall not be called in question by reason of any
defect or irregularity in or in connexion with his appointment or on the
ground that the occasion for his so acting had not arisen or had ceased.

''(6) Where a person is acting as an associate member for the purposes of a
particular inquiry, the Governor-General may direct that he shall continue so
to act after the circumstances giving rise to his appointment cease until the
Governor-General directs otherwise, but a person shall not continue to act by
virtue of a direction under this sub-section after the making of the report in
relation to the inquiry for the purposes for which he was appointed.
Disclosure of financial interests by associate members.
''13. (1) An associate member shall, to the best of his knowledge, disclose to
the Chairman of the Tribunal any direct or indirect pecuniary interest that he
has or acquires in a business carried on in Australia, or in a body corporate
carrying on such a business, being an interest that could be in conflict with
his duties as an associate member.

''(2) Where an interest is so disclosed to the Chairman and-

   (a)  in the case of an interest in a business-the person carrying on the
        business; or

   (b)  in the case of an interest in a body corporate-that body corporate, is
        concerned in the inquiry for the purposes of which the associate
        member has been appointed, the Chairman shall cause the interest to be
        disclosed to the public.

''(3) Any interest disclosed under sub-section (1), whether or not it is an
interest to which sub-section (2) applies, shall be set out in the report of
the Tribunal in relation to the inquiry. Leave of absence.
''14. The Minister may grant leave of absence to a member or associate member
upon such terms and conditions as to remuneration or otherwise as the Minister
determines. Resignation.
''15. A member may resign his office or an associate member may resign his
appointment by writing under his hand delivered to the Governor-General.
Termination of office.
''15A. (1) The Governor-General may terminate the appointment of a member or
associate member for misbehaviour or physical or mental incapacity.

''(2) If-

   (a)  a member or associate member becomes bankrupt, applies to take the
        benefit of any law for the relief of bankrupt or insolvent debtors,
        compounds with his creditors or makes an assignment of his
        remuneration for their benefit;

   (b)  a member-

        (i)    except with the approval of the Minister, engages in paid
               employment outside the duties of his office;

        (ii)   is absent from duty, except on leave of absence granted by the
               Minister, for 14 consecutive days or for 28 days in any 12
               months; or

        (iii)  becomes a person who by reason of section 9 would not be
               qualified to be appointed as a member; or

   (c)  an associate member fails to comply with section 13, the
        Governor-General may terminate his appointment. Meetings.
''15B. (1) The Tribunal shall hold such meetings as are necessary for the
performance of its functions (other than its functions in relation to
inquiries).

''(2) The Chairman or Vice-Chairman of the Tribunal may convene a meeting.

''(3) At a meeting a quorum is constituted by a majority of the members for
the time being holding office.

''(4) The Chairman shall preside at all meetings at which he is present.

''(5) If the Chairman is not present at a meeting, the Vice-Chairman shall
preside.

''(6) If both the Chairman and the Vice-Chairman are absent from a meeting,
the members present shall elect one of their number to preside.

''(7) Questions arising at a meeting shall be determined by a majority of the
votes of the members present and voting.

''(8) The person presiding at a meeting has a deliberative vote and, in the
event of an equality of votes, also has a casting vote.

''(9) In relation to a time when a person (other than the Vice-Chairman) is
acting as Chairman, references in this section to the Chairman shall be read
as references to that person. Divisions of Tribunal.
''15C. (1) For the purposes of holding an inquiry and making a report and
recommendations, the Tribunal may be constituted by a Division of the Tribunal
consisting of a member or members (who may be or include the Chairman of the
Tribunal) designated by the Chairman of the Tribunal and the associate member
or associate members (if any) appointed for those purposes.

''(2) Where a Division of the Tribunal consists of, or includes, two or more
members, the Chairman of the Tribunal shall designate one of the members to
preside at the inquiry.

''(3) Where a Division of the Tribunal consists of one member and an associate
member or associate members, the member shall preside at the inquiry.
Delegations by Tribunal.
''15D. (1) The Tribunal may, either generally or as otherwise provided by the
instrument of delegation, by writing under its common seal, delegate to a
member any of its powers under this Act, other than this power of delegation
and its power to hold inquiries.

''(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Tribunal.

''(3) A delegation under this section does not prevent the exercise of a power
by the Tribunal. Staff.
''15E. (1) The staff of the Tribunal shall be persons appointed or employed
under the Public Service Act 1922.

''(2) For the purposes of this section, the Chairman of the Tribunal has all
the powers of, or exercisable by, a Permanent Head under the Public Service
Act 1922 so far as those powers relate to the branch of the Australian Public
Service comprising the staff of the Tribunal as if that branch were a separate
Department of the Australian Public Service.

''(3) For the purposes of sub-sections (5) and (6) of section 25 of that Act,
the Chairman shall be deemed to be a Permanent Head.

''(4) The Chairman may exercise his powers of delegation under sub-section (5)
of section 25 of that Act in favour of a member as if the members were
officers for the purposes of that sub-section. Officers' Rights Declaration
Act.
''15F. Where a person appointed as a member was, immediately before his
appointment, an officer of the Australian Public Service or a person to whom
the Officers' Rights Declaration Act 1928 applied-

   (a)  he retains his existing and accruing rights;

   (b)  for the purposes of determining those rights, his service under this
        Act shall be taken into account as if it were service in the
        Australian Public Service; and

   (c)  that Act applies as if this Act and this section had been specified in
        the Schedule to that Act.''.