Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 55

55. (1) Subject to sub-section (2), the Minister may, in his discretion, by
notice published in the Gazette, direct that an inquiry be conducted in
respect of a matter specified in the notice, being a matter that relates to
radiocommunications.

(2) The Minister shall not direct that an inquiry be conducted in respect of a
matter relating to the operation, or proposed operation, of a broadcasting
station or a television station (including a matter relating to the grant,
renewal, suspension or revocation of a licence or permit under the
Broadcasting and Television Act 1942) unless that matter relates to-

   (a)  interference, or risk of interference, to radiocommunications (other
        than the transmission or reception of radio or television programs
        intended for reception by the general public) that is attributable to
        the operation of a broadcasting station or a television station; or

   (b)  interference, or risk of interference, to the transmission or
        reception of radio or television programs intended for reception by
        the general public that is not attributable to the operation of a
        broadcasting station or a television station.

(3) Without limiting the generality of sub-section (1), matters specified in a
notice under that sub-section may relate to-

   (a)  the exercise by the Minister of a power under this Act or an order
        made under section 41;

   (b)  the operation of this Act or an order made under section 41; or

   (c)  the operation of any other law of the Commonwealth in so far as that
        law relates to radiocommunications.

(4) Where the Minister has directed that an inquiry be conducted in respect of
a matter, the Minister may, at any time before he has received a report under
sub-section (11), by notice published in the Gazette, withdraw or vary the
direction.

(5) The Minister shall appoint a person to be a Commissioner for the purposes
of conducting an inquiry and may appoint a person or persons to advise the
Commissioner.

(6) A prescribed officer shall be appointed on either a full-time or a
part-time basis.

(7) A prescribed officer holds office for such period as is specified in his
instrument of appointment.

(8) An appointment of a prescribed officer may be expressed to have effect
either generally or as otherwise provided by the instrument of appointment.

(9) The Minister may-

   (a)  subject to this Act, determine the terms and conditions of appointment
        of a person holding office as a prescribed officer; and

   (b)  terminate such an appointment at any time.

(10) A prescribed officer may resign his office by writing signed by him and
delivered to the Minister.

(11) A Commissioner shall report his findings and recommendations to the
Minister and shall, after so reporting but subject to any direction under
sub-section 58 (2), make public those findings and recommendations.

(12) Where the Minister directs that an inquiry be conducted in respect of a
matter that relates to the exercise of a power conferred on him by this Act or
any order made under section 41-

   (a)  the Minister may exercise that power notwithstanding that he has not
        received the findings and recommendations of the Commissioner; and

   (b)  subject to this Act, in the exercise of that power the Minister may
        have regard to matters other than those findings or recommendations.

(13) Nothing in this Act shall be taken, by implication, to preclude the
direction under this section of an inquiry in respect of a matter that has
been or could be referred to a conciliator under sub-section 46 (1).