1Short title
This Act may be cited as the Australian Broadcasting Corporation Act 1983.
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This Act may be cited as the Australian Broadcasting Corporation Act 1983.
Part I, Part II (other than sections 5, 6 and 8), Part III and sections 34, 69 and 83 shall come into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
ACMA means the Australian Communications and Media Authority.
advisory committee means an advisory committee established under subsection 11(8).
Advisory Council means:
the Australian Broadcasting Corporation Advisory Council established under subsection 11(1); or
an Advisory Council established under subsection 11(2) in relation to a State, Territory or region.
allowance does not include an allowance in the nature of remuneration.
Australia includes the external Territories.
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 service (including a teletext service) that provides no more than data or no more than text (with or without associated still images); or
a service that makes programs available on demand on a point‑to‑point basis, including a dial‑up service; or
a service, or a class of service, determined by the Minister under paragraph (c) of the definition of broadcasting service in subsection 6(1) of the Broadcasting Services Act 1992.
Chairperson means Chairperson of the Board.
cinematograph film has the same meaning as in the Copyright Act 1968.
commencing day means the day fixed under subsection 2(2).
Corporation means the Australian Broadcasting Corporation referred to in section 5.
datacasting licence has the same meaning as in the Broadcasting Services Act 1992.
datacasting service has the same meaning as in the Broadcasting Services Act 1992.
dealing, in relation to securities, has the meaning given by subsection (2).
Deputy Chairperson means Deputy Chairperson of the Board.
digital electronic communications means communications that:
are carried by means of guided and/or unguided electromagnetic energy; and
involve the use of digital technology.
digital media service has the meaning given by section 3A.
Director means a member of the Board, and includes the Chairperson, the Deputy Chairperson and the Managing Director.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
interest, in relation to money, includes interest on interest payable on that money.
literary material includes books, periodicals, newspapers, magazines, pamphlets, circulars, manuscripts, musical scores, maps, plans, pictures, photographs and prints.
Managing Director means the Managing Director of the Corporation.
national broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
non‑executive Director means a Director other than the Managing Director.
Prime Minister’s Department means the Department of the Prime Minister and Cabinet.
program means a radio program or a television program.
rules means rules under this Act.
securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
senior political staff member means a person included in a class of persons specified in an instrument under subsection (3).
sound recording has the same meaning as in the Copyright Act 1968.
Special Broadcasting Service Corporation means the body corporate preserved and continued in existence as the Special Broadcasting Service Corporation under section 5 of the Special Broadcasting Service Act 1991.
A reference in this Act to dealing with securities includes a reference to:
creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;
creating, selling, purchasing or re‑selling rights or options in respect of securities; and
entering into agreements or other arrangements relating to securities.
The Minister may, by legislative instrument, specify a class of persons for the purposes of the definition of senior political staff member in subsection (1).
For the purposes of this Act, digital media service means:
a service that delivers content to persons having equipment appropriate for receiving that content, where the delivery of the service is by means of digital electronic communications; or
a service that allows end‑users to access content using digital electronic communications;
but does not include:
a broadcasting service; or
a datacasting service.
For the purposes of this section, content means content:
whether in the form of text; or
whether in the form of data; or
whether in the form of speech, music or other sounds; or
whether in the form of visual images (animated or otherwise); or
whether in any other form; or
whether in any combination of forms.
This Act extends to all the external Territories.
The body corporate that was, immediately before the commencing day, in existence by virtue of section 30 of the Broadcasting and Television Act 1942 under the name Australian Broadcasting Commission continues in existence by force of this subsection as a body corporate, under and subject to the provisions of this Act, under the name Australian Broadcasting Corporation.
The Public Governance, Performance and Accountability Act 2013 applies to the Corporation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
The Corporation:
shall have a seal; and
may sue and be sued.
All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Corporation appearing on a document and shall presume that the document was duly sealed.
The functions of the Corporation are:
to provide within Australia innovative and comprehensive broadcasting services of a high standard as part of the Australian broadcasting system consisting of national, commercial and community sectors and, without limiting the generality of the foregoing, to provide:
broadcasting programs that contribute to a sense of national identity and inform and entertain, and reflect the cultural diversity of, the Australian community; and
broadcasting programs of an educational nature;
to transmit to countries outside Australia broadcasting programs of news, current affairs, entertainment and cultural enrichment that will:
encourage awareness of Australia and an international understanding of Australian attitudes on world affairs; and
enable Australian citizens living or travelling outside Australia to obtain information about Australian affairs and Australian attitudes on world affairs; and
to provide digital media services; and
to encourage and promote the musical, dramatic and other performing arts in Australia.
See also section 31AA (Corporation or prescribed companies to be the only providers of Commonwealth‑funded international broadcasting services).
In the provision by the Corporation of its broadcasting services within Australia:
the Corporation shall take account of:
the broadcasting services provided by the commercial and community sectors of the Australian broadcasting system;
the standards from time to time determined by the ACMA in respect of broadcasting services;
the responsibility of the Corporation as the provider of an independent national broadcasting service to provide a balance between broadcasting programs of wide appeal and specialized broadcasting programs;
the multicultural character of the Australian community; and
in connection with the provision of broadcasting programs of an educational nature—the responsibilities of the States in relation to education; and
the Corporation shall take all such measures, being measures consistent with the obligations of the Corporation under paragraph (a), as, in the opinion of the Board, will be conducive to the full development by the Corporation of suitable broadcasting programs.
The functions of the Corporation under subsection (1) and the duties imposed on the Corporation under subsection (2) constitute the Charter of the Corporation.
Nothing in this section shall be taken to impose on the Corporation a duty that is enforceable by proceedings in a court.
If:
the Corporation applies for a datacasting licence; and
the licence is allocated to the Corporation;
then, in addition to the functions conferred on the Corporation under section 6, the Corporation has the function of providing a datacasting service under, and in accordance with the conditions of, the licence.
However, subsection (1) is not intended to impose any obligation on the Corporation, in relation to the provision of such a service, beyond that imposed on the Corporation as holder of such a licence.
There shall be a Board of Directors of the Corporation under the name Australian Broadcasting Corporation Board, which shall be constituted as provided by Part III.
It is the duty of the Board:
to ensure that the functions of the Corporation are performed efficiently and with the maximum benefit to the people of Australia;
to maintain the independence and integrity of the Corporation;
to ensure that the gathering and presentation by the Corporation of news and information is accurate and impartial according to the recognized standards of objective journalism; and
to ensure that the Corporation does not contravene, or fail to comply with:
any of the provisions of this Act or any other Act that are applicable to the Corporation; or
any directions given to, or requirements made in relation to, the Corporation under any of those provisions; and
to develop codes of practice relating to:
programming matters; and
if the Corporation has the function of providing a datacasting service under section 6A—that service;
and to notify those codes to the ACMA.
If the Minister at any time furnishes to the Board a statement of the policy of the Commonwealth Government on any matter relating to broadcasting or digital media services, or any matter of administration, that is relevant to the performance of the functions of the Corporation and requests the Board to consider that policy in the performance of its functions, the Board shall ensure that consideration is given to that policy.
Nothing in subsection (1) or (2) is to be taken to impose on the Board a duty that is enforceable by proceedings in a court.
There shall be a Managing Director of the Corporation, who shall be appointed and hold office as provided by Part III.
The affairs of the Corporation shall, subject to subsection (2), be managed by the Managing Director.
The Managing Director shall, in managing any of the affairs of the Corporation and in exercising any powers conferred on him or her by this Act, act in accordance with any policies determined, and any directions given to him or her, by the Board.
All acts and things done in the name of, or on behalf of, the Corporation by the Managing Director shall be taken to have been done by the Corporation.
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