Broadcasting Act 1994
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
2A Meanings of "online communication service" and associated terms
2B Amendment of Fourth Schedule
2C Transitional arrangements for former licensable broadcasting service
2D Meaning of "provider" of online communication service
Part 2 PROVISIONS RELATING TO AUTHORITY
3 Directions by Minister
4 Exclusion of liability of Authority for act or default of licensees
Part 3 LICENSING SCHEME
5 Power of Authority to grant licences
6 Codes of Practice
7 Restriction on transfer of licences
Part 4 BROADCASTING SERVICES
8 Licensing of broadcasting services
9 Class licences
10 Modification of broadcasting licence conditions
11 Modification of class licence conditions
12 Suspension or cancellation of broadcasting licence, etc.
13 Compliance with Codes of Practice, etc.
14 Free-to-air broadcasting services
15 Submission of broadcasting material to Authority
16 Directions of Authority
17 Public service broadcasting services
18 General requirements in respect of public service programmes
19 "Must carry" provision
Part 5 BROADCASTING APPARATUS
20 Licensing of broadcasting apparatus
21 Application of certain provisions of Act to broadcasting apparatus licences
Part 6 FREQUENCY PLANNING
22 Frequency planning criteria
23 (Repealed)
24 Separate licence for use of frequency not required
Part 7 BROADCASTING CONDITIONS
25 Transmission area requirements
26 Sharing of facilities
27 Inspection and testing of broadcasting apparatus
28 Provision of building space, etc., by developer or owner of building or land
Part 8 FOREIGN BROADCASTING SERVICES
29 Orders proscribing unacceptable foreign broadcasting services
30 Offence of supporting proscribed foreign broadcasting services
Part 9 DECLARED FOREIGN BROADCASTING SERVICES
31 Declared foreign broadcasting services
Part 10 OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
32 Application of this Part to broadcasting company
33 Special features of broadcasting company
34 Application and interpretation of this section and sections 35 to 42
35 Control of substantial shareholdings in broadcasting companies
36 Control of shareholdings and voting power in broadcasting companies
37 Approval of applications
38 (Repealed)
39 Objection to existing control of broadcasting company
40 Power to make directions
41 Offences, penalties and defences
42 Power to obtain information
43 Funds from foreign source for purposes of certain broadcasting service
44 Broadcasting company owned by foreign source
45 Appeal under this Part
Part 10A ONLINE COMMUNICATION SERVICE REGULATION
Division 1 — Scope and key concepts
45A Purpose
45B Application
45C When content is provided or communicated on online communication service
45D Meaning of "egregious content"
Division 2 — Offences involving egregious content
45E Offence of not stopping egregious content on online communication service
45F Offence of not stopping access to online communication service
45G Defence
45H Section 45H direction
45I Section 45I blocking direction
45J Duty to comply
Division 3 — Regulated online communication services
45K Regulated online communication service
45L Online Code of Practice for regulated online communication service
45M Duty of regulated online communication service provider
45N Regulatory action
45O Procedure for regulatory action under section 45N
Division 4 — Administrative and general provisions
45P Regulations
45Q Incorporation by reference
45R Interface with other laws and civil liability
45S Modification of section 50
45T Interpretation of this Part
Part 11 OFFENCES AND PENALTIES
46 Offences relating to licensable broadcasting services
47 Offences relating to installation, sale, import or possession of broadcasting apparatus
48 Offences relating to unauthorised decoders and unauthorised reception of encrypted programmes
48A Civil action in relation to unauthorised decoders and decoded programmes
49 Offence of hindering employee or agent of Authority
50 Power of Authority to requisition information
51 Power of police officer and other authorised persons against unlicensed broadcasting service or apparatus
52 Power of arrest and search
53 No entitlement to costs or damages
54 Offence against other laws
55 Conduct of proceedings by officers
56 Corporate offenders and unincorporated associations
57 Composition of offences
58 Jurisdiction of court
Part 12 MISCELLANEOUS PROVISIONS
59 Appeal to Minister
60 Exemption
61 Equipment of licensee not subject to distress, etc.
62 International dealings of Authority
63 Government’s right to determine international relations
64 Service of documents
64A Financial penalties, etc., payable to Consolidated Fund
65 Amendment of First, Second and Third Schedules
66 Regulations
67 (Repealed)
68 Transitional and saving provisions
Legislative History
Abbreviations
Comparative Table