australian-broadcasting-corporation-act-1983.pdf, p.7
Cites this Act as the Australian Broadcasting Corporation Act 1983.
1 Short title
australian-broadcasting-corporation-act-1983.pdf, p.75
Conditional commencement of statute law provisions
1 June 1983
australian-broadcasting-corporation-act-1983.pdf, p.78
1 Apr 2005
Compilation date and registration information for Australian Broadcasting Corporation Act 1983
1 June 2006
australian-broadcasting-corporation-act-1983.pdf, p.16
10 Duties of the Managing Director
australian-broadcasting-corporation-act-1983.pdf, p.80
10 Sept
Omnibus Repeal Day (Autumn 2014) Act 2014
The Managing Director must manage the Corporation's affairs.
10(1) Duties of the Managing Director
The Managing Director must act in accordance with policies and directions given by the Board.
10(2) Duties of the Managing Director
All acts and things done by the Managing Director are taken to have been done by the Corporation.
10(3) Duties of the Managing Director
The Managing Director's actions overlap with the Corporation's actions.
(3) All acts and things done in the name of, or on behalf of, the Corporation by the Managing Director.
If the Managing Director does something, then it is as if the Corporation did it.
The Managing Director is a cognitive agent that acts on behalf of the Corporation.
The Managing Director's actions diffuse to the Corporation.
11 Advisory Councils and committees
Commencement of Economic Reform Program Act 1999
11 Nov
11(1) Advisory Councils and committees
The Board must establish an Advisory Council.
Create obligation to establish Advisory Council
11(2) Advisory Councils and committees
The Advisory Council advises the Board on matters relating to broadcasting programs.
11(3) Advisory Councils and committees
Advisory Council must advise on broadcasting programs
11(4) Advisory Councils and committees
11(5) Advisory Councils and committees
The Board must include a broad representation of the Australian community in the Advisory Council membership.
11(6) Advisory Councils and committees
The Board must include a broad representation of the Australian community.
Appointment of Chairperson and Deputy Chairperson for Advisory Councils
11(7) Advisory Councils and committees
Establishment of advisory committees by the Board.
11(8) Advisory Councils and committees
The Board may determine certain procedures for Advisory Councils and committees.
11(9) Advisory Councils and committees
The Board may determine certain procedures.
australian-broadcasting-corporation-act-1983.pdf, p.19
12 Membership of Board
australian-broadcasting-corporation-act-1983.pdf, p.77
Statute Law Revision Act 1996, section 43
12 Apr
Conditional commencement of Electoral Legislation Amendment (Authorisations) Act 2022
12 Dec
12(1) Membership of Board
The Managing Director, Chairperson, and staff-elected Director are members during the Board's existence.
If the Board exists, then it has these three types of members.
The Managing Director, Chairperson, and staff-elected Director are members.
Director must be appointed by Governor-General for a part-time basis not exceeding 5 years.
12(2) Membership of Board
is appointed for such period, not exceeding 5 years
Director's appointment period is between 5 years and the specified period
(2) A Director referred to in paragraph (1)(b) or (c)
shall be appointed by the Governor-General
holds office on a part-time basis for such period, not exceeding 5 years
Must hold office on a part-time basis not exceeding 5 years
holds office on a part-time basis for such period, not exceeding 5 years, subject to sections 16 and 18
Director must be re-appointed subject to sections 16 and 18
12(2A) Membership of Board
Describes the temporal relationship between office holding periods
(2A) The sum of the periods for which a person holds either or both of...
...the following offices must not exceed 10 years:
Prohibits exceeding 10 years of holding certain offices
...the person cannot hold office as Chairperson again and cannot hold office as a Director referred to in paragraph (1)(c).
Prohibits holding office as Chairperson again after exceeding 5-year term
Example 1:Assume a person holds office as Chairperson for an initial period of 5 years...
...the person may now hold office as Chairperson, or as a Director referred to in paragraph (1)(c), for a maximum period of 2 years.
Prohibits holding office as Director after exceeding 5-year term
Example 2:Assume a person holds office as a Director referred to in paragraph (1)(c) for a period of 5 years...
Governor-General must appoint a Deputy Chairperson.
12(3) Membership of Board
The Governor-General MUST appoint one of the non-executive Directors to be the Deputy Chairperson of the Board.
(3) The Governor-General shall appoint one of the non-executive Directors to be the Deputy Chairperson of the Board.
australian-broadcasting-corporation-act-1983.pdf, p.22
13 Tenure of Managing Director
australian-broadcasting-corporation-act-1983.pdf, p.79
13 Apr
The Managing Director must be appointed by the Board for a period of 5 years.
13(1) Tenure of Managing Director
The Managing Director must be appointed by the Board.
13(2) Tenure of Managing Director
The re-appointment period is an interval of at most 5 years.
(2) Where the person holding office as Managing Director is re-appointed, the re-appointment shall be for a period not exceeding 5 years.
The re-appointment period must be fixed at 5 years or less by an artificial intelligence system.
The re-appointment period must not exceed 5 years.
The re-appointment period must diffuse into the future with a maximum duration of 5 years.
The re-appointment period must be fixed at 5 years or less.
Terms and conditions for Managing Director's office
13(3) Tenure of Managing Director
13A Staff-elected Director
Staff-elected Director must be elected in accordance with regulations.
13A(1) Staff-elected Director
Must provide information about election process.
Eligibility criteria for staff-elected Director
13A(2) Staff-elected Director
Eligibility criteria overlaps with contract duration
(a) the person is an employee of the Corporation who, by the terms of his or her employment, is required to devote at least 22 hours a week to the duties of that employment; or (b) the person (the relevant person) performs services for the Corporation, under the direction and control of the Managing Director or an employee of the Corporation, under:
Staff-elected Director has obligation to devote time to duties
(2) A person is eligible to be a candidate for election, and to hold office, as the staff-elected Director if:
Staff-elected Director has obligation to perform services under contract
(b) the person (the relevant person) performs services for the Corporation, under the direction and control of the Managing Director or an employee of the Corporation, under:
Eligibility criteria occurs before contract commencement
If a person ceases to be eligible for election, the election must proceed as if they were not a candidate.
13A(3) Staff-elected Director
Election must proceed as if they were not a candidate
Temporal interval of person's eligibility
Person ceases to be eligible for election
Implication of person's eligibility on election outcome
13A(4) Staff-elected Director
(4) A person who is eligible to be a candidate for election as the staff-elected Director is eligible to vote at the election.
Term of office for staff-elected Director
13A(5) Staff-elected Director
Staff-elected Director cannot be elected again.
13A(6) Staff-elected Director
(6) A person who has been elected as the staff-elected Director at 2 elections is not eligible for election at any other election of the staff-elected Director.
australian-broadcasting-corporation-act-1983.pdf, p.24
14 Remuneration and allowances
australian-broadcasting-corporation-act-1983.pdf, p.76
Conditional commencement of Sch 2 (Pt I)
14 Dec
14 Sept
The Managing Director shall be paid remuneration as determined by the Remuneration Tribunal.
14(1) Remuneration and allowances
The Managing Director has an obligation to be paid remuneration.
The Corporation must pay non-executive Directors remuneration determined by the Remuneration Tribunal.
14(2) Remuneration and allowances
The Corporation must pay non-executive Directors remuneration during the specified time frame.
Remuneration payment is within a specific time frame
Non-executive Directors are paid remuneration between certain dates.
The Corporation must pay non-executive Directors remuneration.
Remuneration payment is a result of CogAI processing
Non-executive Directors receive remuneration from the Corporation's AI system.
The Corporation is required to pay non-executive Directors remuneration.
Remuneration payment is a result of diffusion
Non-executive Directors receive remuneration from the Corporation.
Remuneration payment is validated by SHACL
Non-executive Directors' remuneration is verified against SHACL rules.
Pay allowances to Managing Director and non-executive Directors
14(3) Remuneration and allowances
14A Leave of absence of Managing Director
The Managing Director has recreation leave entitlements determined by the Remuneration Tribunal.
14A(1) Leave of absence of Managing Director
The Managing Director has an obligation.
The Managing Director must obtain approval from the Board to take recreation leave.
14A(2) Leave of absence of Managing Director
The Managing Director must obtain approval.
The Board may grant the Managing Director leave of absence.
14A(3) Leave of absence of Managing Director
15 Leave of absence
Grant leave of absence to Chairperson under certain conditions.
15(1) Leave of absence
Grant leave to non-executive Directors under certain conditions.
15(2) Leave of absence
References to Chairperson shall be construed as references to Director acting as Chairperson.
15(3) Leave of absence
australian-broadcasting-corporation-act-1983.pdf, p.25
Non-executive Directors must resign by writing signed and delivered to the Governor-General.
16 Resignation of non-executive Directors
16 Oct
Conditional commencement of Act 2015 on October 17, 2014
Requires a relation between identifiable temporal intervals for conditional commencement
17 Disclosure of interests
Duty on Australian Broadcasting Corporation Amendment Act 2006
Imposes a duty on the Australian Broadcasting Corporation Amendment Act 2006
Conditional commencement of Sch 1 (items 6–8, 15)
17 Feb
Member of Advisory Council or committee must disclose pecuniary interest.
17(3) Disclosure of interests
Member cannot be present during deliberation or take part in decision regarding disclosure of interests.
17(4) Disclosure of interests
australian-broadcasting-corporation-act-1983.pdf, p.1
Includes amendments up to Act No. 4, 2022
18 February 2022
18 Removal from office of non-executive Directors
The Governor-General may remove a non-executive Director from office for misbehaviour or physical or mental incapacity.
18(1) Removal from office of non-executive Directors
Prohibition on certain actions by non-executive Directors and staff-elected Directors
18(2) Removal from office of non-executive Directors
References sections 3–15, 18, and schedules 1 and 2.
18 Jan 1994
18 Jan 1994 (s 2)
australian-broadcasting-corporation-act-1983.pdf, p.26
If Chairperson is absent, Deputy Chairperson or Governor-General must act as Chairperson.
19 Acting Chairperson
Amendment by Statute Law (Miscellaneous Provisions) Act (No. 1) 1986
19 Feb
Transition provisions and consequential amendments for Telecommunications Act 1991
19 June
Deputy Chairperson or Governor-General must act as Chairperson
Chairperson absence overlaps with Deputy Chairperson and Governor-General availability
If Chairperson is absent, Deputy Chairperson or Governor-General must act
Deputy Chairperson or Governor-General must act
Chairperson absence spreads to Deputy Chairperson and Governor-General availability
2 Commencement
Conditional commencement of Telecommunications Amendment Act 1988
2 Dec 1988
2(1) Commencement
Commencement provision specifying a future date for the Act's operation.
2(2) Commencement
20 Acting Managing Director
The Board may appoint a person to act as Managing Director during a vacancy or when the Managing Director is absent.
20(1) Acting Managing Director
Determine terms and conditions of appointment for Managing Director
20(3) Acting Managing Director
Establishes obligation to determine terms and conditions
Employee must be paid additional remuneration and allowances when acting as Managing Director.
20(4) Acting Managing Director
Must be paid additional remuneration and allowances when acting as Managing Director
Temporal overlap: Employee must be paid additional remuneration and allowances when acting as Managing Director
Employee is acting as Managing Director at some point in time
Implication: Employee must be paid additional remuneration and allowances when acting as Managing Director
Employee is an employee of the Corporation
Cognitive agent: Employee must be paid additional remuneration and allowances when acting as Managing Director
Must be paid additional remuneration and allowances
Obligation to pay additional remuneration and allowances
Diffusion: Employee must be paid additional remuneration and allowances when acting as Managing Director
Resignation requirement for Managing Director appointment
20(6) Acting Managing Director
Appointment cessation due to resignation
Reference to Managing Director construed as reference to acting person
20(8) Acting Managing Director
australian-broadcasting-corporation-act-1983.pdf, p.28
21 Acting non-executive Directors
Consequential and Transitional Amendment Act 1999
21 Dec
Governor-General may appoint acting non-executive Director in absence or inability.
21(1) Acting non-executive Directors
Governor-General may determine terms and conditions of appointment and terminate at any time.
21(2) Acting non-executive Directors
Governor-General has the power to determine terms and conditions of appointment.
Non-executive Directors must be paid the same remuneration and allowances as executive Directors.
21(3) Acting non-executive Directors
State must provide remuneration and allowances
21(7) Acting non-executive Directors
Non-executive Director does not include staff-elected Director
Staff-elected Director is excluded from non-executive Director
22 Meetings of the Board
Statute Law (Miscellaneous Provisions) Act (No. 1)
22 Nov
Consequential and Transitional Provisions
22 Feb
Conditional commencement of Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act
22 Sept
Chairperson must convene meetings of the Board as necessary and on written request from Directors.
22(1) Meetings of the Board
Chairperson has a duty to convene meetings.
Meetings of the Board must be held at places determined by the Chairperson.
22(2) Meetings of the Board
Chairperson must preside at meetings of the Board when present.
22(3) Meetings of the Board
Deputy Chairperson must preside in absence of Chairperson.
22(4) Meetings of the Board
Directors must elect a presiding Director in the absence of the Chairperson and Deputy Chairperson.
22(5) Meetings of the Board
The absence of both Chairperson and Deputy Chairperson creates a gap in leadership.
A meeting can only take place between the presence of two Directors.
No other Director is available to act as Chairperson.
Directors must elect a presiding Director.
Another Director is not present to act as Chairperson.
Directors present must elect a presiding Director.
Another Director is acting as Chairperson.
The Director may give directions regarding procedure at a meeting.
22(6) Meetings of the Board
22(7) Meetings of the Board
During Board meetings, a quorum is required
Prevents Managing Director from participating in Board decisions regarding employment terms.
22(8) Meetings of the Board
22(9) Meetings of the Board
Compilation information and notes on amendments.
23 February 2022
australian-broadcasting-corporation-act-1983.pdf, p.30
23 Delegation by Corporation
The Corporation may delegate its powers under this Act to a Director or an employee.
23(1) Delegation by Corporation
Delegation of power is deemed to have been exercised by the Corporation.
23(2) Delegation by Corporation
Exercise of delegated power implies Corporation's exercise
Exercise of power by Corporation not prevented by delegation.
23(3) Delegation by Corporation
The delegation overlaps with the exercise of power
Delegation and exercise of power overlap in time
(3) A delegation of a power under this section does not prevent the exercise of the power by the Corporation.
The Corporation must exercise its power.
The exercise of power is conjunction with the delegation
Exercise of power and delegation are independent
A reference to a Director includes a person acting as a Director.
23(4) Delegation by Corporation
Conditional commencement of Transport and Communications Legislation Amendment Act (No. 3) 1992
23 Mar
Requires relation between identifiable temporal intervals for conditional commencement
Conditional commencement is specified as October 5, 1992
24 Delegation by Managing Director
24 June
Conditional commencement of Australian Broadcasting Corporation Amendment Act 1993
24 Dec
24 Oct
Conditional commencement of Broadcasting Legislation Amendment Act 2001
24 Nov
24 July
The Managing Director may delegate powers to an employee.
24(1) Delegation by Managing Director
Delegation of power by Managing Director
24(2) Delegation by Managing Director
Exercise of power by Managing Director not prevented by delegation.
24(3) Delegation by Managing Director
The exercise of power and delegation do not overlap.
Delegation and exercise of power do not overlap in time.
(3) A delegation under this section does not prevent the exercise of a power by the Managing Director.
The Managing Director can still exercise their power.
Exercise of power not prevented by delegation.
The delegation affects the Managing Director's power.
Delegation diffuses to the Managing Director's power.
The delegation ends when the power is exercised.
Delegation is until the exercise of power.
australian-broadcasting-corporation-act-1983.pdf, p.32
24A Establishment
24B Functions
The Nomination Panel has specific functions to conduct a selection process for Director appointments.
24B(1) Functions
Assessment of applicants for appointment as a Director must be based on merit.
24B(2) Functions
Nomination Panel must invite written applications from persons seeking to be appointed as a Director.
24B(3) Functions
Nomination Panel must invite written applications
Nomination Panel may conduct one selection process for certain appointments.
24B(4) Functions
australian-broadcasting-corporation-act-1983.pdf, p.34
The Nomination Panel is not subject to direction by or on behalf of the Government.
24C Nomination Panel not subject to direction
australian-broadcasting-corporation-act-1983.pdf, p.35
Privileges and immunities of the Crown in right of the Commonwealth
24D Nomination Panel has privileges and immunities of the Crown
Nomination Panel's privileges and immunities exist during the Commonwealth's existence.
Temporal relationship: Nomination Panel's privileges and immunities during the Commonwealth's existence
The Nomination Panel has the privileges and immunities of the Crown in right of the Commonwealth.
Nomination Panel has the privileges and immunities of the Crown in right of the Commonwealth.
The Nomination Panel has the privileges and immunities of the Crown.
The Nomination Panel has a right in the Commonwealth.
There is an obligation to respect the Nomination Panel's privileges and immunities.
australian-broadcasting-corporation-act-1983.pdf, p.36
The Nomination Panel must consist of at least 2 and not more than 3 members.
24E Membership
24F Appointment of members
A member of the Nomination Panel must be appointed by the Secretary of the Prime Minister’s Department.
24F(1) Appointment of members
Member must hold office on a part-time basis.
24F(2) Appointment of members
The part-time basis implies an interval of time.
(2) A member holds office on a part-time basis.
The part-time basis implies a cognitive load or workload.
A member must hold office on a part-time basis.
The part-time basis implies diffusion of work or responsibilities.
The part-time basis implies an ordered or recurring trace.
Member must hold office for a specified period not exceeding 3 years.
24F(3) Appointment of members
The member's term must be during a specified period not exceeding 3 years.
Member's term is during a specified period
(3) A member holds office for the period specified in the instrument of appointment.
The member must hold office for a specified period not exceeding 3 years.
Secretary must give notice on website of each person appointed to Nomination Panel.
24F(4) Appointment of members
24G Acting appointments
The Secretary of the Prime Minister’s Department may appoint a member of the Nomination Panel to act as Chair.
24G(1) Acting appointments
The Secretary of the Prime Minister’s Department may appoint a person to act as a member.
24G(2) Acting appointments
australian-broadcasting-corporation-act-1983.pdf, p.37
24H Remuneration
Member of Nomination Panel must be paid remuneration determined by Remuneration Tribunal.
24H(1) Remuneration
Member of Nomination Panel must be paid allowances prescribed by regulations.
24H(2) Remuneration
Remuneration subject to the Remuneration Tribunal Act 1973.
24H(3) Remuneration
24J Leave
The Secretary of the Prime Minister's Department may grant leave on terms and conditions determined by the Secretary.
24J(1) Leave
24J(2) Leave
australian-broadcasting-corporation-act-1983.pdf, p.38
Member must disclose interests to Secretary of Prime Minister’s Department.
24K Disclosure of interests to the Secretary of the Prime Minister’s
24L Disclosure of interests to the Nomination Panel
Member of Nomination Panel must disclose interest to the panel.
24L(1) Disclosure of interests to the Nomination Panel
Member of Nomination Panel must disclose interest.
Member must disclose interests to the Nomination Panel as soon as possible after knowledge of relevant facts.
24L(2) Disclosure of interests to the Nomination Panel
Disclosure implies knowledge of relevant facts.
Disclosure must occur at a specific point in time.
24L(3) Disclosure of interests to the Nomination Panel
24M Resignation
Member of Nomination Panel must provide written resignation to Secretary.
24M(1) Resignation
Member of Nomination Panel must provide written resignation.
Resignation takes effect on specified day
24M(2) Resignation
24N Termination of appointment
The Secretary of the Prime Minister's Department may terminate an appointment.
24N(1) Termination of appointment
Termination of appointment under certain conditions.
24N(2) Termination of appointment
Absence from 3 consecutive meetings without leave constitutes a condition for termination.
Temporal interval for absence from meetings.
b) the member is absent, except on leave of absence, from 3 consecutive meetings...
Failure to comply with disclosure of interests implies termination.
Implication of failure to comply with disclosure of interests.
c) the member fails, without reasonable excuse, to comply with section 24K or 24L...
Prohibition on termination under certain conditions.
Conditions for termination diffuse across multiple scenarios.
Diffusion of conditions for termination.
australian-broadcasting-corporation-act-1983.pdf, p.39
Terms and conditions for Nomination Panel members
24P Other terms and conditions
australian-broadcasting-corporation-act-1983.pdf, p.40
24Q Holding of meetings
The Nomination Panel must hold meetings as necessary for the performance of its functions.
24Q(1) Holding of meetings
The meeting necessity contains a temporal interval.
Meeting necessity implies temporal interval
(1) The Nomination Panel is to hold such meetings as are necessary for the performance of its functions.
The meeting necessity enforces the Nomination Panel's action.
Meeting necessity enforces Nomination Panel action
The Nomination Panel MUST hold meetings as necessary for the performance of its functions.
The meeting necessity applies to the Nomination Panel.
Meeting necessity applies to Nomination Panel
If a meeting is necessary, then the Nomination Panel MUST perform it.
The Chair may convene a meeting at any time.
24Q(2) Holding of meetings
24R Presiding at meetings
Chair presides at meetings when present.
24R(1) Presiding at meetings
Members must appoint a presider if the Chair is absent.
24R(2) Presiding at meetings
3 members constitute a quorum at a meeting of the Nomination Panel.
24S Quorum
24T Voting at meetings
Majority vote required for decision at meetings
24T(1) Voting at meetings
The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
24T(2) Voting at meetings
The person presiding at a meeting has a deliberative vote.
Regulate proceedings at meetings as considered appropriate.
24U Conduct of meetings
australian-broadcasting-corporation-act-1983.pdf, p.41
24V Minutes
australian-broadcasting-corporation-act-1983.pdf, p.42
24W Selection criteria
Minister must determine selection criteria for Director appointment
24W(1) Selection criteria
Obligation to determine selection criteria
Minister may provide additional selection criteria for an appointment.
24W(2) Selection criteria
Permission to provide additional criteria
A notice under subsection (2) is not a legislative instrument.
24W(3) Selection criteria
24X Consultation, and selection of candidate not nominated by
Consultation with Leader of Opposition before recommending Chairperson
24X(1) Consultation, and selection of candidate not nominated by
Reasons for appointment, including assessment against selection criteria
Table reasons for appointment of non-nominated Chairperson
24X(2) Consultation, and selection of candidate not nominated by
Minister must inform Prime Minister of appointment decision
24X(3) Consultation, and selection of candidate not nominated by
Minister has a duty to inform Prime Minister
Minister must provide reasons for appointment within 15 sitting days
24X(4) Consultation, and selection of candidate not nominated by
australian-broadcasting-corporation-act-1983.pdf, p.43
Annual report must include statement on selection process for Director appointment.
24Y Department’s annual report
australian-broadcasting-corporation-act-1983.pdf, p.44
25 General powers of Corporation
25 Nov
Transition provisions and consequential amendments for Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
25 Oct
25(1) General powers of Corporation
Has power to do all things necessary or convenient
Is a general provision for the Corporation's powers
No power to accept payment for broadcasting announcements.
25(3) General powers of Corporation
Prohibits accepting payments for broadcasting.
The Corporation cannot accept certain services or facilities.
25(4) General powers of Corporation
The Corporation may accept services, facilities, or payment from the Commonwealth, a State, or a Territory.
25(5) General powers of Corporation
Permission to accept services, facilities, or payment.
australian-broadcasting-corporation-act-1983.pdf, p.46
25A Power to form companies etc.
Authorized business and prescribed company definitions.
25A(1) Power to form companies etc.
Prescribed company means a company that carries on, or proposes to carry on, an authorized business.
Authorized business means a business or other activity...
The Corporation may form, participate in formation of, acquire shares, enter into partnership or arrangement, and provide assistance for a prescribed company.
25A(2) Power to form companies etc.
May form or participate in formation of a company.
Power to terminate agreement if prescribed company ceases to be prescribed.
25A(4) Power to form companies etc.
The termination of the agreement overlaps with the cessation of the prescribed company.
Temporal overlap: termination of agreement overlaps with cessation of prescribed company.
If the prescribed company ceases to be a prescribed company, then the Corporation may terminate the agreement.
Implication: termination of agreement implies cessation of prescribed company.
The prescribed company is an entity that can be terminated.
Entity: prescribed company is an entity that can be terminated.
The Corporation may terminate the agreement.
The termination of the agreement is different from the cessation of the prescribed company.
Difference: termination of agreement differs from cessation of prescribed company.
The Minister may give directions to the Corporation regarding its interest in a company.
25A(5) Power to form companies etc.
The Corporation must comply with directions.
25A(6) Power to form companies etc.
australian-broadcasting-corporation-act-1983.pdf, p.47
The Corporation may enter into contracts to reduce financial risks.
25B Hedging contracts etc.
australian-broadcasting-corporation-act-1983.pdf, p.48
Corporation must have regard to services of the Special Broadcasting Service Corporation.
26 Corporation to have regard to services of the Special
Listing of amendments and transitional provisions
26 Dec
Conditional commencement on July 1, 2008
26 May
Must consider services of the Special Broadcasting Service Corporation.
australian-broadcasting-corporation-act-1983.pdf, p.49
27 News services
Commencement of Special Broadcasting Service Act 1991
27 June
The Corporation shall develop and maintain an independent service for the broadcasting of news and information.
27(1) News services
News and information relating to current events within and outside Australia.
Daily news broadcasts from each broadcasting service.
27(2) News services
Daily news broadcasts contain current events information.
The Managing Director must ensure adequate employees for news collection.
27(3) News services
The Corporation may procure news and information from external sources.
27(4) News services
Permission to procure news and information.
Exemptions from subsection (2) for certain broadcasting services.
27(5) News services
Granting permission to certain services.
The Minister may specify a service for the purposes of subsection (5).
27(6) News services
Corporation may perform certain functions
28 Orchestras, bands, concerts etc.
australian-broadcasting-corporation-act-1983.pdf, p.50
29 Publication of journals etc. and making etc. of sound recordings
Consequential and transitional provisions for Public Governance, Performance and Accountability Act 2014
29 June
The Corporation must compile, prepare, issue, circulate and distribute literary material.
29(1) Publication of journals etc. and making etc. of sound recordings
The Corporation must perform certain actions.
Determine charges payable for matters or activities
29(2) Publication of journals etc. and making etc. of sound recordings
Make program schedule available on equal terms to publishers of Australian newspapers, magazines or journals.
29(3) Publication of journals etc. and making etc. of sound recordings
Defines what constitutes a mark for publication purposes.
29(4) Publication of journals etc. and making etc. of sound recordings
australian-broadcasting-corporation-act-1983.pdf, p.51
Corporation may provide broadcasting facilities and staff for a person to provide a broadcasting service.
29A Broadcasting facilities may be made available
Facilities and staff are available during broadcasting service
Service provision implies availability of facilities and staff
Availability implies provision of service
3 Interpretation
3 July 1985 (s 2(1))
3 May 1997
Conditional commencement of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992
30 June
30 Mar
31 Advertisements
The Corporation shall not broadcast advertisements.
31(1) Advertisements
Permits Corporation to broadcast certain announcements and programs under specified conditions.
31(2) Advertisements
Exemptions from subsection (1) for international broadcasting
31(3) Advertisements
australian-broadcasting-corporation-act-1983.pdf, p.53
Only Commonwealth-funded international broadcasting services can be provided by the Corporation or prescribed companies.
31AA Corporation or prescribed companies to be the only providers
Defines temporal interval for provision of international broadcasting services.
(a) the Corporation; or (b) a prescribed company (within the meaning of section 25A);
Implicates that only the Corporation or prescribed companies can provide Commonwealth-funded international broadcasting services.
The contract or arrangement is for the provision of international broadcasting services;
Classifies entities that can provide Commonwealth-funded international broadcasting services using artificial intelligence.
The Corporation; or a prescribed company (within the meaning of section 25A);
Prohibits provision of international broadcasting services by entities other than the Corporation or prescribed companies.
Propagates prohibition on provision of international broadcasting services by entities other than the Corporation or prescribed companies.
if the contract or arrangement: is for the provision of international broadcasting services;
australian-broadcasting-corporation-act-1983.pdf, p.54
31B Matters to be included in corporate plans
Corporate plan must outline strategies and policies, forecast revenue and expenditure, and include other prescribed matters.
31B(1) Matters to be included in corporate plans
Corporate plan must not include certain matters
31B(2) Matters to be included in corporate plans
31B(3) Matters to be included in corporate plans
subsidiary is a prescribed company within the meaning of section 25A
Definition of subsidiary for application of section 35
31B(4) Matters to be included in corporate plans
Must provide corporate plan to Minister upon revision
31C Corporate plans to be given to Minister
australian-broadcasting-corporation-act-1983.pdf, p.56
32 Staff of Corporation
Employment of employees necessary for performance of functions and exercise of powers.
32(1) Staff of Corporation
Terms and conditions of employment determined by the Corporation.
32(2) Staff of Corporation
The Corporation determines the duration of the terms and conditions of employment.
Terms and conditions are in effect during the period determined by the Corporation.
(2) The terms and conditions of employment shall be determined by the Corporation.
The Corporation implies that the terms and conditions of employment must be followed.
If the Corporation determines the terms and conditions, then they must be followed.
The Corporation recognizes its authority to determine the terms and conditions of employment.
The Corporation recognizes its authority to determine terms and conditions.
The Corporation determines the terms and conditions of employment.
Determining terms and conditions of employment.
The Corporation diffuses its determination of the terms and conditions of employment.
The Corporation diffuses its determination of terms and conditions to employees.
33 The Corporation is to achieve and maintain high standards as an
australian-broadcasting-corporation-act-1983.pdf, p.10
3A Digital media service
3A(1) Digital media service
Service is a superclass of digital media service
Digital media service is a subclass of service
Defines content for digital media service
3A(2) Digital media service
australian-broadcasting-corporation-act-1983.pdf, p.11
The Act extends to all external Territories.
4 Extension to external Territories
australian-broadcasting-corporation-act-1983.pdf, p.12
5 Australian Broadcasting Corporation
Amendment to s 71(2) of the Australian Broadcasting Corporation Act 1983
5 June 1985
Conditional commencement of Broadcasting and Television Legislation Amendment Act 1986
Conditional commencement of Electoral and Other Legislation Amendment Act 2017
5 Mar 2015
Continuation of Australian Broadcasting Corporation
5(1) Australian Broadcasting Corporation
5(2) Australian Broadcasting Corporation
All courts, judges and persons acting judicially must take judicial notice of the seal of the Corporation.
5(3) Australian Broadcasting Corporation
The document was sealed during the time the judicial notice is taken.
Temporal relation between judicial notice and document sealing
The seal of the Corporation appears on a document.
The artificial intelligence system must apply the obligation to all relevant parties.
Artificial intelligence application of the obligation
All courts, judges and persons acting judicially take judicial notice of the seal of the Corporation.
All courts, judges and persons acting judicially must take judicial notice.
The seal of the Corporation is a mark of authenticity.
The information about the seal of the Corporation is diffused to all relevant parties.
Diffusion of information about the seal of the Corporation
The seal of the Corporation must be validated using SHACL.
Validation of the seal of the Corporation using SHACL
6 Charter of the Corporation
Conditional commencement of legislation amendment act
6 Apr 2001
Provide innovative and comprehensive broadcasting services of a high standard.
6(1) Charter of the Corporation
(i) broadcasting programs that contribute to a sense of national identity and inform and entertain, and reflect the cultural diversity of, the Australian community;
(ii) broadcasting programs of an educational nature; Establishment, functions and management of the Corporation Part II Section 6 Australian Broadcasting Corporation Act 1983
(i) encourage awareness of Australia and an international understanding of Australian attitudes on world affairs;
The Corporation must take account of certain factors when providing broadcasting services.
6(2) Charter of the Corporation
The Corporation must take account of certain factors.
australian-broadcasting-corporation-act-1983.pdf, p.57
67 Moneys of the Corporation
Moneys must be appropriated by Parliament for the Corporation's purposes.
67(1) Moneys of the Corporation
Directions for payment amounts and times
67(2) Moneys of the Corporation
68 Application of money
Money must be applied only to specified purposes.
68(1) Application of money
Investment of money not immediately required is permitted under section 59.
68(2) Application of money
australian-broadcasting-corporation-act-1983.pdf, p.14
6A Datacasting functions
Corporation must provide datacasting service under licence conditions.
6A(1) Datacasting functions
Corporation has obligation to provide datacasting service.
No obligation to provide datacasting service beyond licence requirements.
6A(2) Datacasting functions
Establishment of Australian Broadcasting Corporation Board
7 Establishment of Australian Broadcasting Corporation Board
70A Borrowing from Commonwealth
The Finance Minister may lend money to the Corporation on behalf of the Commonwealth.
70A(1) Borrowing from Commonwealth
The lending event occurs before the borrowing event.
Temporal relation between lending and borrowing
(1) The Finance Minister may, on behalf of the Commonwealth, lend money to the Corporation.
The Finance Minister lends money to the Corporation because it is in the best interest of the Commonwealth.
The artificial intelligence system can analyze the lending decision made by the Finance Minister.
The Finance Minister may lend money to the Corporation.
Permission granted by the Finance Minister
The information that the Finance Minister lends money to the Corporation spreads through the community.
The Finance Minister determines the terms and conditions for lending money.
70A(2) Borrowing from Commonwealth
There is an obligation to lend money on these terms.
The Finance Minister determines the terms and conditions.
70A(3) Borrowing from Commonwealth
Obligation to provide written determination
australian-broadcasting-corporation-act-1983.pdf, p.58
70B Borrowings otherwise than from Commonwealth
The Corporation may borrow money from someone other than the Commonwealth with approval.
70B(1) Borrowings otherwise than from Commonwealth
The key 'sec-70b-ss-1' specifies a temporal interval.
(1) The Corporation may, with the approval of the Finance Minister:
The key 'sec-70b-ss-1' implies that borrowing money from someone other than the Commonwealth is allowed.
The key 'sec-70b-ss-1' uses knowledge representation.
Permission to borrow money from someone other than the Commonwealth.
The key 'sec-70b-ss-1' propagates a permission.
Definition of routine operational transaction
70B(10) Borrowings otherwise than from Commonwealth
The definition applies during the day-to-day operations of the Corporation.
Definition applies during day-to-day operations
The definition applies during a cognitive process of the day-to-day operations of the Corporation.
Definition applies during cognitive process
routine operational transaction means a transaction that is carried out in the ordinary course of the day-to-day operations of the Corporation.
Routine operational transaction is defined
The definition applies to transactions carried out in the ordinary course of the day-to-day operations of the Corporation.
The definition diffuses to the day-to-day operations of the Corporation.
Definition spreads to day-to-day operations
The definition applies during a temporal interval of the day-to-day operations of the Corporation.
Definition applies during temporal interval
70B(2) Borrowings otherwise than from Commonwealth
The Corporation must borrow or raise money under specified terms and conditions.
70B(3) Borrowings otherwise than from Commonwealth
Must provide borrowing terms and conditions
The Corporation may borrow or raise money by dealing with securities.
70B(4) Borrowings otherwise than from Commonwealth
The Corporation may borrow or raise money in a foreign country.
70B(5) Borrowings otherwise than from Commonwealth
Describes temporal relationship between borrowing and raising money
70B(6) Borrowings otherwise than from Commonwealth
The Corporation must acknowledge a debt and issue an instrument in consideration of payment or deposit for non-routine transactions.
70B(7) Borrowings otherwise than from Commonwealth
the amount of money raised shall be taken to be the amount of the money paid or deposited.
The transactions are non-routine and involve payment or deposit.
(a) the Corporation issues an instrument that acknowledges a debt; (b) the instrument is issued in consideration of the payment or deposit of money;
the Corporation shall be taken to raise money otherwise than by borrowing.
The Corporation has an obligation to acknowledge a debt and issue an instrument.
(a) the Corporation issues an instrument that acknowledges a debt;
The Corporation must issue an instrument in consideration of payment or deposit for non-routine transactions.
(b) the instrument is issued in consideration of the payment or deposit of money;
The Corporation must raise money from a non-borrowing source when issuing an instrument acknowledging a debt in consideration of credit provided.
70B(8) Borrowings otherwise than from Commonwealth
The instrument is issued in consideration of credit provided.
(b) the instrument is issued in consideration of the provision of credit;
The Corporation has an obligation to raise money from a non-borrowing source.
the amount of money raised shall be taken to be the amount of the value of the credit provided.
The Corporation must raise money from a non-borrowing source.
The Corporation must raise money from credit obtained in non-routine transactions.
70B(9) Borrowings otherwise than from Commonwealth
The Corporation shall be taken to raise money otherwise than by borrowing.
The Corporation has an obligation to raise money from credit.
(a) the Corporation obtains credit; and (b) the credit is obtained in relation to a transaction that is not a routine operational transaction;
australian-broadcasting-corporation-act-1983.pdf, p.59
70C Guarantee of borrowings by Corporation
australian-broadcasting-corporation-act-1983.pdf, p.60
The Corporation must pay certain amounts to the Commonwealth.
70D Corporation may give security
australian-broadcasting-corporation-act-1983.pdf, p.61
The Corporation may borrow money under specified conditions.
70E Borrowings not otherwise permitted
Exempts Corporation from taxation under any law.
71 Taxation
71A Delegation by Finance Minister
Delegate powers or functions to an official of a non-corporate Commonwealth entity
71A(1) Delegation by Finance Minister
Official must comply with Finance Minister's directions when exercising delegated powers.
71A(2) Delegation by Finance Minister
Official must comply with Finance Minister's directions.
Official has delegated powers under the Finance Minister.
australian-broadcasting-corporation-act-1983.pdf, p.62
78 Power of Minister to give directions to Corporation in the
Minister may direct Corporation to broadcast matter over national broadcasting services.
78(1) Power of Minister to give directions to Corporation in the
Minister may direct Corporation to broadcast matter.
Definition of national broadcasting services
78(2) Power of Minister to give directions to Corporation in the
78(3) Power of Minister to give directions to Corporation in the
Subsection (1) has effect subject to section 79A.
Minister may direct Corporation to provide content on digital media services.
78(3A) Power of Minister to give directions to Corporation in the
Minister must give direction to Corporation
78(4) Power of Minister to give directions to Corporation in the
Statement must be laid before Parliament within 7 sitting days of direction given.
78(5) Power of Minister to give directions to Corporation in the
The Corporation is not subject to direction by or on behalf of the Government.
78(6) Power of Minister to give directions to Corporation in the
Section 22 of the Public Governance, Performance and Accountability Act 2013 does not apply to the Corporation.
78(7) Power of Minister to give directions to Corporation in the
Section 22 does not apply during the specified period.
The exclusion applies to a specific temporal interval.
The Public Governance, Performance and Accountability Act 2013 defines a specific temporal interval for section 22.
Section 22 does not apply to the Corporation.
Section 22 is excluded from application.
Section 22 applies to corporate Commonwealth entities.
australian-broadcasting-corporation-act-1983.pdf, p.63
The Broadcasting Act does not apply in relation to broadcasting services provided by the Corporation.
79 Application of Broadcasting Act
The Corporation provides broadcasting services
The Corporation may determine how to broadcast political or controversial matter.
79A Broadcasting of political or controversial matter
...in what manner political matter or controversial matter will be broadcast by the Corporation.
Temporal interval for broadcasting determination
(1) Subject to this Act, the Corporation may determine...
...political matter or controversial matter will be broadcast by the Corporation.
Justification for broadcasting determination
Knowledge representation for broadcasting determination
Investigate degradation of signal quality if complaint not responded to within 60 days.
79AA Report by ACMA on degradation of signal quality
Minister may direct ACMA to investigate.
Complaint not responded to within 60 days.
australian-broadcasting-corporation-act-1983.pdf, p.68
79B Records of matter broadcast
Corporation must record broadcasts of news, addresses, statements, or discussions.
79B(1) Records of matter broadcast
Corporation has a duty to record broadcasts.
79B(2) Records of matter broadcast
Notice requirement for records held under subsection (2)
79B(3) Records of matter broadcast
Retain record until proceedings are finally determined.
79B(4) Records of matter broadcast
Ceases to apply after a period of 3 months if proceedings are not instituted.
79B(5) Records of matter broadcast
after the notice is given to the Corporation
During the period after which (4) ceases to apply
(5) If the proceedings are not instituted within a period of 3 months
if proceedings are not instituted within a period of 3 months
The Corporation must retain a record when it is not in the custody of a court.
79B(6) Records of matter broadcast
The Corporation does not have to retain the record.
If the record is not in the custody of a court, then the Corporation does not have to retain it.
The obligation imposed by this section on the Corporation to retain a record does not apply at any time when the record is in the custody of a court.
Exemption from subsection (1) for Senate and House of Representatives proceedings
79B(7) Records of matter broadcast
8 Duties of the Board
Statutory Instruments(Tabling and Disallowance)Legislation Amendment Act 1988
8 Nov 1988
Ensure efficient performance of Corporation functions and maintain independence and integrity.
8(1) Duties of the Board
Board has a duty to perform Corporation functions efficiently.
Consider policy when performing functions
8(2) Duties of the Board
No duty imposed on Board by subsections (1) and (2)
8(3) Duties of the Board
australian-broadcasting-corporation-act-1983.pdf, p.69
Directors must include specific information in annual reports.
80 Matters to be included in annual report
australian-broadcasting-corporation-act-1983.pdf, p.70
81 Joint Consultative Committee
Establishment of a Joint Consultative Committee
81(1) Joint Consultative Committee
Rules must make provision for the Joint Consultative Committee's constitution, functions, and carrying out of those functions.
81(2) Joint Consultative Committee
australian-broadcasting-corporation-act-1983.pdf, p.71
83 Regulations and rules
May make regulations not inconsistent with the Act.
83(1) Regulations and rules
The Board may make rules by legislative instrument.
83(2) Regulations and rules
(a) required or permitted by this Act to be prescribed by rules; or (b) necessary or convenient to be prescribed by rules for carrying out or giving effect to this Act.
australian-broadcasting-corporation-act-1983.pdf, p.15
There shall be a Managing Director of the Corporation.
9 Managing Director
Amendment by Statute Law Revision Act 2006
9 July 1992
Australian Broadcasting Corporation Act 1983