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