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Australian Broadcasting Tribunal Annual Report 1982-83

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Australian Broadcasting Tribunal Annual Report 1982-83 AUSTRALIAN BROADCASTING TRIBUNAL ANNUAL REPORT 1982-83 - ANNUAL REPORT AUSTRALIAN BROADCASTING TRIBUNAL 1982-83 Australian Government Publishing Service Canberra 1983 © Commonwealth of Australia 1983 ISSN 0728-606X printed by Watson Ferguson & Co., Eris.bane The Honourable the Minister for Corrununications In conformity with the provisions of section 28 of the Broadcasting and Television Act 1942, I have pleasure in presenting the Annual Report of the Australian Broadcasting Tribunal for the period 1 July 1982 to 30 June 1983. The format for the Annual Report this year is somewhat altered from previous years, to accord with guidelines for annual reports set out by the Joint Corrunittee on Publications . The result is an Annual Report which seeks to present a much clearer view of the range of Australian Broadcasting Tribunal functions and activities. David Jones Chairman 22 August 1983 iii TABLE OF CONTENTS PAGE PREFACE PART ONE - INTRODUCTION 1 Legislation 1 Functions of the Tribunal 3 Membership of the Tribunal 4 Organisation and Staff of the Tribunal 4 Location of Tribunal's Offices 5 Financial Accounts of Tribunal 6 PART TWO - OPERATIONAL REPORT 7 Foster Inquiry 9 Reviews of Tribunal Decisions - Ombudsman 10 Administrative Appeals 11 Tribunal Federal Court of Australia 11 Administrative Review Council 11 Reports Amendment of the Broadcasting and Television Act Proposed 12 Proposed by the Tribunal Reference of Questions of Law to the. Federal Court of 13 Australia pursuant to section 22B of the Act PART THREE - ACTIVITIES 14 Addresses Given by Tribunal Members and Staff 14 Radio and Television Services in Operation Since 1954 17 Current Licences 19 Transfer of Licences 21 Operation of Stations 22 Changes in Shareholdings 23 Memorandum and Articles of Association of Licensee Companies 24 Networks of Commercial Radio Stations 24 Financial Results - Commercial Radio and Television Stations 26 Fees for Licences for Commercial Radio and Television Stations 30 Broadcasting and Televising of Political Matter 33 Determinations of the Tribunal 44 Public Inquiries 46 Licence Renewal Inquiries 46 Licence Grant Inquiries 51 Inquiries into Transactions Relating to the Ownership or Control 53 of Stations Allocation of Call Signs 55 List of Reports on Public Inquiries Published 1982-1983 56 Program Services - Introduction 59 Program and Advertising Standards 60 Comments and Complaints about Programs and Advertising 61 Types of Programs Presented 66 Australian Content 68 Religious Prograrns 79 Children's Programs 80 Audience Information 88 v PAGE Pr_ogram Research 96 Current Research Publications 97 Film Censorship and Class ification of Pr_ograms 98 Hours of Operation 101 Community Service Broadcasting 103 Ghost Crewing 104 Children's Program Committee 104 Meetings of the Children's Program Committee 108 Consolidated List of 'C ' Programs 111 Freedom of Information 137 Information Activities 140 Acknowledgments 141 APPENDIXES A. Commercial Radio Stations in Operation on 30 June 1983 142 Medium Frequency Services B. Commercial Radio Stations in Operation on 30 June 1983 155 Frequency Modulation Services C. Public Radio Stations in Operation on 30 June 1983 156 Frequency Modulation Services Medium Frequency Stations 160 D. Commercial Television Stations in Operation on 30 June 1983 161 E. Commercial Radio Translator Stations in Operation on 168 30 June 1983 F . Commercial Television Translator Stations in Operation on 170 30 June 1983 G. Television Repeater Stations in Operation on 30 June 1983 185 H. Community Television Aerial Systems in Operation on 187 30 June 1983 I. Australian Content of Television Programs Points System - 188 Effective from 8 February 1976 J. Statistical Analysis of Television Programs 259 K. Decision and Reasons Re Actors Equity of Australia Request Pursuant to the Freedom of Information Act 1942; and Decision and Reasons Re Actors Equity of Australia Request Pursuant to section 106A of the Broadcasting and Television Act 1942 L. Auditor-General's Certificate 299 vi PREFACE This 1982-83 Annual Report marks a departure in style from previous reports published by the Australian Broadcasting Tribunal. This departure was prompted initially by the Tribunal's perception that information provided by it should be absolutely relevant to its activities as determined under the Broadcasting and Television Act 1942. The Tribunal further felt that information provided by it should be more accessible to the general public , a public which, in the Tribunal's view, is becoming increasingly and constructively aware of its rights and responsibilities in relation to broadcasting in this country . Concurrently, the Tribunal was advised of new guidelines from the Joint Committee on Publications, relating to provision of information in a way which matched the proposed new format . Previous reports of the Tribunal have been divided into categories for radio and television , in subsections according to the activities of each of the Tribunal's separate Divisions. In this report, the information is provided in three parts , with seventeen Appendixes . Part One, Introduction, contains information relating to the legislation which establishes the Tribunal, and with which the Tribunal works. Part Two is an Operational Report, intended to provide an overview of the Tribunal's activities during the reporting year. Part Three is a more detailed account of the Tribunal's fulfilment of each of its powers and functions under the Act. Because of the rapidly-changing shareholdings of the Australian broadcasting industry, those Appendixes from previous reports dealing with shareholdings (Appendixes N, 0 and P in report 1981-82) have been excluded, although information will continue to be provided by the Tribunal . As a general rule , information provided under each subject heading in this report has been edited so that there is an introductory statement or paragraph of a:general nature, providing background and an overview, followed by more detailed information. The Tribunal believes this report represents a genuine and thorough effort to explain and report the Tribunal's role in Australia ' s broadcasting system during 1982-83. PART ONE INTRODUCTION LEGISLATION 1. The Tribunal is established by section 7 of the Broadcasting and Television Act 1942 ('the Act'), and its structure and functions are detailed in Divisions 1 and 2 of Part II of the Act. Part IIIA of the Act also establishes and defines the functions of the Special Broadcasting Service. Those provisions currently in the Act concerning the Australian Broadcasting Commission will be superseded by separate legislation establishing the Australian Broadcasting Corporation on 1 July 1983 (see paragraph 8) . 2. The remaining parts of the Act of concern to the Tribunal provide a framework for the planning and regulation of broadcasting and television services in Australia. The responsibility for planning the development of broadcasting and television services, and the determination of Standards and 'practices in relation to the technical equipment used and its operation, lies with the Minister for Communications (section lllC). Currently, the planning of commercial and public broadcasting and television services may culminate in an invitation for applications for one of tweive types of licence, including licences for principal stations, translator stations, repeater stations and community television aerial systems. Since 1981 the Act has also contained provisions concerning supplementary broadcasting licences, and since 1982, supplementary television licences, but applications for such licences may not be submitted until a date to be proclaimed (see paragraph 6 b e low) . It is the responsibility of the Tribunal to grant and renew licences , subject to such technical specifications as the Minister may determine . The Tribunal is also empowered to suspend or revoke licences. For the exercise of all these powers, specific criteria are laid down in the Act (sections 83, 86 and 88) . 3. Part IV of the Act contains a range of complex provisions designed to ensure diversity in the ownership and control of commercial broadcasting and television services. The Act provides limits on the number of 'prescribed interests' in licences which may be held by any person. In simple terms, a person may hold prescribed interests in no more than two commercial television station licences, or eight commercial broadcasting station licences (sections 90C, 92). Limits are placed also on the extent of foreign shareholdings, direct or indirect, in licensee companies (sections 90G, 920) . Most changes in the ownership or control of stations, by way of a licence transfer or a transaction in shares directly or indirectly affecting a licensee company, are subject to the approval of the Tribunal (sections 89A, 90J, 90JA, 92F, 92FAA) . 4. In the area of program regulation, the Act imposes some specific requirements in respect of a range of matters (such as Australian music, political and election matter, and cigarette advertising) and confers on the Tribunal power to determine Standards for programs and advertisements on commercial stations (sections 99 and 100), give directions concerning sponsorship announcements on public stations (section lllBA), and to regulate a range of other activities and arrangements affecting programming (Part V of the Act) . 1 5. In carrying out its functions, the Tribunal is required in many cases to conduct public inquiries prior to reaching decisions; in other cases, the Tribunal may decide that
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