{"id":"C2004A02724","name":"Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983","slug":"australian-broadcasting-corporation-transitional-provisions-and-consequential-amendments-act-1983","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"7 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34259,"registerId":"commonwealth-C2004A02724-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"An Act to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Australian Broadcasting Corporation Act 1983\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983.\n\n#### 2 Commencement\n\n  (1) Sections 1 and 2 and subsection 15(1) shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on the day fixed under subsection 2(2) of the Australian Broadcasting Corporation Act 1983.\n\n## Part II—Transitional Provisions\n\n#### 3 Interpretation\n\n  Expressions used in this Part have, unless the contrary intention appears, the same meanings as those expressions have in the Australian Broadcasting Corporation Act 1983.\n\n#### 4 Extension to external Territories\n\n  This Part extends to all the external Territories.\n\n#### 5 Application\n\n  This Part has effect notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983.\n\n#### 6 Members of Commission cease to hold office\n\n  On the commencing day, the Chairman, the Vice‑Chairman and the other Commissioners of the Australian Broadcasting Commission who held office immediately before that day cease to hold office, but the corporate identity of the body corporate referred to in subsection 5(1) of the Australian Broadcasting Corporation Act 1983 is preserved.\n\n#### 7 References to Commission in instruments, &c.\n\n  A reference to the Australian Broadcasting Commission in any law of a Territory, or in any contract, award or other instrument to which the Australian Broadcasting Commission was a party, shall, except in relation to matters that occurred before the commencing day, be construed as a reference to the Australian Broadcasting Corporation.\n\n#### 8 Property, powers, liabilities, &c.\n\n  The alteration of the name and constitution of the Australian Broadcasting Commission resulting from section 5 of the Australian Broadcasting Corporation Act 1983 does not affect any property, powers, rights, liabilities or obligations of the body corporate continued in existence by that section.\n\n#### 10 Judicial notice\n\n  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Australian Broadcasting Commission appearing on a document that was executed before the commencing day and shall presume that the document was duly sealed.\n\n#### 11 Officers and employees\n\n  Any person who was an officer (including an officer on probation) or a temporary employee of the Australian Broadcasting Commission immediately before the commencing day by virtue of his having been appointed or engaged under subsection 43(2) of the Broadcasting and Television Act 1942 continues, subject to the Australian Broadcasting Corporation Act 1983, as an officer or temporary employee, as the case may be, of the Corporation as if he had been appointed or engaged under section 33 of that last‑mentioned Act.\n\n#### 15 Application of moneys\n\n  (1) The Australian Broadcasting Commission is liable to pay any remuneration and allowances that become payable under Part III of the Australian Broadcasting Corporation Act 1983 before the commencing day and, notwithstanding section 70 of the Broadcasting and Television Act 1942, the moneys of the Commission may be applied in payment of any such remuneration or allowances.\n  (2) Notwithstanding section 68 of the Australian Broadcasting Corporation Act 1983, the moneys of the Corporation may be applied:\n    (a) in payment or discharge of any expenses, charges, obligations or liabilities that were incurred or undertaken before the commencing day by the Australian Broadcasting Commission in or in connection with the performance of its functions or the exercise of its powers and were not paid or discharged before that day; and\n    (b) in payment of any remuneration or allowances the liability for which arose under Part III of the Broadcasting and Television Act 1942 or under subsection (1) of this section but which had not been paid before the commencing day.\n\n## Part IV—Amendments of the Copyright Act 1968\n\n#### 60 Television broadcasts and sound broadcasts in which copyright subsists\n\n  (2) The amendments made by former subsection (1) do not affect the continued subsistence of any copyright that, immediately before the commencement of this section, subsisted in a television broadcast or sound broadcast that had been made from a place in Australia by the Australian Broadcasting Commission before the commencement of this section.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Sections 1 and 2 and subsection 15(1) shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on the day fixed under subsection 2(2) of the Australian Broadcasting Corporation Act 1983.","sortOrder":2},{"sectionNumber":"Part II","sectionType":"part","heading":"Transitional Provisions","content":"An Act to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Australian Broadcasting Corporation Act 1983\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983.\n\n#### 2 Commencement\n\n  (1) Sections 1 and 2 and subsection 15(1) shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on the day fixed under subsection 2(2) of the Australian Broadcasting Corporation Act 1983.\n\n## Part II—Transitional Provisions\n\n#### 3 Interpretation\n\n  Expressions used in this Part have, unless the contrary intention appears, the same meanings as those expressions have in the Australian Broadcasting Corporation Act 1983.\n\n#### 4 Extension to external Territories\n\n  This Part extends to all the external Territories.\n\n#### 5 Application\n\n  This Part has effect notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983.\n\n#### 6 Members of Commission cease to hold office\n\n  On the commencing day, the Chairman, the Vice‑Chairman and the other Commissioners of the Australian Broadcasting Commission who held office immediately before that day cease to hold office, but the corporate identity of the body corporate referred to in subsection 5(1) of the Australian Broadcasting Corporation Act 1983 is preserved.\n\n#### 7 References to Commission in instruments, &c.\n\n  A reference to the Australian Broadcasting Commission in any law of a Territory, or in any contract, award or other instrument to which the Australian Broadcasting Commission was a party, shall, except in relation to matters that occurred before the commencing day, be construed as a reference to the Australian Broadcasting Corporation.\n\n#### 8 Property, powers, liabilities, &c.\n\n  The alteration of the name and constitution of the Australian Broadcasting Commission resulting from section 5 of the Australian Broadcasting Corporation Act 1983 does not affect any property, powers, rights, liabilities or obligations of the body corporate continued in existence by that section.\n\n#### 10 Judicial notice\n\n  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Australian Broadcasting Commission appearing on a document that was executed before the commencing day and shall presume that the document was duly sealed.\n\n#### 11 Officers and employees\n\n  Any person who was an officer (including an officer on probation) or a temporary employee of the Australian Broadcasting Commission immediately before the commencing day by virtue of his having been appointed or engaged under subsection 43(2) of the Broadcasting and Television Act 1942 continues, subject to the Australian Broadcasting Corporation Act 1983, as an officer or temporary employee, as the case may be, of the Corporation as if he had been appointed or engaged under section 33 of that last‑mentioned Act.\n\n#### 15 Application of moneys\n\n  (1) The Australian Broadcasting Commission is liable to pay any remuneration and allowances that become payable under Part III of the Australian Broadcasting Corporation Act 1983 before the commencing day and, notwithstanding section 70 of the Broadcasting and Television Act 1942, the moneys of the Commission may be applied in payment of any such remuneration or allowances.\n  (2) Notwithstanding section 68 of the Australian Broadcasting Corporation Act 1983, the moneys of the Corporation may be applied:\n    (a) in payment or discharge of any expenses, charges, obligations or liabilities that were incurred or undertaken before the commencing day by the Australian Broadcasting Commission in or in connection with the performance of its functions or the exercise of its powers and were not paid or discharged before that day; and\n    (b) in payment of any remuneration or allowances the liability for which arose under Part III of the Broadcasting and Television Act 1942 or under subsection (1) of this section but which had not been paid before the commencing day.\n\n## Part IV—Amendments of the Copyright Act 1968\n\n#### 60 Television broadcasts and sound broadcasts in which copyright subsists\n\n  (2) The amendments made by former subsection (1) do not affect the continued subsistence of any copyright that, immediately before the commencement of this section, subsisted in a television broadcast or sound broadcast that had been made from a place in Australia by the Australian Broadcasting Commission before the commencement of this section.","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  Expressions used in this Part have, unless the contrary intention appears, the same meanings as those expressions have in the Australian Broadcasting Corporation Act 1983.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Extension to external Territories","content":"#### 4 Extension to external Territories\n\n  This Part extends to all the external Territories.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"#### 5 Application\n\n  This Part has effect notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Members of Commission cease to hold office","content":"#### 6 Members of Commission cease to hold office\n\n  On the commencing day, the Chairman, the Vice‑Chairman and the other Commissioners of the Australian Broadcasting Commission who held office immediately before that day cease to hold office, but the corporate identity of the body corporate referred to in subsection 5(1) of the Australian Broadcasting Corporation Act 1983 is preserved.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"References to Commission in instruments, &c.","content":"#### 7 References to Commission in instruments, &c.\n\n  A reference to the Australian Broadcasting Commission in any law of a Territory, or in any contract, award or other instrument to which the Australian Broadcasting Commission was a party, shall, except in relation to matters that occurred before the commencing day, be construed as a reference to the Australian Broadcasting Corporation.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Property, powers, liabilities, &c.","content":"#### 8 Property, powers, liabilities, &c.\n\n  The alteration of the name and constitution of the Australian Broadcasting Commission resulting from section 5 of the Australian Broadcasting Corporation Act 1983 does not affect any property, powers, rights, liabilities or obligations of the body corporate continued in existence by that section.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Judicial notice","content":"#### 10 Judicial notice\n\n  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Australian Broadcasting Commission appearing on a document that was executed before the commencing day and shall presume that the document was duly sealed.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Officers and employees","content":"#### 11 Officers and employees\n\n  Any person who was an officer (including an officer on probation) or a temporary employee of the Australian Broadcasting Commission immediately before the commencing day by virtue of his having been appointed or engaged under subsection 43(2) of the Broadcasting and Television Act 1942 continues, subject to the Australian Broadcasting Corporation Act 1983, as an officer or temporary employee, as the case may be, of the Corporation as if he had been appointed or engaged under section 33 of that last‑mentioned Act.","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Application of moneys","content":"#### 15 Application of moneys\n\n  (1) The Australian Broadcasting Commission is liable to pay any remuneration and allowances that become payable under Part III of the Australian Broadcasting Corporation Act 1983 before the commencing day and, notwithstanding section 70 of the Broadcasting and Television Act 1942, the moneys of the Commission may be applied in payment of any such remuneration or allowances.\n  (2) Notwithstanding section 68 of the Australian Broadcasting Corporation Act 1983, the moneys of the Corporation may be applied:\n    (a) in payment or discharge of any expenses, charges, obligations or liabilities that were incurred or undertaken before the commencing day by the Australian Broadcasting Commission in or in connection with the performance of its functions or the exercise of its powers and were not paid or discharged before that day; and\n    (b) in payment of any remuneration or allowances the liability for which arose under Part III of the Broadcasting and Television Act 1942 or under subsection (1) of this section but which had not been paid before the commencing day.","sortOrder":12},{"sectionNumber":"Part IV","sectionType":"part","heading":"Amendments of the Copyright Act 1968","content":"An Act to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Australian Broadcasting Corporation Act 1983\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983.\n\n#### 2 Commencement\n\n  (1) Sections 1 and 2 and subsection 15(1) shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on the day fixed under subsection 2(2) of the Australian Broadcasting Corporation Act 1983.\n\n## Part II—Transitional Provisions\n\n#### 3 Interpretation\n\n  Expressions used in this Part have, unless the contrary intention appears, the same meanings as those expressions have in the Australian Broadcasting Corporation Act 1983.\n\n#### 4 Extension to external Territories\n\n  This Part extends to all the external Territories.\n\n#### 5 Application\n\n  This Part has effect notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983.\n\n#### 6 Members of Commission cease to hold office\n\n  On the commencing day, the Chairman, the Vice‑Chairman and the other Commissioners of the Australian Broadcasting Commission who held office immediately before that day cease to hold office, but the corporate identity of the body corporate referred to in subsection 5(1) of the Australian Broadcasting Corporation Act 1983 is preserved.\n\n#### 7 References to Commission in instruments, &c.\n\n  A reference to the Australian Broadcasting Commission in any law of a Territory, or in any contract, award or other instrument to which the Australian Broadcasting Commission was a party, shall, except in relation to matters that occurred before the commencing day, be construed as a reference to the Australian Broadcasting Corporation.\n\n#### 8 Property, powers, liabilities, &c.\n\n  The alteration of the name and constitution of the Australian Broadcasting Commission resulting from section 5 of the Australian Broadcasting Corporation Act 1983 does not affect any property, powers, rights, liabilities or obligations of the body corporate continued in existence by that section.\n\n#### 10 Judicial notice\n\n  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Australian Broadcasting Commission appearing on a document that was executed before the commencing day and shall presume that the document was duly sealed.\n\n#### 11 Officers and employees\n\n  Any person who was an officer (including an officer on probation) or a temporary employee of the Australian Broadcasting Commission immediately before the commencing day by virtue of his having been appointed or engaged under subsection 43(2) of the Broadcasting and Television Act 1942 continues, subject to the Australian Broadcasting Corporation Act 1983, as an officer or temporary employee, as the case may be, of the Corporation as if he had been appointed or engaged under section 33 of that last‑mentioned Act.\n\n#### 15 Application of moneys\n\n  (1) The Australian Broadcasting Commission is liable to pay any remuneration and allowances that become payable under Part III of the Australian Broadcasting Corporation Act 1983 before the commencing day and, notwithstanding section 70 of the Broadcasting and Television Act 1942, the moneys of the Commission may be applied in payment of any such remuneration or allowances.\n  (2) Notwithstanding section 68 of the Australian Broadcasting Corporation Act 1983, the moneys of the Corporation may be applied:\n    (a) in payment or discharge of any expenses, charges, obligations or liabilities that were incurred or undertaken before the commencing day by the Australian Broadcasting Commission in or in connection with the performance of its functions or the exercise of its powers and were not paid or discharged before that day; and\n    (b) in payment of any remuneration or allowances the liability for which arose under Part III of the Broadcasting and Television Act 1942 or under subsection (1) of this section but which had not been paid before the commencing day.\n\n## Part IV—Amendments of the Copyright Act 1968\n\n#### 60 Television broadcasts and sound broadcasts in which copyright subsists\n\n  (2) The amendments made by former subsection (1) do not affect the continued subsistence of any copyright that, immediately before the commencement of this section, subsisted in a television broadcast or sound broadcast that had been made from a place in Australia by the Australian Broadcasting Commission before the commencement of this section.","sortOrder":13},{"sectionNumber":"60","sectionType":"section","heading":"Television broadcasts and sound broadcasts in which copyright subsists","content":"#### 60 Television broadcasts and sound broadcasts in which copyright subsists\n\n  (2) The amendments made by former subsection (1) do not affect the continued subsistence of any copyright that, immediately before the commencement of this section, subsisted in a television broadcast or sound broadcast that had been made from a place in Australia by the Australian Broadcasting Commission before the commencement of this section.","sortOrder":14}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the 1983 transition from Commission to Corporation. It handles the specific technical requirements of name change, staff transfer, property continuity, and consequential copyright amendments without expanding into broader broadcasting policy or operational matters."},"complexity_factors":["Heavy reliance on external legislation (Australian Broadcasting Corporation Act 1983, Broadcasting and Television Act 1942, Copyright Act 1968) requiring cross-referencing to understand full effect","Multiple temporal triggers ('commencing day', 'immediately before that day', 'before the commencing day') creating conditional logic around the transition date","Nested exceptions in section 7 (references to Commission construed as Corporation 'except in relation to matters that occurred before the commencing day')","Notwithstanding clauses (sections 5, 15) that override other Acts","Preservation of corporate identity concept (section 6) requiring understanding of corporate law continuity principles","Duplicative structure in provided text (sections appear multiple times with identical content) suggesting compilation or formatting issues in the source"],"plain_english_summary":"This legislation is a 'bridge' law that smooths the transition when the Australian Broadcasting Commission (ABC) changed its name to the Australian Broadcasting Corporation in 1983.\n\n**What it does:**\n- **Changes the guard**: On the day the new ABC Act starts, all the old Commissioners (Chairman, Vice-Chairman, and other board members) automatically lose their jobs, but the organisation itself continues as the same legal entity—just with a new name.\n- **Keeps the lights on**: All existing staff keep their jobs under the new corporation. Their employment contracts transfer over seamlessly.\n- **Protects existing deals**: Any contracts, laws, or legal documents that mentioned the 'Australian Broadcasting Commission' are now read as referring to the 'Australian Broadcasting Corporation' (except for things that happened before the changeover).\n- **Preserves assets and debts**: The ABC keeps all its property, money, legal powers, and debts—nothing changes just because the name changed.\n- **Validates old documents**: Courts must recognise official documents sealed by the old Commission as properly executed.\n- **Sorts out the money**: Allows the old Commission to pay certain salaries and expenses that fell due right around the changeover date, and lets the new Corporation pay off old debts incurred by the Commission.\n- **Protects copyright**: Ensures that TV and radio broadcasts made by the old Commission keep their copyright protection under the new arrangements.\n\n**Who it affects:**\n- ABC staff and board members in 1983\n- Anyone with contracts or legal dealings with the ABC\n- Copyright holders and users of ABC broadcast material\n\n**Why it matters:**\nWithout this law, changing the ABC's name and structure could have created legal chaos—contracts might have become void, staff might have lost their jobs, and property ownership might have been disputed. This Act ensures continuity: same organisation, new name, no disruption."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act does not broaden or narrow the ABC’s statutory functions; it preserves and carries forward existing rights, liabilities, contracts, employees and copyrights while providing rules for funds, seals and references to the predecessor body (see ss5–8, 10, 11, 15, 60). Its effect is to ensure legal and operational continuity rather than to change substantive scope."},"complexity_factors":["Primarily transitional / continuity measures (lower substantive novelty).","Multiple cross‑references to other statutes requiring legal linkages (Australian Broadcasting Corporation Act 1983; Broadcasting and Television Act 1942; Copyright Act 1968).","Staggered commencement (s2) creating timing dependencies for obligations and payments.","Retroactive and notwithstanding language (e.g. 'notwithstanding' in s5 and s15) creating priority over conflicting provisions.","Operational details preserved for personnel and finances (s11, s15) that impose administrative compliance burdens on the successor entity.","Judicial-presumption provision for pre‑commencement seals (s10) simplifies evidentiary issues but requires courts to apply a statutory presumption.","Coverage of external Territories (s4) extends geographic application."],"plain_english_summary":"This Act sets out transitional and consequential rules when the Australian Broadcasting Commission becomes the Australian Broadcasting Corporation. It preserves the body’s corporate identity, property, rights, liabilities and contracts, continues existing officers and employees, permits use of Commission funds to meet pre‑commencement liabilities and remuneration, directs courts to accept pre‑commencement seals, and preserves copyrights in broadcasts made by the Commission before commencement."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title promises: it manages transitional arrangements and makes consequential amendments flowing from the creation of the ABC. There is no evidence of scope creep — every provision is directly connected to the renaming and restructuring of the Australian Broadcasting Commission into the Australian Broadcasting Corporation."},"complexity_factors":["References to multiple pieces of legislation (Australian Broadcasting Corporation Act 1983, Broadcasting and Television Act 1942, Copyright Act 1968) requiring cross-referencing to fully understand","Dual commencement dates creating a split legal timeline that requires careful tracking","Significant repetition of content throughout the document, suggesting a formatting or compilation error that makes reading confusing","Technical legal concepts such as 'judicial notice' (courts automatically accepting certain facts as true without proof) and corporate continuity","Distinction between the transitional period (before the 'commencing day') and the ongoing period adds a temporal layer to interpretation"],"plain_english_summary":"This short, technical Act formally renamed the Australian Broadcasting Commission as the Australian Broadcasting Corporation and ensured a smooth legal transition. It preserved employment, contracts, assets, debts, legal proceedings, and broadcast copyright so nothing lapsed or required re-approval because of the name change.\n\nBy treating the Corporation as the Commission’s legal successor across Australia and its external territories, the law prevented disruption to staff, creditors, contractors, and ongoing litigation."}},"importantCases":[],"_links":{"self":"/api/acts/australian-broadcasting-corporation-transitional-provisions-and-consequential-amendments-act-1983","history":"/api/acts/australian-broadcasting-corporation-transitional-provisions-and-consequential-amendments-act-1983/history","analysis":"/api/acts/australian-broadcasting-corporation-transitional-provisions-and-consequential-amendments-act-1983/analysis","conflicts":"/api/acts/australian-broadcasting-corporation-transitional-provisions-and-consequential-amendments-act-1983/conflicts","importantCases":"/api/acts/australian-broadcasting-corporation-transitional-provisions-and-consequential-amendments-act-1983/important-cases","documents":"/api/acts/australian-broadcasting-corporation-transitional-provisions-and-consequential-amendments-act-1983/documents"}}