{"id":"C1946A00020","name":"Parliamentary Proceedings Broadcasting Act 1946","slug":"parliamentary-proceedings-broadcasting-act-1946","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"20 of 1946","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":772,"registerId":"C2018C00083","compilationNumber":"5","startDate":"2018-03-14","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 61, 62) of the [Electoral and Other Legislation Amendment Act 2017](/C2017A00099)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Electoral and Other Legislation Amendment Act 2017","year":2017,"number":99,"titleId":"C2017A00099","provisions":"sch 1 (items 61, 62)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2018-04-03T10:36:30.213Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Parliamentary Proceedings Broadcasting Act 1946.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> joint sitting means a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor‑General in pursuance of section 57 of the Constitution or held pursuant to any Act.\n\n> national broadcasting station means a radio station used to provide national broadcasting services within the meaning of section 13 of the Broadcasting Services Act 1992.\n\n> the Committee means the Joint Committee on the Broadcasting of Parliamentary Proceedings appointed under this Act.\n\n  (2) In this Act:\n    (a) a reference to televising shall be read as a reference to the transmission from a television station of visual images, with or without accompanying sound; and\n    (b) a reference to re‑broadcasting of proceedings shall be read as a reference to broadcasting from a sound recording of proceedings.\n  (3) Sections 14, 15 and 16 apply in relation to proceedings of a joint sitting as if:\n    (a) a reference to broadcasting of proceedings included a reference to televising of proceedings; and\n    (b) a reference to re‑broadcasting of proceedings included a reference to televising from a recording of proceedings.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Application to the Territories","content":"#### 3A Application to the Territories\n\n  This Act extends to all the external Territories.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Broadcasting of parliamentary proceedings","content":"#### 4 Broadcasting of parliamentary proceedings\n\n  (1) Notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983, the Australian Broadcasting Corporation shall broadcast the proceedings of the Senate, the House of Representatives or a joint sitting from:\n    (a) a medium‑wave national broadcasting station in the capital city in each State and in the city of Newcastle in the State of New South Wales; and\n    (b) such other national broadcasting stations (including shortwave national broadcasting stations) as are prescribed;\n  upon such days and during such periods as the Committee determines.\n  (2) Notwithstanding anything contained in the Australian Broadcasting Corporation Act 1983, but subject to subsection (3) of this section, the Australian Broadcasting Corporation may televise the whole or a part of the proceedings of a joint sitting.\n  (3) The Committee may make determinations requiring the Australian Broadcasting Corporation to exercise its powers under subsection (2) or otherwise relating to the exercise of those powers, and the Corporation shall act in accordance with any such determination.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Committee","content":"#### 5 Constitution of Committee\n\n  (1) At the commencement of the first session of every Parliament, a Joint Committee of nine members of the Parliament, to be called the Joint Committee on the Broadcasting of Parliamentary Proceedings, shall be appointed according to the practice of the Parliament with reference to the appointment of members to serve on Joint Select Committees of both Houses of the Parliament.\n  (2) One of the members of the Committee shall be the President of the Senate, one member shall be the Speaker of the House of Representatives, and, of the other seven members of the Committee, two shall be members of, and appointed by, the Senate and five shall be members of, and appointed by, the House of Representatives.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Tenure of office of members of Committee","content":"#### 6 Tenure of office of members of Committee\n\n  The members of the Committee shall hold office as a Joint Committee until the House of Representatives for the time being expires by dissolution or effluxion of time.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Resignation","content":"#### 7 Resignation\n\n  (1) Any member of the Committee (other than the President of the Senate and the Speaker of the House of Representatives) may resign his seat on the Committee by writing under his hand addressed to the President of the Senate if he be a Senator, or to the Speaker of the House of Representatives if he be a member of the House of Representatives.\n  (2) The seat of any member of the Committee shall be deemed to have become vacant if he ceases to be a Senator or a member of the House of Representatives (as the case may be).","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Vacancies","content":"#### 8 Vacancies\n\n  Where the seat of any member of the Committee (other than the President of the Senate or the Speaker of the House of Representatives) becomes vacant, it shall be filled by appointment according to the practice referred to in section 5 within fifteen sitting days after the happening of the vacancy if the House of the Parliament of which he is a member is then sitting, or, if not, then within fifteen sitting days after the next meeting of that House.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Chairman and Vice‑Chairman","content":"#### 9 Chairman and Vice‑Chairman\n\n  There shall be a Chairman and a Vice‑Chairman of the Committee, who shall be elected by the members of the Committee at their first meeting, or as soon thereafter as is practicable.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Quorum and procedure at meetings","content":"#### 10 Quorum and procedure at meetings\n\n  At any meeting of the Committee:\n    (a) five members shall form a quorum;\n    (b) the Chairman or, in his absence, the Vice‑Chairman or, in the absence of both the Chairman and the Vice‑Chairman, a member elected by the members present, shall preside;\n    (c) all questions shall be decided by a majority of the votes of the members present; and\n    (d) the Chairman or other member presiding shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Power to sit during recess etc.","content":"#### 11 Power to sit during recess etc.\n\n  The Committee may sit and transact business during any adjournment or recess as well as during the session, and may sit at such times (including times while either House of the Parliament is actually sitting or during a joint sitting) and in such places, and conduct their proceedings in such manner, as they deem proper.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Functions of Committee","content":"#### 12 Functions of Committee\n\n  (1) The Committee shall consider and specify in a report presented to each House of the Parliament, the general principles upon which there should be determined the days upon which, and the periods during which, the proceedings of the Senate and the House of Representatives shall be broadcast.\n  (2) The Committee shall, in accordance with general principles specified by the Committee and adopted by each House of the Parliament, determine the days upon which, and the periods during which, the proceedings of either House of the Parliament shall be broadcast.\n  (3) The Committee shall determine the days upon which, and the periods during which, the proceedings of a joint sitting shall be broadcast.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Delegation to Sub‑Committee","content":"#### 13 Delegation to Sub‑Committee\n\n  (1) The Committee may delegate to a Sub‑Committee of the Committee, consisting of two Senators and two members of the House of Representatives, the power to determine the days upon which, and the periods during which, the proceedings of either House of the Parliament or of a joint sitting shall be broadcast or its power to determine any matter in accordance with subsection (3) of section 4, and any determination of the Sub‑Committee shall, for the purposes of this Act, be deemed to be a determination of the Committee.\n  (2) Two members of the Sub‑Committee shall form a quorum.\n  (3) No delegation under this section shall prevent the exercise of any power by the Committee.\n  (4) The Sub‑Committee may sit and transact business during any adjournment or recess as well as during the session, and may sit at such times (including times while either House of the Parliament is actually sitting or during a joint sitting) as they deem proper.","sortOrder":13},{"sectionNumber":"13A","sectionType":"section","heading":"Recording of parliamentary proceedings","content":"#### 13A Recording of parliamentary proceedings\n\n  (1) In this section, Corporation means the Australian Broadcasting Corporation.\n  (2) The Corporation may make a sound recording of any proceedings of either House of the Parliament or of a joint sitting and shall make a sound recording of any such proceedings when directed so to do by the Chairman or Vice‑Chairman of the Committee.\n  (2A) The Corporation may, with the consent of the Chairman or Vice‑Chairman of the Committee, make a visual recording, with or without accompanying sound, of any proceedings of a joint sitting, and shall make such a recording when directed so to do by the Chairman or Vice‑Chairman of the Committee.\n  (3) The Corporation shall, within such period as the Committee from time to time directs, deliver to the Chairman or Vice‑Chairman of the Committee any recording made by the Corporation in pursuance of this section.\n  (4) Where the Committee considers that a recording made by the Corporation in pursuance of this section is of sufficient historic interest to justify its being permanently preserved, the Committee may make such arrangements as it thinks fit for the permanent safe keeping of the recording.\n  (5) Where the Committee does not make arrangements for the permanent safe keeping of a recording, the Committee shall cause the recording to be destroyed.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Re‑broadcasting of parliamentary proceedings","content":"#### 14 Re‑broadcasting of parliamentary proceedings\n\n  (1) The Committee shall have power to determine the conditions in accordance with which a re‑broadcast may be made of any portion of the proceedings of either House of the Parliament or of a joint sitting.\n  (2) No re‑broadcast shall be made of any portion of the proceedings of either House of the Parliament or of a joint sitting otherwise than in accordance with the conditions so determined.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"No action for broadcasting parliamentary proceedings","content":"#### 15 No action for broadcasting parliamentary proceedings\n\n  No action or proceeding, civil or criminal, shall lie against any person for broadcasting or re‑broadcasting any portion of the proceedings of either House of the Parliament or of a joint sitting.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Broadcasting obligations inapplicable","content":"#### 16 Broadcasting obligations inapplicable\n\n  The provisions of sections 79A and 79B of the Australian Broadcasting Corporation Act 1983, clauses 3, 4 and 5 of Part 2 of Schedule 2 to the Broadcasting Services Act 1992, section 321D of the Commonwealth Electoral Act 1918, section 110C of the Referendum (Machinery Provisions) Act 1984 and sections 70A and 70B of the Special Broadcasting Services Act 1991 shall not apply to the Broadcasting or re‑broadcasting of any proceedings of either House of the Parliament or of a joint sitting.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Regulations","content":"#### 17 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which, by this Act, are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":18}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The supplied text presents the Act's original scope: mandating ABC broadcasts on specified national services, permitting televising of joint sittings, creating a Joint Committee to set broadcast/recording conditions, and exempting such broadcasts from certain other rules. No alteration of that scope is indicated in the provided material."},"complexity_factors":["Statutory mandate requiring the ABC to broadcast on specific national stations (s4(1)) — creates an operational obligation for a single public broadcaster.","Committee structure and appointment rules (ss5–11) — fixed composition, quorum, tenure and internal procedure govern decision‑making authority.","Wide Committee discretion to determine days/periods/conditions for broadcast and to direct the ABC to televise (ss12, 4(2)–(3)) — centralises scheduling control in a parliamentary body.","Power to delegate to a four‑member Sub‑Committee with its own quorum and authority (s13) — permits routine decisions to be made by a smaller group.","Recording, delivery, retention and destruction rules for recordings (s13A) — operational and archival duties, plus Chair/Vice‑Chair directions.","Exclusive conditions on re‑broadcasting and criminal/civil immunity for broadcasters (ss14–15) — affects third parties seeking to reuse material.","Express exclusions of other statutory broadcasting obligations (s16) — creates interaction points with multiple other Acts that must be navigated in implementation.","Regulation‑making power for ancillary matters (s17) — leaves detail work to delegated instruments, introducing implementation discretion."],"plain_english_summary":"Mechanically, the Act requires the Australian Broadcasting Corporation to transmit proceedings of the Senate, House of Representatives and joint sittings on specified national radio services, allows televising of joint sittings, and creates a nine‑member Joint Committee to set the days, periods and conditions for broadcasting, recording and rebroadcasting. It also grants legal immunity for persons who broadcast parliamentary proceedings and exempts those broadcasts from certain other broadcasting rules.\n\nThe law affects the ABC, other broadcasters seeking rebroadcast rights, members of Parliament (via the Committee) and the public by centralising control over when and how parliamentary proceedings are made available."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1946 Act was focused exclusively on radio broadcasting. Over time, amendments expanded its scope to include televising of joint sittings and the making of visual recordings, reflecting technological change. The addition of section 3A extending the Act to external territories also broadened its geographic reach beyond the original intent. The carve-outs in section 16 have also grown to reference legislation that did not exist in 1946, indicating the Act has been updated to maintain its exemptions as the broader broadcasting regulatory framework evolved."},"complexity_factors":["Cross-references to multiple other Acts (Broadcasting Services Act 1992, Australian Broadcasting Corporation Act 1983, Commonwealth Electoral Act 1918, Referendum (Machinery Provisions) Act 1984, Special Broadcasting Services Act 1991) requiring knowledge of those laws to fully understand the carve-outs in section 16","Constitutional reference to section 57 joint sittings adds a layer requiring constitutional literacy","Distinction between 'broadcasting', 're-broadcasting', and 'televising' is defined carefully and applied differently across sections","Committee governance structure with delegation powers, quorum rules, vacancy procedures, and Sub-Committee arrangements adds procedural complexity","The Act overrides provisions of other Acts ('notwithstanding' clauses), which requires understanding what those provisions would otherwise require","Dated drafting style (1946) uses archaic language ('effluxion of time', 'writing under his hand') that may obscure meaning for modern readers"],"plain_english_summary":"The Act requires the ABC to broadcast live radio coverage of Senate, House and joint sittings (and allows TV of joint sittings), under direction of a nine‑member Joint Committee that controls how and when proceedings are aired and rebroadcast.  \n\nIt guarantees public access to parliamentary debate, shields broadcasters from civil or criminal liability for airing proceedings, and overrides usual broadcasting and electoral advertising rules for those direct broadcasts."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1946 Act was designed for radio broadcasting only. The scope has expanded significantly through amendments to include television coverage (sections 3(2), 3(3), 4(2), 4(3), and 13A(2A)), visual recordings, and modern broadcasting services. The Act now also explicitly references the Broadcasting Services Act 1992 and other modern media legislation, showing evolution from simple radio transmission to multi-platform parliamentary coverage."},"complexity_factors":["Moderate cross-referencing: References to 6 other Acts (Australian Broadcasting Corporation Act 1983, Broadcasting Services Act 1992, Commonwealth Electoral Act 1918, Referendum (Machinery Provisions) Act 1984, Special Broadcasting Services Act 1991, and the Constitution)","Conditional logic in section 3(3): Special rules apply to sections 14-16 for joint sittings with specific deeming provisions","Multiple defined terms (5 explicit definitions in section 3 plus interpretive rules)","Nested authority structures: Committee can delegate to Sub-Committee (section 13), with specific quorum rules for each","Temporal complexity: Different timing rules for vacancies depending on whether Parliament is sitting (section 8)","Gendered language throughout ('his', 'he') indicating older drafting style that requires modern interpretation"],"plain_english_summary":"This law sets up the rules for broadcasting (radio and TV) of Australian Parliament proceedings to the public.\n\n**What it does:**\n- **Requires the ABC to broadcast Parliament:** The Australian Broadcasting Corporation must broadcast Senate, House of Representatives, and joint sitting proceedings on national radio stations across Australia, including in each capital city and Newcastle.\n- **Allows TV coverage of joint sittings:** The ABC may televise joint sittings of Parliament (when both houses meet together), subject to rules set by a special committee.\n- **Creates a Joint Committee:** A committee of 9 MPs and Senators (chaired by the President of the Senate and Speaker of the House) decides which days and times Parliament gets broadcast, and sets conditions for rebroadcasting recordings.\n- **Protects broadcasters:** People can't be sued or prosecuted for broadcasting parliamentary proceedings.\n- **Exempts Parliament from broadcasting rules:** Normal broadcasting laws about political advertising and election blackouts don't apply to parliamentary broadcasts.\n\n**Who it affects:**\n- The ABC (which must follow the Committee's directions)\n- Members of the Joint Committee (who control broadcasting schedules)\n- The public (who receive the broadcasts)\n- Anyone wanting to rebroadcast parliamentary recordings (must follow Committee conditions)\n\n**Why it matters:**\nThis law ensures Australians can listen to their Parliament at work, while also protecting the ABC from legal risks when broadcasting political debates. It balances transparency with practical limits on what gets aired and when."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-proceedings-broadcasting-act-1946","history":"/api/acts/parliamentary-proceedings-broadcasting-act-1946/history","analysis":"/api/acts/parliamentary-proceedings-broadcasting-act-1946/analysis","conflicts":"/api/acts/parliamentary-proceedings-broadcasting-act-1946/conflicts","importantCases":"/api/acts/parliamentary-proceedings-broadcasting-act-1946/important-cases","documents":"/api/acts/parliamentary-proceedings-broadcasting-act-1946/documents"}}