134Regulations

##### 134 Regulations (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for: (a) prescribing matters relating to the making of, and the terms and conditions that may be included in, agreements or arrangements for or in connection with rights to the use of any material or matter in broadcast programs or for or in connection with the broadcasting of advertisements, being agreements or arrangements between persons each of whom is either a licensee or a person having a prescribed relationship with a licensee; (b) regulating or restricting the relaying, by holders of licences of a particular category of licence, of programs of holders of other licences of the same category; (ba) the establishment and constitution of a Broadcasting Council for the purposes of subsection 125D(2); (c) imposing on licensees and persons having a prescribed relationship with such licensees obligations and restrictions in relation to matters affecting other licensees and, in particular, in relation to matters affecting the availability of program rights or material to other licensees; and (d) empowering the Minister, upon the recommendation of the Tribunal, to direct a person (including the holder of a television licence) to grant rights to the use of any material or matter in televised programs to the holder of a television licence in accordance with the direction and upon terms specified in the direction, and dealing with matters incidental to such directions. (1A) The regulations may provide, in respect of an offence against the regulations, for the imposition of a fine not exceeding $1,000. (2) The regulations empowering the giving of a direction referred to in paragraph (1)(d) shall make provision for: (a) conferring on every person affected by such a direction a right to have the direction reviewed by the Federal Court of Australia upon the ground that: (i) he has a reasonable ground of objection to the granting of the rights referred to in the direction; or (ii) the terms specified in the direction are not just and reasonable, or on both those grounds; and (b) empowering the Court, upon such a review, to quash or vary the direction. (2A) Without limiting the generality of subsection (1), the regulations may make provision for and in relation to inquiries, or any matter relating to inquiries, and in particular for and in relation to: (a) the extension of time limits under this Act for the lodgement of inquiry documents; and (b) fees for the provision by the Tribunal of copies of inquiry documents. (3) Jurisdiction is, by this Act, conferred on the Federal Court of Australia to hear and determine proceedings on a review under the regulations, and that jurisdiction may be exercised by such number of judges as the regulations provide. (4) In this section: (a) a reference to an inquiry document is a reference to: (i) an application under this Act requesting the Tribunal to exercise any of its powers under this Act; or (ii) a submission or other document in relation to an application referred to in subparagraph (i) or in connection with an inquiry; (b) a reference to a licensee includes a reference to the holder of a permit; and (c) a reference to a licence includes a reference to a permit.