Commonwealth Consolidated Acts

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AUSTRALIAN BROADCASTING CORPORATION ACT 1983 - SECT 78

Power of Minister to give directions to Corporation in the national interest

  (1)   If the Minister is of the opinion that the broadcasting of particular matter by the Corporation would be in the national interest, the Minister may direct the Corporation to broadcast that matter over all of its national broadcasting services or over such of them as are specified in the direction. If such a direction is given, the Corporation must broadcast that matter, free of charge, in accordance with the direction.

  (2)   In subsection   (1):

"national broadcasting services" has the meaning given by section   13 of the Broadcasting Services Act 1992 .

  (3)   Subsection   (1) has effect subject to section   79A.

  (3A)   If the Minister is of the opinion that the provision of particular content by the Corporation would be in the national interest, the Minister may direct the Corporation to provide that content on all of its digital media services or on such of them as are specified in the direction. If such a direction is given, the Corporation must provide that content, free of charge, in accordance with the direction.

  (4)   A direction under this section shall be sent by telegraph, or by notice in writing, to the Managing Director.

  (5)   Where the Minister gives a direction to the Corporation under this section, the Minister shall cause a statement setting out particulars of, and the reasons for, the direction to be laid before each House of the Parliament within 7 sitting days of that House after the direction was given.

  (6)   Except as provided by this section, or as expressly provided by a provision of another Act, the Corporation is not subject to direction by or on behalf of the Government of the Commonwealth.

  (7)   Without limiting subsection   (6), section   22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) does not apply in relation to the Corporation.



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