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Thursday, 2 June 1960


Mr CALWELL (Melbourne) (Leader of the Opposition) . - There can be no objection to this amendment. I hear Government supporters interjecting, but I am addressing you, Mr. Chairman, not the wobblies. This amendment is unobjectionable, but the thought arises, " Why was not it included in the original draft? " It is further evidence of the half-baked form in which the bill was presented. It is now being licked into some sort of shape, but I would like to know what genius among the backbenchers thought up this particular line of argument that had not presented itself to the great legal luminaries in the Government or to the distinguished non-lawyers who constitute the Government. Why did we have to wait until the bill went to the Senate before the amendment was made? I hope that independent interests will obtain licences in country areas, but I have some very grave doubts as to whether they will.

Senate's amendment agreed to.

Clause 31-

After section one hundred and five of the Principal Act the following section is inserted in Division 5 of Part IV.:- " 105a. - (1.) The Board may, upon the application of the licensee of a television station, by order addressed to a person who -

(a)   has the right, by virtue of ownership or otherwise, to make a television film available, or to procure another person to make a television film available, to that licensee for use by that station; and

(b)   has not complied with a request by that licensee that he make the film so available, or procure the film to be made so available, or has, in response to such a request, required the licensee to accept terms or conditions that are not acceptable to the licensee, direct that person to make the film so available, or to procure it to be made so available, in accordance with the order and on terms and conditions specified in the order, being terms and conditions that appear to the Board to be just and reasonable in all the circumstances. " (3.) The Board shall not make an order under this section if the Board is satisfied that the person against whom the order is sought has a reasonable ground of objection to the making of the order. " (4.) Without limiting the generality of the last preceding sub-section, where an application under this section relates to a television film made or procured for the use of, or previously made available or contracted in the ordinary course of business to be made available for the use of, a particular television station or of particular television stations, the person against whom the order is sought shall be taken to have a reasonable ground of objection to the making of the order if he satisfies the Board that the making of the order would -

(a)   enable the television film to be used by a television station serving an area coinciding to a substantial extent with the area served by that particular station or one of those particular stations;

(b)   enable the film to be used in Australia before there had been a reasonable opportunity for it to be used by that particular station or all those particular stations;

(c)   prevent the film from being available at a time when it was bona fide required for use by that particular station or one of those particular stations; or

(d)   cause a breach of a reasonable condition imposed by agreement by an advertiser or other person who had sponsored the television of that film by that particular station or one of those particular stations.

Senate's amendment No. 6 -

In sub-section (4.) of proposed section 105a, after " Board ", insert " , or the Commonwealth Industrial Court upon an appeal,".







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