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Broadcasting Commission Act [Cap 105]

LAWS OF FIJI

CHAPTER 105

BROADCASTING COMMISSION

TABLE OF PROVISIONS

SECTION
1. Short-title
2. Interpretation
3. Establishment
4. Tenure and vacation of membership
5. Meetings and proceedings
6. Commission to be body corporate
7. No personal liability to attach to members
8. Proceedings not to be invalidated by reason of vacancy
9. Duty of Commission
10. Powers of Commission
10A. Officers of the Commission
11. Advertising
12. Items of general interest
13. Power to prohibit broadcast of certain matter
14. Borrowing powers of Commission
15. Accounts and audit
16. Acquisition of lands
17. Provisions of Cap. 173 to apply to Commission
18. Reservation to Her Majesty

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Ordinance Nos. 26 of 1952, 12 of 1953, 9 of 1955, 25 of 1968,
Legal Notices Nos. 112 of 1970, 118 of 1970,
Act No. 11 of 1983

AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A COMMISSION TO CARRY ON A BROADCASTING SERVICE IN FIJI AND FOR MATTERS CONNECTED THEREWITH.

[11 May 1953]

Short title

1. This Act may be cited as the Broadcasting Commission Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"broadcasting" means the sending out by radio of any message or other matter for the information, education or entertainment of the public or any class of the public;

"Commission" means the Fiji Broadcasting Commission established by section 3;

"radio" means the transmission over any distance without connecting wires of writing, signs, signals, facsimiles sounds and other matter of all kinds by means of Hertzian waves and includes the reception of such writing, signs, signals, facsimiles, sounds or other matter.

Establishment

3.-(1) For the purposes of this Act, there shall be established a Commission to be called the Fiji Broadcasting Commission.

(2) The Commission shall consist of a chairman, a deputy chairman and not less than six other members all to be appointed by the Minister.
(Substituted by Ordinance 25 of 1968, s. 2.)

(3) The chairman, the deputy chairman and not less than one half of the other members of the Commission shall be persons not holding an office of emolument under the Crown.
(Substituted by Ordinance 25 of 1968, s. 2.)

(4) The Minister may appoint any person to act in the place of the chairman, the deputy chairman or any other member of the Commission in case of his absence or inability to act as such member.
(Amended by Ordinance 25 of 1968, s. 2 and Legal Notice 112 of 1970.)

(5) The powers of the Commission shall not be affected by any vacancy in the membership thereof.

Tenure and vacation of membership

4.-(1) A member shall hold office for such period, not exceeding five year as is specified in the instrument appointing him to be a member:

Provided that, if the Minister is satisfied that a member-

(a) has been absent from meetings of the Commission for a period longer than three consecutive months without the permission of the Commission; or

(b) has become bankrupt; or

(c) is incapacitated by physical or mental illness; or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Minister may by notice in the Gazette declare his office as a member of the Commission to be vacant and thereupon his office shall become vacant.
(Amended by Legal Notice 112 of 1970.)

(2) Notwithstanding the foregoing provisions of this section, any member may resign his office by giving written notice to the Permanent Secretary to the Ministry.
(Amended by Legal Notice 112 of 1970.)

(3) If the chairman or the deputy chairman ceases to be a member of the Commission he shall cease to be chairman or deputy chairman, as the case may be.
(Substituted by Ordinance 25 of 1968, s. 3)

(4) A member of the Commission who ceases to be a member shall be eligible for re-appointment.

Meetings and proceedings

5.-(1) The quorum at all meetings of the Commission shall be four members.

(2) At all meetings of the Commission the chairman, or, in his absence, the deputy chairman, or in his absence, such member as the members present may select, shall preside.
(Substituted by Ordinance 25 of 1968, s. 4.)

(3) All questions coming or arising before a meeting of the Commission shall be decided by a majority of the members present and voting thereon at the meeting, and, in the case of an equality of votes, the person presiding shall have a second or casting vote.

(4) Subject as aforesaid the Commission may make rules governing its own procedure and that of its committees.

(5) All orders and directions of the Commission shall be made or given under the hand of the chairman or secretary of the Commission.

Commission to be body corporate

6.-(1) The Commission shall be a body corporate under the name of the Fiji Broadcasting Commission with perpetual succession and a common seal which shall be officially and judicially noticed and with power to acquire and hold land. The seal shall be authenticated by the signature of the chairman, or in his absence, the deputy one other member of the Commission authorised either generally or specially by the Commission to act in that behalf.
(Amended by 25 of 1968, s. 5.)

(2) The Commission may sue and be sued in its corporate name. Service of any process or notice on the Commission may be effected by leaving the same at the office of the Commission, with the chairman or secretary of the Commission

No personal liability to attach to members

7. No personal shall attach to any member of the Commission in respect of anything done or suffered in good faith and without negligence under the provisions of this Act.

Proceedings not to be invalidated by reason of vacancy

8. No act or proceeding of the Commission shall be invalidated in consequence of there being a vacancy in the number of the Commission a~ the time of such act or proceeding.

Duty of Commission

9. It shall be the duty of the Commission to maintain a broadcasting service as a means of information, education and entertainment and to develop the service to the best advantage and interest of Fiji.

Powers of Commission

10.-(1) Subject to the provisions of this Act, the Commission may do all things necessary and convenient for the carrying out of its duties under this Act.

(2) Without prejudice to the generality of the provisions of subsection (1), the Commission may-

(a) purchase or otherwise acquire and hold any personal property required for the purposes of this Act and may dispose of any such personal property no longer required for such purpose;

(b) purchase or otherwise acquire and hold and may take on lease any real property and any interest therein required for the purposes of this Act;

(c) erect, equip and maintain plant, buildings, stations and equipment necessary for broadcasting;

(d) * * * (Repealed by Act II of 1983, s. 27 and Sched. 2.)

(e) provide for persons in its employ or their dependants by means of insurance, pension or provident fund or otherwise, pecuniary benefits upon retirement, death or termination of service or in the event of illness;

(f) contract with the Permanent Secretary for Posts and Telecommunications* for the supply of services essential to broadcasting;
* See Legal Notice No. 145 of 1975.

(g) provide broadcasting facilities for commercial and social activities including the broadcasting of advertisements and make charges therefor;

(h) compile and prepare, print, publish, issue, circulate and distribute, whether gratis or otherwise, such papers, magazines, periodicals, books and other literary matter as may seem conductive to the objects of the Commission;

(i) make payments to the chairman, deputy chairman and other members of the Commission in respect of expenses incurred l)y them in attending meetings of the Commission and in carrying out their duties, and, in such sums as the Minister may from time to time determine, in respect of remuneration for carrying out their duties.
(Substituted by Ordinance 25 of 1968, s. 6.)

Officers of the Commission

10A.-(1) The Commission may appoint a manager and such other officers and servants as it considers necessary for the proper carrying out of the functions of the Commission.

(2) The manager shall be paid such salary as is determined from time to time by the Higher Salaries Commission.

(3) Subject to the provisions of the Higher Salaries Act, the other officers and servants of the Commission shall be paid such salaries as the Commission from time to time determines.

(Inserted by Act 11 of 1983, s.27 and Sched. 2.)

Advertising

11. If the Commission desires to broadcast advertisements it shall publish a tariff of advertising charges.

Items of general interest

12.-(1) The Minister may by notice in writing require the Commission to include in any programme broadcast by the Commission such items of general interest or utility as the Minister may from time to time determine:

Provided that the requirements of the Minister under this section shall not be such as to entail the broadcasting of matter for a period in excess of thirty minutes in any period of twelve consecutive hours.
(Amended by Legal Notice 112 of 1970.)

(2) The Commission may make charges for broadcasts required under this section in accordance with the usual rate of charges made for commercial broadcasts.

Power to prohibit broadcast of certain matter

13. The Minister may by notice in writing delivered at the principal office of the Commission prohibit the Commission from broadcasting any matter or matter of any class or character specified in the notice. Any such notice may specify whether or not the Commission may at its discretion announce that the notice has been given.
(Amended by Legal Notice 112 of 1970.)

Borrowing powers of Commission

14.-(1) The Commission may with the approval of the Minister responsible for finance borrow such sums as it may require for meeting its obligations and discharging its functions under this Act. The sums aforesaid may be borrowed from the Government or from such other persons and upon such terms and conditions as may be approved by such Minister.

(2) Where any such "moneys as aforesaid are borrowed otherwise than from the Government, the repayment of such moneys and the payment of interest thereon may, if the Minister thinks fit, be guaranteed by the Government.
(Amended by Legal Notice 112 of 1970.)

Accounts and Audit

15.-(1) The Commission shall keep proper accounts and other records in relation thereto and shall prepare in respect of each financial year a statement of account.

(2) The accounts of the Commission shall be audited by an auditor to be appointed by the Commission with the approval of the Minister.
(Amended by Ordinance 25 of 1968, s. 7 and Legal Notice 112 of 1970.)

(3) As soon as the accounts have been audited, the Commission shall send a copy of the statement of accounts referred to in subsection (1) to the Minister, together with a copy of any report made by the auditor on that statement or on the accounts of the Commission.
(Amended by Legal Notice No. 112 of 1970.)

(4) The accounts of the Commission shall, as soon as may be after the close of each financial year and after audit, be published in such manner as the Minister may direct.
(Amended by Legal Notice 112 of 1970.)

Acquisition of lands

16.-(1) It shall be lawful for the Minister to acquire for an estate in fee simple or for a term of years as he may think proper any lands required by the Commission for the purposes of carrying out its functions under this Act.
(Amended by Legal Notice 118 of 1970.)

(2) The provisions of the Crown Acquisition of Lands Act shall apply to the acquisition of lands under this section.
(Cap. 135.)

(3) The Commission shall reimburse the Government for all costs of land or any interest therein acquired under this section and for all costs incurred in such acquisition and thereupon the Government shall transfer such land or interest to the Commission.

Provisions of Cap. 173 to apply to Commission

17. Nothing in this Act shall be deemed to exempt the Commission, its servants or agents from the provisions of the Telecommunications Act.
(Cap. 173.)
(Amended by Ordinance 9 of 1955, s. 26.)

Reservation to Her Majesty

18. Nothing herein contained shall affect or be deemed to affect the rights of Her Majesty, or of any bodies politic or corporate, or other person or persons except such as are mentioned or referred to in this Act, and those claiming by, from, through and under them.

Controlled by Office of the Prime Minister

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