PART 1
MEDIA COMMISSION
3. Media Commission- (1) There is
established a statutory body, to be called the Media Commission.
(2) The Commission shall be a body corporate with perpetual succession and
a common seal and shall be capable of acquiring holding and disposing of
real and personal property, of suing and being sued, and of doing and
suffering all such acts and things as bodies corporate may lawfully do and
suffer.
(3) The Commission shall have a seal which shall be kept in the custody of
the chairperson and shall be used only pursuant to a resolution of the
board.
4. Board of the Commission - (1) There
shall be appointed by the Minister, a board of the Commission, which shall
be responsible for the administration of this Act.
(2) No person who is -
(a) a member of Parliament; or
(b) employed in the service of the Crown or any agency of the Crown; or
(c) a director, legal or beneficial shareholder or employee of a publisher
or broadcaster, or who is the spouse, de-facto partner or immediate family
of any such person,
shall be eligible for appointment as a member of the board.
(3) The board shall comprise 5 members -
(a) one of whom shall be appointed by the Minister from amongst candidates
nominated by persons carrying on the business of broadcasting in the Cook
Islands ;
(b) one of whom shall be appointed by the Minister from amongst candidates
nominated by persons carrying on the business of publishing in the Cook
Islands;
(c) one of whom shall be appointed by the Minister from amongst candidates
nominated by members of the Cook Islands Chamber of Commerce;
(d) two of whom shall be appointed by the Minister acting in his
discretion, one of whom shall be a barrister or solicitor of not less than
5 years experience and who shall be appointed by the Minister as
chairperson of the board.
(4) For the purpose of receiving nominations of members to be appointed
pursuant to subsection (3), the Minister shall by public notice call for
nominations from broadcasters, publishers and members of the Chamber of
Commerce, to be submitted to him within 14 days of the date of the notice,
of not less than 3 nor more than 5 candidates from each of those
categories. A nomination must be in writing and accepted by the nominee in
writing.
(5) Every nomination received and accepted pursuant to subsection (4)
shall be forwarded by the person nominating to the Minister, who shall
appoint from amongst each category of nominee, the person who in his
opinion is best able to -
(a) contribute relevant skills and experience to the board; and
(b) provide balanced input without personal bias of any kind.
(6) The Minister may decline to appoint a nominee nominated pursuant to
this section if in the opinion of the Minister -
(a) the appointment is likely to result in that nominee having a conflict
of interest;
(b) the appointment is likely to result in the disproportionate
over-representation on the board by a particular sector of publishers or
broadcasters or by a particular ownership interest;
(c) the nominee has been convicted during the previous 10 years of an
offence carrying a maximum sentence of more than 12 months imprisonment;
(d) the nominee lacks the qualities referred in subsection (5)(a) or (b).
(7) If no nominations are received by the Minister from any category of
persons referred to in subsection (4) within 14 days of the date of the
notice given under that subsection, the Minister may appoint a person as
board member who, in his discretion, the Minister believes will be able to
represent that category.
5. Term of office of board members - (1)
Except as provided in subsection (2), every board member shall hold office
for a term of three years but may from time to time be re-appointed.
(2) The first board members appointed pursuant to paragraphs (a), (b) and
(c) of section 4(2) shall be appointed for their first term only, for 2
years.
(3) Notwithstanding subsections (1) and (2), every board member whose
office is terminated by effluxion of time shall continue to hold office
until that member's successor comes into office.
6. Disclosure of conflicting interest - (1)
If a board member has any pecuniary interest, direct or indirect, in any
application, contract, proposed contract, licence, complaint or other
matter before the board and is present at a meeting of the board at which
the application, contract, proposed contract, licence, complaint or other
matter is the subject of consideration, that board member shall at the
meeting and as soon as practicable after its commencement disclose the
fact and shall not take part in the consideration or discussion of the
application, contract, proposed contract, licence, complaint or other
matter, or vote on any question with respect to it, and shall be excluded
from the meeting for the duration of the consideration, discussion and
voting.
(2) A board member who fails to comply with subsection (1) is guilty of an
offence and shall be liable on conviction to a fine not exceeding $5,000
unless the board member proves (the onus of proof being on the board
member) that he or she did not know that the contract, proposed contract,
licence or other matter in which he or she had a pecuniary interest was
the subject of consideration at that meeting.
(3) Every disclosure under subsection (1) shall be recorded in the minutes
of the board.
(4) No act or proceeding of the board shall be questioned on the ground
that a board member has contravened this section.
7. Conflicts of interest - (1) For the
purposes of section 6, a board member shall, subject to subsections (2)
and (3) and without limiting the extent of section 6, be deemed to have a
pecuniary interest, direct or indirect, in a contract, proposed contract,
licence or other matter if that board member or any nominee, trustee or
agent of that board member -
(a) is a member of a company or other body with which the contract was
made or is proposed to be made or which has a direct pecuniary interest in
the application, licence or other matter under consideration;
(b) is in the employment of or is a director or officer of a person with
whom the contract was made or is proposed to be made, or who has a direct
pecuniary interest in the application, licence or other matter under
consideration; or
(c) is a professional adviser to a person who has a direct or indirect
pecuniary interest in a application, contract, proposed contract, licence
or other matter under consideration.
(2) Subsection (1) shall not apply to membership of or employment under
any public body.
(3) In the case of married persons or persons in a de-facto relationship,
the pecuniary interest of one spouse or de-facto partner shall be deemed
for the purposes of section 6 to be also the interest of the other.
8. Proceedings of Commission - The
provisions of the First Schedule shall have effect in relation to the
Commission and its proceedings.
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PART 2
FUNCTIONS AND POWERS
9. Functions of Commission - The functions
of the Commission shall be to administer this Act and any regulations made
hereunder in a fair and impartial manner and without limiting the
generality of the foregoing, to -
(a) encourage media in the Cook Islands to reflect and develop Cook
Islands identity and indigenous culture;
(b) encourage the coverage of television and radio broadcasting, and print
media to parts of the Cook Islands that would otherwise not receive a
commercially viable signal or newspaper;
(c) encourage the establishment by broadcasters and publishers of archives
of programmes and publications that are likely to be of historical
interest in the Cook Islands;
(d) advise the Minister on codes of publishing and broadcasting practice;
(e) advise the Minister on advertising and internet codes of practice; and
(f) hear and determine licensing applications under Part 3;
(g) hear and determine complaints under Part 4;
(h) monitor the extent to which broadcasters, publishers, advertisers and
internet content providers comply with community standards and
expectations;
10. Freedom of speech and expression - The
Commission, broadcasters and publishers shall recognise the fundamental
right of freedom of speech and expression but must recognise also, that
every person has duties to others and accordingly is subject in the
exercise of the right of freedom of speech and expression, to such
limitations as are imposed by any enactment (including this Act) or rule
of law for the time being in force, for protecting the rights and freedoms
of others, or in the interests of public safety, order, or morals, the
general welfare, or the security of the Cook Islands.
11. Powers of the Commission - (1) The
Commission shall have all the powers reasonably necessary or expedient to
enable it to effectively carry out its functions.
(2) Without limiting the generality of subsection (1), the Commission or
any person authorised by the Commission who produces written evidence of
such authority may for the purpose of ensuring compliance with this Act or
any regulations made thereunder -
(a) require a broadcaster, advertiser or internet content provider,
publisher, or any officer, employee or agent of such a person to supply
such information or explanation as the Commission believes that it
requires for the purpose of enabling the Commission to properly consider
any complain or appeal made under this Act and generally to perform its
functions under this Act;
(b) direct a licensee that has without reasonable excuse failed to comply
in whole or in part with any obligations under this Act or any licence
issued under this Act to so comply within such time as the Commission may
reasonably require.
(3) Any person who wilfully obstructs or hinders or fails to co-operate
with the Commission or any person authorised by the Commission in the
lawful exercise of its powers under subsection (2) commits an offence
punishable by -
(a) in the case of an individual, to a fine of up to $2,000;
(b) in the case of a body corporate, to a fine of up to $5,000.
12. Government policy - (1) In the exercise
of its duties, functions and powers and in the preparation of its
statement of its goals under section 33, the Commission shall have regard
to any policy directions conveyed to it by the Minister in writing and
which are not inconsistent with the functions or powers of the Commission
as prescribed by this Act.
(2) A copy of every written policy direction given by the Minister
pursuant to subsection (1) shall be included in the next ensuing annual
report of the Commission.
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PART 3
LICENSING OF BROADCASTERS
13. Prohibition on broadcasting without a
licence - (1) No person shall operate a transmission installation for the
purpose of providing -
(a) television broadcasting; or
(b) radio broadcasting; or
(c) retransmitting television signals transmitted by a satellite or
otherwise,
except as authorised by and in accordance with the terms and conditions
of, a licence issued pursuant to this Part.
(2) Every person who owns or operates a transmission installation and who
broadcasts television, radio or re-transmits in contravention of
subsection (1) commits an offence and is liable on conviction to a fine
not exceeding $10,000 plus a further $100 for every day during which such
service continues to contravene that subsection.
14. Application for licence - (1) Every
person proposing to carry on broadcasting or to retransmit television
signals in or from the Cook Islands must apply in writing to the
Commission for a broadcasting licence to carry on that activity.
(2) No person other than a company -
(a) in which not less than two-thirds of the shares are legally and
beneficially owned by Cook Islanders ordinarily resident in the Cook
Islands; and
(b) which is in fact controlled by any means whatsoever (whether directly
or indirectly) by persons not less than two-thirds of whom are Cook
Islanders ordinarily resident in the Cook Islands,
may be granted a broadcasting licence.
(3) An application under subsection (1) must be in such form as may be
specified by the Commission and shall be accompanied by -
(a) a statement disclosing the ultimate and intermediate, if any,
beneficial ownership of the applicant and its directors and manager;
(b) the Memorandum and Articles of Association of the applicant;
(c) any agreement actual or intended between shareholders which affects, -
(i) the voting rights of any shareholder; or
(ii) the rights of any shareholder to participate in dividends or, upon a
winding up, in the capital of the applicant;
(d) particulars of -
(i) the type of service proposed;
(ii) the geographical range of the proposed service;
(iii) the source and nature of proposed programme material;
(e) the prescribed application fee and the prescribed first year's annual
licence fee.
(4) The Commission may in writing request that an applicant provide such
additional information and documents as the Commission considers necessary
to determine the application.
(5) If a request has been made under subsection (4), the applicant must
provide such additional information and documents to the Commission within
the time specified by the Commission.
(6) If an application is refused, the Commission shall refund the annual
licence fee to the applicant.
(7) An applicant must not furnish any information or document that is
false or misleading in any material particular in connection with an
application.
(8) If an applicant contravenes subsection (7), the applicant is guilty of
an offence punishable on conviction by a fine not exceeding $5,000.
15. Criteria for the issue of licence - The
Commission shall not issue a licence unless it is satisfied that -
(a) the ownership is in compliance with section 14 (2) and that the
reputation, financial capacity and financial history (if any) of the
applicant are satisfactory;
(b) each director and manager of the applicant is a fit and proper person
and has the ability to operate or manage the licensee;
(c) each shareholder of the applicant is a fit and proper person to have
an interest in a licensee;
(d) the applicant upon the issue of the licence will comply with this Act;
and
(e) issuing the licence is not against the public interest; and
(f) issuing the licence would not be detrimental to the reputation of the
Cook Islands.
16. Commission to issue or refuse licence
within 2 months - (1) The Commission shall within 2 months after receiving
an application for a licence and all other information and documents
requested by the Commission under section 14(4) -
(a) issue a licence to the applicant subject to such terms and conditions
as the Commission considers fit; or
(b) refuse the application and inform the applicant of the refusal.
(2) The Commission must advise an applicant in writing of the reasons for
its refusal to issue a licence under this section.
17. Conditions of a licence including
annual fees - (1) A licence issued under this Act must not be assigned or
transferred and any purported assignment or transfer is null and void.
(2) A licence shall be subject to such terms and conditions as may be
determined by the Commission.
(3) Without limiting subsection (2), every licence shall specify the
technical specifications of all transmission and reception installations
authorised to be used for the purposes of the licence including
specifications relating to -
(a) the design, site, installation, maintenance or operation (including
orating power, constancy and frequency) of transmission and reception
installations; and
(b) such other matters of a technical nature as the Commission considers
relevant.
(4) The Commission may -
(a) vary or remove a condition of a licence; or
(b) impose further conditions on a licence.
(5) Before taking action under subsection (4), the Commission must, by not
less than 21 days notice in writing to the licensee concerned, inform it
of the changes proposed and afford it an opportunity to make submissions
in writing to the Commission about the proposed changes.
(6) The licensee must make its submissions to the Commission within 14
days after the date of receipt of the notice.
(7) The Commission must take into account any submissions received when
deciding whether or not to proceed with the proposed changes.
(8) A licence issued under this Act shall remain in force for such term,
not exceeding 5 years as may be determined on the issue of the licence by
the Commission, or until it is sooner revoked by the Commission under
section 18.
(9) A licensee must pay to the Commission the prescribed annual licence
fee on each anniversary of the licence being issued.
(10) A licensee that fails to pay the fee by the due date is liable to a
penalty payable to the Commission as may be prescribed by regulations.
(11) An annual licence fee and any surcharge are debts due to the
Commission and are recoverable in a court of competent jurisdiction.
(12) If a licensee fails to pay -
(a) an annual licence fee by the due date; or
(b) a penalty referred to in subsection (10) by the due date,
and continues to broadcast, the licensee is guilty of an offence
punishable on conviction by a fine not exceeding $10,000 plus $100 for
every day or part of a day during which the offence continues.
18. Revocation or suspension of licence -
(1) The Commission may revoke or suspend a licence if the licensee -
(a) has breached any provision of this Act or regulations made hereunder;
(b) has breached a condition of its licence;
(c) has failed within 3 months of the date on which it is due, to pay the
licensee's annual licence fee or any penalty thereon;
(d) has failed to commence carrying on broadcasting of the type specified
in its licence within 3 months after the issue of its licence; or
(e) has ceased to carry on carrying on broadcasting of the type specified
in its licence for a period exceeding 3 months; or
(f) has made a written request to the Commission for its licence to be
revoked.
(2) If the Commission intends to revoke or suspend a licence, under
paragraph subsection (a), (b), (c), (d) or (e) of subsection (1), the
Commission must give 14 days notice in writing to the licensee of its
intention, and the grounds upon which it intends to revoke or suspend the
licence.
(3) The licensee may within 14 days after receiving the notice under
subsection (2) submit in writing reasons why its licence should not be
revoked or suspended.
(4) The Commission may revoke or suspend a licence -
(a) if the licensee does not make submissions under subsection (3); or
(b) having taken into account submissions made by the licensee, the
Commission is of the opinion that the licensee has failed to show good
reason why its licence should not be revoked or suspended.
(5) The Commission must give a licensee written notice of a revocation or
suspension.
(6) A revocation or suspension takes effect -
(a) on the date the notice referred to in subsection (5) is given to the
licensee; or
(b) such later date as is specified by the Commission in the notice.
(7) If a licence is revoked or suspended under this section, the licensee
must cease to carry on broadcasting on and from the date the revocation or
suspension takes effect.
(8) Subject to subsection (9), the period of suspension of a licence under
subsection (1) shall not exceed one month.
(9) If it is satisfied that is in the public interest to do so, the
Commission may extend the period of suspension of a licence under this
section for two further periods, each not exceeding one month.
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PART 4
MEDIA STANDARDS
19. Responsibility to maintain standards -
(1) Every publisher, broadcaster, advertiser and internet content provider
is responsible for maintaining in its publications, programmes,
advertisements, and internet content as the case may be and in their
presentation, standards that are consistent with the criteria contained in
subsection (2) and with such other standards as may be prescribed.
(2) Every publisher, broadcaster, advertiser and internet content provider
is responsible for maintaining standards that are consistent with -
(a) the observance of good taste and decency, taking into account
community standards and the timing and context of the programme, article,
advertisement or internet content;
(b) the maintenance of law and order;
(c) respect for the privacy of the individual;
(d) the principle of balance that when controversial issues of public
importance are addressed in news and current affairs, reasonable efforts
are made, or reasonable opportunities are given, to present significant
points of view either in the same programme or publication, or in other
programmes or publications within the period of current interest, subject
to the right of all media to put forward editorial opinion provided the
editorial nature of the comment is clearly apparent to the reader,
listener, or viewer as the case may be; and
(e) news and current affairs being truthful and accurate on points of
fact; and
(f) the requirement to deal justly and fairly with any person referred to
in an article or programme, or who is taking part in a programme; and
(g) the need for broadcasters to take into account at certain times of the
day, the young age of potential listeners and viewers.
20. Codes of media practice - (1) After
consultation with publishers, broadcasters, advertisers and internet
content providers, the Commission may recommend to the Minister, codes of
media practice.
(2) A code of media practice shall set out media standards not
inconsistent with Article 64 of the Constitution and this Act and may
include guidelines which are to be considered in the interpretation of the
standards set out in section 19(2) in their application to publishers and
broadcasters, advertisers and internet content providers.
(3) A code of media practice shall be brought into effect by the Queen's
Representative by Order in Executive Council acting on the advice of the
Minister.
(4) Every person must comply with a code of media practice that is
prescribed under this Act and which applies to that person.
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PART 5
COMPLAINTS
21. Retention of programmes - (1) Every
licensee shall retain a video tape, CD-Rom, electronic record or audio
tape as the case may require, for one calendar month of all programmes and
advertisements transmitted by the licensee during the preceding month.
(2) In the event that a licensee receives a complaint about a programme,
or is advised that the Commission has received a complaint about an
advertisement, the video tape, CD-Rom, electronic record or audio tape as
the case may be, shall without a request for same having to be made by the
Commission, be given by the licensee complained against to the Commission,
to enable the Commission to view or hear the programme or advertisement
complained about and to retain until after the complaint in question has
been finally determined pursuant to the processes contained in this Act.
22. Procedures for hearing and determining
complaints - Every publisher and broadcaster shall -
(a) establish and record in written form, procedures for hearing and
determining complaints regarding programmes broadcast or publications
published by it;
(b) make available to the Commission and to any member of the public on
the request, a copy of its written procedures established pursuant to
paragraph (a);
(c) receive, consider and determine every complaint about any programme
broadcast or publication published by it.
23. Complaints to broadcasters and
publishers - (1) Every person who alleges that a broadcaster or publisher
has broadcast a programme or published a publication that or part of which
is in breach of this Act or in breach of a code of media practice, may
complain to the broadcaster or publisher who broadcast or published the
item complaint of.
(2) Every complaint must -
(a) be in writing;
(b) be received by the broadcaster or publisher within 7 days of the item
complaint of, being broadcast or published;
(c) contain sufficient particulars to enable the broadcaster or publisher
to identify the item complained of including particulars where applicable
of date, time, name of the article or item and, where applicable, the
specific words or other matter complained against;
(d) contain reference to the particular code of media practice which it is
alleged by the complainant has been breached.
24. Complaints about advertisements and
internet content - (1) Complaints about advertisements and internet
content may be made directly to the Commission.
(2) The complainant shall refer to the code of media practice which the
complainant alleges that the advertisement or internet content has
breached.
25. Decisions by broadcasters and
publishers - (1) A broadcaster or publisher shall consider and determine
every complaint made to it within 7 days of receiving the complaint and
shall within 24 hours after making the decision notify the complainant in
writing of its decision.
(2) If the complaint is upheld, the broadcaster or publisher shall notify
the complainant in writing of the action it proposes taking or has taken
to rectify the matter complained against.
(3) The action to be taken by a broadcaster or publisher shall include one
or all of -
(a) a public apology to the complainant where the item complained about
was in respect of the complainant or a member of the complainant's
immediate family;
(b) re-imbursements of the complainant's expenses actually and reasonably
incurred in making the complaint, not exceeding $250;
(c) a correction where the item complaint of was factually incorrect;
(d) such other action as may be agreed between the complainant and the
broadcaster or publisher.
(4) In notifying the complainant of its decision under subsection (1), the
broadcaster or publisher shall in every case advise the complainant that
the complainant may within 7 days of receiving notice of the decision,
appeal to the Commission under section 26.
(5) The complainant shall also be notified that a referral to the
Commission must be made within 7 days of receiving the broadcaster's or
publisher's decision.
26. Appeal to Commission - (1) Where a
complainant is dissatisfied with the decision or with the action taken or
proposed to be taken by a broadcaster or publisher under section 25, the
complainant may within 7 days of receiving notice of the decision or of
the proposed action, appeal to the Commission.
(2) Where the complainant has not received from the broadcaster or
publisher a written decision on a complaint within 7 days of having made
the complaint, the complainant may within 14 days of the date of the
broadcast or publication complained about, refer the complaint to the
Commission.
27. Determination of complaints - (1)
Subject to subsection (2) the Commission shall, within 14 days of
receiving notice of an appeal under section 26(1) or after a complaint is
referred to it under section 26(2), consider and determine every appeal or
complaint with or without a formal hearing as the Commission may
determine, but the Commission shall in every case -
(a) give the complainant and to the broadcaster, publisher, advertiser or
internet content provider complained or appealed against as the case may
be, not less than 7 days to make submissions to it in writing in relation
to the appeal or complaint; and
(b) have regard to all relevant submissions made to it in relation to the
complaint.
(2) In considering every appeal or complaint made under this Part, the
Commission shall provide for as little formality and technicality as is
permitted by-
(a) the requirements of this Act; and
(b) a proper consideration of the appeal or complaint; and
(c) the principles of natural justice.
(3) The Commission may decline to hear or determine any appeal or
complaint if it is of the opinion that the complaint is frivolous,
vexatious or trivial.
28. Decisions by Commission - (1) If the
Commission decides that an appeal or complaint is justified in whole or in
part, it shall allow the appeal or uphold the complaint to the extent that
it is justified, and, having taken into account the seriousness of the
breach, may make an order directing the broadcaster, publisher, advertiser
or internet content provider to publish, broadcast or both, in such manner
and within such period as shall be specified by the Commission, a
statement that relates to the appeal or complaint and which includes a
correction or an apology or both, and which is approved by the Commission
for that purpose.
(2) In addition to any order made pursuant to subsection (1), the
Commission may order the person complained against to pay to the
complainant compensation not exceeding $1,000 plus the complainant's
actual and reasonable costs not exceeding $500 in relation to the appeal
or the complaint.
(3) The Commission shall, unless after consultation with the appellant or
complainant as the case may be the Commission decides that the interests
of the privacy of the appellant or the complainant warrant otherwise, make
public every decision made under this section including its reasons for
its decision.
(4) For the purpose of enforcing any order of the Commission for the
payment of compensation or costs, a duplicate of the order may be filed in
the Court by the person to whom the compensation or costs are payable and
shall thereupon be enforceable in all respects as a judgment of the Court
in its civil jurisdiction.
29. Offences - Every broadcaster and
publisher commits an offence and is liable on conviction to a fine not
exceeding $10,000 who fails to comply with an order made in respect of an
appeal or complaint upheld under section 28.
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PART 6
ACCOUNTABILITY
30. Funds of the Commission - The funds of
the Commission shall comprise -
(a) all license fees and registration fees payable under this Act which,
without further authority than this section, shall be and are appropriated
to the Commission for the lawful carrying out of its functions and powers
under this Act;
(b) monies donated to the Commission or to the Government of the Cook
Islands for the purposes of the Commission, by any regional or
international agency or by any foreign Government;
(c) money appropriated by Parliament for the purposes of the Commission;
(d) all other money lawfully received by the Commission for the purposes
of the Commission;
(e) accumulations of income derived from any such money.
31. Bank accounts - (1) The Commission may
with the approval of the Minister and of the Financial Secretary keep such
bank account or accounts as may from time to time be approved by the
Board.
(2) No money shall be withdrawn from any bank account except by cheque or
other instrument signed by not less that two persons, being either two
board members or one board member and an employee of the Commission as the
Board may from time to time determine.
32. Financial reporting and fiscal updates
- The Commission shall deliver to the Ministry of Finance and Economic
Management, financial reports and fiscal updates in accordance with Parts
II and V of the Ministry of Finance and Economic Management Act 1995-96,
as if the Commission was a government department as defined in that Act.
33. Commission's goals - The Board shall in
each year include in its annual report for that year -
(a) a statement of its goals for the next two years and the steps that it
proposes to take to achieve those goals; and
(b) a statement of the extent to which it met its goals in the year to
which the annual report relates.
34. Annual report - (1) Within 3 months
after the end of every financial year the Commission shall deliver to the
Minister a report of the operations of the Commission during that
financial year, including statements of -
(a) financial position;
(b) financial performance;
(c) cashflows;
(d) commitments;
(e) specific fiscal risks;
(f) accounting policies;
(g) the statements required by section 33,
together with such other statements as are consistent with generally
accepted accounting practice.
(2) The annual report made under subsection (1) shall state the
information necessary to enable an informed assessment of the operations
of the Commission including a comparison of the performance of the
Commission with the statement of corporate intent.
(3) The Minister shall, as soon as an annual report is received by him,
table a copy in Parliament if Parliament is then in Session and if
Parliament is not then in Session, shall table the report at the
commencement of the next ensuing Session.
35. Application of Ministry of Finance and
Economic Management Act - The Ministry of Finance and Economic Management
Act 1995-96 shall apply to the Commission except to the extent that any
provisions of that Act are inconsistent with this Act.
36. Office of the Public Expenditure Review
Committee and Audit to be auditor - (1) The Office of the Public
Expenditure Review Committee shall be the auditor of the Commission, which
office will have and may exercise the functions, duties and powers it has
under the Public Expenditure Review Committee and Audit Act 1995-96.
(2) Without limiting subsection (1), the board may with the agreement of
the Office of Public Expenditure Review Committee and Audit, appoint a
person or a firm to conduct audits of the Commission.
37. Disclosure of sensitive information -
Nothing in this Act shall be construed as requiring the inclusion in any
report required under this Act, any information that could be properly
withheld if it would otherwise damage the commercial interests of a
broadcaster, publisher, advertiser or internet content provider, or any
person who is a member, director or other officer, or an employee thereof,
or is information that may be withheld under any Act concerning the
disclosure of information.
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PART 7
JUDICIAL REVIEW
38. Judicial review of the Commission's
decisions - A person adversely affected by the exercise, refusal to
exercise, or proposed or purported exercise by the Commission of a
decision-making power under this Act, may within 21 days of such exercise,
refusal to exercise, or proposed or purported exercise as the case may be,
file in the Court an application for review and the provisions of the
Second Schedule to this Act shall thereupon apply.
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PART 8
MISCELLANEOUS
39. Power to require transmissions - During
a state of emergency under section 12 of the Hurricane Safety Act 1973,
licensees shall make transmission services available at a charge no higher
than its usual commercial rates, to persons authorised by the Minister to
transmit such weather forecasts and reports and other matters as the
Minister considers necessary for public safety.
40. Liability of directors and officers of
bodies corporate - If a body corporate is convicted of an offence under
this Act or any regulations made under this Act, every director and every
officer concerned in the management of the body corporate commits an
offence if it is proved that the act or omission that constituted the
offence took place with that person's knowledge, authority, permission or
consent.
41. Regulations - (1) The Queen's
Representative may from time to time by Order in Executive Council
promulgate such regulations as may be necessary or expedient for giving
effect to the provisions of this Act and for the due administration
thereof.
(2) Without limiting the generality of subsection (1), such regulations
may prescribe -
(c) remuneration and allowances for persons appointed as chairperson and
board members of the Commission;
(d) application fees for person applying for a broadcasting licence;
(e) annual licence fees for radio broadcast licences, television broadcast
licences and for re-transmission of radio or of television programmes;
(f) standards for -
(i) radio broadcasting licensees;
(ii) television broadcasting licensees;
(iii) publishers;
(iv) the broadcasting or publication of advertisements;
(v) internet content,
(e) penalties payable pursuant to section 17(10).
(3) All such regulations shall be laid before Parliament forthwith after
the date of making thereof if Parliament is then in Session, and if
Parliament is not then in Session, shall be laid before Parliament at the
commencement of the next ensuing Session.
42. Savings - Notwithstanding the repeal by
this Act of the Broadcasting Act 1989 every company that as at the date of
the passing of this Act is the holder of a licence issued by the Minister
of broadcasting pursuant to the Broadcasting Act 1989 shall, upon the date
of the coming into force of this Act and upon payment by it to the
Commission of the annual licence fee prescribed by regulations made under
this Act, be entitled to have the equivalent type of broadcasting licence
issued to it under this Act for the remainder of the term of the licence
that it held under the Broadcasting Act 1989; and the licence issued
pursuant to this section shall for such term continue in effect as if it
been issued by the Commission pursuant to this Act.
43. Act to bind the Crown - This Act shall
bind the Crown.
44. Repeal - The Broadcasting Act 1989 is
repealed.
This Act is administered by the Media
Commission.
RAROTONGA, COOK ISLANDS: Printed under the
authority of the Government of the Cook Islands - 2005.
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