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Thursday, 26 June 2003
Page: 17779

Message received from the Senate returning the bill and acquainting the House that the Senate has considered message No. 353 of the House relating to the bill, insists on its amendments (16), (20), (23), (24), (42) and (43) disagreed to by the House and desires the reconsideration of the bill by the House in respect of the amendments.

Ordered that the amendments be considered forthwith.

Senate's amendments—

(16) Schedule 2, item 4, page 12 (line 30), omit “if”, substitute “provided”.

(20) Schedule 2, item 4, page 13 (line 4), at the end of subsection 61E(1) (before the note), add:

; and (d) the application is not in relation to a set of media operations in a metropolitan licence area that includes a television broadcasting licence and a newspaper associated with the licence area.

(23) Schedule 2, item 4, page 13 (after line 5), after subsection 61E(1), insert:

(1A) The ABA must refuse to issue a cross-media exemption certificate if it relates to a set of media operations in a metro-politan licence area and the set includes a television broadcasting licence and a newspaper associated with the licence area.

(24) Schedule 2, item 4, page 14 (after line 6), at the end of subsection 61F(2), add:

; and (d) the entities, or parts of the entities, that run those media operations, where those media operations in-volve a television station and one or more daily newspapers in the same market, have established an editorial board for the news and current affairs operation of the television station which will:

(i) have complete editorial control over the news and current affairs output of the television station, subject only to a right of veto by the entity over any story which is likely to expose the entity to a successful legal action for damages; and

(ii) consist of three members, one appointed by the entity, one elected by the staff of the news and current affairs operation, and an independent chair appointed by agreement between the entity and the Authority; and

(iii) have the power to ratify the appointment or dismissal of the news editor, who in turn shall have the power to appoint or dismiss all staff of the news and current affairs operation within the budget set by the entity; and

(iv) abide by any commercial object-ives set by the entity and approved by the Authority con-sistent with the objectives of this Act and this section.

(42) Schedule 2, page 37 (after line 8), after item 8, insert:

8AA Before section 150

Insert:

150A Action by ABA in relation to a broadcasting service where complaint justified

(1) If, having investigated a complaint, the ABA is satisfied that:

(a) the complaint was justified; and

(b) the ABA should take action under this section to encourage a provider of a broadcasting service to comply with the relevant code of practice;

the ABA may, by notice in writing given to a provider of a broadcasting service, recommend that it take action to comply with the relevant code of practice and take such other action in relation to the complaint as is specified in the notice.

(2) That other action may include broadcasting or otherwise publishing an apology or retraction or providing a right of reply.

(3) The ABA must notify the complainant of the results of such an investigation.

150B ABA may report to Minister on results of recommendation

(1) If:

(a) the ABA has made a recommendation to a provider of a broadcasting service under section 150A; and

(b) the provider of a broadcasting service has not, within 30 days after the recommendation was given, taken action that the ABA considers to be appropriate;

the ABA may give the Minister a written report on the matter.

(2) The Minister must cause a copy of the report to be laid before each House of the Parliament within 7 sitting days of that House after the day on which he or she receives the report.

(43) Schedule 2, page 37 (after line 8), after item 8, insert:

8AB At the end of subsection 152(2)

Add “or providing a right of reply”.