Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 25 June 2003
Page: 12433


Senator HARRIS (9:50 AM) —I move amendment (1) on QS207:

(1) Schedule 2, item 4, page 11 (after line 7), after section 61B, insert:

61BA Extended meaning of unacceptable 3-way control situation

(1) The definition of unacceptable 3-way control situation in section 61B has effect, in relation to a regional licence area, as if:

(a) each reference in the following provisions (the modified provisions) to a newspaper included a reference to a local paper:

(i) that definition;

(ii) the definition of associate in subsection 6(1);

(iii) section 7;

(iv) section 60;

(v) section 61;

(vi) the definition of set of media operations in section 61B;

(vii) Schedule 1; and

(b) for the purposes of the modified provisions and paragraph (c), a local paper were associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence if, and only if, at least 50% of the circulation of the local paper is within the licence area of the licence; and

(c) for the purposes of the modified provisions, if a person is (apart from this paragraph) in a position to exercise control of a local paper (the first local paper) associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence—the first local paper were ignored unless:

(i) the circulation of the first local paper within that licence area is at least 25% of the licence area population; or

(ii) the person is (apart from this paragraph) in a position to exercise control of one or more other local papers associated with the licence area of the licence, and the combined circulation of the first local paper and those other local papers within that licence area is at least 25% of the licence area population.

Definition

(2) In this section:

local paper means a newspaper (within the ordinary meaning of that expression) that:

(a) is in the English language; and

(b) is published at least once a week; and

(c) is not entered in the Associated Newspaper Register;

but does not include a publication if less than 50% of its circulation is by way of sale.

Again, this generally speaks to the topic that we have been considering in the debate. This amendment brings in a definition, particularly in relation to newspapers. When we look at the definition of `newspapers' in the act, it has a rather innocuous definition. The concern that I had in relation to the bill was that the government's legislation, if passed, would place a great weight on what was a newspaper, in relation to the issues of not only the minimum number of voices but also other considerations in the bill. This inserts into page 11 of the bill under line 7 a definition of an `unacceptable 3-way control situation'. This is mainly in relation to rural areas.

The purpose of putting in the modified provisions is where a local paper is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence if, and only if, at least 50 per cent of the circulation of the local paper is within the area of the licence. The amendment then sets out under (1)(c)(i):

... the circulation of the first local paper within that licence area is at least 25% of the licence area population ...

So if the circulation of that paper were below 25 per cent then that paper would not be caught in the definition. The amendment goes on in paragraph (2):

...local paper means a newspaper (within the ordinary meaning of that expression) that:

(a) is in the English language; and

(b) is published at least once a week; and

(c) is not entered in the Associated Newspaper Register...

So the amendment clearly removes any ambiguity in the present definition in the bill. I believe this is very important, as I said earlier, when we actually take into consideration how the assessment of the voices in particular is made, because they have equally as much impact in rural areas, non-metropolitan areas, as they do in metropolitan areas. I commend the amendment to the chamber.