Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

AUSTRALIAN BROADCASTING CORPORATION BILL 1983

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of the proposed new clauses 77A to 77Q (Senator Baume's amendment), and of the amendments moved thereto by Senator Harradine (see Journals pp. 132-136)-

The Chairman of Committees (Senator Hamer) having, on request, divided the Question- Question proposed-That the following amendments to the proposed new clauses be agreed to (Senator Harradine's amendments): Proposed new clause 77A, definition of ''complaint'', paragraph (a), leave out ''unjust or unfair'', insert ''inaccurate, unfair or biased''.

Proposed new clause 77A, definition of ''complaint'', paragraph (b), at end of paragraph, add ''(whether or not the matter so obtained was included in the program)''.

Question-put and passed.

Question-That the words proposed to be added to proposed new clause 77A (Senator Harradine's amendment 3) be added-put and negatived.

Question proposed-That the following amendments to the proposed new clauses be agreed to (Senator Harradine's amendments): Proposed new clause 77A, definition of ''person affected'', leave out the definition.

Proposed new clause 77D, sub-clause (1), leave out ''affected'', insert ''making the complaint''.

Proposed new clause 77D, sub-clauses (2) and (3), leave out the sub-clauses, insert the following new sub-clause: ''(2) The complaint may be made by an individual, or by a body of persons, whether incorporated or not.''.

Proposed new clause 77E, leave out the proposed clause.

Proposed new clause 77F, sub-clause (1), leave out ''Subject to section 77E,''.

Proposed new clause 77F, paragraph (4) (c), leave out ''the person affected or'' .

Question-put and negatived.

Question-That the proposed new clauses (Senator Baume's amendment), as amended, be inserted in the Bill-put.

The Committee divided-

AYES, 26

Senators- Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard (Teller) Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff Lajovic Lewis MacGibbon Martin Messner Rae, Peter Reid Scott Townley Walters Watson Withers

NOES, 32

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines McClelland McIntosh Macklin Maguire Mason Primmer Ray, Robert Reynolds Richardson Robertson ( Teller) Ryan

Sibraa

Walsh

Zakharov

Amendment negatived accordingly.

Clauses 78 to 81, by leave, taken together and agreed to.

Clause 82 read- On the motion of the Leader of the Australian Democrats (Senator Chipp) the following amendment was debated and agreed to, viz: Page 52, lines 1 to 8, leave out sub-clause (3), insert the following sub-clause: ''(3) The Managing Director shall- (a) on the recommendation of- (i) the Advisory Council established in relation to the State or Territory concerned; or

(ii) if no such Advisory Council has been established-the Australian Broadcasting Corporation Advisory Council, appoint, in each State, in the Northern Territory and in the Australian Capital Territory, a person or persons, to be known as Community Affairs Officers, to consider complaints mentioned in sub-section (1); and

(b) on the recommendation of the Australian Broadcasting Corporation Advisory Council, appoint an officer of the Corporation, to be known as the Principal Community Affairs Officer, whose duties will consist of or include the co- ordination of the activities of the Community Affairs Officers.''.

Senator Harradine, by leave, moved the following amendments together: No. 1-Page 51, after paragraph (1) (b), insert the following new paragraphs: ''(c) that a program was inaccurate, unfair or biased;

(d) that a program was otherwise offensive''.

No. 2-Page 51, sub-clause (2), lines 38 to 43, leave out the sub-clause.

No. 3-Page 51, paragraph (1) (b), lines 33 to 36, at end of paragraph, add the following words: ''(whether or not the invasion of privacy complained of was contained in the actual broadcast or televising of the program, announcement or other matter)''.

No. 4-Page 52, after sub-clause (4), insert the following new sub-clauses: ''(4A ) When the Principal Community Affairs Officer has considered a report under sub -section (4), he shall notify the complainant or, if there is more than one complainant, each of the complainants, of his decision and of the reasons for the decision in relation to the complaint.

''(4B) Sub-section (4A) does not require the Principal Community Affairs Officer to notify each of the complainants if he is of the opinion that, having regard to the number of complainants, it would be unduly burdensome to do so.''.

Debate ensued.

Senator Hamer having, on request, divided the Question- Debate continued on Senator Harradine's amendment No. 1.

Ordered-That the proposed new paragraphs (c) and (d) be considered separately.

Question-That the words proposed to be inserted be inserted (amendment No. 1, proposed new paragraph (c))-put.

The Committee divided-

AYES, 26

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard (Teller) Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff Lajovic Lewis MacGibbon Messner Rae, Peter Reid Scott Townley Walters Watson Withers

NOES, 32

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines McClelland McIntosh Macklin Maguire Mason Primmer Ray, Robert Reynolds Richardson Robertson ( Teller) Ryan

Sibraa

Walsh

Zakharov

Amendment negatived accordingly.

And it being 12 noon: Senator Hamer, pursuant to Sessional Order, left the Chair and reported to the Senate.

Pursuant to Sessional Order, Questions without Notice were called on.