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Broadcasting Services Amendment (Media Ownership) Bill 2002

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2002-2003

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Broadcasting Services Amendment (Media Ownership) Bill 2002

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Govt (1) [Sheet QS205]

          Schedule 2, page 5 (after line 8), after item 1, insert:

1AA  After section 43

Insert:

43A   Material of local significance—regional aggregated commercial television broadcasting licences

             (1)  For the purposes of this section:

                     (a)  a regional aggregated commercial television broadcasting licence is a commercial television broadcasting licence for a licence area set out in the table; and

                     (b)  the applicable date for such a licence is the date set out in the table opposite the licence area of the licence:

 

Licence area and applicable date

Item

Licence area

Applicable date

1

Northern New South Wales

1 August 2003

2

Southern New South Wales

1 August 2003

3

Regional Victoria

1 August 2003

4

Eastern Victoria

1 August 2003

5

Western Victoria

1 August 2003

6

Regional Queensland

1 August 2003

7

Tasmania

1 July 2004

 

             (2)  The ABA must ensure that, at all times on and after the applicable date for a regional aggregated commercial television broadcasting licence, there is in force under section 43 a condition that has the effect of requiring the licensee to broadcast to each local area, during such periods as are specified in the condition, at least a minimum level of material of local significance.

             (3)  The condition must define local area and material of local significance for the purposes of the condition. The definition of material of local significance must be broad enough to cover news that relates directly to the local area concerned.

             (4)  To avoid doubt, this section does not:

                     (a)  prevent the condition from setting out different requirements for different types of material; or

                     (b)  prevent the condition from specifying periods that recur (for example, the hours between 7 am and 10 am Monday to Friday); or

                     (c)  prevent the condition from setting out different requirements for different periods; or

                     (d)  create any obligations under subsection 43(2) that would not exist apart from this section.

             (5)  Subsection 43(5) does not apply to the condition.

             (6)  This section does not, by implication, limit the powers conferred on the ABA by section 43 to impose, vary or revoke other conditions.

(2)     APA (1) [Sheet PW201]

          Schedule 2, page 5 (before line 9), before item 1A, insert:

1AB  Before section 44

Insert:

43B   Material of local significance—metropolitan commercial television broadcasting licences

             (1)  For the purposes of this section, a metropolitan commercial television broadcasting licence is a commercial television broadcasting licence that has a metropolitan licence area (as defined by section 61B).

             (2)  The ABA must ensure that, at all times on and after 1 July 2004, there is in force under section 43, for each metropolitan commercial television broadcasting licence, a condition that has the effect of requiring the licensee to broadcast to each local area, during such periods as are specified in the condition, at least a minimum level of material of local significance.

             (3)  The condition must define local area and material of local significance for the purposes of the condition. The definition of material of local significance must be broad enough to cover news that relates directly to the local area concerned.

             (4)  To avoid doubt, this section does not:

                     (a)  prevent the condition from setting out different requirements for different types of material; or

                     (b)  prevent the condition from specifying periods that recur (for example, the hours between 7 am and 10 am Monday to Friday); or

                     (c)  prevent the condition from setting out different requirements for different periods; or

                     (d)  create any obligations under subsection 43(2) that would not exist apart from this section.

             (5)  Subsection 43(5) does not apply to the condition.

             (6)  This section does not, by implication, limit the powers conferred on the ABA by section 43 to impose, vary or revoke other conditions.

(3)     Govt (2) [Sheet QS205]

          Schedule 2, item 4, page 9 (line 12), omit “has a regional licence area”, substitute “is a regional commercial radio broadcasting licence”.

(4)     APA (1) [Sheet QS220]

          Schedule 2, item 4, page 10 (after line 5), after the definition of metropolitan licence area , insert:

minimum number of media groups test has the meaning given by section 61FA.

(5)     APA (1) [Sheet PB206]

          Schedule 2, item 4, page 10 (before line 29), before the definition of set of media operations , insert:

separately-controlled newspaper test has the meaning given by section 61FB.

(6)     Govt (3) [Sheet QS205]

          Schedule 2, item 4, page 11 (line 2), omit “licence; or”, substitute “licence.”.

(7)     Govt (4) [Sheet QS205]

          Schedule 2, item 4, page 11 (lines 3 to 6), omit paragraph (d).

(8)     Govt (5) [Sheet QS205]

          Schedule 2, item 4, page 11 (before line 7), before the definition of week , insert:

unacceptable 3-way control situation , in relation to a person, means the situation in which the person would, apart from this Division, breach each of the following prohibitions:

                     (a)  a prohibition in section 60 or 61 that relates directly or indirectly to a set of media operations that consists of:

                              (i)  a commercial television broadcasting licence; and

                             (ii)  a commercial radio broadcasting licence;

                            that have the same licence area;

                     (b)  a prohibition in section 60 or 61 that relates directly or indirectly to a set of media operations that consists of:

                              (i)  a commercial television broadcasting licence; and

                             (ii)  a newspaper that is associated with the licence area of the licence;

                            where the licence and the commercial radio broadcasting licence mentioned in paragraph (a) have the same licence area;

                     (c)  a prohibition in section 60 or 61 that relates directly or indirectly to a set of media operations that consists of:

                              (i)  a commercial radio broadcasting licence; and

                             (ii)  a newspaper that is associated with the licence area of the licence;

                            where the licence and the commercial television broadcasting licence mentioned in paragraph (a) have the same licence area.

(9)     Harris (1) [Sheet QS207]

          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.



(10)   Govt (6) [Sheet QS205]

          Schedule 2, item 4, page 11 (lines 12 to 15), omit paragraph 61C(a), substitute:

                     (a)  a cross-media exemption certificate is in force in relation to the set of media operations; and

(11)   APA (2) [Sheet PB206]

          Schedule 2, item 4, page 11 (after line 16), after paragraph 61C(b), insert:

                   (ba)  the person satisfies the separately-controlled newspaper test for the first-mentioned set of media operations; and

(12)   Govt (7) [Sheet QS205]

          Schedule 2, item 4, page 11 (line 24), omit “the company.”, substitute “the company; and”.

(13)   Govt (8) [Sheet QS205]

          Schedule 2, item 4, page 11 (after line 24), at the end of section 61C, add:

                     (d)  an unacceptable 3-way control situation does not exist in relation to the person in connection with any licence or newspaper included in the set of media operations.

(14)   APA (3) [Sheet PB206]

          Schedule 2, item 4, page 11 (after line 24), at the end of section 61C, add:

Note:          For the separately-controlled newspaper test, see section 61FB.

(15)   APA (2) [Sheet QS220]

          Schedule 2, item 4, page 12 (after line 23), after subsection 61D(5), insert:

          (5A)  The ABA may, by written notice given to the applicant, extend the 60-day period referred to in subsection (5), so long as:

                     (a)  the extension is for a period of not more than 60 days; and

                     (b)  the ABA has been unable to make a decision on the application within that 60-day period because of the need to apply any or all of the following:

                              (i)  paragraph 61E(1)(aa);

                             (ii)  paragraph 61E(1)(ab);

                            (iii)  section 61FA; and

                     (c)  the notice includes a statement explaining why the ABA has been unable to make the decision on the application within that 60-day period.

(16)   Harradine (1) [Sheet 2985 Revised]

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

(17)   APA (3) [Sheet QS220]

          Schedule 2, item 4, page 13 (after line 2), after paragraph 61E(1)(a), insert:

                    (aa)  the set of media operations is not exempt from the minimum number of media groups test, and the ABA is satisfied that the minimum number of media groups test is satisfied for the set of media operations; and

                   (ab)  the set of media operations is not exempt from the minimum number of media groups test, and the ABA is satisfied that, if the certificate were to be issued and become active, neither:

                              (i)  the transactions, agreements and circumstances that resulted in the certificate becoming active; nor

                             (ii)  any related transactions, agreements and circumstances;

                            will result in the minimum number of media groups test not being satisfied for the set of media operations; and

(18)   Govt (9) [Sheet QS205]

          Schedule 2, item 4, page 13 (line 4), omit “vexatious.”, substitute “vexatious; and”.

(19)   Govt (10) [Sheet QS205]

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

                     (c)  the ABA is satisfied that, if the certificate were to be issued, paragraph 61C(d) would not stop the certificate from becoming active.

(20)   Harradine (2) [Sheet 2985 Revised]

          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.

(21)   APA (4) [Sheet QS220]

          Schedule 2, item 4, page 13 (line 5), after “Note”, insert “1”.

(22)   APA (5) [Sheet QS220]

          Schedule 2, item 4, page 13 (after line 5), at the end of subsection (1) (after the note), add:

Note 2:       For the minimum number of media groups test, see section 61FA.

Note 3:       For exemptions from the minimum number of media groups test, see section 61FB.



(23)   Harradine (3) [Sheet 2985 Revised]

          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 metropolitan licence area and the set includes a television broadcasting licence and a newspaper associated with the licence area.

(24)   Dem (R3) [Sheet 2987 Revised 2] ( As amended by APA )

          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 involve 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 objectives set by the entity and approved by the Authority consistent with the objectives of this Act and this section.

(25)   APA (6) [Sheet QS220]

          Schedule 2, item 4, page 14 (after line 16), after section 61F, insert:

61FA   Minimum number of media groups test

             (1)  Use the table to work out whether the minimum number of media groups test is satisfied for a set of media operations:

 

Minimum number of media groups test

Item

If the set of media operations is...

the minimum number of media groups test is satisfied if...

1

a commercial television broadcasting licence and a commercial radio broadcasting licence

there are at least the applicable number of points in the licence area of the commercial radio broadcasting licence.

2

a commercial television broadcasting licence and a newspaper

there are at least the applicable number of points in each commercial radio broadcasting licence area with which the newspaper is associated.

3

a commercial radio broadcasting licence and a newspaper

there are at least the applicable number of points in the licence area of the commercial radio broadcasting licence.

Applicable number of points

             (2)  For the purposes of the application of subsection (1) to a commercial radio broadcasting licence area:

                     (a)  if the licence area is an area in which is situated the General Post Office of the capital city of:

                              (i)  New South Wales; or

                             (ii)  Victoria; or

                            (iii)  Queensland; or

                            (iv)  Western Australia; or

                             (v)  South Australia; or

                            (vi)  Tasmania;

                            the applicable number of points is 5; and

                     (b)  in any other case—the applicable number of points is 4.

Points

             (3)  Use the table to work out the number of points in the licence area of a commercial radio broadcasting licence (the first radio licence area ):

 

Points

Item

This...

is worth...

1

a group of 2 or more media operations, where:

(a) a person is in a position to exercise control of each of those media operations; and

(b) each of those media operations complies with the statutory control rules; and

(c) if a commercial television broadcasting licence is in the group—more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the commercial television broadcasting licence; and

(d) if a commercial radio broadcasting licence is in the group—the licence area of the commercial radio broadcasting licence is, or is the same as, the first radio licence area; and

(e) if a newspaper is in the group—the newspaper is associated with the first radio licence area

1 point.

2

a commercial radio broadcasting licence, where:

(a) the licence complies with the statutory control rules; and

(b) the licence area of the licence is, or is the same as, the first radio licence area; and

(c) item 1 does not apply to the licence

1 point.

3

a newspaper, where:

(a) the newspaper complies with the statutory control rules; and

(b) the newspaper is associated with the first radio licence area; and

(c) item 1 does not apply to the newspaper

1 point.

4

a group of 2 or more commercial television broadcasting licences, where:

(a) each of those licences complies with the statutory control rules; and

(b) more than 50% of the licence area population of the first radio licence area is attributable to the licence area of each of those commercial television broadcasting licences; and

(c) the commercial television broadcasting services to which those licences relate pass the shared content test in relation to each other; and

(d) item 1 does not apply to either of those commercial television broadcasting licences

1 point.

5

a commercial television broadcasting licence, where:

(a) the licence complies with the statutory control rules; and

(b) more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the commercial television broadcasting licence; and

(c) the commercial television broadcasting service to which the licence relates does not pass the shared content test in relation to any other commercial television broadcasting service, where more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the licence to which the other commercial television broadcasting service relates; and

(d) item 1 does not apply to the first-mentioned licence

1 point.

 

             (4)  If, apart from this subsection, all the media operations in a group of media operations mentioned in an item of the table are also in one or more other groups mentioned in an item of the table, then, for the purposes of subsection (3), ignore the existence of:

                     (a)  if one of the groups has the highest number of media operations—the remaining group or groups; or

                     (b)  if 2 or more of the groups have an equal highest number of media operations:

                              (i)  all but one of the groups that have an equal highest number of media operations; and

                             (ii)  the remaining group or groups; or

                     (c)  if the groups have an equal number of media operations—all but one of those groups.



Anti-avoidance

             (5)  If the ABA is satisfied that:

                     (a)  a person (either alone or together with one or more other persons) has entered into, begun to carry out, or carried out, a scheme; and

                     (b)  the person did so for the sole or dominant purpose of ensuring that the minimum number of media groups test is or will be satisfied for a set of media operations; and

                     (c)  apart from this subsection, the scheme results or will result in a group of media operations being covered by an item of the table in subsection (3);

the ABA may, by writing, determine that the existence of that group is to be ignored for the purposes of subsection (3).

Statutory control rules

             (6)  For the purposes of this section, a media operation complies with the statutory control rules if, and only if:

                     (a)  no person is in breach of a prohibition in Division 2, 3 or 5 that relates directly or indirectly to the media operation; or

                     (b)  a person is in breach of a prohibition in Division 2, 3 or 5 that relates directly or indirectly to the media operation, but the ABA has approved the breach under section 67.

Note:          Section 67 is about approval of temporary breaches.

Shared content test

             (7)  For the purposes of this section, a commercial television broadcasting service passes the shared content test at a particular time in relation to another commercial television broadcasting service if:

                     (a)  the program content of at least 50% of the total number of hours of programs broadcast by the first-mentioned service during daytime/evening hours during the 6-month period ending at that time;

were the same as:

                     (b)  the program content of at least 50% of the total number of hours of programs broadcast by the other service during daytime/evening hours during the 6-month period ending at that time.

             (8)  For the purposes of subsection (7), ignore the following:

                     (a)  advertising or sponsorship material (whether or not of a commercial kind);

                     (b)  a promotion for a television program or a television broadcasting service;

                     (c)  community information material or community promotional material;

                     (d)  a news break or weather bulletin;

                     (e)  any other similar material.

             (9)  For the purposes of subsection (7), ignore the following:

                     (a)  any material covered by paragraph 6(8)(b), (c) or (d) of Schedule 4;

                     (b)  a program covered by paragraph 37EA(1)(a) of Schedule 4.

Overlapping licence areas

           (10)  Section 51 does not apply to this section.

 Note:         Section 51 is about overlapping licence areas.

Definitions

           (11)  In this section:

daytime/evening hours means the hours:

                     (a)  beginning at 6 am each day; and

                     (b)  ending at midnight on the same day.

media operation means:

                     (a)  a commercial television broadcasting licence; or

                     (b)  a commercial radio broadcasting licence; or

                     (c)  a newspaper.

scheme means:

                     (a)  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

                     (b)  any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

61FB   Exemptions from the minimum number of media groups test—remote areas

                   Use the table to work out whether a set of media operations is exempt from the minimum number of media groups test:

 

Exemptions from the minimum number of media groups test

Item

If the set of media operations is...

the set is exempt from the minimum number of media groups test if...

1

a commercial television broadcasting licence and a commercial radio broadcasting licence

the commercial radio broadcasting licence area is:

(a) Remote Commercial Radio Service North East Zone; or

(b) Remote Commercial Radio Service Western Zone; or

(c) Remote Commercial Radio Service Central Zone.

(26)   APA (4) [Sheet PB206]

          Schedule 2, item 4, page 14 (before line 17), before section 61G, insert:

61FC   Separately-controlled newspaper test

             (1)  Use the table to work out whether a person satisfies the separately-controlled newspaper test for a set of media operations:

 

Separately-controlled newspaper test

Item

If the set of media operations is...

the separately-controlled newspaper test is satisfied if...

1

a commercial television broadcasting licence and a commercial radio broadcasting licence

the person is not in a position to exercise control of more than one newspaper associated with the licence area of the commercial radio broadcasting licence.

2

a commercial television broadcasting licence and a newspaper

for each commercial radio broadcasting licence area with which that newspaper is associated, the person is not in a position to exercise control of more than one newspaper associated with the commercial radio broadcasting licence area.

3

a commercial radio broadcasting licence and a newspaper

the person is not in a position to exercise control of more than one newspaper associated with the licence area of the commercial radio broadcasting licence.

             (2)  Section 51 does not apply to this section.

Note:          Section 51 is about overlapping licence areas.

(27)   Govt (11) [Sheet QS205]

          Schedule 2, item 4, page 28 (line 14), at the end of the heading to Subdivision C, add “ for commercial radio broadcasting licensees ”.

(28)   Govt (12) [Sheet QS205]

          Schedule 2, item 4, page 28 (lines 16 and 17), omit “commercial television broadcasting licence, or a commercial radio broadcasting licence,”, substitute “commercial radio broadcasting licence”.

(29)   Govt (13) [Sheet QS205]

          Schedule 2, item 4, page 28 (lines 21 and 22), omit “commercial television broadcasting licensee or a”.

(30)   Govt (14) [Sheet QS205]

          Schedule 2, item 4, page 29 (lines 9 and 10), omit “commercial television broadcasting licensee or a”.

(31)   Govt (15) [Sheet QS205]

          Schedule 2, item 4, page 29 (lines 16 and 17), omit “commercial television broadcasting licensee or a”.

(32)   Govt (16) [Sheet QS205]

          Schedule 2, item 4, page 30 (line 11), omit “commercial television broadcasting licence or a”.

(33)   Govt (17) [Sheet QS205]

          Schedule 2, item 4, page 30 (lines 25 and 26), omit “commercial television broadcasting licence or a”.

(34)   Govt (18) [Sheet QS205]

          Schedule 2, item 4, page 32 (line 17), omit “commercial television broadcasting licence or a”.

(35)   Govt (19) [Sheet QS205]

          Schedule 2, item 4, page 34 (line 5), omit “commercial television broadcasting licence or a”.

(36)   Govt (20) [Sheet QS205]

          Schedule 2, item 4, page 35 (line 16), omit “commercial television broadcasting licence or a”.

(37)   Govt (21) [Sheet QS205]

          Schedule 2, page 36 (after line 13), after item 5, insert:

5A  At the end of paragraph 67(4)(c)

Add “and”.

5B  After paragraph 67(4)(c)

Insert:

                     (d)  the breach would not result from the person or another person becoming the successful applicant for the allocation of a commercial radio broadcasting licence;

5C  Subsection 67(4)

After “the applicant”, insert “for approval”.

5D  After subsection 67(5)

Insert:

          (5A)  In deciding the duration of the period to be specified in the notice, the ABA:

                     (a)  must have regard to the minimum period within which the person could take action (other than surrendering a licence or causing a licence to be surrendered) to ensure that the breach of the relevant provision ceases; and

                     (b)  must not have regard to any other matters.

5E  Subsection 67(7)

Omit “2 years”, substitute “one year”.

5F  Application of amendments—section 67 of the Broadcasting Services Act 1992

(1)       Paragraph 67(4)(d) and subsection 67(5A) of the Broadcasting Services Act 1992 apply in relation to applications made under subsection 67(1) of that Act after the commencement of this item.

(2)       The amendment of subsection 67(7) of the Broadcasting Services Act 1992 made by this Schedule applies if the 45-day period referred to in that subsection ends after the commencement of this item.

(38)   Harris (1) [Sheet PW205]

          Schedule 2, page 36 (after line 13), after item 5, insert:

5FA  After section 77

Insert:

77A   This Part does not authorise anti-competitive conduct

                   Nothing in this Part is to be taken as specifically authorising any act or thing for the purposes of subsection 51(1) of the Trade Practices Act 1974 .

Note 1:       Section 50 of the Trade Practices Act 1974 prohibits acquisitions that would have the effect, or be likely to have the effect, of substantially lessening competition in a market. Subsection 51(1) of that Act provides that section 50 does not apply to anything authorised by an Act.

Note 2:       The question of whether a cross-media acquisition contravenes section 50 of the Trade Practices Act 1974 involves identifying the relevant market or markets in which the acquisition would have the effect, or be likely to have the effect, of substantially lessening competition.

Note 3:       The question of what is a relevant market is worked out under the Trade Practices Act 1974 , and there is nothing in that Act that limits it to a market regulated by this Part.

(39)   Govt (22) [Sheet QS205] ( As amended by AG )

          Schedule 2, page 36 (after line 13), after item 5, insert:

5G  At the end of Part 5

Add:

78A   Review of this Part

             (1)  Before 31 December 2006, the Minister must cause to be conducted a review of this Part.

             (2)  The Minister must cause a report to be prepared of the review under subsection (1).

             (3)  The Minister must cause copies of the report to be tabled before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report and, in any case, no later than 30 June 2007.

(40)   Govt (23) [Sheet QS205]

          Schedule 2, item 7, page 36 (line 19), omit “or (e)”.

(41)   Govt (24) [Sheet QS205]

          Schedule 2, item 8, page 36 (line 28), omit “or (e)”.

(42)   Dem (R1) [Sheet 2987 Revised 2]

          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)   Dem (2) [Sheet 2987 Revised]

          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”.



(44)   Govt (25) [Sheet QS205]

          Schedule 2, item 12, page 38 (line 4), omit “section 61PA;”, substitute “section 61PA.”.

(45)   Govt (26) [Sheet QS205]

          Schedule 2, item 12, page 38 (lines 5 and 6), omit paragraph 7(1)(q).

(46)   Govt (27) [Sheet QS205]

          Schedule 2, item 13, page 38 (line 10), omit “section 61P;”, substitute “section 61P.”.

(47)   Govt (28) [Sheet QS205]

          Schedule 2, item 13, page 38 (lines 11 and 12), omit paragraph 7(2)(e).

(48)   APA (1) [Sheet QP205]

          Schedule 2, page 38 (after line 26), at the end of the Schedule, add:

17  Subclause 2(1) of Schedule 6

Insert:

local sports news bulletin has the meaning given by clause 5A.

18  Subclause 2(1) of Schedule 6

Insert:

local sports program has the meaning given by clause 5A.

19  After clause 5 of Schedule 6

Insert:

5A  Local sports programs and local sports news bulletins

Local sports program

             (1)  For the purposes of this Schedule, a local sports program is a sports program the sole purpose of which is to provide:

                     (a)  coverage of one or more local sporting events; or

                     (b)  analysis, commentary or discussion in relation to one or more local sporting events;

or both, but does not include a local sports news bulletin.

Local sports news bulletin

             (2)  For the purposes of this Schedule, a local sports news bulletin is a sports news bulletin the sole purpose of which is to provide news about one or more local sporting events.

Local sporting event

             (3)  For the purposes of the application of this clause to a datacasting licence, a sporting event is a local sporting event if, and only if:

                     (a)  the event takes place wholly within the relevant transmitter licence area; or

                     (b)  the event is a team event, and at least one competing team represents a location within, or an organisation based within, the relevant transmitter licence area.

             (4)  However, none of the following is a local sporting event:

                     (a)  a sporting event that is, or is part of, an international sporting competition;

                     (b)  a sporting event that is, or is part of, a national sporting competition;

                     (c)  a sporting event that is, or is part of, the highest level competition for a particular sport within a particular State or Territory;

                     (d)  a sporting event specified in a notice under subsection 115(1).

Relevant transmitter licence area

             (5)  For the purposes of the application of this clause to a datacasting licence, if a transmitter licence authorises the operation of a transmitter or transmitters for transmitting the datacasting service concerned in a particular area, that area is the relevant transmitter licence area .

Definitions

             (6)  In this clause:

foreign location means a location in a foreign country.

foreign organisation means an organisation based in a foreign country.

foreign resident means an individual whose ordinary place of residence is in a foreign country.

international sporting competition includes (but is not limited to):

                     (a)  a sporting competition (at any level) that is part of an international circuit or series; or

                     (b)  a sporting competition (at any level) that is an individual competition, where 50% or more of the competitors are foreign residents; or

                     (c)  a sporting competition (at any level) that is a team competition, where 50% or more of the competing teams represent a foreign location or foreign organisation.

national sporting competition means:

                     (a)  a sporting competition (at any level) that is part of an Australian circuit or series; or

                     (b)  a sporting competition (at any level) that:

                              (i)  is an individual competition; and

                             (ii)  operates as a single competition in Australia;

                            even if:

                            (iii)  a small proportion of the competitors are foreign residents; or

                            (iv)  a small proportion of the events take place in a foreign country; or

                     (c)  a sporting competition (at any level) that:

                              (i)  is a team competition; and

                             (ii)  operates as a single competition in Australia;

                            even if:

                            (iii)  a small proportion of the competing teams represent a foreign location or foreign organisation; or

                            (iv)  a small proportion of the events take place in a foreign country.

20  After subclause 14(4) of Schedule 6

Insert:

          (4A)  The condition set out in subclause (1) does not prevent the licensee from transmitting a local sports program.

21  Subclause 14(5) of Schedule 6

After “(2)”, insert “or (4A)”.

22  After subclause 16(3) of Schedule 6

Insert:

          (3A)  The condition set out in subclause (1) does not prevent the licensee from transmitting a local sports news bulletin.

23  Subclause 16(5) of Schedule 6

Omit “(2) or (3)”, substitute “(2), (3) or (3A)”.

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

26 June 2003