5076

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Broadcasting Legislation Amendment (Digital Television) Bill 2006

 

 

(Amendments to be moved by Senator Murray on behalf of the Australian Democrats in committee of the whole)

 

(1)     Schedule 1, page 9 (after line 22), at the end of the Schedule, add:

Part 3—Further amendments

Australian Communications and Media Authority Act 2005

30  Subsection 20(1)

After “instrument”, insert “, in accordance with the merit selection process set out in section 20A”.

31  After section 20

Insert:

20A  Procedures for merit selection of members

             (1)  The Minister must, within 9 months of the commencement of this section, determine a code of practice for selecting a member to be appointed by the Governor-General that must include the following general principles:

                     (a)  merit, including but not limited to appropriate subject, research and management experience; and

                     (b)  appointment on the recommendation of an independent selection panel established by the Minister; and

                     (c)  probity; and

                     (d)  openness and transparency.

             (2)  The Minister must cause to be tabled in each House of the Parliament a copy of the code of practice within 15 sitting days of that House after determining the code in accordance with subsection (1).

             (3)  The Minister must cause to be tabled in each House of the Parliament an amendment of the code of practice within 15 sitting days of that House after the amendment is made.

20B  Audit of procedures

             (1)  The operation of section 20A must be audited by the Public Service Commissioner each financial year.

             (2)  The result of an audit conducted in accordance with this section is to be included in the annual report of the Public Service Commissioner.

             (3)  An audit conducted pursuant to subsection (1) must examine the code of practice as determined and any appointments made in accordance with the code of practice. 

[merit selection of ACMA members]

(2)     Schedule 2, item 8, page 13 (lines 4 to 24), section 35B, TO BE OPPOSED .

[Minister not ACMA to allocate licence]

(3)     Schedule 2, item 15, page 14 (line 18) to page 16 (line 9), subsection 40(5) to 40(12), TO BE OPPOSED .

[Minister's power of veto]

Amendment (4) is an alternative to amendment (3)

(4)     Schedule 2, item 15, page 15 (after line 18), after subsection 40(7), insert:

          (7A)  Before forming an opinion in accordance with subsection (7)(b), the Minister must first confer with the Leader of the Opposition in the House of Representatives whether a proposed commercial television broadcasting service is likely to be contrary to the public interest.

[Minister determines public interest test in consultation with Leader of Opposition]

(5)     Schedule 2, page 17 (after line 11), after item 16, insert:

16A  After paragraph 42(1) (b)

Add:

             ; and (c)  the condition that the licensee may only provide commercial television broadcasting services in digital mode (within the meaning of Schedule 4).

[Minister not ACMA to allocate licence]