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Broadcasting and Television Legislation Amendment Bill (No. 2) 1985
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LEGISLATIVE RESEARCH SERVICE DEPARTMENT OF THE PARLIAMENTARY LIBRARY
BROADCASTING AND TELEVISION LEGISLATION AMENDMENT BILL {NO.2} 1985
Date introduced: House: Presented by:
:) Purpose
9 October 1985 House of Representatives Hon. Michael Duffy, M.P., Minister for Communications
DIGEST OF BILL
)
To clarify the Australian Broadcasting Tribunal's (ABT) power to make standards for radio and television programs; to alter the provisions relating to the
enforcement of program standards; and to extend the application of the uniform inquiry procedures.
Background
A number of recent court decisions have raised doubts about the ABT's power to regul ate the broadcasting industry. In Herald-Sun TV Pty Limited and Others v
Australian Broadcasting Tribunal[1] the High Court held unanimously that the ABT lacked power to vet programs before they were transmitted. Si nce 1979 the ABT had requi red that children's programs be viewed and classified before being transmitted. This procedure aimed to ensure that programs were suitable for transmission between 4 p.m. and 5 p.m.
Monday to Friday when stations are required to broadcast C rated programs.
In Saatchi and Saatchi Com ton Vic. Pty Ltd v
Australian Broadcasting Tribunal 2 the Federal Court ruled that the ABT's power to determi ne standards in re1ati on to advertising allowed the ABT to regulate the quality or
nature of the adverti sement but did not all ow the ABT to
regul ate other areas not rel ated to the end product. As a
result, the regulation that required television
advertisements to be produced in Australia was declared invalid. This decision was affirmed in June 1985 when three members of the Federal Court dismissed an appeal by the ABT against the original decision.[3]
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In the Second Reading Speech for this Bill the
Minister stated: 'the effect of these decisions is that
many of the Tribunal's current program and advertising standards which purport to impose quantitative rules, and this would possibly include time based rules, could well be void. In this category would fall major aspects of
adverti si ng time standards, Austral i an content program standards, children's program and advertising standards'.[4]
Outline
Part II of the Bill contai ns amendments to the
Broadcasting and Television Act 1942 (the Principal Act) rJ while Part III amends the Broadcasting and Television \.
Amendment Act 1985 (the Amendment Act).
Main Provisions
Amendments to the Broadcasting and Television Act 1942
Section 4 of the Principal Act is to be amended to insert defi nitions of program and program standard. The latter term is defined to include conditions as well as
standards (clause 4).
Section 16 of the Principal Act is to be amended by cl ause 6 to gi ve the ABT speci fi c power to requi re that
children's programs be approved before they are broadcast.
Section 99 of the Principal Act is to be amended to place an obligation on licence holders to ensure that
program standards are complied with (clause 8). c=>
A new section 101 is to be substituted into the
Principal Act to give the ABT power to reprimand or admonish 1i cencees who breach program standards. The ABT wi 11 al so be given power to require that the 1icencee publ ish the
reprimand or admonishment (clause 10).
The ABT is to be gi ven power to prohi bit a person from presenting a live broadcast or selecting programs for broadcast. Thi s power can only be exerci sed if the person has previously presented a live broadcast or selected a
program that has breached program standards, and if the person has been given an opportunity to show why they should not be so affected (clause 12 which substitutes a new
section 119 into the Principal Act).
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Cl ause 15 wi 11 amend secti on 132 of the Pri nci pa 1
Act so that a breach of section 99(IA) (which is to be
inserted by clause 8) will not be an offence under the
Pri nci pal Act.
Jlmendments to the Broadcast i ng and Tel evi s i on Amendment Act , AAP
Clause 19 will amend section 98 of the Amendment Act to enable the uniform inquiry procedures (which were introduced by the Amendment Act) to be extended to all
inquiries conducted under the Principal Act.
:) For further i nformati on, if requi red, contact the
Education and Welfare Group.
22 January 1986
References
Bills Digest Service LEGISLATIVE RESEARCH SERVICE
C)
1. (1985) 59 ALR 525.
2. (1984) 56 ALR 640.
3. Austral ian B'roadcasting Tribunal v Saatchi and Saatchi Compton (Vic.) Pty Ltd (1985) 60 ALR 756. 4. House of Representatives, Hansard, 9 October 1985,
p.1737.
o Commonwealth of Australia 1985
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