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Communications Legislation Amendment (SBS Advertising Flexibility and Other Measures) Bill 2015

Schedule 2 SBS—product placement

   

Special Broadcasting Service Act 1991

1  Section 3

Insert:

advertisement does not include product placement included in a program or in content provided on a digital media service.

2  Section 45 (heading)

Repeal the heading, substitute:

45   Advertising, sponsorship and product placement—broadcasting services

3  Subsection 45(1)

Omit “advertisements and sponsorship announcements”, substitute “advertisements, sponsorship announcements and programs that include product placement”.

4  Paragraph 45(4)(a)

Repeal the paragraph, substitute:

                     (a)  must develop and publicise guidelines on:

                              (i)  the kinds of advertisements and sponsorship announcements that it is prepared to broadcast; and

                             (ii)  the kinds of product placement that it is prepared to have in programs that it broadcasts; and

5  At the end of subsection 45(4)

Add:

             ; and (c)  may develop guidelines on other matters relating to the inclusion of product placement in programs.

6  Subsection 45(6)

Omit “advertisements and sponsorship announcements” (wherever occurring), substitute “advertisements, sponsorship announcements and product placement”.

7  Section 45A (heading)

Repeal the heading, substitute:

45A   Advertising, sponsorship and product placement—digital media services

8  Subsection 45A(1)

Omit “advertisements and sponsorship announcements”, substitute “advertisements, sponsorship announcements and content that includes product placement”.

9  Paragraph 45A(2)(a)

Repeal the paragraph, substitute:

                     (a)  must develop and publicise guidelines on:

                              (i)  the kinds of advertisements and sponsorship announcements that it is prepared to have on its digital media services; and

                             (ii)  the kinds of product placement that it is prepared to have in content provided on its digital media services; and

10  At the end of subsection 45A(2)

Add:

             ; and (c)  may develop guidelines on other matters relating to the inclusion of product placement in content provided on its digital media services.

11  Subsection 45A(4)

Omit “advertisements and sponsorship announcements” (wherever occurring), substitute “advertisements, sponsorship announcements and product placement”.

12  Paragraph 57(e)

Repeal the paragraph, substitute:

                     (e)  money received by the SBS in respect of:

                              (i)  sponsorships; and

                             (ii)  the sale and broadcasting of advertisements; and

                            (iii)  the inclusion of product placement in programs and in content provided on digital media services; and

13  Paragraph 73(f)

Repeal the paragraph, substitute:

                      (f)  particulars of:

                              (i)  the total revenue earned during the period from advertising, sponsorship and the inclusion of product placement in programs and in content provided on digital media services; and

                             (ii)  the identity of each advertiser, sponsor or person paying for product placement; and

                            (iii)  the programs or content (if any) with which each advertiser, sponsor or person paying for product placement is associated; and