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1996
THE PARLIAMENT OF THE COMMONWEALTH
OF
AUSTRALIA
SENATE
BROADCASTING
SERVICES AMENDMENT BILL 1996
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Communications and the Arts, Senator the Hon
Richard Alston)
78918 Cat. No. 96 5123 3 ISBN 0644
478438
BROADCASTING SERVICES AMENDMENT BILL
1996
OUTLINE
The Broadcasting Services Amendment Bill 1996 would amend the Broadcasting
Services Act 1992 to enable the Minister to direct the Australian
Broadcasting Authority (ABA) to conduct an investigation into any matter within
the communications power under paragraph 51(v) of the Constitution. In
particular, the Minister would be empowered to direct the ABA to conduct an
investigation into a matter relating to the future regulation or operation of
communications services (such as on “on-line” information and
entertainment services).
FINANCIAL IMPACT STATEMENT
The amendments are expected to have no significant impact on Commonwealth
expenditure or revenue.
NOTES ON CLAUSES
Clause 1 - Short title
When enacted, this Act would be
cited as the Broadcasting Services Amendment Act
1996.
Clause 2 - Commencement
The amendments in
this Act would commence on Royal Assent.
Clause 3 -
Schedule(s)
The amendments of the Broadcasting Services Act
1992 (the Broadcasting Services Act) are set out in items 1- 4 of Schedule
1. Item 5 of Schedule 1 is a savings provision that has effect according to its
terms.
Schedule 1 - Amendment of the Broadcasting Services Act
1992
Item 1 - Title
This item amends the long title of the Broadcasting Services Act to add
“and for related purposes”.
This amendment is consequential
on the amendment in item 3 which empowers the Minister to direct the Australian
Broadcasting Authority (ABA) to investigate matters that are within the
communications power in paragraph 51(v) of the Australian Constitution, but
which extend beyond the existing definition of “broadcasting
service”.
Item 2 - Paragraph 158(d) - Primary Functions of the ABA
Item 4 inserts a new paragraph 158(da), which provides that a primary
function of the ABA is to conduct investigations as directed by the Minister
under section 171. This amendment is also consequential on the amendment in
item 3.
Item 3 - Section 171 - Minister may direct ABA to conduct an investigation
Section 171 empowers the Minister, if satisfied that a particular matter
should be investigated in the interests of the due administration of the Act, to
direct the ABA in writing to conduct an investigation into the
matter.
Item 3 would introduce a new section 171.
New subsection
171(1) would enable the Minister to direct the ABA in writing to investigate any
matter in respect of which the Parliament has power to make laws under the
“postal, telegraphic and other like services” power in paragraph
51(v) of the Australian Constitution.
New subsection 171(2) would confirm
that, without limiting the scope of new subsection 171(1), the Minister may
direct the ABA to investigate:
(a) any matter that the Minister is
satisfied should be investigated in the interests of the due administration of
the Act; or
(b) any matter relating to the future regulation or operation
of a telecommunications service.
For the purposes of paragraph (b) above,
a “telecommunications service” is defined to have the same meaning
as in the Telecommunications Act 1991 (Section 6 of the
Telecommunications Act defines “telecommunications service” to mean
“....a service for carrying communications by means of guided or unguided
electromagnetic energy or both.”)
New subsection 171(1) and new
paragraph 171(2)(b) are intended to ensure that the ABA can be directed by the
Minister to investigate matters that fall within the Commonwealth’s
Constitutional power to regulate communications services, regardless of whether
those matters fall within the scope of the current definition in the
Broadcasting Services Act of a “broadcasting service”.
The
current definition of “broadcasting service” in section 6 of the Act
excludes services that make programs available on demand on a point to point
basis, including “dial up” services. In a report to the Minister on
its “Investigation Into the Content of On-line Services”
dated 30 June 1996, the ABA confirmed that most on-line information and
entertainment services would not be covered by the current definition of
“broadcasting service”.
An immediate purpose of the proposed
amendment in item 3 is therefore to ensure that the Minister’s power to
direct the ABA to conduct investigations can extend to an investigation of the
future regulatory arrangements and policy directions in respect of on-line
services. Such an investigation might, for example, involve consultations with
industry groups on possible matters to be included in any industry Codes of
Practice and education strategies in relation to the use of on-line
services.
Item 4 - Section 172 - ABA may call for written submissions from the public
Section 170 enables the ABA to conduct investigations for the purposes of
the performance or exercise of any of its functions and powers.
Section
172 of the Broadcasting Services Act enables the ABA, in conducting an
investigation for the purposes of the performance or exercise of any of its
functions and powers, to call for written submissions from the
public.
This item amends section 172 to omit reference to the conduct of
an investigation by the ABA “for the purposes of the performance or
exercise of any of its functions or powers”. This amendment is
consequential on item 3 (proposed new section 171). The purpose of the
amendment is to make it clear that the ABA may call for written submissions from
the public in any case where it is conducting an investigation under Division 2
of Part 13.
Item 5 - Saving
This item preserves the validity of any investigations which, immediately
before commencement of the amendments in this Act, are being conducted by the
ABA in accordance with a direction issued by the Minister under section 171 of
the Broadcasting Services Act. On commencement, any such direction given by the
Minister would be taken to have been given by the Minister under section 171 as
amended by this Act.