Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australian
Broadcasting Corporation Amendment Bill
1999
No. ,
1999
(Senator
Bourne)
A Bill for an Act to amend the
Australian Broadcasting Corporation Act 1983 to provide for the
establishment of a Parliamentary Joint Committee on the ABC, and for related
purposes
Contents
A Bill for an Act to amend the Australian Broadcasting
Corporation Act 1983 to provide for the establishment of a Parliamentary
Joint Committee on the ABC, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Broadcasting Corporation
Amendment Act 1999.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 12(2)
After “Governor-General”, insert “on the recommendation
of the Minister”.
2 Subsection 12(5)
Repeal the subsection, substitute:
(5) The Minister must not make a recommendation to the Governor-General
under subsection (2) unless:
(a) the Minister has referred the proposed recommendation to the
Parliamentary Joint Committee on the ABC for approval; and
(b) the Committee has approved the proposal.
Note: Section 77D deals with how the Parliamentary Joint
Committee approves proposals.
(5A) A referral under paragraph (5)(a) must be in writing and may be
withdrawn by the Minister at any time.
3 Subsection 67(2)
Repeal the subsection, substitute:
(2) The Minister for Finance must issue drawing rights under section 27 of
the Financial Management and Accountability Act 1997 that cover in full
the amounts that the Parliament appropriates for the purposes of the
Corporation.
4 After section 67
Insert:
(1) Notwithstanding section 14 of the Commonwealth Authorities and
Companies Act 1997, the Parliamentary Joint Committee established under
section 77A may request the Corporation to submit to the Committee draft
estimates for the Corporation for a financial year before the annual
Commonwealth budget for that financial year.
(2) The Corporation must comply with the request in time to allow the
Committee to consider the draft estimates and make recommendations on them
before the Budget.
5 After section 77
Insert:
(1) As soon as practicable after the commencement of this Part and the
first session of each Parliament, a joint committee of members of the
Parliament, to be known as the Parliamentary Joint Committee on the ABC, is to
be appointed.
(2) The Committee is to consist of 10 members. Five members must be
members of, and be appointed by, the Senate. Five members must be members of,
and be appointed by, the House of Representatives. The members must be appointed
according to the practice of the Parliament for the appointment of members to
serve on joint committees of both Houses of the Parliament.
(3) A person is not eligible for appointment as a member if he or she
is:
(a) a Minister;
(b) the President of the Senate;
(c) the Speaker of the House of Representatives;
(d) the Deputy President and Chair of Committees of the Senate;
or
(e) the Deputy Speaker and Chair of Committees of the House of
Representatives.
(4) A member ceases to hold office:
(a) when the House of Representatives expires or is dissolved;
(b) if he or she becomes the holder of an office referred to in a
paragraph of subsection (3);
(c) if he or she ceases to be a member of the House by which he or she was
appointed; or
(d) if he or she resigns his or her office as provided by subsection (5)
or (6), as the case requires.
(5) A member appointed by the Senate may resign his or her office by
writing signed and delivered to the President of the Senate.
(6) A member appointed by the House of Representatives may resign his or
her office by writing signed and delivered to the Speaker of that
House.
(7) A House may appoint one of its members to fill a vacancy among the
members of the Committee appointed by that House.
Subject to this Act, all matters relating to the Committee’s powers
and proceedings shall be determined by resolution of both Houses.
(1) The Committee’s duties are:
(a) to examine each annual report that is prepared by the Corporation and
of which a copy has been laid before a House, and to report to both Houses on
matters that appear in, or arise out of, that annual report and to which, in the
Committee’s opinion, the Parliament’s attention should be directed;
and
(b) to consider draft estimates for the Corporation submitted under
section 67A; and
(c) to make recommendations to both Houses of Parliament, and the
Minister, on draft estimates referred to in paragraph (b); and
(d) to inquire into any question in connection with its duties that is
referred it by a House, and to report to that House on that question.
(2) Nothing in subsection (1) authorises the Committee to direct the
activities of the Managing Director, the Board of Directors or the
Corporation.
(1) If the Minister refers a proposed recommendation for an appointment of
a Director referred to in paragraph 12(1)(c) to the Committee for approval, the
Committee must:
(a) approve or reject the proposal within 14 days after receiving it;
or
(b) notify the Minister as provided for in subsection (2).
(2) The Committee may notify the Minister within 14 days after receiving a
proposal that it needs more time to consider the proposal. If the Committee does
so, the Committee must approve or reject the proposal within 44 sitting days
after receiving it.
(3) In considering a proposal for appointment, the Committee may, subject
to subsection (4), require that a person recommended by the Minister attend a
private meeting of the Committee to answer questions put by members relating to
that person’s proposed appointment.
(4) A person is not required to attend a private meeting under subsection
(3) unless:
(a) at least 3 members of the Committee require that person’s
attendance; and
(b) that person receives prior written notification of the reasons that
his or her attendance is required.
(5) A decision of the Committee to approve a proposal must be supported by
at least 7 members voting at a duly convened private meeting of the
Committee.
(6) In making a decision to approve or not approve a proposal under this
section, the Committee must take into account the desirability of Directors
having had experience in connection with the provision of broadcasting services
or in communications or management, or having expertise in financial or
technical matters, or having cultural or other interests relevant to the
oversight of a public organisation engaged in the provision of broadcasting
services.
(7) If the Committee does not make a decision on a proposal by the
required time, the Committee is taken, at that time, to have approved the
proposal.
(8) The Committee must notify the Minister of its decision on a proposal
as soon as practicable after making the decision.
(9) A notification under this section must be in writing.
(10) The Committee must report to both Houses of the Parliament on its
decision on a proposal.
(11) Where the Committee declines or fails to approve a proposed
recommendation for appointment in accordance with subsection (5), and the
Minister declines to accept the report of the Committee, the Minister must table
his or her reasons for so doing in each House of the Parliament.