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This is a Bill, not an Act. For current law, see the Acts databases.
PROTECTING CHILDREN FROM JUNK FOOD ADVERTISING (BROADCASTING AMENDMENT) BILL 2008
2008
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Protecting Children from Junk Food
Advertising (Broadcasting Amendment)
Bill 2008
No. , 2008
(Senator Bob Brown)
A Bill for an Act to amend the Broadcasting
Services Act 1992 and the Schools Assistance
(Learning Together--Achievement Through Choice
and Opportunity) Act 2004 to encourage healthier
eating habits among children and to prohibit the
broadcasting of advertisements for junk food
during certain times, and for related purposes
i Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2008
No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nt of the Broadcasting Services Act
1992
3
Schedule 2--Amendme nt of the Schools Assistance (Learning
Together--Achievement Through Choice and
Opportunity) Act 2004
5
Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2008 No.
, 2008
1
A Bill for an Act to amend the Broadcasting
1
Services Act 1992 and the Schools Assistance
2
(Learning Together--Achievement Through Choice
3
and Opportunity) Act 2004 to encourage healthier
4
eating habits among children and to prohibit the
5
broadcasting of advertisements for junk food
6
during certain times, and for related purposes
7
The Parliament of Australia enacts:
8
1 Short title
9
This Act may be cited as the Protecting Children from Junk Food
10
Advertising (Broadcasting Amendment) Act 2008.
11
2 Commence ment
12
This Act commences on the day on which it receives the Royal
13
Assent.
14
2 Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2008
No. , 2008
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amend ment of the Broadcasting Services Act 1992 Schedule 1
Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2008 No.
, 2008 3
1
Schedule 1
--
Amendment of the Broadcasting
2
Services Act 1992
3
4
1 After subsection 122(2)
5
Insert:
6
(2A) A standard that relates to paragraph (2)(a) must include standards
7
for the control of food or beverage advertising, including:
8
(a) proscribing advertisements for food or for a beverage from
9
being broadcast during a C period; and
10
(b) proscribing advertisements or sponsorship announcements
11
identifying or referring to a company, person or organisation
12
whose principal activity is the manufacture, distribution or
13
sale of food or a beverage from being broadcast during a C
14
period--this requirement is in addition to the requirements of
15
the Commercial Television Industry Code of Practice; and
16
(c) proscribing advertisements for food or for a beverage from
17
being broadcast during a C program or P program that is
18
broadcast outside a C period or P period or during a break
19
immediately before or after any C program or P program; and
20
(d) proscribing advertisements or sponsorship announcements
21
identifying or referring to a company, person or organisation
22
whose principal activity is the manufacture, distribution or
23
sale of food or a beverage from being broadcast during a C
24
program or P program that is broadcast outside a C period or
25
P period or during a break immediately before or after any C
26
program or P program--this requirement is in addition to the
27
requirements of the Commercial Television Industry Code of
28
Practice.
29
(2B) The Minister may, in writing, exempt from the standards
30
mentioned in subsection (2A) advertisements for a food or a
31
beverage if the Minister considers that that food or beverage is
32
beneficial to children's health and well-being, based on the Food
33
Standards Australia New Zealand nutrient profiles.
34
(2C) A standard made in accordance with subsection (2A) may permit
35
the broadcasting of community service announcements concerning
36
food and beverages.
37
Schedule 1 A mendment of the Broadcasting Services Act 1992
4 Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2008
No. , 2008
Note 1:
For the purposes of subsection (2C), an example is a public health or
1
education organisation broadcasting a community service
2
announcement in relation to food or beverages.
3
Note 2:
C program, P program, C period and P period are defined in the
4
Children's Television Standards 2005 (made under subsection 122(1)
5
of the Broadcasting Services Act 1992).
6
Note 3:
children is defined in the Children's Television Standards 2005 (made
7
under subsection 122(1) of the Broadcasting Services Act 1992).
8
Note 4:
A code of practice can be registered under subsection 123(4) of the
9
Broadcasting Services Act 1992.
10
2 Subsection 122(7)
11
Repeal the subsection.
12
3 Subsection 122(9)
13
After "standards under subsection (1)", insert "that relate to
14
paragraph (2)(a)".
15
16
Amend ment of the Schools Assistance (Learn ing Together--Achievement Through
Choice and Opportunity) Act 2004 Schedule 2
Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2008 No.
, 2008 5
1
Schedule 2
--
Amendment of the Schools
2
Assistance (Learning Together
--
3
Achievement Through Choice and
4
Opportunity) Act 2004
5
6
1 After section 21
7
Insert:
8
21A Specific condition--control of food or beverage advertising
9
(1) A further condition of financial assistance is that all government
10
and non-government schools do not display advertisements or
11
sponsorship announcements about or that relate to a company,
12
person or organisation whose principal activity is the manufacture,
13
distribution or sale of food or a beverage.
14
(2) The Minister may, in writing, exempt from the condition
15
mentioned in subsection (1) advertisements for a food or a
16
beverage if the Minister considers that that food or beverage is
17
beneficial to children's health and well-being, based on the Food
18
Standards Australia New Zealand nutrient profiles.
19