Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN BROADCASTING CORPORATION AMENDMENT (LOCAL CONTENT) BILL 2014

                                 2013-2014




        THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                               THE SENATE




AUSTRALIAN BROADCASTING CORPORATION AMENDMENT (LOCAL CONTENT)
                           BILL 2014




                    EXPLANATORY MEMORANDUM




                (Circulated by authority of Senator Xenophon)
BACKGROUND

The purpose of this Bill is to strengthen the Australian Broadcasting Corporation's (the Corporation)
Charter in relation to the production and broadcasting of content in each State and Territory, and to
ensure the Corporation is representative of all parts of Australian society.




NOTES ON CLAUSES

Part 1 - Preliminary

Clause 1 - Short Title
This clause is a formal provision and specifies that the short title of the Bill, once enacted, may be
cited as the Australian Broadcasting Corporation Amendment (Local Content) Act 2014.

Clause 2 - Commencement
The Bill's provisions are to commence on the day the Bill receives Royal Assent.

Clause 3 - Schedule(s)
This clause states that each Act specified within a Schedule to this Bill is amended or repealed as set
out by the provisions of the Bill.


Schedule 1 -

Amendments to the Australian Broadcasting Corporation Act 1983

Item 1 inserts a new subsection 6(3A) into the Act. Section 6 currently contains the provisions that
make up the Australian Broadcasting Corporation's Charter, and new subsection (3A) sets out specific
requirements that the Corporation must meet in fulfilling its obligations under the Charter.

Paragraph (3A)(a) states that the Corporation must have a distinct and discernible presence in each
State and Territory, and across all platforms on which the Corporation disseminates content. This
presence should include, but is not limited to, news programs (including one weekly half-hour current
affairs program), investigative reporting and regional reporting. This content must be produced in, of,
for and by that State or Territory.

Paragraph (3A)(b) requires that the Corporation fund internal television production units in at least
four States and/or Territories outside New South Wales and Victoria, and including the existing
facilities in South Australia. Further, the units must be funded to the extent that they can produce
content beyond news and current affairs, with the Corporation required to commit 0.5 per cent of its
annual budget to each unit.




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                        Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 AUSTRALIAN BROADCASTING CORPORATION AMENDMENT (LOCAL CONTENT)
                            BILL 2014

This Bill is compatible with the human rights and freedoms recognised or declared in the international
instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

This Bill amends the Australian Broadcasting Corporation Act 1983 to insert specific local content
provisions into the Australian Broadcasting Corporation's Charter.


Human rights implications
This Bill does not engage any of the applicable rights or freedoms.

Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.




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