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2010-2011-2012-2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Broadcasting Services Amendment (Material of Local Significance) Bill 2013
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Xenophon)
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Broadcasting Services Amendment (Material of Local Significance) Bill 2013
Background
The purpose of this Bill is to include regional South Australia under Section 43A of the
Broadcasting Services Act 1992 so that it is covered by the provisions relating to regional
aggregated commercial television broadcasting licences. Under the Act, these licences
have specific local content requirements set out by the Australian Communications and
Media Authority (ACMA).
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 Broadcasting Services Amendment (Material of Local Significance)
Act 2013.
2. Commencement
This clause provides for the commencement of the Act on the day after the Act receives
Royal Assent.
3. Schedules
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repealed as set out by the provisions of the Bill.
4. Schedule 1
This Schedule amends the Broadcasting Services Act to insert a new paragraph (h) into
subsection 43A(2). The effect of this is to include Regional South Australia in the areas to
which regional aggregated commercial television broadcasting licences apply.
Under the Act, broadcasters holding these licences must meet specific conditions set out
by ACMA regarding local content and `material of local significance'. This will ensure
that regional South Australians continue to benefit from news and programming that is
relevant to their communities.
The areas currently listed under subsection 43A(2) (excluding Tasmania, which was
added in 2008) were originally set out in the Act in the late 1980s. Consideration of the
markets in South Australia, Western Australia and the Northern Territory was intended to
take place following this, but never occurred1. Given the vast differences in today's
broadcasting environment, it is vital that regional markets have equal and adequate
protection.
1
Australian Broadcasting Tribunal, Broadcasting In Australia 1989, Sydney, July 1990, p. 3.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Broadcasting Services Amendment (Material of Local Significance) Bill 2013
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/Legislative Instrument
The Bill amends the Broadcasting Services Act 1992 to include regional South Australia
under Section 43A so that it is covered by the provisions relating to regional aggregated
commercial television broadcasting licences. Under the Act, broadcasters holding these
licences must meet specific local content requirements set out by the Australian
Communications and Media Authority (ACMA).
Human rights implications
This Bill engages the right to enjoy and benefit from culture, as set out in article 27 of the
International Covenant on Civil and Political Rights (ICCPR) and article 15 of the
International Covenant on Economic, Social and Cultural Rights (ICESCR).
The Bill seeks to maintain this right by ensuring that regional communities, beyond those
already included in the Act, continue to have access to broadcasted content and material that
is locally relevant and meaningful to them.
Conclusion
The Bill is compatible with human rights as it seeks to enforce the rights of regional South
Australians to have access to culturally relevant content.
Senator Nick Xenophon, Independent Senator for South Australia
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