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2010
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2010
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator B Brown)
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PROTECTING CHILDREN FROM JUNK FOOD ADVERTISING
(BROADCASTING AMENDMENT) BILL 2010
Outline
The Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2010
amends the Broadcasting Services Act 1992 to encourage healthier eating habits among
children by restricting the broadcasting of advertisements for junk food, and for related
purposes.
NOTES ON CLAUSES
Clause 1 - Short Title
1. This is a formal provision specifying the short title.
Clause 2 - Commencement
2. The Bill's provisions are to commence the day after it receives Royal Assent
Clause 3 - Schedules
3. This clause provides that an Act that is specified in a Schedule is amended or repealed as
set out in that Schedule, and any other item in a Schedule operates according to its terms.
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Schedule 1 - Amendment of the Broadcasting Services Act 1992
Item 1 - Restrictions on advertising of unhealthy foods.
4. Item 1 inserts a new section 122A which imposes direct requirements on 'commercial
television broadcasting licensees' (i.e. broadcasters). The new section is inserted in....
5. Subsection (1) of s122A stipulates that a commercial television broadcasting licensee
must not broadcast, between the hours of 6am and 9.30pm:
(a) any advertisement or sponsorship announcement that gives publicity to, or otherwise
promotes or is intended to promote, an unhealthy food or a range of unhealthy foods.
(b) any advertisement or sponsorship announcement identifying or referring to a
company, person or organisation whose principal activity is the manufacture,
distribution or sale of an unhealthy food or a range of unhealthy foods: or
(c) any writing, picture, sign, symbol or other visual image, or any audible message, or
any combination of these things, that gives publicity to, or otherwise promotes or is
intended to promote:
i. the name of a manufacturer of an unhealthy food or a range of unhealthy
foods; or
ii. the whole or a part of a trade mark that is registered under the Trade Marks
Act 1955 in respect of an unhealthy food or a range of unhealthy foods; or
iii. the whole or a part of a design that is registered under the Designs Act 2003 in
respect of unhealthy foods; or
iv. any other words (including brand names) or designs, or combinations of words
and designs, that are closely associated with an unhealthy food or a range of
unhealthy foods.
6. Subsection (2) prescribes a definition of unhealthy food as a product containing food or a
beverage that doesn't comply with nutrient profile criteria set out in regulations.
7. Subsection (3) prescribes that the Minister must take all reasonable steps to ensure that
regulations for the purposes of subsection (2) are made within 6 months of the
commencement of this section.
8. Subsection (4) stipulates that Subsection (1) does not prevent the broadcasting of
community service announcements concerning unhealthy foods.
Item 2 - Compliance
9. Subclause 7 (1) of Schedule 2, stipulates that the licensee will comply with the
requirements set out in section 122A (which deals with the advertising of unhealthy
foods).
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