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2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
PARLIAMENTARY PROCEEDINGS BROADCASTING AMENDMENT BILL 2013
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator N Xenophon)
PARLIAMENTARY PROCEEDINGS BROADCASTING AMENDMENT BILL
2013
Background
The purpose of this Bill is to prevent the Joint Committee on the Broadcasting of
Parliamentary Proceedings from making a condition prohibiting the use of Parliamentary
footage for the purposes of satire or ridicule.
Under the Parliamentary Proceedings Broadcasting Act 1946, the Joint Committee on the
Broadcasting of Parliamentary Proceedings may determine the conditions under which
Parliamentary proceedings can be re-broadcast. To date, the conditions made by the
Committee have prevented the use of excerpts of proceedings from being used for the
purposes of satire or ridicule. The conditions were last revised in 1994.
The new requirement included in this Bill does not prevent the Joint Committee from
determining conditions that apply to all re-broadcasting of Parliamentary procedures and
which cover requirements such as context, fairness and accuracy.
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 Parliamentary Proceedings Broadcasting Amendment 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repealed as set out by the provisions of the Bill.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 section 14 of the Parliamentary Proceedings Broadcasting Act
1946, which allows the Joint Committee to determine conditions under which
Parliamentary proceedings can be re-broadcast. This section specifically prohibits re-
broadcasting of proceedings if these conditions are not met.
The Bill inserts a new subsection into section 14, which prohibits the Joint Committee
from determining a condition that would prevent the re-broadcasting of Parliamentary
proceedings for the purposes of satire or ridicule.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Parliamentary Proceedings Broadcasting Amendment 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 Parliamentary Proceedings Broadcasting Act 1946 to prevent the Joint
Committee on the Broadcasting of Parliamentary Proceedings from making a condition
prohibiting the use of Parliamentary footage for the purposes of satire or ridicule.
Human rights implications
This Bill engages the right to freedom of opinion and expression as set out in articles 19 and
20 of the International Covenant on Civil and Political Rights (ICCPR).
The Bill seeks to expand this right as it allows Parliamentary proceedings to be re-broadcast
in a wider range of circumstances. Specifically, it allows re-broadcasting for the purposes of
satire or ridicule, and so allows for a greater freedom of expression and opinion in those
circumstances.
Conclusion
The Bill is compatible with human rights as it seeks to enforce the rights of freedom of
opinion and expression through facilitating access to footage of Parliamentary proceedings.
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