FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT AND COMMUNICATIONS MEASURES NO. 3) REGULATIONS 2020 (F2020L00384) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT AND COMMUNICATIONS MEASURES NO. 3) REGULATIONS 2020 (F2020L00384)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Infrastructure, Transport, Regional Development and Communications Measures No. 3) Regulations 2020

 

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies. The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations). The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.

 

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations. Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.

 

The Financial Framework (Supplementary Powers) Amendment (Infrastructure,
Transport, Regional Development and Communications Measures No. 3) Regulations 2020
(the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on two initiatives that will be administered by the Department of Infrastructure, Transport, Regional Development and Communications.

 

Funding will be provided for:

 

Details of the Regulations are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003. The Regulations commence on the day after the instrument is registered on the Federal Register of Legislation.

 

Consultation

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Infrastructure, Transport, Regional Development and Communications.

 

A regulation impact statement is not required as the Regulations only apply to non-corporate Commonwealth entities and do not adversely affect the private sector.

 

 

 


Details of the Financial Framework (Supplementary Powers) Amendment
(Infrastructure, Transport, Regional Development and Communications Measures No. 3) Regulations 2020

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 3) Regulations 2020.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after the instrument is registered on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Regulations are made under the Financial Framework (Supplementary Powers) Act 1997.

 

Section 4 - Schedules

 

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedule to the Regulations.

 

Schedule 1 - Amendments

 

Item 1 - In the appropriate position in Part 3 of Schedule 1AB (table)

 

This item adds a new table item to Part 3 of Schedule 1AB to establish legislative authority for government spending on an initiative that will be administered by the Department of Infrastructure, Transport, Regional Development and Communications (the department).

 

New table item 39 establishes legislative authority for the Government to provide grants of financial assistance to Imparja Television Pty Limited (Imparja) to support Imparja's continued operation and provision of commercial television services in regional and remote Australia.

 

The financial assistance promotes the Government's policy objective that regional and remote areas of Australia receive the same - or similar - level of television services as their metropolitan counterparts. It also indirectly supports Imparja's continued involvement in the provision of other services that the Government currently funds, such as the eastern Viewer Access Satellite Television (VAST) service and the Indigenous Broadcasting Program.

 

The support also contributes to one of the department's outcomes by providing an environment in which all Australians can access and benefit from digital technologies and communications services, supporting inclusiveness and sustainable economic growth.


Established in 1987, Imparja is a 100 per cent Indigenous-owned, not-for-profit commercial television broadcaster operating in the Remote Central and Eastern Australia television licence area. The licence area covers over 3.6 million square kilometres across the Northern Territory, South Australia, Tasmania, Queensland, New South Wales and Victoria.

 

Imparja provides terrestrial television access to content from Nine Entertainment Co. It is also a partner in two joint ventures with Southern Cross Austereo. Collectively these four entities deliver the three commercial free-to-air services, including most of the digital multi-channels through a network of terrestrial broadcast towers and the VAST satellite service in the Remote Central and Eastern Australia terrestrial licence area and the eastern VAST area respectively. An estimated 150,000 households rely on the terrestrial service, while an estimated 161,000 households rely on the eastern VAST service. Imparja also assists with the satellite transmission of 14 Indigenous radio services and Indigenous Community Television, which is funded under the National Indigenous Australians Agency's Indigenous Broadcasting Program.

 

As a not-for-profit organisation, Imparja reinvests any profits in the business and donates them to community organisations, rather than distribute profits among its shareholders. Imparja's objectives support furthering equality in rural and remote areas of Australia, including the provision of services to Indigenous people. Imparja's support in this area is widespread, covering issues relating to Indigenous health, equality, sport and employment.

 

The financial assistance will support the continued provision of Imparja's commercial television services and indirectly support Imparja to continue to provide its other services.

 

The department will use a targeted ad hoc grant process in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 (the PGPA Act) and the Commonwealth Grants Rules and Guidelines 2017 (CGRGs).

 

Imparja would be required to enter into a grant agreement with the Commonwealth. The grants would be publicly reported on GrantConnect in line with the CGRGs.

 

The Minister for Communications, Cyber Safety and the Arts (the Minister) will be the final decision maker for the grants, including the approval of the grants, the funding amount to be awarded, and the terms and conditions of the grant. Funding decisions will be made objectively, and in accordance with the assessment process set out in the guidelines and applicable legislative requirements under the PGPA Act. The Minister will not approve funding if it does not represent value for relevant money.

 

Funding decisions made in connection with financial assistance will not be subject to independent merits review. Imparja has been identified as the potential recipient of these ad hoc grants as a holder of a broadcasting licence in the Remote Central and Eastern Australia television licence area, and its involvement in the provision of other television and radio services. The delivery of the grant activities is specifically dependent on the established infrastructure and commercial agreements that Imparja currently has in this licence area. In addition, the Minister's decision to approve funding will be based on a comprehensive and independent assessment of Imparja's financial and market circumstances.

 

The department has engaged with Imparja throughout 2019 and 2020 following representations made to Government by Imparja. This process involved the department commissioning a review of Imparja's financial circumstances conducted by KordaMentha in late 2019. The proposed financial assistance is consistent with the recommendations made by KordaMentha.

The department has also consulted the National Indigenous Australians Agency, which administers the Indigenous Broadcasting Program.

 

Funding of up to $0.8 million in 2019-20 will come from Program 5.1: Digital Technologies and Communications Services, which is part of Outcome 5.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the item references the communications power in section 51(v) of the Constitution.

 

Communications power

 

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic, telephonic and other like services'.

 

The financial assistance provided to Imparja will support Imparja's continued operation and provision of commercial television services in regional and remote Australia.

 

Item 2 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending on an initiative that will be administered by the department.

 

New table item 402 establishes legislative authority for government spending on the Australian Music Industry Package (the music package) to support the Australian contemporary music industry.

 

On 30 March 2019, the then Minister for Communications and the Arts,
Senator the Hon Mitch Fifield, issued the media release More live music, more opportunities for Australia's musicians, which included five measures under the music package.

 

The music package objectives are to bring more live music to Australian communities, create greater representation of women and Indigenous artists in the music industry, and assist Australian musicians expand into international markets.

 

Funding will be provided to the Australian contemporary music industry through the following four measures under the music package.


Live Music Australia initiative

 

The Live Music Australia initiative will support the venue-based live music sector to present performances of Australian music by Australian artists. The venue-based live music sector is a core component of the music sector and critical to the development of both artist and audience. The focus of the initiative is to support small to medium venues to present more original Australian live music.

 

Funding will be available for infrastructure, equipment, programming of live music and activities that put live music venues in a better position to deliver Australian live music, such as building professional capacity and filling gaps in venue touring circuits.

 

The initiative will be delivered as a national grants program through an open competitive grant opportunity targeting Australian businesses and music industry organisations hosting live music.

 

Funding of $22.5 million over five years from 2019-20 will be available for the Live Music Australia initiative.

 

Women in Music Mentor program

 

The Women in Music Mentor program will be a national mentoring and training program aimed at empowering women working in the Australian music industry by developing professional decision making, governance, commercial, and corporate engagement skills.

 

The mentor and training program, including workshops and conferences, will be open to all female Australian musicians and music professionals at various stages of their careers, with the aim of assisting in career navigation and providing leadership pathways.

 

The program will be delivered through a grant agreement with the Australian Independent Record Labels Association.

 

Funding of $2.1 million over four years from 2019-20 will be available for the Women in Music Australia program.

 

Indigenous Contemporary Music program

 

The Indigenous Contemporary Music program will provide development opportunities for Aboriginal and Torres Strait Islander musicians and bands. Activities under this program will include training, mentoring, partnerships and collaborations designed to develop professional skills and lead to income earning pathways.

 

The program will be delivered as a national development program through grant opportunities to targeted organisations with the capacity and expertise to design and deliver development programs for Indigenous Australians.

 

This funding will be delivered in partnership with Aboriginal and Torres Strait Islander peoples and organisations and focus on providing support and skills to Indigenous musicians to navigate the industry. It is aimed at establishing support mechanisms for individuals and bands, providing opportunities for ongoing income and employment pathways.

 

Funding of $2.7 million over four years from 2019-20 will be available for the Indigenous Contemporary Music program.

 

Sounds Australia funding

 

Sounds Australia will receive funding to support their activities that assist the Australian music industry capitalise on international markets, including in Asia, and promote Australian music overseas.

 

The funding will support a wide range of Australian musicians and bands to enter growing international markets by increasing access to internal business markets, assisting musicians in building international profiles and accessing opportunities to showcase their work. This support will assist in securing a return on commercial investment and increase the reach of Australian creative content and stories.

 

Funding will be provided through a grant to the Australasian Performing Right Association to continue the work of Sounds Australia.

 

Funding of $1.6 million over four years from 2019-20 will be available to Sounds Australia.

 

The fifth measure under the music package is additional funding to the Australia Council to boost the Contemporary Music Touring Program to increase performance opportunities for musicians, including in regional venues. Legislative authority for this measure is provided by the Australia Council Act 2013 and not the Regulations.

 

Funding of $2 million over four years from 2019-20 will be available to the Australia Council to administer the expansion of the Contemporary Music Touring Program.

 

The department will deliver the music package through multiple grant processes in accordance with the Public Governance, Performance and Accountability Act 2013 (the PGPA Act) and the Commonwealth Grants Rules and Guidelines 2017 (CGRGs).

 

The Live Music Australia initiative is an open competitive grant opportunity, with multiple funding rounds, where applicants apply against eligibility and assessment criteria in accordance with the grant opportunity guidelines.

 

The Women in Music Mentor program and Sounds Australia funding are each delivered as one-off grant opportunities to single organisations who have been identified and assessed as the most appropriate bodies to achieve the program objectives.

 

The Indigenous Contemporary Music program will be delivered through grant opportunities to targeted organisations who have been identified and assessed in accordance with the grant opportunity guidelines.

 

The Minister for Communications, Cyber Safety and the Arts (the Minister) is the decision maker for all grants, including the approval of the grants, the funding amount to be awarded, and the terms and conditions of the grants. The Minister will be supported by program officers within the department through the provision of grant recommendations, following assessment of applications against the assessment criteria and in accordance with the relevant grant opportunity guidelines. Independent peer assessors from the music sector will be used in instances where industry specific expertise is required, to provide additional information to inform the assessment and assist in making final decisions on funding.

 

All relevant approvals will be subject to the PGPA Act. Funding decisions will be made objectively, in accordance with the assessment process and eligibility criteria set out in each of the grant opportunity guidelines and applicable legislative requirements under the PGPA Act.

 

In accordance with the CGRGs, grant opportunity guidelines and information on funding decisions will be publicly available on GrantConnect.

 

Decisions to approve or not approve a grant made to an eligible applicant under the music package will not be subject to secondary or external merits review. The Minister's decision to approve funding will be based on the allocation of finite resources between applicants with the capacity to successfully deliver program objectives. With a need that exceeds the limit of the funding available, only a proportion of suitable projects can be funded.

 

A reviewed decision made in relation to one grant would affect decisions in relation to others, particularly around timing and funding amounts, which could jeopardise recommended activities. In order to address accountability issues related to the exclusion of a merits review, the design and approval process for the music package emphasises administrative accountability for decisions to allocate funding.

 

The application and assessment processes put in place for each of the programs ensure that the grant opportunity process is fair and consistent with the CGRGs. According to the published guidelines and grant agreements with grantees, each grant opportunity incorporates appropriate safeguards against fraud, unlawful activities and other inappropriate conduct.

 

Complaints about any of the grant opportunities can be made in the first instance to the department. Complaints are investigated under the department's complaints policy and procedures. Information about the complaints handling process is provided in the department's Client Service Charter available at communications.gov.au/who-we-are/department/client-service-charter.

 

If the complainant is not satisfied with the department's handling of their matter, they can contact the Commonwealth Ombudsman.

 

The department has consulted with key stakeholders from across the Australian music industry during the development of the programs under the music package. The consultation process included representatives from peak bodies, music industry professionals, businesses and federal, state and territory governments. Feedback from these sources has been incorporated into the respective grant opportunity guidelines where appropriate.


Funding of $30.9 million was included in the 2019-20 Budget under the measure 'Support for the Australian Music Industry' over five years from 2019-20. Details are set out in Budget 2019-20, Budget Measures, Paper No. 2 2019-20 at pages 29 and 60.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

 

Trade and commerce power

 

Section 51(i) of the Constitution empowers the Parliament to make laws with respect to 'trade and commerce with other countries, and among the states'.

 

The music package will allow funding to support Sounds Australia's promotion of Australian music overseas. Sounds Australia assists the Australian music industry to capitalise on international markets, strengthening Australia's reputation as a sophisticated and artistic nation with a confident, outward-focused arts sector. The music package will promote participation in Australia's arts and culture and further expand our musical exports into other countries.

 

Races power

 

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to 'the people of any race for whom it is deemed necessary to make special laws'.

 

The Indigenous Contemporary Music program involves development opportunities for Aboriginal and Torres Strait Islander musicians and bands through a national program. These grant opportunities will target organisations that have the capacity and expertise to provide important development programs to benefit Indigenous Australians.

 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'.

 

The external affairs power supports legislation implementing Australia's international obligations under treaties to which it is a party.

 

Australia has obligations under the Convention on the Elimination of all Forms of Discrimination against Women [1983] ATS 9 (CEDAW) to take measures to eliminate discrimination against women. Articles 2 and 3 of the CEDAW contain general obligations around eliminating discrimination against women and ensuring their development and advancement in all fields. Article 11 of the CEDAW refers to eliminating discrimination against women in the field of employment.

 

The Women in Music Mentor program will support the implementation of Australia's obligations under the CEDAW by aiming to provide professional career development opportunities for women, increase the representation of women, and reduce discrimination against women in the Australian music industry. To achieve this goal, the program will involve a nationwide mentoring and training program that aims to empower women to navigate career and leadership pathways in the Australian music industry, as well as develop general professional decision making, governance, commercial and corporate engagement skills.

 

Executive power and express incidental power, including the nationhood aspect

 

The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. Section 61 of the Constitution supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

 

The Live Music Australia initiative is a national grants program aimed at fostering and promoting performances of Australian music by Australian artists. The initiative has been designed so that Australian businesses and industry organisations around the country can apply for grants to support an increase in the volume and quality of live Australian music performances, being an aspect of Australian cultural and artistic life.


Statement of Compatibility with Human Rights

 

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

 

Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 3) Regulations 2020

 

This disallowable legislative instrument 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 legislative instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the FF(SP) Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.

 

The Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 3) Regulations 2020 amend Schedule 1AB to the (FF(SP) Regulations to add two new table items to establish legislative authority for government spending on certain activities that are administered by the Department of Infrastructure, Transport, Regional Development and Communications.

 

This instrument adds:

 

Table item 39 - Imparja Television

 

Table item 39 establishes legislative authority for the Government to provide grants of financial assistance to Imparja Television Pty Limited (Imparja) to support Imparja's continued operation and provision of commercial television services in regional and remote Australia.

 

Established in 1987, Imparja is a 100 per cent Indigenous-owned, not-for-profit commercial television broadcaster operating in the Remote Central and Eastern Australia television licence area. The licence area covers over 3.6 million square kilometres across the Northern Territory, South Australia, Tasmania, Queensland, New South Wales and Victoria.

 

Imparja provides terrestrial television access to content from Nine Entertainment Co. It is also a partner in two joint ventures with Southern Cross Austereo. Collectively these four entities deliver the three commercial free-to-air services, including most of the digital multi-channels through a network of terrestrial broadcast towers and the Viewer Access Satellite Television (VAST) service in the Remote Central and Eastern Australia terrestrial licence area and the eastern VAST area respectively. An estimated 150,000 households rely on the terrestrial service, while an estimated 161,000 households rely on the eastern VAST service. Imparja also assists with the satellite transmission of 14 Indigenous radio services and Indigenous Community Television, which is funded under the National Indigenous Australians Agency's Indigenous Broadcasting Program.

 

The financial assistance promotes the Government's policy objective that regional and remote areas of Australia receive the same - or similar - level of television services as their metropolitan counterparts. It also contributes to one of the department's outcomes by providing an environment in which all Australians can access and benefit from digital technologies and communications services, supporting inclusiveness and sustainable economic growth.  

 

Human rights implications

 

Table item 39 engages the following human rights:

*         the right of freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice; in Article 19 of the International Covenant on Civil and Political Rights (the ICCPR).

 

The UN Committee on Economic, Social and Cultural Rights has given a very broad interpretation to the term 'culture'. This could potentially include the ability to access cultural events through viewing these events on television. The measure will support the continued provision by Imparja of Australian content. Arguably, the measure promotes both the right to receive information and to take part in cultural life or enjoy culture in the form of the broadcast television content.

 

The measure upholds the rights outlined in Article 15 of the ICESCR by promoting the ability of regional and remote Australian audiences to participate in cultural life by accessing Australian television content via terrestrial television services. Additionally, as outlined in the Parliamentary Joint Committee on Human Rights' Guide to Human Rights, the right to culture is a key human right that Australia has commitments to uphold. The measure upholds the right to culture by making cultural goods and services (in this content, broadcast television content) available to audiences located in regional and remote areas.

 

The measure supports the freedom to seek, receive and impart information in Article 19 of the ICCPR by enabling Imparja to continue to deliver information to Australians in regional and remote locations via television broadcasting services. More broadly, the measure also promotes the Commonwealth's objective of providing the best possible broadcasting services to the Australian people.

 

Conclusion

 

Table item 39 is compatible with human rights because it promotes the rights of all people to take part in cultural life and the right to freedom of expression.


 

Table item 402 - Australian Music Industry Package

 

Table item 402 establishes legislative authority for government spending on the Australian Music Industry Package (the music package).

 

On 30 March 2019, the then Minister for Communications and the Arts,
Senator the Hon Mitch Fifield, issued the media release More live music, more opportunities for Australia's musicians which included measures under the music package.

 

The music package objectives are to bring more live music to Australian communities, create greater representation of women and Indigenous artists in the music industry, and assist Australian musicians expand into international markets.

 

Funding will be provided to the Australian contemporary music industry through four measures:

*         the Live Music Australia initiative, assisting Australian businesses and music industry organisations support performances of Australian music by Australian artists through a five-year national grants program commencing in 2019-20;

*         the Women in Music Mentor program, empowering women working in the Australian music industry through a four-year national mentoring and training program commencing in 2019-20;

*         the Indigenous Contemporary Music program, providing development for Indigenous musicians and bands through a four-year development program commencing in 2019-20; and

*         Sounds Australia funding, assisting the Australian music industry capitalise on international markets, including in Asia, commencing in 2019-20.

 

Human rights implications

 

Table item 402 engages the following rights:

*         the right to freely pursue economic, social and cultural development; the right to gain a living through freely chosen work including the right to technical and vocational guidance and training; and the right to take part in cultural life, to benefit from the protection of moral and material interests resulting from artistic production, and in recognition of the benefits of encouraging and developing international contacts and co-operation in creative fields; in Articles 1, 6 and 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR);

*         the right to equality of men and women including the elimination of all discrimination against women; the right to the full development and advancement of women; and the right to employment opportunities and vocational training for women; in Articles 2, 3 and 11 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);

*         the right to free choice of employment; the right to education and training; and the right to equal participation in cultural activities; in Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD); and

*         the right of ethnic, religious or linguistic minorities to enjoy their own culture and use their own language in community with other members of their group; in Article 27 of the International Covenant on Civil and Political Rights (ICCPR).

 

Table item 402 supports the growth of contemporary music in Australia and creates more opportunities for Australian artists to undertake cultural and artistic endeavours and compete in a global industry. As a whole, the music package recognises that the music sector makes a significant contribution to Australia's cultural economy, with each of the measures designed to boost professional skills and build capacity across the workforce of the music industry.

 

While operating as separate funding streams, the measures share a range of human rights implications, with common purpose and combined outcomes. Broadly, the measures promote economic, social and cultural rights through the provision of development, training, business and participation outcomes for Australian artists and music industry professionals. At the same time, each of the measures targets a particular aspect of the music industry, thereby engaging with specific human rights.

 

All aspects of the music package support the production and promotion of original Australian music, engaging the right to take part in cultural life and to fully realise this through the development and diffusion of culture (ICESCR, Articles 15(1)(a) and 15(2)). With an emphasis on training and employment outcomes for individuals along with economic outcomes for businesses and industry organisations, the package also promotes the right to benefit from the protection of the moral and material interests resulting from artistic production (ICESCR, Article 15(1)(c)). Furthermore, the measures are designed to be inclusive, representing a diversity of peoples who practise in a wide range of musical genres and communities, which promotes the right of ethnic and/or linguistic minorities to enjoy their own culture and use their own language (ICCPR, Article 27).

 

The Live Music Australia initiative provides financial support to Australian businesses and music industry organisations, promoting the right to economic development (ICESCR, Article 1(1)). The initiative is also designed to encourage and support more performances of live Australian music by Australian artists, thereby promoting the right to cultural development (ICESCR, Article 1(1)).

 

Economic and cultural rights are also engaged through the package's support of Sounds Australia and its mandate to promote Australian music overseas. Funding that assists Australian musicians to enter growing international markets will provide return on investment and increase the reach of Australian creative content and stories, recognising the benefits to be derived from the encouragement and development of international contacts and co-operation in the cultural field (ICESCR, Article 15(4)).

 

Other elements of the music package specifically address the underrepresentation of women and Aboriginal and Torres Strait Islander peoples in the music industry, seeking to reduce discrimination against, and provide opportunities and pathways for those specific target groups.

 

The Women in Music Mentor program embodies the principle of equality of men and women and is a measure designed to assist in eliminating discrimination against women (CEDAW, Articles 2(a) and (e)). The program also supports the full development and advancement of women on a basis of equality with men (CEDAW, Article 3) and promotes the rights to equal opportunities in regards to employment, vocational training and remuneration (CEDAW, Articles 11(1)(b), (c) and (d)).

 

The Indigenous Contemporary Music program broadly promotes economic, social and cultural rights (CERD, Article 5(e)). As a development program for Aboriginal and Torres Strait Islander musicians and bands, it is designed to protect the right to work and free choice of employment, the right to education and training, and the right to equal participation in cultural activities (CERD, Articles 5(e)(i), (v) and (vi)). The training and mentorship elements of the package also promote the right to work, providing programs and guidance to support vocational employment (ICESCR, Article 6(2)).

 

Conclusion

 

Table item 402 is compatible with human rights because it engages and promotes the protection of human rights.  

 

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance


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