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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Broadcasting Corporation
Amendment (Rural and Regional
Measures) Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to amend the Australian
Broadcasting Corporation Act 1983, and for other
purposes
No. , 2017
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Australian Broadcasting Corporation
3
Part 1--Amendments
3
Australian Broadcasting Corporation Act 1983
3
Part 2--Application and transitional provisions
8
No. , 2017
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
1
A Bill for an Act to amend the Australian
1
Broadcasting Corporation Act 1983, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Australian Broadcasting Corporation Amendment
6
(Rural and Regional Measures) Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
2
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Australian Broadcasting Corporation Schedule 1
Amendments Part 1
No. , 2017
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
3
Schedule 1--Australian Broadcasting
1
Corporation
2
Part 1--Amendments
3
Australian Broadcasting Corporation Act 1983
4
1 Subsection 3(1) (after paragraph (a) of the definition of
5
Advisory Council)
6
Insert:
7
(aa) the Australian Broadcasting Corporation Regional Advisory
8
Council established under subsection 11(1A); or
9
2 Subsection 3(1)
10
Insert:
11
metropolitan area means an area that is a Greater Capital City
12
Statistical Area within the meaning of the most recent published
13
edition of the Australian Statistical Geography Standard (ASGS) as
14
produced by the Australian Bureau of Statistics.
15
Regional Advisory Council means the Australian Broadcasting
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Corporation Regional Advisory Council established under
17
subsection 11(1A).
18
regional area means an area in Australia that is not a metropolitan
19
area. This definition does not apply to:
20
(a) paragraph (b) of the definition of Advisory Council; or
21
(b) subsections 11(2) and (4).
22
3 Subparagraph 6(1)(a)(i)
23
After "sense of", insert "regional and".
24
4 Subparagraph 6(1)(a)(i)
25
After "reflect the", insert "geographic and".
26
5 After subsection 11(1)
27
Insert:
28
Schedule 1 Australian Broadcasting Corporation
Part 1 Amendments
4
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
No. , 2017
(1A) The Board must:
1
(a) establish an Advisory Council under the name Australian
2
Broadcasting Corporation Regional Advisory Council; and
3
(b) do so within 3 months after the commencement of this
4
subsection.
5
6 After subsection 11(3)
6
Insert:
7
(3A) The function of the Regional Advisory Council is, either on its own
8
initiative or at the request of the Board, to advise the Board on
9
matters relating to the provision by the Corporation of broadcasting
10
services in regional areas.
11
7 After subsection 11(6)
12
Insert:
13
(6A) A person must not be appointed to the Regional Advisory Council
14
unless the person has a substantial connection to, or substantial
15
experience in, a regional area through business, industry or
16
community involvement.
17
(6B) A person must not be appointed to the Regional Advisory Council
18
if the person is a member of:
19
(a) another Advisory Council; or
20
(b) an advisory committee.
21
8 After subsection 11(10)
22
Insert:
23
(10A) If the Board decides that the members of the Regional Advisory
24
Council should be remunerated, those members must be paid by
25
the Corporation such remuneration as is determined by the
26
Remuneration Tribunal.
27
9 Subsection 11(12)
28
After "Advisory Council", insert ", from the Regional Advisory
29
Council".
30
Australian Broadcasting Corporation Schedule 1
Amendments Part 1
No. , 2017
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
5
10 At the end of section 11
1
Add:
2
(13) Before making a decision that:
3
(a) will result in a change to a broadcasting service provided by
4
the Corporation in a regional area; and
5
(b) is likely to have a significant impact on audiences in the
6
regional area;
7
the Board must consult the Regional Advisory Council.
8
(14) Subsection (13) does not apply to a decision made during the
9
period:
10
(a) beginning at the commencement of this subsection; and
11
(b) ending when the Regional Advisory Council is established.
12
11 After subsection 12(5D)
13
Insert:
14
(5E) In making recommendations to the Governor-General about the
15
appointment of Directors referred to in paragraph (1)(b) or (c), the
16
Prime Minister and the Minister must take all reasonable steps to
17
ensure that at least 2 of the Directors referred to in those
18
paragraphs are persons who have a substantial connection to, or
19
substantial experience in, a regional area through business, industry
20
or community involvement.
21
(5F) If:
22
(a) the Governor-General appoints a Director referred to in
23
paragraph (1)(b); and
24
(b) the Director is a person who has a substantial connection to,
25
or substantial experience in, a regional area through business,
26
industry or community involvement;
27
the Prime Minister must:
28
(c) prepare a statement that outlines the person's substantial
29
connection to, or substantial experience in, a regional area
30
through business, industry or community involvement; and
31
(d) cause copies of the statement to be tabled in each House of
32
the Parliament within 15 sitting days of that House after the
33
Schedule 1 Australian Broadcasting Corporation
Part 1 Amendments
6
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
No. , 2017
instrument of appointment was signed by the
1
Governor-General.
2
(5G) If:
3
(a) the Governor-General appoints a Director referred to in
4
paragraph (1)(c); and
5
(b) the Director is a person who has a substantial connection to,
6
or substantial experience in, a regional area through business,
7
industry or community involvement;
8
the Minister must:
9
(c) prepare a statement that outlines the person's substantial
10
connection to, or substantial experience in, a regional area
11
through business, industry or community involvement; and
12
(d) cause copies of the statement to be tabled in each House of
13
the Parliament within 15 sitting days of that House after the
14
instrument of appointment was signed by the
15
Governor-General.
16
12 After subsection 24B(2)
17
Insert:
18
Nomination Panel to assess applicants' substantial connection to,
19
or substantial experience in, a regional area through business,
20
industry or community involvement
21
(2A) If the Nomination Panel conducts a selection process for an
22
appointment of a Director referred to in paragraph 12(1)(b) or (c),
23
the Nomination Panel must:
24
(a) assess whether each applicant for the appointment is a person
25
who has a substantial connection to, or substantial experience
26
in, a regional area through business, industry or community
27
involvement; and
28
(b) prepare a report of the assessment; and
29
(c) include that report in the paragraph (1)(d) report that relates
30
to the selection process.
31
13 Section 80
32
Before "The Directors", insert "(1)".
33
Australian Broadcasting Corporation Schedule 1
Amendments Part 1
No. , 2017
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
7
14 After paragraph 80(g)
1
Insert:
2
(h) particulars of any advice received by the Board during the
3
period from the Regional Advisory Council; and
4
15 At the end of section 80
5
Add:
6
; and (m) the total number of individuals employed by the Corporation
7
in regional areas at the end of the period; and
8
(n) the total number of individuals employed by the Corporation
9
in metropolitan areas at the end of the period; and
10
(o) the ratio, as at the end of the period, of the total number of
11
individuals employed by the Corporation in regional areas as
12
journalists to the total number of individuals employed by the
13
Corporation in regional areas as support staff; and
14
(p) the ratio, as at the end of the period, of the total number of
15
individuals employed by the Corporation in metropolitan
16
areas as journalists to the total number of individuals
17
employed by the Corporation in metropolitan areas as
18
support staff; and
19
(q) for each broadcasting service provided by the Corporation in
20
a regional area during the period--the total number of hours
21
of local or regional news bulletins broadcast on the service
22
during the period.
23
(2) In this section:
24
journalist means an individual engaged in the profession or
25
practice of reporting for, photographing, videoing, editing,
26
recording or making:
27
(a) television or radio programs; or
28
(b) datacasting content; or
29
(c) internet content;
30
of a news, current affairs, information or documentary character.
31
support staff means staff other than journalists.
32
Schedule 1 Australian Broadcasting Corporation
Part 2 Application and transitional provisions
8
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
No. , 2017
Part 2--Application and transitional provisions
1
16 Application of amendments
--annual report
2
The amendments of section 80 of the Australian Broadcasting
3
Corporation Act 1983 made by this Schedule apply in relation to an
4
annual report for a period beginning after the commencement of this
5
item.
6
17 Transitional
--tabling of statements
7
(1)
If:
8
(a) immediately after the commencement of this item, a person
9
held office as a Director referred to in paragraph 12(1)(b) of
10
the Australian Broadcasting Corporation Act 1983; and
11
(b) the Prime Minister is satisfied that the person has a
12
substantial connection to, or substantial experience in, a
13
regional area through business, industry or community
14
involvement;
15
the Prime Minister must:
16
(c) prepare a statement that outlines the person's substantial
17
connection to, or substantial experience in, a regional area
18
through business, industry or community involvement; and
19
(d) cause copies of the statement to be tabled in each House of
20
the Parliament within 15 sitting days of that House after the
21
commencement of this item.
22
(2)
If:
23
(a) immediately after the commencement of this item, a person
24
held office as a Director referred to in paragraph 12(1)(c) of
25
the Australian Broadcasting Corporation Act 1983; and
26
(b) the Minister is satisfied that the person has a substantial
27
connection to, or substantial experience in, a regional area
28
through business, industry or community involvement;
29
the Minister must:
30
(c) prepare a statement that outlines the person's substantial
31
connection to, or substantial experience in, a regional area
32
through business, industry or community involvement; and
33
Australian Broadcasting Corporation Schedule 1
Application and transitional provisions Part 2
No. , 2017
Australian Broadcasting Corporation Amendment (Rural and Regional
Measures) Bill 2017
9
(d) cause copies of the statement to be tabled in each House of
1
the Parliament within 15 sitting days of that House after the
2
commencement of this item.
3