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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Communications Legislation
Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
No. , 2015
(Communications)
A Bill for an Act to amend and repeal laws relating
to communications, and for related purposes
No. , 2015
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--SBS--advertising flexibility
3
Special Broadcasting Service Act 1991
3
Schedule 2--SBS--product placement
4
Special Broadcasting Service Act 1991
4
Schedule 3--Technical amendments
7
Australian Broadcasting Corporation Act 1983
7
Special Broadcasting Service Act 1991
7
Schedule 4--Spent and redundant legislation
9
Part 1--Repeals
9
Broadcasting Amendment Act 1987
9
Broadcasting Amendment Act (No. 2) 1987
9
Broadcasting Amendment Act (No. 3) 1987
9
Broadcasting Amendment Act (No. 4) 1987
9
Broadcasting and Television Amendment Act 1980
9
Broadcasting and Television Amendment Act 1982
9
Broadcasting and Television Amendment Act 1984
10
Broadcasting and Television Amendment Act 1985
10
Broadcasting and Television Legislation Amendment Act 1985
10
Broadcasting and Television Legislation Amendment Act 1986
10
Broadcasting (Ownership and Control) Act 1987
10
Broadcasting (Ownership and Control) Act 1988
10
Broadcasting Stations Licence Fees Act 1981
11
Broadcasting Stations Licence Fees Amendment Act 1983
11
Broadcasting Stations Licence Fees Amendment Act 1985
11
Radiocommunications (Miscellaneous Provisions) Act 1982
11
Radio Licence Fees Amendment Act 1987
11
ii
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
No. , 2015
Radio Licence Fees Amendment Act (No. 2) 1987
11
Satellite Communications Amendment Act 1988
11
Television Licence Fees Amendment Act 1987
12
Television Licence Fees Amendment Act (No. 2) 1987
12
Television Licence Fees Amendment Act (No. 3) 1987
12
Television Stations Licence Fees Act 1981
12
Television Stations Licence Fees Amendment Act 1983
12
Television Stations Licence Fees Amendment Act 1985
12
Telstra (Transition to Full Private Ownership) Act 2005
12
Part 2--Other amendments
13
AUSSAT Repeal Act 1991
13
Competition and Consumer Act 2010
13
National Transmission Network Sale Act 1998
13
Telstra Corporation Act 1991
13
No. , 2015
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
1
A Bill for an Act to amend and repeal laws relating
1
to communications, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Communications Legislation
5
Amendment (SBS Advertising Flexibility and Other Measures) Act
6
2015.
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
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
3
The day after this Act receives the Royal
Assent.
3. Schedule 4
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
SBS--advertising flexibility Schedule 1
No. , 2015
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
3
Schedule 1
--SBS--advertising flexibility
1
2
Special Broadcasting Service Act 1991
3
1 Paragraph 45(2)(b)
4
Repeal the paragraph, substitute:
5
(b) that run in total for not more than:
6
(i) 10 minutes in any hour of broadcasting; and
7
(ii) 120 minutes in any 24 hours of broadcasting.
8
Schedule 2 SBS--product placement
4
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
No. , 2015
Schedule 2
--SBS--product placement
1
2
Special Broadcasting Service Act 1991
3
1 Section 3
4
Insert:
5
advertisement does not include product placement included in a
6
program or in content provided on a digital media service.
7
2 Section 45 (heading)
8
Repeal the heading, substitute:
9
45 Advertising, sponsorship and product placement--broadcasting
10
services
11
3 Subsection 45(1)
12
Omit "advertisements and sponsorship announcements", substitute
13
"advertisements, sponsorship announcements and programs that include
14
product placement".
15
4 Paragraph 45(4)(a)
16
Repeal the paragraph, substitute:
17
(a) must develop and publicise guidelines on:
18
(i) the kinds of advertisements and sponsorship
19
announcements that it is prepared to broadcast; and
20
(ii) the kinds of product placement that it is prepared to
21
have in programs that it broadcasts; and
22
5 At the end of subsection 45(4)
23
Add:
24
; and (c) may develop guidelines on other matters relating to the
25
inclusion of product placement in programs.
26
SBS--product placement Schedule 2
No. , 2015
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
5
6 Subsection 45(6)
1
Omit "advertisements and sponsorship announcements" (wherever
2
occurring), substitute "advertisements, sponsorship announcements and
3
product placement".
4
7 Section 45A (heading)
5
Repeal the heading, substitute:
6
45A Advertising, sponsorship and product placement--digital
7
media services
8
8 Subsection 45A(1)
9
Omit "advertisements and sponsorship announcements", substitute
10
"advertisements, sponsorship announcements and content that includes
11
product placement".
12
9 Paragraph 45A(2)(a)
13
Repeal the paragraph, substitute:
14
(a) must develop and publicise guidelines on:
15
(i) the kinds of advertisements and sponsorship
16
announcements that it is prepared to have on its digital
17
media services; and
18
(ii) the kinds of product placement that it is prepared to
19
have in content provided on its digital media services;
20
and
21
10 At the end of subsection 45A(2)
22
Add:
23
; and (c) may develop guidelines on other matters relating to the
24
inclusion of product placement in content provided on its
25
digital media services.
26
11 Subsection 45A(4)
27
Omit "advertisements and sponsorship announcements" (wherever
28
occurring), substitute "advertisements, sponsorship announcements and
29
product placement".
30
Schedule 2 SBS--product placement
6
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
No. , 2015
12 Paragraph 57(e)
1
Repeal the paragraph, substitute:
2
(e) money received by the SBS in respect of:
3
(i) sponsorships; and
4
(ii) the sale and broadcasting of advertisements; and
5
(iii) the inclusion of product placement in programs and in
6
content provided on digital media services; and
7
13 Paragraph 73(f)
8
Repeal the paragraph, substitute:
9
(f) particulars of:
10
(i) the total revenue earned during the period from
11
advertising, sponsorship and the inclusion of product
12
placement in programs and in content provided on
13
digital media services; and
14
(ii) the identity of each advertiser, sponsor or person paying
15
for product placement; and
16
(iii) the programs or content (if any) with which each
17
advertiser, sponsor or person paying for product
18
placement is associated; and
19
Technical amendments Schedule 3
No. , 2015
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
7
Schedule 3
--Technical amendments
1
2
Australian Broadcasting Corporation Act 1983
3
1 Subsection 79A(5)
4
Repeal the following definitions:
5
(a) definition of election;
6
(b) definition of election period;
7
(c) definition of Parliament;
8
(d) definition of referendum.
9
Special Broadcasting Service Act 1991
10
2 Section 3
11
Insert:
12
broadcasting service has the same meaning as in the Broadcasting
13
Services Act 1992.
14
3 Paragraph 3A(1)(c)
15
Omit "radio or television", substitute "broadcasting".
16
4 Subsection 6(1)
17
Omit "radio, television", substitute "broadcasting".
18
5 Paragraph 6(2)(g)
19
Omit "radio and television", substitute "broadcasting and digital
20
media".
21
6 Paragraph 6(2)(g)
22
Omit "television and radio", substitute "broadcasting and digital
23
media".
24
7 Paragraph 6(2)(h)
25
Omit "radio and television", substitute "broadcasting and digital
26
media".
27
Schedule 3 Technical amendments
8
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
No. , 2015
8 Paragraph 6(2)(h)
1
Omit "television and radio", substitute "broadcasting and digital
2
media".
3
9 Paragraph 44(1)(b)
4
After "transmit", insert "or communicate".
5
10 Paragraph 44(1)(b)
6
After "transmissions", insert "and communications".
7
11 Paragraph 44(1)(c)
8
After "transmission", insert "or communication".
9
12 Paragraph 44(1)(d)
10
Omit "or transmission of programs", substitute ", transmission or
11
communication of programs or other matter".
12
13 Subsection 70A(5)
13
Repeal the following definitions:
14
(a) definition of election;
15
(b) definition of election period;
16
(c) definition of Parliament;
17
(d) definition of referendum.
18
14 Paragraph 70C(1)(b)
19
Omit "radio or television", substitute "broadcasting".
20
Spent and redundant legislation Schedule 4
Repeals Part 1
No. , 2015
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
9
Schedule 4
--Spent and redundant legislation
1
Part 1
--Repeals
2
Broadcasting Amendment Act 1987
3
1 The whole of the Act
4
Repeal the Act.
5
Broadcasting Amendment Act (No. 2) 1987
6
2 The whole of the Act
7
Repeal the Act.
8
Broadcasting Amendment Act (No. 3) 1987
9
3 The whole of the Act
10
Repeal the Act.
11
Broadcasting Amendment Act (No. 4) 1987
12
4 The whole of the Act
13
Repeal the Act.
14
Broadcasting and Television Amendment Act 1980
15
5 The whole of the Act
16
Repeal the Act.
17
Broadcasting and Television Amendment Act 1982
18
6 The whole of the Act
19
Repeal the Act.
20
Schedule 4 Spent and redundant legislation
Part 1 Repeals
10
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
No. , 2015
Broadcasting and Television Amendment Act 1984
1
7 The whole of the Act
2
Repeal the Act.
3
Broadcasting and Television Amendment Act 1985
4
8 The whole of the Act
5
Repeal the Act.
6
Broadcasting and Television Legislation Amendment Act
7
1985
8
9 The whole of the Act
9
Repeal the Act.
10
Broadcasting and Television Legislation Amendment Act
11
1986
12
10 The whole of the Act
13
Repeal the Act.
14
Broadcasting (Ownership and Control) Act 1987
15
11 The whole of the Act
16
Repeal the Act.
17
Broadcasting (Ownership and Control) Act 1988
18
12 The whole of the Act
19
Repeal the Act.
20
Spent and redundant legislation Schedule 4
Repeals Part 1
No. , 2015
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
11
Broadcasting Stations Licence Fees Act 1981
1
13 The whole of the Act
2
Repeal the Act.
3
Broadcasting Stations Licence Fees Amendment Act 1983
4
14 The whole of the Act
5
Repeal the Act.
6
Broadcasting Stations Licence Fees Amendment Act 1985
7
15 The whole of the Act
8
Repeal the Act.
9
Radiocommunications (Miscellaneous Provisions) Act 1982
10
16 The whole of the Act
11
Repeal the Act.
12
Radio Licence Fees Amendment Act 1987
13
17 The whole of the Act
14
Repeal the Act.
15
Radio Licence Fees Amendment Act (No. 2) 1987
16
18 The whole of the Act
17
Repeal the Act.
18
Satellite Communications Amendment Act 1988
19
19 The whole of the Act
20
Repeal the Act.
21
Schedule 4 Spent and redundant legislation
Part 1 Repeals
12
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
No. , 2015
Television Licence Fees Amendment Act 1987
1
20 The whole of the Act
2
Repeal the Act.
3
Television Licence Fees Amendment Act (No. 2) 1987
4
21 The whole of the Act
5
Repeal the Act.
6
Television Licence Fees Amendment Act (No. 3) 1987
7
22 The whole of the Act
8
Repeal the Act.
9
Television Stations Licence Fees Act 1981
10
23 The whole of the Act
11
Repeal the Act.
12
Television Stations Licence Fees Amendment Act 1983
13
24 The whole of the Act
14
Repeal the Act.
15
Television Stations Licence Fees Amendment Act 1985
16
25 The whole of the Act
17
Repeal the Act.
18
Telstra (Transition to Full Private Ownership) Act 2005
19
26 The whole of the Act
20
Repeal the Act.
21
Spent and redundant legislation Schedule 4
Other amendments Part 2
No. , 2015
Communications Legislation Amendment (SBS Advertising Flexibility
and Other Measures) Bill 2015
13
Part 2
--Other amendments
1
AUSSAT Repeal Act 1991
2
27 Subsection 2(4)
3
Repeal the subsection.
4
28 Part 2
5
Repeal the Part.
6
Competition and Consumer Act 2010
7
29 Sections 152ELB and 152EOA
8
Repeal the sections.
9
National Transmission Network Sale Act 1998
10
30 Part 5
11
Repeal the Part.
12
31 Sections 25 and 27
13
Repeal the sections.
14
Telstra Corporation Act 1991
15
32 Section 3 (definition of designated day)
16
Omit "the day declared under section 3 of the Telstra (Transition to Full
17
Private Ownership) Act 2005", substitute "24 November 2006".
18
33 Paragraph 3B(1)(b)
19
Omit "the commencement of Part 1 of Schedule 1 to the Telstra
20
(Transition to Full Private Ownership) Act 2005", substitute
21
"23 September 2005".
22