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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
Communications Legislation
Amendment (Regional and Small
Publishers Innovation Fund) Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to amend legislation relating to
communications, and for other purposes
No. , 2017
Communications Legislation Amendment (Regional and Small
Publishers Innovation Fund) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Broadcasting Services Act 1992
3
No. , 2017
Communications Legislation Amendment (Regional and Small
Publishers Innovation Fund) Bill 2017
1
A Bill for an Act to amend legislation relating to
1
communications, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Communications Legislation Amendment (Regional
5
and Small Publishers Innovation Fund) Act 2017.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Communications Legislation Amendment (Regional and Small
Publishers Innovation Fund) Bill 2017
No. , 2017
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
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
No. , 2017
Communications Legislation Amendment (Regional and Small
Publishers Innovation Fund) Bill 2017
3
Schedule 1--Amendments
1
2
Broadcasting Services Act 1992
3
1 After Part 14E
4
Insert:
5
Part 14F--Grants
6
7
205ZG Simplified outline of this Part
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•
The ACMA may, on behalf of the Commonwealth, make a
9
grant of financial assistance to:
10
(a)
a publisher of a newspaper, magazine or other
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periodical; or
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(b)
a content service provider.
13
•
A grant must be in respect of:
14
(a)
the financial year commencing on 1 July 2018; or
15
(b)
the financial year commencing on 1 July 2019; or
16
(c)
the financial year commencing on 1 July 2020.
17
•
The Minister may constitute an advisory committee to advise
18
the ACMA.
19
205ZH Grants
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(1) The ACMA may, on behalf of the Commonwealth, make a grant of
21
financial assistance to:
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(a) a constitutional corporation that publishes a newspaper,
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magazine or other periodical; or
24
(b) a content service provider (within the meaning of
25
Schedule 7);
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in respect of:
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(c) the financial year commencing on 1 July 2018; or
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Schedule 1 Amendments
4
Communications Legislation Amendment (Regional and Small
Publishers Innovation Fund) Bill 2017
No. , 2017
(d) the financial year commencing on 1 July 2019; or
1
(e) the financial year commencing on 1 July 2020.
2
(2) A grant of financial assistance must not be made to a person under
3
this section unless the person is party to an agreement under
4
subsection 205ZJ(2).
5
(3) The total amount of financial assistance granted under this section
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must not exceed $50,100,000.
7
(4) Payments under this section are to be made out of money
8
appropriated by the Parliament by another Act.
9
Note:
The other Act will usually be an Annual Appropriation Act.
10
205ZJ Terms and conditions for grants
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Scope
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(1) This section applies to a grant of financial assistance under
13
section 205ZH.
14
Terms and conditions
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(2) The terms and conditions on which that financial assistance is
16
granted are to be set out in a written agreement between the
17
Commonwealth and the recipient.
18
(3) An agreement under subsection (2) may be entered into by the
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ACMA on behalf of the Commonwealth.
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Core condition
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(4) An agreement under subsection (2) must set out a condition to the
22
effect that the recipient will spend the amount of the grant in
23
connection with a matter specified in the agreement.
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(5) If the grant is made to the recipient in the recipient's capacity as a
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constitutional corporation that publishes a newspaper, magazine or
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other periodical, the specified matter must concern the recipient's
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activities, so far as those activities relate to the newspaper,
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magazine or other periodical.
29
Amendments Schedule 1
No. , 2017
Communications Legislation Amendment (Regional and Small
Publishers Innovation Fund) Bill 2017
5
(6) If the grant is made to the recipient in the recipient's capacity as a
1
content service provider (within the meaning of Schedule 7), the
2
specified matter must concern the recipient's activities, so far as
3
those activities relate to the provision of a content service (within
4
the meaning of Schedule 7).
5
205ZK Advisory committee
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(1) The Minister may constitute a committee to advise the ACMA in
7
relation to the exercise of the ACMA's powers under this Part.
8
(2) In exercising its powers under this Part, the ACMA must have
9
regard to any relevant advice given to it by the committee.
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(3) Subsection (2) does not, by implication, limit the matters to which
11
the ACMA may have regard.
12
Remuneration
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(4) A member of the committee is to be paid the remuneration that is
14
determined by the Remuneration Tribunal. If no determination of
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that remuneration by the Tribunal is in operation, a member of the
16
committee is to be paid such remuneration as the Minister
17
determines in writing.
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(5) A member of the committee is to be paid such allowances as the
19
Minister determines in writing.
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(6) Subsections (4) and (5) have effect subject to the Remuneration
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Tribunal Act 1973.
22
(7) A determination made by the Minister under subsection (4) or (5)
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is a legislative instrument.
24
Sunsetting
25
(8) The committee ceases to exist at the end of 30 June 2021.
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205ZL Annual report
27
The Chair of the ACMA must include in the annual report on the
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ACMA given to the Minister under section 46 of the Public
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Schedule 1 Amendments
6
Communications Legislation Amendment (Regional and Small
Publishers Innovation Fund) Bill 2017
No. , 2017
Governance, Performance and Accountability Act 2013 for a
1
financial year mentioned in subsection 205ZH(1):
2
(a) the name of each person who received one or more grants of
3
financial assistance under section 205ZH in respect of the
4
financial year; and
5
(b) the amount of each of those grants; and
6
(c) the purpose of each of those grants; and
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(d) any advice given during the financial year to the ACMA by
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the committee constituted under section 205ZK.
9
205ZM Short title of amending Act does not limit the powers
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conferred by this Part
11
To avoid doubt, the use of the expression "Regional and Small
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Publishers Innovation" in the short title of the Act that inserted this
13
Part does not limit the powers conferred by this Part.
14