Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (EMERGENCY RESPONSE CONSOLIDATION) BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Families, Housing, Community Services
and Indigenous Affairs and Other
Legislation Amendment (Emergency
Response Consolidation) Bill 2008
No. , 2008
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend laws in order to respond
to the Northern Territory's national emergency,
and for other purposes
i Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--R 18+ programs
3
Broadcasting Services Act 1992
3
Northern Territory National Emergency Response Act 2007
8
Schedule 2--Transport of prohibited material
13
Classification (Publications, Films and Computer Games) Act 1995
13
Schedule 3--Access to Aboriginal land
15
Aboriginal Land Rights (Northern Territory) Act 1976
15
Northern Territory National Emergency Response Act 2007
16
Schedule 4--Community stores
17
Northern Territory National Emergency Response Act 2007
17
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 1
A Bill for an Act to amend laws in order to respond
1
to the Northern Territory's national emergency,
2
and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Families, Housing, Community
6
Services and Indigenous Affairs and Other Legislation Amendment
7
(Emergency Response Consolidation) Act 2008.
8
2 Commencement
9
This Act commences on the day after it receives the Royal Assent.
10
2 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
R 18+ programs Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 3
1
Schedule 1
--
R 18+ programs
2
3
Broadcasting Services Act 1992
4
1 Paragraph 139(6)(c)
5
After "11(1)", insert "or 12(1)".
6
2 Subsection 140A(6)
7
After "11(1)", insert "or 12(1)".
8
3 Section 204 (at the end of the table)
9
Add:
10
11
Declaration that a
subscription television
narrowcasting service is a
declared subscription
television narrowcasting
service
Subclause 12(4) of
Schedule 2
The person who
provides the
service under a
class licence
Refusal to revoke a
declaration that a
subscription television
narrowcasting service is a
declared subscription
television narrowcasting
service
Subclause 12(9) of
Schedule 2
The person who
provides the
service under a
class licence
4 Subclause 5(3) of Schedule 2
12
Omit "so made", substitute "made under subclause (2)".
13
5 After subclause 5(3) of Schedule 2
14
Insert:
15
(3A) If:
16
(a) a broadcaster provides a subscription television
17
narrowcasting service under a class licence; and
18
(b) the service is capable of being received by a subscriber in a
19
prescribed area; and
20
Schedule 1 R 18+ programs
4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
(c) at least one R 18+ program is broadcast by the service on a
1
particular day;
2
the broadcaster must cause a record of the following matters to be
3
made in a form approved in writing by the ACMA:
4
(d) the total number of hours of R 18+ programs broadcast by
5
the service during that day;
6
(e) the total number of hours of programs broadcast by the
7
service during that day.
8
Note:
For prescribed area and R 18+ program, see subclause (10).
9
(3B) For the purposes of subclause (3A), ignore the following:
10
(a) advertising or sponsorship material (whether or not of a
11
commercial kind);
12
(b) a promotion for a television program or a subscription
13
television narrowcasting service;
14
(c) community information material or community promotional
15
material;
16
(d) a news break or weather bulletin;
17
(e) any other similar material.
18
(3C) Subject to this clause, a broadcaster must retain in the
19
broadcaster's custody a record made under subclause (3A):
20
(a) for 120 days after the day to which the record relates; or
21
(b) for such longer period as the ACMA directs in writing.
22
(3D) Subclauses (3A), (3B) and (3C) cease to have effect at the same
23
time as subclause 12(1) ceases to have effect.
24
6 Subclause 5(4) of Schedule 2
25
Omit "so made", substitute "made under subclause (2) or (3A)".
26
7 Subclause 5(4) of Schedule 2
27
After "(3)", insert "or (3C)".
28
8 Subclause 5(9) of Schedule 2
29
After "(2)", insert "or (3A)".
30
9 At the end of clause 5 of Schedule 2
31
Add:
32
R 18+ programs Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 5
(10) In subclause (3A):
1
prescribed area has the same meaning as in the Northern Territory
2
National Emergency Response Act 2007.
3
R 18+ program has the same meaning as in clause 12.
4
10 At the end of Part 7 of Schedule 2
5
Add:
6
12 Condition applicable to declared subscription television
7
narrowcasting services provided in the Northern
8
Territory under class licences
9
(1) The provision by a person of a declared subscription television
10
narrowcasting service under a class licence is subject to the
11
condition that the licensee will not provide the service in a way that
12
will enable a subscriber in a declared prescribed area to receive the
13
service.
14
Sunset provision
15
(2) Subclause (1) ceases to have effect at whichever is the earlier of
16
the following times:
17
(a) the end of the period of 5 years that began on the day after
18
the day on which the Northern Territory National Emergency
19
Response Act 2007 received the Royal Assent;
20
(b) if a shorter period is specified in a written instrument made
21
by the Minister for the purposes of this paragraph--the end
22
of that shorter period.
23
(3) An instrument under paragraph (2)(b) is a legislative instrument.
24
Declared subscription television narrowcasting service
25
(4) The Minister may, by writing, declare that a specified subscription
26
television narrowcasting service is a declared subscription
27
television narrowcasting service for the purposes of this clause.
28
(5) The Minister must not make a declaration under subclause (4) in
29
relation to a subscription television narrowcasting service unless
30
the Minister is satisfied that the total number of hours of R 18+
31
programs broadcast by the service during a particular declaration
32
Schedule 1 R 18+ programs
6 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
test period exceeds 35% of the total number of hours of programs
1
broadcast by the service during that period. For this purpose, a
2
declaration test period is a 7-day period that occurs within the
3
21-day period that ends at the end of the day before the day on
4
which the Minister makes the declaration.
5
(6) A declaration test period must not begin before the commencement
6
of this clause.
7
(7) A declaration under subclause (4) is not a legislative instrument.
8
(8) A copy of a declaration under subclause (4) is to be published in
9
the Gazette.
10
(9) If a declaration is in force under subclause (4) in relation to a
11
subscription television narrowcasting service, the Minister may, by
12
writing, revoke the declaration.
13
(10) The Minister must not revoke a declaration made under
14
subclause (4) unless the Minister is satisfied that the total number
15
of hours of R 18+ programs broadcast by the service during a
16
particular revocation test period is:
17
(a) zero; or
18
(b) equal to or less than 35% of the total number of hours of
19
programs broadcast by the service during that period.
20
For this purpose, a revocation test period is a 7-day period that
21
occurs within the 21-day period that ends at the end of the day
22
before the day on which the Minister revokes the declaration.
23
(11) A revocation under subclause (9) is not a legislative instrument.
24
(12) A copy of a revocation under subclause (9) is to be published in the
25
Gazette.
26
(13) Subclause (9) does not limit the application of subsection 33(3) of
27
the Acts Interpretation Act 1901 to other instruments under this
28
Act.
29
(14) For the purposes of subclauses (5) and (10), ignore the following:
30
(a) advertising or sponsorship material (whether or not of a
31
commercial kind);
32
(b) a promotion for a television program or a subscription
33
television narrowcasting service;
34
R 18+ programs Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 7
(c) community information material or community promotional
1
material;
2
(d) a news break or weather bulletin;
3
(e) any other similar material.
4
Minister may direct ACMA to make available specified information
5
(15) The Minister may give the ACMA a written direction requiring the
6
ACMA to make available specified information for the purposes of
7
facilitating the exercise of a power conferred on the Minister by
8
this clause.
9
(16) The ACMA must comply with a direction under subclause (15).
10
Definitions
11
(17) In this clause:
12
declared prescribed area has the same meaning as in the Northern
13
Territory National Emergency Response Act 2007.
14
R 18+ program means:
15
(a) a program that has been classified R 18+ by the
16
Classification Board; or
17
(b) a program that has been classified R 18+ by the provider of
18
the subscription television narrowcasting service concerned;
19
and includes a part of a program covered by paragraph (a) or (b).
20
13 Some Northern Territory laws excluded
21
(1) The following provisions:
22
(a) clause 12;
23
(b) the remaining provisions of this Act in so far as they relate to
24
clause 12;
25
are intended to apply to the exclusion of a law of the Northern
26
Territory that deals with discrimination so far as that law would
27
otherwise apply.
28
(2) Any acts done under or for the purposes of the provisions of:
29
(a) clause 12; or
30
(b) the remaining provisions of this Act in so far as they relate to
31
clause 12;
32
Schedule 1 R 18+ programs
8 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
have effect despite any law of the Northern Territory that deals
1
with discrimination.
2
(3) However, subclauses (1) and (2) do not apply to a law of the
3
Northern Territory so far as the Minister determines, by legislative
4
instrument, that the law is a law to which subclauses (1) and (2) do
5
not apply.
6
(4) In this clause, a reference to any acts done includes a reference to
7
any failure to do an act.
8
14 Northern Territory (Self-Government) Act
9
Section 49 of the Northern Territory (Self-Government) Act 1978
10
does not apply in relation to the following provisions:
11
(a) clause 12;
12
(b) the remaining provisions of this Act in so far as they relate to
13
clause 12.
14
11 At the end of subclause 24(4) of Schedule 6
15
Add:
16
; and (f) subclauses 5(3A), (3B), (3C), (3D) and (10) of Schedule 2
17
had not been enacted.
18
Northern Territory National Emergency Response Act 2007
19
12 Section 3
20
Insert:
21
child means a person who is under 18 years of age.
22
13 Section 3
23
Insert:
24
declared prescribed area has the meaning given by section 127B.
25
14 Section 3
26
Insert:
27
R 18+ program has the same meaning as in clause 12 of
28
Schedule 2 to the Broadcasting Services Act 1992.
29
R 18+ programs Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 9
15 Section 3
1
Insert:
2
subscription television narrowcasting service has the same
3
meaning as in the Broadcasting Services Act 1992.
4
16 After Part 7
5
Insert:
6
Part 7A--R 18+ programs
7
8
127A Objects
9
(1) The object of this Part is to define the expression declared
10
prescribed area. That expression is used in clause 12 of Schedule 2
11
to the Broadcasting Services Act 1992.
12
(2) The object of this Part, when read together with clause 12 of
13
Schedule 2 to the Broadcasting Services Act 1992, is to enable
14
special measures to be taken to protect communities from violence
15
and sexual abuse.
16
Note 1:
Under subclause 12(1) of Schedule 2 to the Broadcasting Services Act
17
1992, the provision by a person of a declared subscription television
18
narrowcasting service under a class licence is subject to the condition
19
that the licensee will not provide the service in a way that will enable
20
a subscriber in a declared prescribed area to receive the service.
21
Note 2:
Clause 12 of Schedule 2 to the Broadcasting Services Act 1992
22
provides for the declaration of a subscription television narrowcasting
23
service as a declared subscription television narrowcasting service if
24
the total number of hours of R 18+ programs provided by the service
25
exceeds 35% of the total number of hours of programs provided by the
26
service.
27
127B Declared prescribed area
28
(1) The Minister may, by legislative instrument, determine that a
29
specified prescribed area is a declared prescribed area for the
30
purposes of this Act.
31
(2) The Minister must not make a determination under subsection (1)
32
in relation to a prescribed area unless the Minister is requested to
33
do so by a person living in the prescribed area.
34
Schedule 1 R 18+ programs
10 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
127C Community consultation
1
(1) Before making a determination under subsection 127B(1) in
2
relation to a prescribed area, the Minister must ensure that:
3
(a) information setting out:
4
(i) the proposal to make the determination; and
5
(ii) an explanation, in summary form, of the consequences
6
of the making of the determination;
7
has been made available in the prescribed area; and
8
(b) opportunities have been made available to people in the
9
prescribed area to discuss:
10
(i) the proposal to make the determination; and
11
(ii) the consequences of the making of the determination;
12
with employees or officers of the Commonwealth; and
13
(c) opportunities have been made available to people in the
14
prescribed area to discuss their circumstances, concerns and
15
views with employees or officers of the Commonwealth.
16
(2) A contravention of subsection (1) does not affect the validity of a
17
determination under subsection 127B(1).
18
127D Criteria for making a determination
19
In making a determination under subsection 127B(1) in relation to
20
a prescribed area, the Minister must have regard to the following
21
matters:
22
(a) the well-being of people living in the prescribed area;
23
(b) whether there is reason to believe that people living in the
24
prescribed area have been the victims of violence or sexual
25
abuse during the preceding 12 months;
26
(c) the extent to which people living in the prescribed area have,
27
during the preceding 12 months, expressed their concerns
28
about being at risk of violence or sexual abuse;
29
(d) whether there is reason to believe that children living in the
30
prescribed area have viewed R 18+ programs provided on a
31
subscription television narrowcasting service during the
32
preceding 12 months;
33
(e) the extent to which people (in particular, women and
34
children) living in the prescribed area have, during the
35
preceding 12 months, expressed the view that their
36
R 18+ programs Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 11
well-being will be improved if R 18+ programs are not
1
provided on subscription television narrowcasting services
2
that are capable of being received in the prescribed area;
3
(f) such other matters (if any) as the Minister considers relevant.
4
127E Duration of determination etc.
5
(1) A determination under subsection 127B(1) comes into force at:
6
(a) if:
7
(i) a day is specified in the determination for the purposes
8
of the commencement of the determination; and
9
(ii) the specified day is not later than the 35th day after the
10
determination was made;
11
the first moment of the specified day; or
12
(b) in any other case--the first moment of the day next following
13
the day when the determination is registered under the
14
Legislative Instruments Act 2003.
15
(2) A determination under subsection 127B(1) must specify an expiry
16
date for the determination.
17
(3) An expiry date must occur in the 12-month period beginning when
18
the determination came into force.
19
(4) Subsection (3) has effect subject to subsection (5).
20
Extension of expiry date
21
(5) The Minister may, by legislative instrument, extend or further
22
extend the expiry date of a specified determination made under
23
subsection 127B(1), so long as the extension or further extension is
24
for a period of not more than 12 months.
25
Duration of determination
26
(6) Unless sooner revoked, a determination under subsection 127B(1)
27
ceases to be in force on the expiry date of the determination.
28
Fresh determination
29
(7) If a determination under subsection 127B(1) expires, this Act does
30
not prevent the Minister from making a fresh determination under
31
Schedule 1 R 18+ programs
12 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
subsection 127B(1) relating to the same prescribed area as the
1
expired determination.
2
127F Revocation of determination
3
(1) If a determination is in force under subsection 127B(1), the
4
Minister may, by legislative instrument, revoke the determination.
5
(2) Subsection (1) does not limit the application of subsection 33(3) of
6
the Acts Interpretation Act 1901 to other instruments under this
7
Act.
8
17 Subsections 132(1) and (2)
9
After "this Act", insert "(other than Part 7A)".
10
11
Transport of prohibited material Schedule 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 13
1
Schedule 2
--
Transport of prohibited material
2
3
Classification (Publications, Films and Computer Games)
4
Act 1995
5
1 Section 101
6
Before "A", insert "(1)".
7
2 At the end of section 101
8
Add:
9
(2) Subsection (1) does not apply if the person proves that the material
10
was brought into the prescribed area for the sole purpose of
11
transporting it to a place outside the prescribed area.
12
Note:
A defendant bears a legal burden in relation to the matter in
13
subsection (2)--see section 13.4 of the Criminal Code.
14
3 Section 102
15
Before "A", insert "(1)".
16
4 At the end of section 102
17
Add:
18
(2) Subsection (1) does not apply if the person proves that the material
19
was brought into the prescribed area for the sole purpose of
20
transporting it to a place outside the prescribed area.
21
Note:
A defendant bears a legal burden in relation to the matter in
22
subsection (2)--see section 13.4 of the Criminal Code.
23
5 Before subsection 103(3)
24
Insert:
25
(2A) Subsections (1) and (2) do not apply if the person proves that the
26
supply, or intended supply, was for the sole purpose of transporting
27
the material to a place outside the prescribed area.
28
Note:
A defendant bears a legal burden in relation to the matter in
29
subsection (2A)--see section 13.4 of the Criminal Code.
30
6 Paragraph 106(b)
31
Schedule 2 Transport of prohibited material
14 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
Repeal the paragraph, substitute:
1
(b) the officer suspects on reasonable grounds that the material:
2
(i) is prohibited material; and
3
(ii) was not brought into the prescribed area for the sole
4
purpose of transporting it to a place outside the
5
prescribed area;
6
7 Paragraph 108(3)(b)
7
Repeal the paragraph, substitute:
8
(b) the responsible officer is satisfied, on reasonable grounds,
9
that the material:
10
(i) is not prohibited material; or
11
(ii) was brought into the prescribed area for the sole
12
purpose of transporting it to a place outside the
13
prescribed area;
14
8 Subsection 109(3)
15
Repeal the subsection, substitute:
16
(3) If the magistrate is satisfied that the material:
17
(a) is not prohibited material; or
18
(b) was brought into the prescribed area for the sole purpose of
19
transporting it to a place outside the prescribed area;
20
the magistrate must order that the material is to be returned.
21
Otherwise the magistrate must refuse to make the order.
22
23
Access to Aboriginal land Schedule 3
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 15
1
Schedule 3
--
Access to Aboriginal land
2
3
Aboriginal Land Rights (Northern Territory) Act 1976
4
1 Subsection 70(2BB)
5
Repeal the subsection, substitute:
6
(2BB) The Minister may, by writing, authorise a specified person, or any
7
person included in a specified class of persons, to enter or remain
8
on:
9
(a) all Aboriginal land; or
10
(b) particular Aboriginal land (which may be community land).
11
Note:
See section 70A for the definition of community land.
12
(2BBA) An authorisation under subsection (2BB) is subject to any
13
conditions specified in the authorisation.
14
2 Transitional
--
existing authorisations
15
An authorisation in force under subsection 70(2BB) of the Aboriginal
16
Land Rights (Northern Territory) Act 1976 immediately before the
17
commencement of this item has effect, after that commencement, as if it
18
had been granted under that subsection after that commencement.
19
3 Subsections 70(2D) and (2E)
20
Repeal the subsections.
21
4 Subsection 70A(1)
22
Repeal the subsection.
23
Note:
The heading to section 70A is replaced by the heading "Community land".
24
5 Subsection 70A(2)
25
Omit "sections 70B to 70F", substitute "section 70".
26
Note:
The heading to subsection 70A(2) is deleted.
27
6 Sections 70B to 70H
28
Repeal the sections.
29
7 Paragraph 73(1)(ba)
30
Schedule 3 Access to Aboriginal land
16 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008
Repeal the paragraph.
1
8 Section 74AA
2
Repeal the section.
3
Northern Territory National Emergency Response Act 2007
4
9 Subsection 35(1)
5
Omit "of this Act or sections 70C to 70G of the Aboriginal Land Rights
6
(Northern Territory) Act 1976".
7
8
Community stores Schedule 4
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill 2008 No. , 2008 17
1
Schedule 4
--
Community stores
2
3
Northern Territory National Emergency Response Act 2007
4
1 Paragraph 92(2)(b)
5
After "roadhouse", insert ", unless a community is substantially
6
dependent upon the roadhouse for the provision of grocery items and
7
drinks".
8

 

[Index] [Search] [Download] [Related Items] [Help]