Commonwealth of Australia Explanatory Memoranda

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BROADCASTING SERVICES AMENDMENT (REGIONAL COMMERCIAL RADIO) BILL 2012

                              2010-2011-2012


   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                              THE SENATE




BROADCASTING SERVICES AMENDMENT (REGIONAL COMMERCIAL
                    RADIO) BILL 2011




   REVISED SUPPLEMENTARY EXPLANATORY MEMORANDUM




           Amendments to be moved on behalf of the Government




   (Circulated by authority of the Minister for Broadband, Communications
     and the Digital Economy, Senator the Honourable Stephen Conroy)
BROADCASTING SERVICES AMENDMENT (REGIONAL COMMERCIAL
                    RADIO) BILL 2011


                                    OUTLINE

The Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 (the
Bill) would amend various provisions in the Broadcasting Services Act 1992 (the
BSA) that relate to obligations imposed on regional commercial radio broadcasting
licensees in relation to local content, local presence and local news and information.

The measures in the Bill are intended to reduce the regulatory burden on regional
commercial radio broadcasters that results from legislative requirements to maintain
existing levels of local presence, to provide minimum amounts of local content and to
meet minimum service standards for local news and information.

The Government proposes three amendments to the Bill. The first is a technical
amendment to remove a heading. The remaining two amendments would:

   ·   remove the proposed requirement that the Australian Communications and
       Media Authority (ACMA) perform its broadcasting, content and datacasting
       functions, and exercise its powers relating to those functions, in a manner
       consistent with Australia's obligations under the Australia-United States Free
       Trade Agreement (AUSFTA);
   ·   remove proposed modifications to the application of the local content licence
       condition imposed by the ACMA on regional commercial radio broadcasting
       licensees in accordance with subsection 43C(1) of the BSA.

The Australian Government has established an independent review to examine the
policy and regulatory frameworks that apply to the converged media and
communications landscape in Australia. The amendments will allow the Government
to consider Australia's ongoing compliance with AUSFTA requirements alongside
other content related recommendations arising from this wide ranging review.


                   FINANCIAL IMPACT STATEMENT

The amendments are not expected to have any significant impact on Commonwealth
expenditure or revenue.




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                         NOTES ON AMENDMENTS

                                  AMENDMENT (1)

Amendment (1) would omit the heading (which reads "Australian Communications
and Media Authority Act 2005") from above item 1 of Schedule 1 to the Bill. The
substance of item 1 of Schedule 1 to the Bill is dealt with in Amendment (2), below.

                                  AMENDMENT (2)

Amendment (2) would omit item 1 of Schedule 1 to the Bill.

Item 1 of Schedule 1 to the Bill, as originally drafted, proposed to insert a new section
16A into the Australian Communications and Media Authority Act 2005.

The new section 16A would have required the Australian Communications and Media
Authority (ACMA) to perform its broadcasting, content and datacasting functions,
and exercise its powers relating to those functions, in a manner consistent with the
Australia-United States Free Trade Agreement (AUSFTA).

A particular focus of the amendment was to ensure that, in the context of local content
for commercial radio broadcasting licensees, the ACMA acted in a way that was
consistent with the AUSFTA. The content rules in items 10, 11 and 12 of Schedule 1
to the Bill, as originally drafted, are being omitted (see Amendment (3) below) and in
that context item 1 of Schedule 1 is also being removed.

                                  AMENDMENT (3)

Amendment (3) would omit items 10, 11 and 12 of Schedule 1 to the Bill.

Item 10 of Schedule 1 to the Bill, as originally drafted, proposed to repeal and replace
subsections 43C(4) to (4C) of the BSA, which are spent provisions.

The replacement subsections would have modified the application of the local content
licence condition imposed on regional commercial radio broadcasting licensees by the
ACMA in accordance with subsection 43C(1), to the extent that the local content
concerned Australian music.

Items 11 and 12 of Schedule 1 to the Bill, as originally drafted, proposed to insert new
definitions of Australian music and music for the purposes of section 43C.

Items 10, 11 and 12 of Schedule 1 to the Bill are explained in detail in the original
explanatory memorandum (pg 22 - 24).

The Australian Government has established an independent review to examine the
policy and regulatory frameworks that apply to the converged media and
communications landscape in Australia. The amendment will allow the Government
to consider Australia's ongoing compliance with AUSFTA requirements alongside
other content related recommendations arising from this wide ranging review.



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