BILLS DIGEST NO. 122, 2017–18
PDF version [273KB]
Paula Pyburne
Law and Bills Digest Section
19
June 2018
Contents
Purpose of
the Bill
Structure of
the Bill
Background
Committee
consideration
Policy
position of non-government parties/independents
Position of
major interest groups
Financial
implications
Statement of
Compatibility with Human Rights
Schedule 1—key
issues and provisions
Other
provisions
Schedule
2—key issues and provisions
Date introduced: 6
December 2017
House: The Senate
Portfolio: Communications
and the Arts
Commencement: the day
after Royal Assent.
Links: The links to the Bill,
its Explanatory Memorandum and second reading speech can be found on the
Bill’s home page, or through the Australian
Parliament website.
When Bills have been passed and have received Royal Assent, they
become Acts, which can be found at the Federal
Register of Legislation website.
All hyperlinks in this Bills Digest are correct as at
June 2018.
Purpose of
the Bill
The purpose of the Broadcasting Legislation Amendment
(Foreign Media Ownership and Community Radio) Bill 2017 (the Bill) is to put
in place two measures:
-
to establish the Register of Foreign Owners of Media Assets (the
Register) to be overseen and administered by the Australian Communications and
Media Authority (ACMA) and
-
to adjust the criteria against which licence applications and renewals
are assessed to match community expectations of their local community radio
services.
Structure
of the Bill
The Bill has two Schedules:
- Schedule
1 amends the Broadcasting
Services Act 1992 by inserting a new Division into Part 5 which will
establish the Register of Foreign Owners of Media Assets (the Register) and the
rules that govern it. In addition there is a minor consequential amendment to
the Australian
Communications and Media Authority Act 2005 (ACMA Act)
- Schedule
2 amends Part 6 of the Broadcasting Services Act so that when
determining whether to allocate a community radio broadcasting licence, ACMA
must have regard to whether the service would provide material of local
significance.
Background
In May 2017, the Government announced a comprehensive package
of reforms to ‘improve the sustainability of Australia’s free-to-air
broadcasting sector, support the creation of high quality Australian content
and modernise broadcasting and content regulation’.[1]
The measures included:
- abolishing
broadcasting licence fees and datacasting charges
- applying
a fee for the spectrum that broadcasters use at a level more reflective of the
current media landscape
- further
restrictions on gambling advertising in live sporting events across all
platforms
- amending
the anti-siphoning scheme and list
- repealing
the two out of three and 75% audience reach media ownership rules
- a
broad ranging and comprehensive review of Australian and children’s content and
- funding
to support the broadcasting of women’s and niche sports.[2]
Accordingly, the Government introduced Bills to enact the
proposed reforms into the House of Representatives on 15 June 2017.[3]
Whilst the relevant Bills were passed by the House of Representatives without
delay, they were the subject of considerable debate in the Senate; and the
Government entered into a number of agreements with members of minor parties to
ensure their passage.
In particular, in August 2017, Minister for
Communications, Senator Mitch Fifield, announced that One Nation would support the
package in return for the Government implementing and introducing legislation
to give effect to:
- a
public register of foreign-owned media assets
- the
proposals of Senator Bridget McKenzie to enhance the ABC's focus on rural and
regional Australia
- a
range of enhanced transparency measures for the public broadcasters and
- a
community radio package.[4]
The Bill gives effect to two of the measures in the
agreement between One Nation and the Government to enact the Broadcasting
Legislation Amendment (Broadcasting Reform) Act 2017.[5]
According to One Nation Senator, Pauline Hanson:
Australians have seen too many iconic assets and too much
land in the hands of foreign ownership. Most of the time we are treated like
mushrooms and told by our leaders that it is in our best interests to privatise
and sell to foreign investment because of the money it brings into the country.
The truth is that successive governments have failed to balance the budget. One
Nation will not stand by and continue to see this happen. If we can't stop it,
at least we will know who is buying us up. We are asking for a register of
foreign ownership interests in regulated media assets—be it associated
newspapers, commercial television broadcasting licences or commercial radio
broadcasting licences. Under the proposal, foreign persons, as defined in the Foreign
Acquisitions and Takeovers Act 1975, would be required to disclose holdings
of 2.5 per cent or higher of these regulated media assets. Any foreign bid of
five per cent or more will still have to go to the Foreign Investment Review
Board for approval.[6]
Committee
consideration
Senate Standing Committee for Selection
of Bills
At its meeting of 7 February 2018, the Senate Standing
Committee for Selection of Bills determined that the Bill would not be referred
to Committee for inquiry and report.[7]
Senate Standing Committee for the
Scrutiny of Bills
The Senate Standing Committee for Scrutiny of Bills
(Scrutiny of Bills Committee) commented on the Bill in its report of 7 February
2018.[8]
The relevant comments are canvassed under the heading ‘Key issues and
provisions’ below.
Policy
position of non-government parties/independents
At the time of writing this Bills Digest no comment in
relation to the Bill had been made by non-government parties or independents.
Position of
major interest groups
At the time of writing this Bills Digest there had been no
comment from stakeholders in relation to the Bill.
Financial
implications
According to the Explanatory Memorandum, the measures in
the Bill will have no financial impact.[9]
Statement of Compatibility with Human Rights
As required under Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011 (Cth),
the Government has assessed the Bill’s compatibility with the human rights and
freedoms recognised or declared in the international instruments listed in
section 3 of that Act. The Government considers that the Bill is compatible.[10]
Parliamentary Joint Committee on
Human Rights
The Parliamentary Joint Committee on Human Rights (Human
Rights Committee) commented on the Bill in its report of 6 February 2018.[11]
The relevant comments are canvassed under the heading ‘Key issues and
provisions’ below.
Schedule
1—key issues and provisions
ACMA maintains the Register
Item 5 of Schedule 1 to the Bill amends the Broadcasting
Services Act to insert proposed Division 10A—Register of Foreign Owners
of Media Assets into Part 5 of that Act. New Division 10A establishes the
Register of Foreign Owners of Media Assets (the Register) and details the
information which is to be recorded in the Register. ACMA is empowered to
maintain the Register.[12]
The regulation impact statement notes that there is no
framework which ‘explicitly collates and discloses the levels and sources of
foreign investment in the Australian media’.[13]
The Government considered a number of options including whether to establish a
Register, how that would be implemented and any costs that would likely be
incurred by the establishment of a Register.
The Government’s preferred option, as reflected in the
Bill, was to implement a register via the Broadcasting Services Act, to
require disclosure of interests in regulated media companies in excess of two
and a half per cent and for foreign persons to report annually or when their
status changes. This framework is ‘expected to result in the highest likely net
benefit’.[14]
Relevant definitions
Proposed section 74B contains the definitions which
are relevant to the operation of new Division 10A of Part 5 of the Broadcasting
Services Act. In particular, an Australian media company is
any of the following:
- a
company that holds either a commercial television broadcasting licence or a
commercial radio broadcasting licence[15]
or
- a
company that is the publisher of a newspaper that is associated with the
licence area of a commercial television broadcasting licence or a commercial
radio broadcasting licence and is a constitutional corporation.
In addition proposed section 74C of the Broadcasting
Services Act defines a foreign stakeholder of a company as a
foreign person who has company interests in an Australian media company of 2.5%
or more.[16]
The Bill also imports a number of definitions which are
currently contained in the Foreign
Acquisitions and Takeovers Act 1975 (FATA) into the Broadcasting
Services Act. For instance, the meaning of the term foreign person is the
same as in the FATA. Section 4 of the FATA provides that foreign
person means any of the following:
- an
individual not ordinarily resident in Australia
- a
corporation in which an individual not ordinarily resident in Australia, a
foreign corporation or a foreign government holds a substantial interest[17]
- a
corporation in which two or more persons, each of whom is an individual not
ordinarily resident in Australia, a foreign corporation or a foreign
government, hold an aggregate substantial interest
- the
trustee of a trust in which an individual not ordinarily resident in Australia,
a foreign corporation or a foreign government holds a substantial interest
- the
trustee of a trust in which two or more persons, each of whom is an individual
not ordinarily resident in Australia, a foreign corporation or a foreign
government, hold an aggregate substantial interest
- a
foreign government or
- any
other person, or any other person that meets the conditions, prescribed by the
regulations.
Information included on the
Register
Under proposed section 74E of the Broadcasting
Services Act the Register must set out for each Australian media
company the following information about each foreign stakeholder:
- the
name of the foreign stakeholder[18]
- the
foreign stakeholder’s company interests in the company and the method used to
determine those company interests[19]
- the
reason why the foreign stakeholder is a foreign person[20]
- the
country in which the foreign stakeholder who is an individual is ordinarily
resident or, in the case of a corporation, the country in which the corporation
was formed[21]
- the
name of the trust of which the foreign stakeholder is a trustee and the country
in which it was established[22]
- if
the foreign stakeholder is a foreign government investor as
defined in section 17 of the Foreign Acquisitions
and Takeovers Regulation 2015, the identity of the foreign government, foreign
country or the part of the foreign country, as the case may be.[23]
Notification requirements
The Bill requires that the ACMA be
notified of specified information in specified circumstances. To that end the
Bill introduces the term designated information.[24]
In addition to the information which is to be published
on the Register which is outlined above, designated information includes
the person’s date of birth (if the person is an individual)[25]
and their address, email address (if any) and telephone number (if any).[26]
If a person who was not a foreign stakeholder in a
particular Australian media company becomes a foreign stakeholder in the
company at a particular time, the person must provide the ACMA in writing with:
- the
person’s name[27]
- information
about the foreign stakeholder that is to be included on the Register (as above)[28]
- the
designated information relating to the person[29]
and
- such
other information (if any) relating to the person as is specified in a
legislative instrument that the ACMA may have made.[30]
Proposed sections 74H and 74J of the Broadcasting
Services Act contain an equivalent requirement for end of financial year
reporting and reporting within the initial disclosure period
respectively.[31]
In addition, proposed section 74G of the Broadcasting Services Act
requires a person who has ceased to be a foreign stakeholder in an Australian
media company to notify the ACMA of the cessation and the circumstances that
resulted in the cessation.
Human Rights Committee comments
The Human Rights Committee noted that the Bill requires the
provision of information by, and authorises the use and disclosure of certain
information about individuals (including personal information) for inclusion on
the Register.[32]
Of particular concern to the Human Rights Committee was:
- the
broad power for the ACMA to specify by legislative instrument additional
information that foreign stakeholders must provide and
- the
lack of clarity about what safeguards are in place relating to the access,
storage and disclosure of any personal or confidential information that is
notified to the ACMA but not disclosed on the Register, such as a person's date
of birth.
Accordingly, the Human Rights Committee sought the advice of
the Minister as to whether the limitation on the right to privacy is
proportionate to the stated objective of the measure.
The Minister’s response advised that the power to specify additional
information by legislative instrument is a 'reserve power' that would 'be used
in exceptional circumstances only, if at all', and that 'there is no intention
that this reserve power would be used to collect personal information'.[33]
The Minister also expects ACMA to consult with the office of the Australian Information
Commissioner before making any legislative instrument.[34]
The Minister’s response also provided information on safeguards
for the information collected but not disclosed on the Register. The Minister
noted that ACMA is bound by the Privacy Act 1988
and the Australian Privacy Principles (APPs). The Minister highlighted that the
APPs:
... require the ACMA to take such steps as are reasonable in the
circumstances to protect information from misuse, interference and loss, and
from unauthorised access, modification or disclosure. In a practical sense, I
expect that the ACMA will ensure that access to any personal or commercially
sensitive information that it collects will only be accessible by those people
performing the administration of the Register and on a strictly 'need to know'
basis. I also expect that it will implement robust measures to prevent privacy
breaches, which may include the establishment of firewalls, network
segmentation, role-based access controls, physical security, and auditing and
training of its personnel. [35]
Based on the Minister’s advice, the Human Rights Committee
concluded:
... subject to the content of any further legislative
instrument, it is likely that the measures will be a proportionate limitation
on the right to privacy. The Committee will consider the human rights compatibility
of any legislative instrument prescribing additional information that can be
collected when it is received.[36]
Civil penalty provisions
The required notification must be made in writing to the
ACMA within 30 days.[37]
The Bill provides that the requirement to notify the ACMA
is a civil penalty provision[38]
and that a person who fails to comply with the requirement commits a separate
contravention in respect of each day during which the contravention continues.[39]
Importantly, section 205E of the Broadcasting Services Act creates an
ancillary contravention where, for instance, a person attempts to contravene a
civil penalty provision or a person aids, abets, counsels or procures a
contravention of a civil penalty provision.[40]
The ACMA may apply to the Federal Court for a civil
penalty order.[41]
Where the Court is satisfied that a person has contravened a civil penalty
provision, it may order the person to pay the Commonwealth a pecuniary penalty.
In determining the pecuniary penalty, the Federal Court must have regard to:
- the
nature and extent of the contravention and the circumstances in which it took
place
- the
nature and extent of any loss or damage suffered as a result of the
contravention and
- whether
the person has previously been found by a court in proceedings under the Broadcasting
Services Act to have engaged in any similar conduct.[42]
Item 8 of Schedule 1 to the Bill inserts proposed
subsection 205F(5AA) into the Broadcasting Services Act so that the
pecuniary penalty payable for a failure to notify the ACMA (as discussed above)
must not be more than 300 penalty units in the case of a body corporate[43]
and 60 penalty units in the case of a person who is not a body corporate.[44]
Infringement notice provisions
In the alternative, the requirement to notify the ACMA is
a designated infringement notice provision.[45]
Part 14E of the Broadcasting Services Act provides that where an
authorised infringement notice officer has reasonable grounds to believe that a
person has contravened a designated infringement notice provision, the officer
may, in the first instance, give the person a formal written warning that an
infringement notice may be given.[46]
Otherwise, where the authorised infringement notice
officer has reasonable grounds to believe that a person has contravened a
designated infringement notice provision, the officer may give the person an
infringement notice relating to the contravention.[47]
Item 10 of Schedule 1 to the Bill inserts proposed
subsections 205ZA(2) and (3) into the Broadcasting Services Act so
that the penalty to be specified in an infringement notice in accordance with
new Division 10A is equal to 60 penalty units in the case of a body corporate[48]
and 10 penalty units in the case of a person who is not a body corporate.[49]
Scrutiny of Bills Committee
comments
The Scrutiny of Bills Committee noted that item 1 of
Schedule 1 of the Bill amends paragraph 53(2)(k) of the ACMA Act so that
ACMA can delegate to a broad range of persons, including any ACMA staff member
(who may be of any APS level), the power to issue notices under new Division
10A.[50]
The Scrutiny of Bills Committee stated that it:
... has consistently drawn attention to legislation that allows
the delegation of administrative powers to a relatively large class of persons,
with little or no specificity as to their qualifications or attributes.
Generally, the committee prefers to see a limit set either on the scope of
powers that might be delegated, or on the categories of people to whom those
powers might be delegated. The committee's preference is that delegates be
confined to the holders of nominated offices or to members of the Senior
Executive Service. Where broad delegations are provided for, the committee
considers that an explanation of why these are considered necessary should be
included in the explanatory memorandum.
The committee has generally not accepted a desire for
administrative flexibility as a sufficient justification for allowing a broad
delegation of administrative powers to officials at any level.[51]
The Scrutiny of Bills Committee requested further
information from the Minister in relation to this matter and suggested that it
may be appropriate to amend the Bill to ‘confine delegates to the holders of
nominated offices or members of the Senior Executive Service’.[52]
In response the Minister advised:
Although the proposed delegation power would enable the ACMA
to delegate the issuing of notices to officers below the Senior Executive
Service (SES) level, this does not necessarily mean that the ACMA would
exercise the power in such a way... Prior to the commencement of the Register,
the ACMA will have in place procedures that will ensure that only those staff
with appropriate qualifications and experience, and relevant training, are
delegated key functions associated with the administration of the Register. I
am satisfied that, in light of the above safeguards, that amendments to the
proposed delegation powers are not necessary.[53]
The Committee thanked the Minister for his response but
noted that there was nothing in the Bill to restrict the delegation in the
manner set out in the Minister’s response. The Committee maintained its view
that it would be appropriate for the Bill to be amended to restrict the
delegation of notice giving powers under new Division 10A of Part 5 of the
Broadcasting Services Act to people with ‘appropriate qualifications,
attributes or expertise’.[54]
Other
provisions
ACMA may request information
In addition to placing the onus on
a foreign stakeholder in an Australian media company to notify ACMA of the
information described above, the Bill also empowers ACMA to give a foreign stakeholder a written notice
requiring the foreign stakeholder, within a specified timeframe of not less
than 14 days, to inform the ACMA of the foreign stakeholder’s company interests
in the company and the method used to determine them. The ACMA may also request
any other information (if any) relating to the foreign stakeholder which has
been specified in a legislative instrument made by the ACMA.[55]
This is both a civil penalty provision and a designated
infringement notice provision.[56]
Review
The Bill
requires the ACMA to conduct a review of the operation of new Division
10A as soon as practicable after the end of the three‑year period that
begins at the end of the initial disclosure period. The ACMA must
prepare a report of its review and give it to the Minister. The Minister must
cause copies of the report to be tabled in each House of the Parliament within
15 sitting days of that House after the day on which the Minister receives the
report.[57]
Ministerial
direction
The Minister may, by legislative instrument, give the ACMA
a direction about the performance of the functions, or the exercise of the
powers, conferred on the ACMA by new Division 10A. In that case, the ACMA must
comply with a direction.[58]
According to the Explanatory Memorandum to the Bill:
This is intended to be a reserve power. The Minister will not
be able to direct the ACMA in respect of the statutory review the ACMA is
required to undertake in accordance with section 74U.[59]
Schedule
2—key issues and provisions
About community radio
In 1992 there was an expectation embedded in the provisions
of the Broadcasting Services Act that radio broadcasting programming
should cater for the particular needs and interests of the communities in which
stations were situated and that local radio should deal with matters of local
significance.[60]
The House of Representatives Standing Committee on
Communications, Transport and the Arts inquiry into regional radio (the Local
Voices inquiry) of 2001 highlighted the important contribution community
radio made in delivering coverage of news and matters of local significance.
However, it recognised that a combination of technological, economic and
regulatory developments in the commercial broadcasting industry had led to a
situation where many local radio voices had been replaced by an increasing
number of networked, pre-recorded, automated and syndicated programs.[61]
Key provisions
Currently, section 84 of the Broadcasting
Services Act empowers the Minister to give directions to the ACMA to
give priority to a particular community interest or interests, whether
generally or in a particular licence area, in allocating community licences
that are broadcasting services bands licences. Subsection 84(2) sets out those
matters to which the ACMA must have regard in making a decision to grant a community
broadcasting licence to an applicant or group of applicants.
Item 1 of Schedule 2 to the Bill inserts proposed
paragraph 84(2)(ba) into the Broadcasting Services Act so that
the ACMA must also have regard, in the case of a community radio broadcasting
licence, to the extent to which the proposed service or services would provide
material of local significance.
In addition, item 2 of Schedule 2 to the Bill
specifies that material is of local significance if:
- it
is hosted in the licence area of the proposed licence
- it
is produced in the licence area of the proposed licence or
- it
relates to the licence area of the proposed licence.
According to the Explanatory Memorandum to the Bill:
The new criterion in paragraph 84(2)(ba) will also be
relevant to the ACMA’s decisions on the renewal of community radio
broadcasting licences. Section 91(2A) enables the ACMA to refuse to renew a
community licence if, having regard to the matters in paragraphs 84(2)(a) to
(f), it considers that it would not allocate such a licence if it were deciding
whether to allocate the licence to the licensee. [However] the new assessment
criterion would not apply to applications for temporary community broadcasting
licences ... [62] [emphasis
added]
Members, Senators and Parliamentary staff can obtain
further information from the Parliamentary Library on (02) 6277 2500.
[1]. M
Fifield (Minister for Communications), Major
reforms to support Australian broadcasters, media release, 6 May 2017.
[2]. Ibid.,
Further information about the Budget announcement is in R Jolly, Budget
Review 2017–18, Research paper series, 2016–17, Parliamentary Library,
Canberra, 2017, pp. 49–51.
[3]. Specifically,
the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 and the Commercial Broadcasting (Tax) Bill 2017. Parliament of
Australia, ‘Broadcasting
Legislation Amendment (Broadcasting Reform) Bill 2017 homepage’, Australian
Parliament website; Parliament of Australia, ‘Commercial
Broadcasting (Tax) Bill 2017 homepage’, Australian Parliament website.
[4]. M
Fifield (Minister for Communications), One
Nation support for media reform package, media release, 15 August 2017.
[5]. J
McGrath (Assistant Minister to the Prime Minister), ‘Second
reading speech: Broadcasting Legislation Amendment (Foreign Ownership and
Community Radio) Bill 2017’, Senate, Debates, 6 December 2017, p.
9898.
[6]. P
Hanson, ‘Second
reading speech: Broadcasting Legislation Amendment (Broadcasting Reform) Bill
2017’, Senate, Debates, 17 September 2017, pp. 7110–11.
[7]. Senate
Standing Committee for Selection of Bills, Report,
1, 2018, The Senate, Canberra, 8 December 2018.
[8]. Senate
Standing Committee for Scrutiny of Bills, Scrutiny
digest, 1, 2018, The Senate, 7 February 2018, p. 5.
[9]. Explanatory
Memorandum, Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017, p. 3.
[10]. The
Statement of Compatibility with Human Rights can be found at pages 18–22 of the Explanatory Memorandum
to the Bill.
[11]. Parliamentary
Joint Committee on Human Rights, Human
rights scrutiny report, 1, 6 February 2018, pp. 2–6.
[12]. Broadcasting
Services Act, proposed subsection 74D(1).
[13]. Explanatory
Memorandum, Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017, p. 6. There are existing frameworks which require
certain interests to be disclosed, for example, the Foreign
Acquisitions and Takeovers Act 1975 requires investments of more than
five per cent by foreign persons in the Australian media industry to be
assessed with regard to Australia’s national interest. However, the details of
the proposed or actual investments, or the foreign persons involved, are
generally not publicly disclosed.
[14]. Explanatory
Memorandum, Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017, p. 16.
[15]. Broadcasting
Services Act, Part 4.
[16]. Broadcasting
Services Act, section 6 provides that company interests, in
relation to a person who has a shareholding interest, a voting interest, a
dividend interest or a winding-up interest in a company, means the percentage
of that interest or, if the person has two or more of those interests,
whichever of those interests has the greater or greatest percentage.
[17]. A
person holds a ‘substantial interest’ in an entity if the person holds an
interest of at least 20 per cent in the entity: FATA, section 4.
[18]. Broadcasting
Services Act, proposed paragraph 74E(1)(a).
[19]. Broadcasting
Services Act, proposed paragraphs 74E(1)(b) and (c).
[20]. Broadcasting
Services Act, proposed paragraph 74E(1)(d).
[21]. Broadcasting
Services Act, proposed paragraphs 74E(1)(e) and (f).
[22]. Broadcasting
Services Act, proposed paragraph 74E(1)(g).
[23]. Broadcasting
Services Act, proposed paragraphs 74E(1)(h)-(j).
[24]. Broadcasting
Services Act, proposed section 74B.
[25]. Proposed
subparagraph (a)(i) of the definition of designated information.
[26]. Proposed
paragraph (g) of the definition of designated information.
[27]. Broadcasting
Services Act, proposed paragraph 74F(1)(a).
[28]. Broadcasting
Services Act, proposed paragraphs 74F(1)(b)-(e).
[29]. Broadcasting
Services Act, proposed paragraph 74F(1)(f).
[30]. Broadcasting
Services Act, proposed paragraph 74F(1)(f) and proposed subsection 74F(2).
[31]. Broadcasting
Services Act, proposed section 74B defines the initial
disclosure period as the period of six months beginning at the
commencement of new Division 10A.
[32]. Parliamentary
Joint Committee on Human Rights, Human
rights scrutiny report, 1, op. cit., pp. 2–6.
[33]. Parliamentary
Joint Committee on Human Rights, Human
rights scrutiny report, 3, 27 March 2018, p. 142.
[34]. Ibid.
[35]. Ibid.
[36]. Ibid.,
p. 143.
[37]. Broadcasting
Services Act, proposed subsections 74F(1), 74G(1) and 74H(1).
[38]. Broadcasting
Services Act, proposed subsections 74F(3), 74G(2), 74H(3) and 74J(3).
[39]. Broadcasting
Services Act, proposed subsections 74F(4), 74G(3), 74H(4) and 74J(4).
Note that a person is not required to notify the ACMA of the required information
if the information might tend to incriminate the person or expose the person to
a penalty: see Broadcasting Services Act, proposed subsections 74F(6),
74G(5), 74H(6) and 74J(6).
[40]. Broadcasting
Services Act, section 205E.
[41]. Broadcasting
Services Act, subsection 205G(1).
[42]. Broadcasting
Services Act, subsection 205F(3).
[43]. Under
section 4AA of the Crimes
Act 1914, a penalty unit is equivalent to $210. This means the penalty
must not exceed $63,000.
[44]. This
means the penalty must not exceed $12,600.
[45]. Broadcasting
Services Act, proposed subsections 74F(5), 74G(4), 74H(5) and 74J(5).
[46]. Broadcasting
Services Act, section 205XA.
[47]. Broadcasting
Services Act, subsection 205Y(1).
[48]. This
means the penalty is $12,600.
[49]. This
means the penalty is $2,100.
[50]. Senate
Standing Committee for Scrutiny of Bills, Scrutiny
digest, 1, 2018, op. cit.
[51]. Ibid.,
p. 6.
[52]. Ibid.
[53]. Senate
Standing Committee for Scrutiny of Bills, Scrutiny
digest, 3, 2018, The Senate, 21 March 2018, p. 76.
[54]. Ibid.,
p. 77.
[55]. This
means the penalty must not exceed $12,600.
[55]. Broadcasting
Services Act, proposed subsections 74K(1)–(3).
[56]. Broadcasting
Services Act, proposed subsections 74K(4) and (6).
[57]. Broadcasting
Services Act, proposed section 74U.
[58]. Broadcasting
Services Act, proposed section 74N.
[59]. Explanatory
Memorandum, Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017, p. 41.
[60]. RL
Collins (Minister for Transport and Communications), ‘Second
reading speech: Broadcasting Services Bill 1992’, Senate, Debates,
4 June 1992, p. 3599; paragraph 3(g) of the Broadcasting Services
Act (as
enacted) provided that one of the objects of the Act was to ‘encourage providers
of commercial and community broadcasting services to be responsive to the need
for a fair and accurate coverage of matters of public interest and for an
appropriate coverage of matters of local significance’.
[61]. Standing
Committee on Communication, Transport and the Arts, Local
voices: an inquiry into regional radio, House of Representatives,
Canberra, 2001, p. 63.
[62]. Explanatory
Memorandum, Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017, p. 45.
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