Cory Bernardi (SA, Australian Conservatives) Share this | Hansard source

I scarcely know what to say. I genuinely thought I was alone in this. I'm always grateful for any support that can be cobbled together in the coalition. In the interests of facilitating the entree of the Senate, I will make some brief comments and then I will seek leave to do something.

Minister, you have basically outlined that you support every single one of these amendments, yet you also indicated that you are not going to vote for them. I find that extraordinary. You have your political reasons for doing it, but I do find it extraordinary. I do recognise and I certainly agree with you that, if we pass these amendments tonight, the commitment which the government has given to One Nation to conduct an inquiry into competitive neutrality would not be incorporated. That would have to be done as an extra—plus the other things that we don't know about. I'm dealing with the known knowns, at the moment. There are the known unknowns, or the unknown knowns—or however Donald Rumsfeld once said it!

I'm heartened by the support from Senator Lambie. I don't agree with all the sentiments that she put forward, but we rarely agree on anything. I don't even agree with all of these amendments, quite frankly, but I have read the standing orders and I'm compelled to vote for them. I want to put that on the record. But please do not refer to these as the 'Bernardi amendments'. This is the Burston-McKenzie amendment package. I am just the conduit, the vessel, through which they have been introduced into the Senate in the most effective and efficient manner that there can possibly be. That is what I seek to do. I seek to streamline government to minimise the bureaucracy and the duplication of it. This, I think, is one of those opportunities where we can demonstrate our commitment to integrity, honesty and transparency. With that, I seek leave of the Senate to also include amendments (1) and (3) on sheet 8253, with the amendment that I have moved already. Then we can perhaps put them as a package, with the concurrence of the Senate.

Leave granted.

I move amendments (1) and (3) on sheet 8253, in addition to amendment (2) on sheet 8253, and seek the support of the Senate:

(1) Clause 2, page 2 (table item 16), omit "Schedule 7", substitute "Schedules 7 and 8".

(3) Page 54, (after line 6), at the end of the Bill, add:

Schedule 8—Australian Broadcasting Corporation and Special Broadcasting Service

Part 1—Australian Broadcasting Corporation Rural and Regional Advisory Council

Australian Broadcasting Corporation Act 1983

1 Subsection 3(1) (paragraph (a) of the definition of Advisory Council )

Repeal the paragraph, substitute:

(a) the Australian Broadcasting Corporation Advisory Council established under paragraph 11(1) (a); or

(aa) the Rural and Regional Advisory Council established under paragraph 11(1) (b); or

2 Subsection 3(1)

Insert:

Rural and Regional Advisory Council means the Rural and Regional Advisory Council established under paragraph 11(1) (b).

3 Subparagraph 6(1 ) ( a ) ( i)

Repeal the subparagraph, substitute:

  (i) broadcasting programs that contribute to a sense of regional and national identity and inform and entertain, and reflect the geographic and cultural diversity of, the Australian community; and

4 At the end of subsection 6(1)

Add:

; and (d) to encourage and promote journalistic excellence in Australia, foster an environment conducive to the promotion of regional journalism and allocate the resources necessary to carry out the Corporation's functions and duties in rural and regional Australia.

5 After subparagraph 6(2 ) ( a ) ( iii)

Insert:

  (iiia) the responsibility of the Corporation to maintain an effective presence across Australia, including throughout rural and regional Australia, consistent with its status as an independent national broadcasting service; and

  (iiib) the responsibility of the Corporation to maintain regular transmissions of local content across a variety of platforms;

6 At the end of paragraph 6(2 ) ( a)

Add:

  (vi) the responsibility of the Corporation as the provider of quality regional services to provide services that transcend commercial objectives so that the Corporation can meets its obligations to regional Australian areas with small populations; and

  (vii) the expectations of communities in regional areas as to the frequency and content of broadcasts; and

7 After subsection 8(2)

Insert:

(2A) Before implementing any policy affecting regional areas the Board must consult:

(a) regional employee stakeholders; and

(b) the Rural and Regional Advisory Council.

Note: Details of the consultations undertaken under this subsection are to be included in the Corporation's annual report (see paragraph 80(ea)).

8 Subsection 8(3)

Omit "subsection (1) or (2)", substitute "subsection (1), (2) or (2A)".

9 Subsection 11(1)

Repeal the subsection, substitute:

(1) The Board must establish:

(a) an Advisory Council under the name Australian Broadcasting Corporation Advisory Council; and

(b) an Advisory Council under the name Rural and Regional Advisory Council.

10 After subsection 11(3)

Insert:

(3A) The functions of the Rural and Regional Advisory Council are:

(a) either on its own initiative or at the request of the Board, to advise the Board on matters relating to:

  (i) the Corporation's broadcasting programs in rural and regional Australia; and

  (ii) other matters relating to rural and regional Australia; and

(b) to conduct a biennial survey of rural and regional audiences relating to community satisfaction with the Corporation's broadcasting in rural and regional areas.

Note: The results of the survey are to be included in the Corporation's annual report (see paragraph 80(i)).

11 After subsection 11(6)

Insert:

(6A) In making appointments to the Rural and Regional Advisory Council, the Board must have regard to the desirability of including in the membership of that Advisory Council representation of individuals who reside in rural or regional Australia.

12 Subsection 11(10)

After "Advisory Council", insert ", or the Rural and Regional Advisory Council,".

13 Subsection 11(12)

After "Advisory Council", insert ", the Rural and Regional Advisory Council".

14 After subsection 12(5AB)

Insert:

(5AC) When appointing Directors referred to in paragraph (1) (b) or (c), the Governor-General must ensure that at least 2 of the Directors reside in regional areas.

15 Subsection 27(2)

Repeal the subsection, substitute:

(2) Subject to subsection (5), the Corporation must:

(a) broadcast daily from each broadcasting service regular sessions of news and information relating to current events within and outside Australia; and

(b) broadcast daily from each radio broadcasting service, at regular intervals, at least 5 radio bulletins that consist solely or primarily of regional or local news between the period:

  (i) beginning at 5 am each day; and

  (ii) ending at 8 pm each day.

16 After section 33

Insert:

34 The Corporation as an employer in regional areas

The Corporation must:

(a) ensure that there are procedures in place to ensure that emergency regional broadcasting events are staffed in accordance with occupational health and industrial safety standards; and

(b) employ a proportion of its employees in regional areas in support of greater per capita investment in rural and regional areas of Australia than population density and commercial aims would otherwise dictate.

17 After paragraph 80(e)

Insert:

(ea) particulars of any consultation undertaken by the Board during the period under subsection 8(2A); and

18 After paragraph 80(g)

Insert:

(h) particulars of any advice received by the Board during the period from the Rural and Regional Advisory Council; and

  (i) if a biennial survey is carried out during the period by the Rural and Regional Advisory Council—the results of the survey; and

19 Paragraph 80(l)

Repeal the paragraph, substitute:

(l) particulars of any significant changes during the period in transmission coverage, or transmission quality, of national broadcasting services provided by the Corporation:

  (i) in Australia generally; and

  (ii) in rural and regional areas; and

(m) particulars of the total number of employees at the end of the period aggregated by:

  (i) location of employment; and

  (ii) type of employment; and

(n) the percentage at the end of the period of the total number of employees that are employed in:

  (i) regional areas; and

  (ii) metropolitan areas;

(o) particulars of the average ratio of individuals employed by the Corporation as journalists to support staff in:

  (i) regional areas; and

  (ii) metropolitan areas; and

(p) particulars of the hours of local, rural and regional news broadcast, aggregated by broadcast area.

Part 2—Australian Broadcasting Corporation Charter and Remuneration

Australian Broadcasting Corporation Act 1983

20 After subsection 6(2)

Insert:

(2A) The Corporation shall take measures to ensure that broadcasting of programs for news and current affairs is fair and balanced.

21 Subsection 6(3)

Omit "under subsection (2)", substitute: "under subsections (2) and (2A)".

22 After section 33

Insert:

33A Reporting of ABC staff remuneration

(1) After 30 June 2018, the Corporation must publish an annual report of employees whose total remuneration exceeds $200,000 per annum.

(2) The report must include the name of employees, whose total remuneration, including salaries, allowances and other benefits paid by the Corporation exceeds $200,000 per annum

(3) The report must not disclose the actual amount paid to employees by the Corporation, but divide employees into classes, by increments of $50,000.

Part 3—Special Broadcasting Service Charter and Remuneration

Special Broadcasting Service Act 1991

23 After subsection 6(2)

Add:

(2A) SBS shall take measures to ensure that broadcasting of programs for news and current affairs is fair and balanced.

24 Subsection 6(3)

Omit "under subsection (2)", substitute: "under subsections (2) and (2A)".

25 After section 55

Insert:

55A Reporting of SBS staff remuneration

(1) After 30 June 2018, the SBS must publish an annual report of employees whose total remuneration exceeds $200,000 per annum.

(2) The report must include the names of employees, whose total remuneration, including salaries, allowances and other benefits paid by SBS exceeds $200,000 per annum.

(3) The report must not disclose the actual amount paid to employees by SBS, but divide employees into classes, by increments of $50,000.

The CHAIR: The question is that item (2) on sheet 8253 and items (1) and (3) on sheet 8253, moved by Senator Bernardi, be agreed to.

Senate adjourned at 2 3 : 02