Michelle Rowland (Greenway, Australian Labor Party, Minister for Communications) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill and, by leave, I move government amendments (1) to (14) as circulated together:

(1) Schedule 1, item 1, page 3 (line 13), after "Broadcasting Services Act 1992", insert ", the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991".

(2) Schedule 1, item 3, page 4 (line 4), after "Broadcasting Services Act 1992", insert ", the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991".

(3) Schedule 2, heading to Part 4, page 25 (lines 1 to 2), omit "the Broadcasting Services Act 1992", substitute "certain other Acts".

(4) Schedule 2, item 8, page 25 (line 10), after "Broadcasting Services Act 1992", insert ", the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991".

(5) Schedule 2, item 10, page 25 (line 23), after "Broadcasting Services Act 1992", insert ", the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991".

(6) Schedule 2, item 11, page 26 (lines 1 to 2), omit "the Broadcasting Services Act 1992", substitute "certain other Acts".

(7) Schedule 2, item 11, page 26 (lines 3 to 4), omit "the Broadcasting Services Act 1992", substitute "certain other Acts".

(8) Schedule 2, item 11, page 26 (line 8), after "Act 1992", insert ", the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991".

(9) Schedule 2, item 11, page 26 (line 12), after "Act 1992,", insert "the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991,".

(10) Schedule 2, item 11, page 26 (line 19), omit "Broadcasting Services Act 1992", substitute "the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991".

(11) Schedule 2, item 11, page 26 (after line 26), after paragraph 6HA(3)(a), insert:

(aa) if the post-classification publisher is the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation—at the time the post-classification publisher proposes to publish the film; or

(12) Schedule 2, item 11, page 26 (line 27), omit "if the post-classification publisher is not such an entity", substitute "otherwise".

(13) Schedule 2, item 11, page 27 (line 4), after "Broadcasting Services Act 1992", insert ", the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991".

(14) Schedule 2, item 13, page 27 (line 28), after "Broadcasting Services Act 1992", insert ", the Australian Broadcasting Corporation Act 1983 orthe Special Broadcasting Service Act 1991".

The amendments clarify the drafting of the bill as it relates to the ABC and SBS. The bill currently provides that content classified under the relevant provisions in the Broadcasting Services Act will be deemed as also classified under the classification act. The amendments will ensure that the ABC and SBS are also eligible for these deeming provisions. These deeming provisions support a 'classify once' principle where content that has been classified using almost identical criteria based on the guidelines for classification of films under the classification act and has not been modified does not require classification again for distribution in another format. This was one of the key recommendations from the 2020 Stevens review of Australian classification regulation and supports the government's objective of making it easier for industry to comply with regulatory requirements under the classification act.

The government appreciates the productive and constructive engagement from stakeholders and across the chamber.

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