Barnaby Joyce (Queensland, National Party) Share this | Hansard source

by leave—I move:

(1)    Schedule 1, item 8, page 7 (after line 17), at the end of section 61AB, add:

        (3)    For the purposes of this Division:

             (a)    each entity and any related entity of a commercial radio broadcasting licensee or a commercial television broadcasting licensee is deemed to be worth one point in accordance with section 61AC;

             (b)    related entity in this subsection has the same meaning as in section 26-35 of the Income Tax Assessment Act 1997.

(2)   Schedule 1, item 8, page 10 (after line 7), at the end of section 61AC, add:

        (3)    Despite anything to the contrary in this section, a commercial radio broadcasting licensee or commercial television broadcasting licensee which broadcasts a content of 20% or less comprising comment (where comment includes news, current affairs, issues of public opinion and talkback radio) in any 24 hour period, is deemed to not be worth one point for the purposes of this section.

The concern that is addressed in these amendments is an overarching control of the media by only a couple of interests over a period of time. Obviously one of the key issues is the voices test. I take on board that the minister has said that community radio stations have been extracted from the voices test. It would be handy if other media outlets that are really not as relevant are taken into account as to whether or not they constitute a point for determining a voice. You have to have five voices in metropolitan areas and four in regional areas, but some of these voices are such things—and they may be about to change—as racing stations and music stations. I do not believe they affect the political debate and the expression of opinion in the same way as TV stations and radio stations that have a strong content of talkback. This is about putting a greater control on that, and at least making a more serious statement about what voices are.

We have in the tax act a concise related entity test. We have related entity tests or associated entity tests in this legislation, but I believe the one from the tax act would go further. If we can chase people around looking for money and looking for holes in acts, then that is the one that would have a far greater intent of being able to determine what voices are in this. I believe this amendment goes to the matter of the legislation, but it is basically improving on issues that are there. The reason why we are trying to do that is to protect the democratic process, to protect the fourth estate and to make sure that not so much media outlets—media outlets will always have a role to play—but those who have major shareholdings in media outlets do not attain, on the centralisation of the media, inordinate power that I believe they should not have.

In America they have had problems in radio, where one organisation has ended up controlling such a raft of radio stations they have had to incur divestiture powers, which of course we do not have. This is an attempt at doing it. It is a shame that from the start of the debate, when we could have been dealing with these amendments, we have been filibustered. These amendments are for the strong consideration of the Senate.