Senate debates
Thursday, 4 July 2024
Bills
Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2024; Second Reading
1:25 pm
Sue Lines (President) Share this | Hansard source
The question now is that the bill be read a second time.
Question agreed to.
Bill read a second time.
I will now deal with the Committee of the Whole amendments, starting with the amendments circulated by the Australian Greens. The question is that the amendments on sheets 2612 revised, 2638, 2682 and 2684 be agreed to.
Australian Greens' circulated amendments—
SHEET 2612 REVISED
(1)—Schedule 2, item 4, page 25 (line 19) to page 26 (line 19), omit section 146S, substitute:
146S Simplified outline
- anti-siphoning list
(2)—Schedule 2, item 4, page 26 (after line 26), after the definition of Australia in section 146T, insert:
broadcasting video on demand service has the same meaning as in Part 9E.
comprehensive coverage of an event means coverage via both:
(a) television; and
(b) a broadcasting video on demand service.
(3)—Schedule 2, item 4, page 28 (line 5), omit "televising", substitute "coverage".
(4)—Schedule 2, item 4, page 28 (line 20), omit "televise", substitute "provide comprehensive coverage of".
(5)—Schedule 2, item 4, page 29 (lines 5 to 20), omit the examples, substitute:
Examples: The following are examples of situations in which the Minister might exercise the power to remove an event from the anti-siphoning list:
(a) The national broadcasters and commercial television broadcasting licensees have had a real opportunity to acquire the right to provide comprehensive coverage of an event, but none of them has acquired the right within a reasonable time. The Minister is of the opinion that removing the event from the list is likely to have the effect that the event will receive a greater level of media coverage than if it remained in the list;
(b) A commercial television broadcasting licensee has acquired the right to provide comprehensive coverage of an event, but has failed to provide coverage of the event or has covered only an unreasonably small proportion of the event. The Minister is of the opinion that removing that event, or another event, from the list is likely to have the effect that the removed event will receive a greater level of media coverage than if it remained in the list.
(6)—Schedule 2, item 4, page 29 (line 21), omit the heading to section 146W, substitute "Coverage of events in anti-siphoning list should be provided for free".
(7)—Schedule 2, item 4, page 29 (line 28) to page 30 (line 3), omit subsection 146W(2), substitute:
(2) A media content service provider must not acquire the right to provide coverage of the whole or a part of an event that is included in the anti-siphoning list to end-users in Australia unless:
(a) a national broadcaster has the right to provide comprehensive coverage of the whole or a part of the event; or
(b) both of the following apply:
(i) one or more commercial television broadcasting licensees (other than licensees who hold licences allocated under section 38C or subsection 40(1)) have the right to provide comprehensive coverage of the whole or a part of the event;
(ii) the television broadcasting services of that licensee, or of those licensees, cover a total of more than 50% of the Australian population.
_____
SHEET 2638
(1)—Schedule 1, item 1, page 13 (after line 13), insert:
(1A) Without limiting subsection (1), the regulations must prescribe (the minimum prominence requirements) that:
(a) an application, or applications, designed for the purpose of providing access to broadcasting video on demand services provided by the Australian Broadcasting Corporation must be displayed on the primary user interface of a regulated television device; and
(b) a button, or buttons, designed for the purpose of providing directaccess to broadcasting video on demand services provided by the Australian Broadcasting Corporation must be included on the remote control (if any) for the device.
Note: ABC iView is a broadcasting video on demand service provided by the Australian Broadcasting Corporation.
_____
SHEET 2682
(1)—Clause 2, page 2 (at the end of the table), add:
(2)—Page 36 (after line 3), at the end of the bill, add:
Schedule 3 — Codes of practice for broadcasting video on demand services
Broadcasting Services Act 1992
1 After section 123
Insert:
123A Codes of practice to apply to broadcasting video on demand services
(1) Despite anything else in this Act or instruments made under this Act, the following codes of practice are applicable to broadcasting video on demand services:
(a) for a broadcasting video on demand service provided by a commercial television broadcasting licensee—the Commercial Television Industry Code of Practice;
(b) for a broadcasting video on demand service provided by a community television broadcasting licensee—the Community Television Broadcasting Codes of Practice;
(c) for a broadcasting video on demand service provided by the Australian Broadcasting Corporation—a code of practice mentioned in paragraph 8(1)(e) of the Australian Broadcasting Corporation Act 1983;
(d) for a broadcasting video on demand service provided by the Special Broadcasting Service Corporation—a code of practice mentioned in paragraph 10(1)(j) of the Special Broadcasting Services Act 1991.
(2) For the purposes of this section:
broadcasting video on demand service has the same meaning as in Part 9E.
_____
SHEET 2684
(1)—Schedule 1, item 1, page 17 (line 18), omit "18 months", substitute "6 months".
(2)—Schedule 1, item 24, page 24 (line 7), omit "18 months", substitute "6 months".
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