Richard Colbeck (Tasmania, Liberal Party, Minister for Senior Australians and Aged Care Services) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

The Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021 (the Bill) includes a range of five measures to reduce regulatory burden, reform outdated regulations that are no longer fit for purpose and enable Australia's media industry to continue to provide services and content valued by audiences across the country.

New Eligible Drama Expenditure measures

Schedule 1 to the Bill proposes to amend the Broadcasting Services Act 1992 (the BSA) to reduce the expenditure required by subscription broadcast channel providers and licensees on new eligible drama expenditure from 10 per cent to 5 per cent.

These amendments will reduce the regulatory burden on channel providers and licensees, and form part of a broader set of reforms to the regulation of Australian content announced by this Government on 30 September 2020. These reforms include measures to: modernise Australian content rules for commercial free-to-air broadcasters (including simplifying and reducing obligations); and provide greater support for the production and distribution of Australian content, particularly in drama, documentary and children's content.

The changes to the drama expenditure requirement for subscription broadcasters included in the Bill reform unsustainable obligations on our industry and create a more consistent regulatory framework. They are part of a package of measures that will enable Australians to continue to have access to Australian content across a range of mediums, regardless of whether they prefer to watch free-to-air television, subscription television or streaming services.

Subscription TV captioning

The Bill proposes allowing future rules for subscription television (STV) captioning to be made via Ministerial instrument. The captioning rules for subscription television captioning are very complex. There is limited transparency for consumers in the level of captioning on different STV channels.

The current exemption and application processes mean that captioning targets can be altered during the year and even during the annual reporting process. Exemptions are not based on objective criteria so there is no transparency as to why some services are exempt and some are not.

The application process for exemptions is onerous for licensees and the Australian Communications and Media Authority (ACMA). The STV industry, the ACMA and consumer groups support a simplified and more transparent framework for STV captioning.

The proposed instrument to govern future subscription TV captioning requirements will be a disallowable instrument and the existing legislation would not lapse until the disallowance period passes.

Grandfathering

The Bill proposes enabling a retrospective application of grandfathering powers to protect radio broadcasters from potential breaches when ACMA makes a population determination under section 30 of the BSA.

The proposal also includes a sunsetting provision of five years for the application of these amended grandfathering powers. This clearly signals to licensees the Government's commitment to review the state of the market and their provision of services in relation to these provisions.

These proposed arrangements will support broadcasters in meeting their requirements while balancing net population movements that affect licence population areas (as per section 30 determinations) and having regard to market conditions supporting competition and low barriers for new licensees.

Other Measures

The Bill also proposes to make two minor amendments to ensure that the provisions for the broadcasting industry remains current.

The first amendment proposed is to remove a redundant requirement for digital radio planning in the Radiocommunications Act 1992. Digital radio could previously be provided in different parts of the spectrum but now the standard has now been reduced to one. There is, therefore, no requirement for planning within a licence area to ensure that all channels are within the same spectrum band.

The second amendment proposed is to add an additional timeframe to that currently provided for the Regional and Small Publishers Innovation (RASPI) program to enable funding delayed by the COVID-19 pandemic to be allocated beyond 1 July 2021.

These five measures demonstrate the Government's commitment to reform and streamline regulation across the broadcasting industry.

I commend the Bill.

Andrew McLachlan (SA, Liberal Party) Share this | Link to this | Hansard source

In accordance with standing order 115(3), further consideration of this bill is now adjourned until 17 June 2021.