Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I table a revised explanatory memorandum relating to the bill.

Sue Lines (President) Share this | Link to this | Hansard source

I will first deal with amendments to the motion for the second reading, starting with the amendment by the Australian Greens. The question is that the amendment on sheet 2679 be agreed to.

Australian Greens' circulated amendment

At the end of the motion, add ", but the Senate:

(a) notes:

(i) that problem gambling fuelled by advertising inflicts significant harm on the lives of Australians, their families and communities, and

(ii) the recommendation from the House of Representatives Standing Committee on Social Policy and Legal Affairs inquiry into online gambling and its impacts that the Government implement a comprehensive ban on all forms of online gambling advertising without delay; and

(b) calls on the Government to back this recommendation and implement a ban on online gambling advertising as a matter of urgency".

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the second reading amendment circulated by One Nation. The question is that the amendment on sheet 2343 be agreed to.

Pauline Hanson's One Nation's circulated amendment—

At the end of the motion, add ", but the Senate:

(a) notes that fair and balanced reporting of news by journalists is crucial to supporting democracy and ensuring that Australians can participate properly in citizenship; and

(b) calls on the Government to introduce a requirement:

(i) that all free-to-air broadcasters provide impartial, fair and balanced reporting of all news and current affairs, and

(ii) that the SBS and ABC (other than SBS and ABC radio) become subscription-based services, whereby Australian consumers pay an optional small annual licensing fee to access content, with the result of cessation of public funding".

Sue Lines (President) Share this | Link to 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".

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

by leave—Madam President, I ask that my opposition to sheet 2638 be noted.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by the Jacqui Lambie Network. The question is that amendments (1) to (17) and (19) to (36) on sheet 2379 be agreed to.

Jacqui Lambie Network's circulated am e ndments—

(1)—Clause 2, page 2 (table item 2, column 2), omit the cell, substitute:

(2)—Schedule 1, item 1, page 5 (after line 6), after the definition of listed carriage service in section 130ZZH, insert:

live television application means an application that is designed for the purpose of providing access to a particular linear broadcast service.

(3)—Schedule 1, item 1, page 11 (after line 19), after subsection 130ZZN(2), insert:

(2A) A person who:

(a) has supplied a regulated television device to another person in Australia; and

(b) is the manufacturer of the device or a related body corporate of the manufacturer of the device; and

(c) provides or causes to be provided a software update for the device;

must ensure that the software update causes the device to comply with the minimum prominence requirements for a regulated television service that is offered by a regulated television provider.

Note: In relation to paragraph (a), supply does not include supply for use outside Australia (see definition of supply and subsection 95A(2) of the Competition and Consumer Act 2010).

(2B) A person who is subject to the requirement under subsection (2A) in relation to a regulated television device must ensure that the device continues to comply with the minimum prominence requirements for a regulated television service during the period:

(a) beginning immediately after the time a software update provided for the regulated television device causes the device to comply with those requirements; and

(b) ending at the earliest of the following times:

(i) the time when an action by a user of the device results in the device not complying with those requirements;

(ii) the time when the software used on the device is no longer provided, updated or supported by the manufacturer, or by another person on behalf of the manufacturer;

(iii) the time when the regulated television service is no longer offered by the regulated television service provider.

Note: In relation to subparagraph (b)(iii), see subsection (9) for when a service is or is not taken to be offered.

(4)—Schedule 1, item 1, page 11 (lines 20 and 21), omit "or (2)", substitute ", (2), (2A) or (2B)".

(5)—Schedule 1, item 1, page 11 (lines 26 and 27), omit "or (2)", substitute ", (2), (2A) or (2B)".

(6)—Schedule 1, item 1, page 11 (line 33), after "(2),", insert "(2A), (2B),".

(7)—Schedule 1, item 1, page 11 (line 35), omit "or (2)", substitute ", (2), (2A) or (2B)".

(8)—Schedule 1, item 1, page 12 (line 8), after "(2),", insert "(2A), (2B),".

(9)—Schedule 1, item 1, page 12 (lines 25 and 26), omit the heading to section 130ZZO, substitute:

130ZZO Minimum prominence requirements

(10)—Schedule 1, item 1, page 12 (before line 27), insert:

(1A) Within one month after the commencement of this Schedule, the regulations must prescribe (the minimum prominence requirements) that a regulated television device must provide access to applications covered by subsection 130ZZJ(5).

(1AA) Within six months after the commencement of this Schedule, the regulations must prescribe (the minimum prominence requirements) that a regulated television device must provide access to:

(a) each application referred to in subsection 130ZZO(1A) on the primary user interface of the device; and

(b) a live television application for each broadcasting service referred to in paragraph 130ZZJ(1)(a) that is transmitted in the licence area in which the device is located; and

(c) an electronic program guide that:

(i) includes information about each of the regulated television services referred to in paragraph 130ZZJ(1)(a) that is transmitted in the licence area in which the device is located; and

(ii) lists each regulated television service according to logical channel number order.

(11)—Schedule 1, item 1, page 12 (lines 27 and 28), omit "prescribe requirements (the minimum prominence requirements)", substitute "also prescribe minimum prominence requirements".

(12)—Schedule 1, item 1, page 13 (line 13), after "regulated television services", insert "or any other audiovisual content".

(13)—Schedule 1, item 1, page 13 (line 13), at the end of subsection 130ZZO(1), add:

; (g) the availability of search and discoverability functionality on the device.

(14)—Schedule 1, item 1, page 14 (line 5), after "(2),", insert "(2A), (2B),".

(15)—Schedule 1, item 1, page 14 (line 10), after "(2),", insert "(2A), (2B),".

(16)—Schedule 1, item 17, page 21 (line 16), after "(2),", insert "(2A), (2B),".

(17)—Schedule 1, item 17, page 21 (line 18), after "(2),", insert "(2A), (2B),".

(19)—Schedule 2, item 4, page 25 (line 19) to page 26 (line 19), omit section 146S, substitute:

146S Simplified outline

anti-siphoning list

(20)—Schedule 2, item 4, page 26 (before line 22), before the definition of anti-siphoning list in section 146T, insert:

access has the same meaning as in schedule 8.

(21)—Schedule 2, item 4, page 26 (after line 26), after the definition of Australia in section 146T, insert:

content service means:

(a) a service that delivers audiovisual content to persons having equipment appropriate for receiving that content, where the delivery of the service is by means of a listed carriage service; or

(b) a service that allows end-users to access audiovisual content using a listed carriage service where:

(i) the service is provided to the public (whether on payment of a fee or otherwise); and

(ii) any of the content accessible using the service or delivered by the service, is accessible to, or delivered to, one or more end-users in Australia; or

(c) a service that the Minister determines, by legislative instrument, is a content service.

content service provider means a person who provides a content service to the public.

(22)—Schedule 2, item 4, page 27 (lines 1 to 3), omit the definitions of media content service and media content service provider in section 146T.

(23)—Schedule 2, item 4, page 27 (after line 5), after the definition of related body corporate in section 146T, insert:

simulcast BVOD service means a content service that:

(a) is made available free to the general public; and

(b) predominantly simulcasts all of the program content (excluding advertising, sponsorship or promotional material) of:

(i) a commercial television broadcasting service; or

(ii) a national broadcasting service that provides television programs.

specified content service means:

(a) a broadcasting service that delivers television programs; or

(b) a simulcast BVOD service.

(24)—Schedule 2, item 4, page 27 (lines 6 to 29), omit section 146U.

(25)—Schedule 2, item 4, page 28 (lines 5 to 7), omit "the televising of which should, in the opinion of the Minister, be available free to the general public", substitute "that should, in the opinion of the Minister, be available free to the general public by means of a specified content service".

(26)—Schedule 2, item 4, page 28 (lines 20 and 21), omit "televise the event concerned", substitute "make the event concerned available free to the general public by means of a specified content service".

(27)—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 make an event available on their specified content services, 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 make an event available on their specified content services, but has failed to make the event available to the public or has made available 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.

(28)—Schedule 2, item 4, page 29 (line 22) to page 30 (line 3), omit subsections 146W(1) and (2), substitute:

(1) This section applies to a content service provider, other than:

(a) a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)), or a related body corporate of that licensee; or

(b) a national broadcaster.

(2) No content service provider may acquire the right to provide or make available to the public by means of any content service an event, or events of a kind, specified in the anti-siphoning list (in whole or part) unless:

(a) a national broadcaster has the right to make the whole or a part of the event available on any of its specified content services; or

(b) both of the following apply:

(i) one or more commercial television broadcasting licensees (other than a licensee who holds a license allocated under section 38C or subsection 40(1)) has the right to make the whole or a part of the event available on any of their specified content services;

(ii) the television broadcasting services of that licensee, or of those licensees, cover a total of more than 50% of the Australian population.

(29)—Schedule 2, item 4, page 30 (line 7), omit "media".

(30)—Schedule 2, item 4, page 30 (line 21), omit "media".

(31)—Schedule 2, item 4, page 31 (line 2), omit "media".

(32)—Schedule 2, item 4, page 31 (line 18), omit "media".

(33)—Schedule 2, item 4, page 31 (line 19), omit "media".

(34)—Schedule 2, item 4, page 33 (line 28), omit "media".

(35)—Schedule 2, item 5, page 34 (line 5), omit "media".

(36)—Schedule 2, item 5, page 34 (line 10), omit "media".

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that item 24 of schedule 1 stand as printed.

The Jacqui Lambie Network opposed schedule 1 in the following terms—

(18)—Schedule 1, item 24, page 24 (lines 4 to 9), to be opposed.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by Senator David Pocock. The question is that the amendments on sheet 2617 revised be agreed to.

Senator David Pocock's circulated amendments—

(1)—Clause 2, page 2 (at the end of the table), add:

(2)—Page 36 (after line 2), at the end of the bill, add:

Schedule 3 — Codes of practice for broadcasting video on demand services

Broadcasting Services Act 1992

1 Subsection 123(1)

Omit "radio and television industry", substitute "radio, television, and other relevant broadcasting industry".

2 After paragraph 123(1)(e)

Insert:

and (f) providers of broadcasting video on demand services;

3 At the end of section 123

Add:

(8) For the purposes of this section:

broadcasting video on demand service has the same meaning as in Part 9E.