Broadcasting Services Amendment Act (No. 2) 1997 (Cth)

Broadcasting Services Amendment Act (No. 2) 1997

No. 180, 1997

An Act to amend the Broadcasting Services Act 1992, and for other purposes

Contents

Broadcasting Services Amendment Act (No. 2) 1997

No. 180, 1997

An Act to amend the Broadcasting Services Act 1992, and for other purposes

[Assented to 27 November 1997]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Broadcasting Services Amendment Act (No. 2) 1997.

2Commencement

This Act commences on the 28th day after the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Broadcasting Services Act 1992

Broadcasting Services Act 1992

1

After subsection 123(3B)

Insert:

1. (3C)

   In developing codes of practice referred to in paragraph (2)(a), (b) or (c), industry groups representing providers of open narrowcasting television services must ensure that:

   1. (a)

      for the purpose of classifying films—those codes apply the film classification system administered by the Office of Film and Literature Classification; and

   2. (b)

      those codes provide for methods of modifying films having particular classifications under that system so that:

      1. (i)

         the films are suitable to be broadcast; or

      2. (ii)

         the films are suitable to be broadcast at particular times; and

   3. (c)

      those codes require that films classified as “M” may be broadcast only:

      1. (i)

         between the hours of 8.30 pm on a day and 5 am on the following day; or

      2. (ii)

         between the hours of noon and 3 pm on any day that is a school day; and

   4. (d)

      films classified as “MA” may be broadcast only between the hours of 9 pm on a day and 5 am on the following day; and

   5. (e)

      those codes provide for the provision of advice to consumers on the reasons for films receiving a particular classification.

2. (3D)

   In developing codes of practice referred to in paragraph (2)(a), (b) or (c), industry groups representing providers of open narrowcasting television services must ensure that films classified as “M” or “MA” do not portray material that goes beyond the previous “AO” classification criteria.

2

Subsection 123A(1)

Omit “subsection 123(3A)”, substitute “subsections 123(3A) and (3C)”.

3

Subsection 123A(1)

Omit “that subsection is”, substitute “those subsections are”.

4

Subsection 123A(2)

Omit “that subsection” (first occurring), substitute “subsection 123(3A) or (3C)”.

5

Subsection 123A(2)

Omit “that subsection” (second occurring), substitute “subsection 123(3A) or (3C), as the case requires,”.

6

At the end of clause 11 of Schedule 2

Add:

1. (3)

   The provision by a person of an open narrowcasting television service under a class licence is also subject to the following conditions:

   1. (a)

      the licensee will not broadcast a program that has been refused classification, or has been classified as “X”, by the Office of Film and Literature Classification;

   2. (b)

      the licensee will not broadcast films that are classified as “R” unless the films have been modified as mentioned in paragraph 123(3C)(b).

2. (4)

   The provision by a person of a subscription television narrowcasting service under a class licence is also subject to the condition that the licensee will not broadcast a program that has been refused classification, or has been classified as “X”, by the Office of Film and Literature Classification.

[Minister’s second reading speech made in—

Senate on 1 October 1997

House of Representatives on 19 November 1997]

(170/97)