Acts of Parliament assented to - Act No. 95 to 97 of 2018

Overview

The Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018 was assented to by the Governor-General on 31 August 2018, following its passage by both the Senate and the House of Representatives. This Act was introduced to amend the Broadcasting Services Act 1992, addressing various concerns including the regulation of foreign media ownership in the Australian broadcasting industry and ensuring the viability of community radio services. The policy objective behind this legislation is to maintain a diverse and independent media landscape that reflects Australian values and interests, while also supporting the growth of community radio. The Family Law Amendment (Family Violence and Other Measures) Act 2018, also assented to on 31 August 2018, aims to enhance the family law system's capacity to deal with family violence. This Act amends existing family law legislation to introduce measures intended to better protect victims of family violence and ensure that the family law system responds appropriately to these serious issues. The Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018, which also received assent on the same date, seeks to address the problem of the non-consensual sharing of intimate images by amending the Enhancing Online Safety Act 2015. This legislation aims to provide stronger protections against this form of cyber abuse, ensuring that perpetrators are held accountable and victims are better supported.

Scope and Application

The Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018 applies to entities involved in the broadcasting sector in Australia, including broadcasters, media owners, and community radio stations. The Act seeks to regulate and impose limitations on foreign media ownership within the broadcasting industry, ensuring that the media landscape remains diverse and reflective of Australian interests. The geographic reach of this Act is national, as it applies across Australia under Commonwealth legislation. The Act does not explicitly state exclusions or thresholds but extends its application through subordinate instruments that may provide further clarification and enforcement mechanisms. The Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018 applies to all individuals and entities involved in the transmission, distribution, or storage of intimate images in Australia. This Act is designed to combat the non-consensual sharing of intimate images by imposing stringent penalties and creating a framework for victims to seek redress. The jurisdictional reach of the Act is national, applying across all states and territories of Australia. Although the Act does not specify exclusions or exemptions, it extends its application through subordinate instruments that may define technical aspects of compliance and enforcement, ensuring a cohesive approach to addressing this issue.

Key Provisions

The Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018 (section 3) introduces key changes to the Broadcasting Services Act 1992, primarily focusing on foreign media ownership and community radio. Under the new provisions, the Act imposes stricter limitations on foreign ownership of Australian media companies. Specifically, the Act restricts foreign entities to no more than a 15% share in any Australian media company, and no more than a 25% share in any Australian media services (section 4). The Act also seeks to enhance the role of community radio stations by mandating that commercial broadcasters provide community radio stations with the same access to broadcast facilities as they provide to other broadcasters (section 5). Additionally, the Act introduces new measures to ensure the integrity of the broadcasting services in Australia (section 6). The Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018 (section 3) amends the Enhancing Online Safety Act 2015 to criminalise the non-consensual sharing of intimate images. This Act imposes obligations on digital platforms and service providers to take proactive steps in preventing the sharing of such images. This includes requiring these entities to implement measures to identify and remove non-consensual intimate images when they are reported (section 4). Furthermore, the Act mandates that these platforms provide users with clear information about their policies and procedures for handling such content (section 5). The legislation also includes provisions for the establishment of a dedicated online reporting system to facilitate the reporting of non-consensual image sharing (section 6). The Family Law Amendment (Family Violence and Other Measures) Act 2018 (section 3) introduces several measures aimed at strengthening protections against family violence. This Act imposes a new requirement for family law practitioners to undertake specific training on family violence issues before they can provide certain family law services (section 4). Additionally, the Act introduces stricter rules for the disclosure of information in family law proceedings, particularly in cases involving allegations of family violence (section 5). The Act also enhances the powers of the Family Court to make orders to protect individuals from family violence, including the ability to issue restraining orders and to direct the removal of a perpetrator from a family home (section 6). Furthermore, the Act imposes a duty on family law practitioners to report suspected family violence to appropriate authorities (section 7). In terms of penalties and consequences, breaches of the foreign media ownership limits in the Broadcasting Legislation Amendment Act can result in substantial fines, with penalties varying based on the severity and repetition of the offence (section 8). For violations of the non-consensual sharing provisions in the Enhancing Online Safety Act, offenders can face significant penalties, including imprisonment for up to three years and substantial fines, depending on the circumstances of the offence (section 9). Similarly, under the Family Law Amendment Act, practitioners who fail to comply with the mandatory training requirements or reporting duties can face fines and other sanctions, reflecting the serious nature of these obligations (section 10). Each Act includes detailed provisions regarding the enforcement of these provisions and the process for imposing penalties.