Australian Broadcasting Corporation Amendment Act 2006
No. 49, 2006
An Act to amend the Australian Broadcasting Corporation Act 1983, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Australian Broadcasting Corporation Act 1983
Australian Broadcasting Corporation Amendment Act 2006
No. 49, 2006
An Act to amend the Australian Broadcasting Corporation Act 1983, and for related purposes
[Assented to 1 June 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Australian Broadcasting Corporation Amendment Act 2006.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 1 June 2006 |
2. Schedule 1 | The later of: (a) 15 June 2006; and (b) the day after this Act receives the Royal Assent. | 15 June 2006 (paragraph (a) applies) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Australian Broadcasting Corporation Act 1983
1 At the end of paragraph 12(1)(a)
Add “and”.
2 Paragraph 12(1)(b)
Repeal the paragraph.
3 Subsection 12(4)
Omit “or staff‑elected Director”.
4 Subsection 12(4A)
Repeal the subsection.
5 Sections 13A and 13B
Repeal the sections.
6 Subsection 17(1A)
Repeal the subsection.
7 At the end of subparagraph 18(2)(a)(ii)
Add “or”.
8 Paragraph 18(2)(aa)
Repeal the paragraph.
9 Subsection 18(3)
Repeal the subsection.
10 Subsection 21(7)
Repeal the subsection.
11 Cessation of staff‑elected Director and deputy
(1) Any person who is the staff‑elected Director immediately before the commencement of item 2 of this Schedule ceases, by force of this subitem, to be a member of the Board on the commencement of that item.
(2) Any person who is the deputy of the staff‑elected Director immediately before the commencement of item 5 of this Schedule ceases, by force of this subitem, to be the deputy of the staff‑elected Director on the commencement of that item.
[Minister’s second reading speech made in—
Senate on 29 March 2006
House of Representatives on 24 May 2006]
Overview
The Australian Broadcasting Corporation Amendment Act 2006 was enacted by the Parliament of Australia to amend the Australian Broadcasting Corporation Act 1983. This amendment was introduced to address several issues related to the governance and structure of the Australian Broadcasting Corporation (ABC). The principal objective was to reform the composition and election process of the ABC Board, including the cessation of staff-elected Directors and their deputies, thereby ensuring a more streamlined and efficient governance framework. The Act received Royal Assent on 1 June 2006 and the amendments it introduced took effect on 15 June 2006.
Scope and Application
The Australian Broadcasting Corporation Amendment Act 2006 is a legislative measure designed to amend the Australian Broadcasting Corporation Act 1983. This Act applies to the Australian Broadcasting Corporation (ABC), its Board, and its staff, particularly affecting the roles and election processes of Directors within the ABC. The Act's amendments include the cessation of the staff-elected Director and their deputy roles, adjustments to Board composition, and modifications to specific subsections and paragraphs within the 1983 Act. The Act's provisions commenced on the day of Royal Assent, 1 June 2006, with certain amendments taking effect on 15 June 2006. This Act applies nationally within Australia, as it is a Commonwealth legislation. The scope of the Act is limited to the ABC and does not extend to other broadcasting entities or industries unless explicitly mentioned in the amended sections. There are no stated exclusions or exemptions within the text, and the Act itself does not provide for extensions or restrictions through subordinate instruments.
Key Provisions
The Australian Broadcasting Corporation Amendment Act 2006 amends the Australian Broadcasting Corporation Act 1983 in several key respects. Section 1 of the Act provides for the cessation of the staff-elected Director and their deputy, with these individuals ceasing to hold their positions upon the commencement of the relevant items in Schedule 1 (Schedule 1, item 2 for the Director and item 5 for the deputy). Additionally, the Act makes changes to the composition and structure of the ABC Board. For example, paragraph 12(1)(a) of the 1983 Act is amended to include an additional requirement (Schedule 1, item 1), while paragraph 12(1)(b) is repealed entirely (Schedule 1, item 2). Furthermore, subsection 12(4) is amended by omitting references to the staff-elected Director (Schedule 1, item 3), and subsection 12(4A) is repealed (Schedule 1, item 4).
The obligations imposed by the Act primarily revolve around the structural changes to the ABC Board. These changes necessitate the removal of the staff-elected Director and their deputy, thereby altering the composition and functioning of the Board. Additionally, the Act requires the Board to comply with the new provisions outlined in the amended sections of the 1983 Act. This includes adhering to the new requirements for Board composition, as well as ensuring that the Board operates within the updated legal framework established by the Act. The Act also mandates that any new appointments to the Board must be made in accordance with the revised provisions, ensuring that the Board reflects the changes made by the Act.
In terms of penalties and consequences for breach, the Act itself does not explicitly outline specific penalties for non-compliance with its provisions. However, the Australian Broadcasting Corporation Act 1983, which the Amendment Act seeks to modify, includes provisions for offences and penalties. For example, section 18 of the 1983 Act outlines various offences related to the administration of the ABC, with penalties that may include fines. It is likely that any breaches of the amended provisions would be subject to these existing penalties, although the exact consequences would depend on the specific nature of the breach and the applicable laws at the time. The maximum penalties for offences under the 1983 Act can vary, with some carrying significant financial penalties and potential imprisonment for serious breaches.