Broadcasting Legislation Amendment Act 2007

Overview

The Broadcasting Legislation Amendment Act 2007, enacted by the Parliament of Australia, was introduced to address the need for updating and clarifying the existing broadcasting legislation, particularly in relation to the regulation of content and the definition of free-to-air broadcasts. This Act amends the Broadcasting Services Act 1992 and the Copyright Act 1968 to provide for the re-transmission of programs by services that transmit material supplied by National Indigenous TV Limited. Additionally, it redefines "free-to-air broadcast" to include such transmissions while excluding them from certain provisions of the Copyright Act 1968. The primary policy objective behind this Act is to ensure that the broadcasting services remain regulated in a manner that supports the diverse and specific needs of Indigenous Australians, facilitating better access to culturally relevant content.

Scope and Application

The Broadcasting Legislation Amendment Act 2007 amends the Broadcasting Services Act 1992 and the Copyright Act 1968, aiming to introduce specific changes related to the broadcasting services and the definition of free-to-air broadcasts. The Act applies to entities involved in broadcasting services, including national, commercial, and community broadcasting services, as well as National Indigenous TV Limited, whose programming may be re-transmitted. It is applicable across the Commonwealth of Australia, ensuring a consistent legislative framework throughout the nation. Notably, the Act modifies the definition of "free-to-air broadcast" in the Copyright Act 1968 to include broadcasts by services that exclusively transmit program material supplied by National Indigenous TV Limited. The Act also includes specific exclusions, such as the exclusion of certain re-transmissions from its scope, and it relies on subordinate instruments for further detailing and implementation of its provisions.

Key Provisions

The Broadcasting Legislation Amendment Act 2007 (C2007A00028) primarily amends the Broadcasting Services Act 1992 and the Copyright Act 1968 to introduce specific provisions concerning the re-transmission of programs by certain entities and the definition of a free-to-air broadcast. Section 1 of the Act modifies the Broadcasting Services Act 1992 by adding a new clause under subsection 212(1) (paragraph c), which allows the re-transmission of programs by a service that only transmits material supplied by National Indigenous TV Limited. Additionally, subsection 212(3) is amended by adding a new clause under paragraph (e), which addresses the re-transmission of such programs by the licensee who originally transmitted the material. The Act imposes several obligations on the parties it governs, particularly those involved in broadcasting activities. Broadcasters who re-transmit programs from services that only transmit material supplied by National Indigenous TV Limited must comply with the new provisions set out in the amended Broadcasting Services Act 1992. These broadcasters are required to ensure their re-transmissions adhere to the legislative requirements, which include the specific conditions related to the transmission of indigenous programming. The Act also necessitates that the definition of a free-to-air broadcast be updated in the Copyright Act 1992, thereby impacting how such broadcasts are legally classified and regulated. Failure to comply with the provisions of the Broadcasting Legislation Amendment Act 2007 may result in legal consequences. Although the Act itself does not explicitly detail penalties for breaches, the underlying Broadcasting Services Act 1992 and Copyright Act 1968 contain provisions for penalties. For instance, non-compliance with the broadcasting regulations can result in fines and other enforcement actions. Specifically, under the Broadcasting Services Act 1992, penalties for breaches can include substantial fines, with the exact amount depending on the nature and severity of the infringement. The Act thus underscores the importance of adherence to broadcasting regulations and the potential legal ramifications of non-compliance.