Broadcasting Services Amendment Act 1997
No. 115, 1997
An Act to amend the Broadcasting Services Act 1992, and for related purposes
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedule(s).................................2
Schedule 1—Amendment of the Broadcasting Services Act 1992 3
Broadcasting Services Amendment Act 1997
No. 115, 1997
An Act to amend the Broadcasting Services Act 1992, and for related purposes
[Assented to 7 July 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Broadcasting Services Amendment Act 1997.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendment of the Broadcasting Services Act 1992
1 At the end of the title
Add “, and for related purposes”.
2 After paragraph 158(d)
Insert:
(da) to conduct investigations as directed by the Minister under section 171; and
3 Section 171
Repeal the section, substitute:
171 Minister may direct ABA to conduct an investigation
(1) The Minister may direct the ABA in writing to investigate any matter with respect to which the Parliament is given power to make laws by paragraph 51(v) of the Constitution.
(2) Without limiting subsection (1), the Minister may direct the ABA to investigate:
(a) any matter that the Minister is satisfied should be investigated in the interests of the due administration of this Act; or
(b) any matter relating to the future regulation or operation of a telecommunications service.
(3) In this section:
telecommunications service has the same meaning as in the Telecommunications Act 1991.
4 Section 172
Omit “for the purposes of the performance or exercise of any of its functions and powers”.
5 Saving
If, immediately before the commencement of this Act, the ABA was conducting, or was about to conduct, an investigation at the direction of the Minister under section 171 of the Broadcasting Services Act 1992 as then in force, that Act as amended by this Act applies to the investigation as if the direction to conduct the investigation had been given by the Minister under section 171 of that Act as so amended.
[Minister’s second reading speech made in—
Senate on 10 October 1996
House of Representatives on 25 June 1997]
Overview
The Broadcasting Services Amendment Act 1997 (No. 115, 1997) was enacted by the Parliament of Australia to amend the Broadcasting Services Act 1992. This legislation was introduced to address the need for more effective oversight and regulation of broadcasting services, particularly in light of evolving telecommunications technologies and services. The overarching policy objective was to ensure that the Australian Broadcasting Authority (ABA) could investigate matters pertinent to the administration and regulation of broadcasting services, thus facilitating the due administration of the Act. The Act allows the Minister to direct the ABA to conduct investigations into various matters, including those in the interests of the administration of the Act or relating to the future regulation or operation of telecommunications services. This amendment aimed to enhance the ABA’s capacity to respond to emerging issues in the broadcasting sector effectively.
Scope and Application
The Broadcasting Services Amendment Act 1997 amends the Broadcasting Services Act 1992 to update and expand the scope of the Australian Broadcasting Authority's (ABA) investigative powers. This Act applies to the ABA, the Commonwealth Minister responsible for broadcasting services, and potentially any telecommunications service providers that may be the subject of an investigation. The jurisdiction of this Act is national, as it pertains to the Commonwealth of Australia. The Act does not explicitly state exclusions or exemptions, but it is reasonable to infer that any investigations conducted by the ABA under this Act would be within the scope of broadcasting and telecommunications services, as defined under the Broadcasting Services Act 1992 and the Telecommunications Act 1991 respectively. The application of the Act may be further defined or restricted through subordinate instruments issued under its authority.
Key Provisions
The Broadcasting Services Amendment Act 1997 amends the Broadcasting Services Act 1992, with the primary objective being to enhance the capacity of the Australian Broadcasting Authority (ABA) to conduct investigations. Section 171 (1) now allows the Minister to direct the ABA to investigate any matter that falls within the legislative powers granted to Parliament by the Constitution, specifically under paragraph 51(v). This encompasses any matter the Minister deems necessary for the proper administration of the Act or any issue related to the future regulation or operation of a telecommunications service. The definition of "telecommunications service" is aligned with that provided in the Telecommunications Act 1991. This amendment significantly broadens the scope of investigations that the ABA can undertake.
The Amendment Act also imposes specific obligations on the ABA and the Minister. Under Section 171, the Minister has the authority to issue written directives for investigations, which must be carried out by the ABA. This directive power can be exercised for matters pertinent to the administration of the Act or related to telecommunications services. Additionally, Section 172 removes a previous restriction that limited the scope of investigations to the ABA's functions and powers. This change ensures that investigations can be broader and more comprehensive, covering any relevant matter within the Minister's purview. The Saving provision ensures continuity for ongoing investigations initiated under the previous Act, applying the amended provisions retroactively to those investigations.
Failure to comply with the requirements of this Act can result in various consequences. While the Act does not explicitly enumerate specific offences, breaches of the Minister’s directives or the ABA’s obligations could lead to legal challenges or administrative actions. The penalties for non-compliance are not detailed within the Act itself but could be inferred from related laws or regulations. In the broader context of Australian law, penalties for non-compliance with statutory directives can include fines, corrective orders, or other legal remedies depending on the severity and nature of the breach.