Broadcasting Services Amendment Act (No. 2) 1999

Overview

The Broadcasting Services Amendment Act (No. 2) 1999 was enacted by the Parliament of Australia to amend the Broadcasting Services Act 1992. The Act was introduced to address specific concerns regarding the allocation and oversight of expenses incurred by the Australian Broadcasting Authority (ABA) under the commercial television conversion scheme, particularly those incurred during the period starting from the day of the Act's commencement until 31 December 2001. This legislative amendment aimed to clarify and restrict the circumstances under which the ABA could make certain determinations related to these expenses, ensuring a more defined boundary of financial accountability and oversight within the broadcasting sector. The policy objective behind this Act was to provide greater transparency and control over the financial management practices of the ABA in relation to the commercial television conversion scheme. By setting a specific timeframe and limiting the ABA's authority to make certain determinations, the Act sought to enhance the efficiency and integrity of the broadcasting services in Australia.

Scope and Application

The Broadcasting Services Amendment Act (No. 2) 1999 amends the Broadcasting Services Act 1992, which regulates the broadcasting services in Australia, including television and radio transmissions. This amendment applies to the Australian Broadcasting Authority (ABA), which is now known as the Australian Communications and Media Authority (ACMA), and affects the regulatory framework governing broadcasting services. Specifically, the Act modifies the financial determinations that the ABA can make in relation to expenses incurred under the commercial television conversion scheme, prohibiting such determinations for expenses incurred between the commencement of the Act and 31 December 2001. This legislation is intended to ensure clarity and predictability in the regulatory environment for broadcasters during the transition period associated with the commercial television conversion scheme. The Act applies on a national level across Australia, as it amends federal legislation. The amendments are specific to the circumstances outlined in the Act and do not broadly exclude or exempt any particular entities or industries from its scope. The Act itself does not explicitly mention the extension of its application through subordinate instruments, but the amended provisions could be subject to further clarification or implementation through regulations or guidelines issued by the relevant authorities.

Key Provisions

The Broadcasting Services Amendment Act (No. 2) 1999 amends the Broadcasting Services Act 1992 by inserting a new subsection (4) at the end of clause 61 of Schedule 4. This amendment restricts the Australian Broadcasting Authority (ABA) from making a determination concerning expenses incurred by the ABA under the commercial television conversion scheme. Specifically, subsection (4) stipulates that such determinations cannot be made for expenses incurred from the day this subsection commences until 31 December 2001. This amendment is intended to provide clarity and limitations on the ABA's authority in relation to these particular expenses. The obligations imposed by this Act primarily concern the ABA and its responsibilities. The ABA is mandated to adhere to the newly introduced limitations on making determinations regarding certain expenses related to the commercial television conversion scheme. The ABA must ensure that any decisions made do not contravene the restrictions outlined in the new subsection (4). This includes refraining from making any determinations concerning specified expenses incurred during the designated period, which runs from the day the amendment commences until 31 December 2001. The ABA must maintain compliance with these stipulations in its operations and decision-making processes. In terms of potential consequences, the Act does not explicitly state specific offences, penalties, or consequences for breaches. However, non-compliance with the restrictions imposed by the Act could lead to legal challenges or administrative actions against the ABA. The ABA could face scrutiny and potential criticism for not adhering to the legislative constraints. Furthermore, if the ABA's actions are found to be in breach of the Act, it may result in corrective measures, such as the re-evaluation or reconsideration of previous determinations, or other remedial actions as deemed appropriate by relevant authorities. The precise outcomes would depend on the specific circumstances and the interpretation of the Act by judicial or administrative bodies.