LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Broadcasting Services (Australian Content) Standard Variation 2005 (No. 1), made under the Broadcasting Services Act 1992
On 23 June 2005, the Australian Broadcasting Authority (the ABA) varied the Broadcasting Services (Australian Content) Standard 1999 (the ACS). The variation was made under subsection 122(1) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory paper as ‘the instrument’. The instrument commenced on 1 July 2005.
The Broadcasting Services (Australian Content) Standard 1999
Section 122 of the BSA requires the ABA to determine standards that relate to the Australian content of programs, that are to be observed by commercial television broadcasting licensees. Compliance with the ACS is a licence condition for commercial television broadcasters.
The objective of the ACS is to ensure that Australian television reflects a sense of Australian identity, character and cultural diversity to Australian audiences. The ACS defines eligible Australian programs and sets annual quotas for the minimum amount of Australian programs that must be broadcast by Australian commercial free-to-air television licensees. In addition there are minimum sub-quotas for repeat C drama programs and first release children’s programs, including Australian C (children’s) drama.
The ABA may vary the ACS under subsection 122(1) of the BSA.
Intended impact and effect of the instrument
On 23 June 2005, the ABA varied the Children’s Television Standards (CTS) by the Children’s Television Standards Variation 2005 (No.1). The intention of the CTS variations is to clarify the meaning of various provisions of the CTS, reword some provisions to conform with current legal drafting practice and to carry through to the CTS some earlier amendments to the ACS that were not properly reflected in the CTS.
To ensure consistency with the CTS variations, the ACS requires a number of consequential variations. The variations are of a technical nature and do not reflect any change to the policy intent of the ACS. The intention of the variations is to ensure the use of consistent terminology throughout the ACS and the CTS. For example, the term ‘Australian Children’s Drama’ has been changed to ‘Australian C Drama’ to ensure consistency with the CTS.
Consultation
Before deciding to vary the ACS, the ABA undertook the following steps by way of consultation:
- On 30 March 2005, the ABA published a draft instrument of variation to the ACS and an explanatory paper about the changes proposed in the draft instrument, inviting public comment by 21 April 2005.
- On 31 March 2005, the ABA placed an advertisement in The Australian newspaper that outlined the proposed changes, provided details of how to obtain copies of the draft instrument, and invited public comment by 21 April 2005.
- The ABA wrote to commercial television licensees, children’s television producers and program suppliers, and interested organisations, agencies and industry bodies, including FreeTV Australia, the Australian Children’s Television Foundation, the Australian Screen Directors’ Association and the Screen Producers’ Association of Australia. The ABA provided copies of the draft instrument and the explanatory paper and invited comments.
The ABA received no submissions relating to the draft instrument.
Description of the provisions of the instrument
Section 6 – Definitions
The term ‘Australian Children’s Drama’ has been changed to ‘Australian C Drama’ to ensure consistency with the terminology used in the CTS.
Section 6A – Independent Producer
The reference to ‘Australian Children’s Drama’ has been changed to ‘Australian C Drama’ to ensure consistency with the terminology used in the CTS.
Section 12 – Australian children’s drama – first release programs
The references to ‘Australian Children’s Drama’ have been changed to ‘Australian C Drama’ to ensure consistency with the terminology used in the CTS.
Subsections 12(1), 12(2) and 12(4) have been varied to clarify that licensees can claim the whole of a C period (which comprises a C program and any additional non-program C material allowed under the CTS) towards their quota requirements. These variations are necessary to ensure consistency with the changes to CTS3.
Subsection 12(3) has been varied to clarify that licensees can ‘triple count’ the Australian C Drama films or telemovies described in subsection 12(3) towards the quotas in CTS3 and ACS14, in addition to the sub quotas in subsection 12(1) and 12(2).
Section 12A – Australian children’s drama – deferment of quota hours
The references to ‘Australian Children’s Drama’ have been changed to ‘Australian C Drama’ to ensure consistency with the terminology used in the CTS.
Section 13 – Australian children’s drama – repeat programs
The references to ‘Australian Children’s Drama’ have been changed to ‘Australian C Drama’ to ensure consistency with the terminology used in the CTS.
The section has been reworded to ensure that all allowable non-program material is included in the sub-quota for repeat Australian C Drama.
Section 14 – C programs (Australian children’s programs)
The section has been varied and two new subsections have been added. The variations clarify that the benefits to licensees of the ‘triple counting’ (subsection 12(3)), ‘averaging’ (subsection 12(4)) and ‘make up’ (subsection 12A) provisions in the ACS apply to the first release program sub quotas in ACS14 and the general quotas in CTS3.
The word ‘program’ in the note has been changed to ‘material’ to ensure consistency with the changes to CTS3.
Section15 – P programs
The word ‘programs’ in note 1 has been changed to ‘material’ to ensure consistency with the changes to CTS3.