Broadcasting Services (Australian Content) Standard Variation 2005 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005L01717 Not in force Legislative Instrument

Legislation content

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.

 

Overview

The Broadcasting Services (Australian Content) Standard Variation 2005 (No. 1) was enacted as part of the Broadcasting Services Act 1992, and it addresses the need for consistency in terminology between the Broadcasting Services (Australian Content) Standard 1999 and the Children’s Television Standards. The Australian Broadcasting Authority (ABA) was responsible for enacting this variation under subsection 122(1) of the Broadcasting Services Act 1992, with the primary objective being to ensure that Australian television reflects a sense of Australian identity, character, and cultural diversity. This variation aimed to update the terminology and clarify certain provisions within the Broadcasting Services (Australian Content) Standard 1999 to align with the Children’s Television Standards Variation 2005 (No. 1). The changes were technical in nature and did not alter the policy intent of the original standards. Public consultation was conducted, but no submissions were received in response to the draft instrument.

Scope and Application

The Broadcasting Services (Australian Content) Standard Variation 2005 (No. 1) applies to commercial television broadcasting licensees in Australia. It amends the Broadcasting Services (Australian Content) Standard 1999, which is a condition of their broadcasting licences under the Broadcasting Services Act 1992. This variation is intended to ensure consistency in terminology and compliance requirements between the Australian Content Standard and the Children’s Television Standard, both of which are regulatory frameworks designed to promote Australian content in television programming. The changes are technical and do not alter the underlying policy intent, which is to enhance the reflection of Australian identity, character, and cultural diversity in television broadcasts. The variation came into effect on 1 July 2005 and is applicable nationally, covering all commercial television broadcasters operating within Australia. The Broadcasting Services Act 1992 provides the legislative basis for these standards, and any further variations or amendments can be made under the same legislative framework.

Key Provisions

The main operative sections of the Broadcasting Services (Australian Content) Standard Variation 2005 (No. 1) (the "instrument") primarily involve amendments to terminology and clarifications within the Broadcasting Services (Australian Content) Standard 1999 (ACS) to ensure consistency with the Children’s Television Standards (CTS). Section 6 of the instrument alters the definition of "Australian Children’s Drama" to "Australian C Drama" to align with the terminology used in the CTS. Section 6A modifies the reference to "Australian Children’s Drama" to "Australian C Drama" for the same reason. Section 12, which pertains to Australian children’s drama - first release programs, has been amended to clarify that licensees can count the whole of a C period (which comprises a C program and any additional non-program C material) towards their quota requirements. Similarly, Section 12A, concerning the deferment of quota hours for Australian children’s drama, has also been altered to reflect the new terminology. Section 13, regarding Australian children’s drama - repeat programs, and Section 14, which deals with C programs (Australian children’s programs), have been reworded to ensure all allowable non-program material is included in the sub-quota for repeat Australian C Drama and to clarify the benefits of provisions such as 'triple counting' and 'averaging'. Section 15, concerning P programs, has minor changes to terminology to maintain consistency with the CTS variations. The obligations imposed by the instrument on commercial television broadcasting licensees include compliance with the revised terminology and the new quota requirements as outlined in the ACS. Licensees must ensure that the programming they broadcast meets the updated standards, particularly concerning the definition and counting of Australian C Drama programs. They must also adhere to the clarified provisions regarding the counting of whole C periods and the benefits of 'triple counting', 'averaging', and 'make up' provisions. These changes necessitate that licensees adjust their programming strategies to meet the new requirements, ensuring they broadcast the mandated amount of Australian content as specified in the ACS. Breaches of the Broadcasting Services (Australian Content) Standard 1999, as varied by the instrument, could lead to enforcement actions under the Broadcasting Services Act 1992. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is known that the Australian Communications and Media Authority (ACMA), the successor to the Australian Broadcasting Authority (ABA), has the authority to take action against broadcasters who fail to comply with the ACS. Such actions could include fines, public reprimands, or in severe cases, the suspension or revocation of broadcasting licences. The exact penalties would be determined based on the nature and severity of the breach, in line with the provisions of the BSA.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.