Broadcasting Services (Australian Content) Standard Variation 2009 (No. 1)

LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Broadcasting Services (Australian Content) Standard Variation 2009 (No. 1)

This explanatory statement accompanies the Broadcasting Services (Australian Content) Standard Variation 2009 (No.1), which varies the Broadcasting Services (Australian Content) Standard 2005 (the ACS).

The variation was determined by the Australian Communications and Media Authority (the ACMA) on 24 August 2009 and commences on 1 January 2010, being the same date as the Children’s Television Standards 2009 (the CTS 2009) commence.

Program standards for Australian content

Subsections 122(1) and (2) of the Broadcasting Services Act 1992 (the BSA) provide that the ACMA must make standards to apply to commercial television broadcasting licensees for Australian content of programs and for programs for children. 

The objective of the ACS is to promote the role of broadcasting services in developing and reflecting a sense of Australian identity, character and cultural diversity, by supporting the community’s continued access to television programs produced under Australian creative control. This objective is based on s.3(e) of the BSA.

All commercial television licensees are required under the BSA to comply with the ACS.

Intended impact and effect

Variations to the ACS are consequential, resulting from changes to the structure and numbering of provisions within the CTS 2009, which replace the Children’s Television Standards 2005 (the CTS 2005).

The primary impact and effect of the variation is to ensure that references in the ACS accurately reflect the new numbering of provisions in the CTS 2009.

In particular, all references to the CTS 2005 have been replaced with references to the CTS 2009, and references to specifically numbered CTS provisions have been amended to accord with the numbering of those provisions in the CTS 2009.

Consultation

In undertaking a review of the CTS, the ACMA released the proposed draft Standards on 27 August 2008 and invited submissions from interested parties.

As a result of proposed changes to the CTS, the ACMA also proposed to vary the ACS to ensure that references to the CTS within the ACS are consistent with the proposed new CTS.

The ACMA also invited comment on the proposed variation by 31 October 2008. No submissions were received.

Explanation of the variations of the ACS

Schedule 1 varies the Broadcasting Services (Australian Content) Standard 2005

Schedule 1 Variations

Section 6: Definitions

Section 6 defines the terms used throughout the ACS and clarifies application of the ACS.

The following definitions have been varied to ensure the references to the CTS are correct:

Australian C Drama has the same meaning as in CTS 5 (rather than CTS 11)

C band has the same meaning as CTS 5 (rather than CTS 1)

C program has the same meaning as CTS 5 (rather than CTS 1).

CTS defines the meaning of the Standard so numbered in the Children’s Television Standards 2009 (rather than the Children’s Television Standards 2005)

P program has the same meaning as CTS 5 (rather than CTS 1).

The definitions are otherwise unchanged.

Section 14: C programs (Australian children’s programs)

Section 14 sets out the requirements for Australian children’s programs. No change is made to s.14, but the note which contained a reference to CTS 3 in the CTS 2005, has been amended to reflect the fact that the relevant provision is now numbered CTS 8 in the CTS 2009. 

A note (Note 2) has also been added, explaining that C period is defined in CTS 5 of the CTS 2009.

Section 15: P programs (Australian preschool programs)

Section 15 sets out requirements in relation to Australian preschool programs. Section 15 and Note 1 contained a reference to CTS 3 in the CTS 2005.  These references have been amended to reflect the fact that the relevant provision is now numbered as CTS 8 in the CTS 2009.