Broadcasting Services (Event Continuation) Declaration No. 1 of 2001

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was introduced to regulate the broadcasting services in Australia and ensure fair access to events for commercial television broadcasters. The Act aims to prevent the monopolisation of significant events by a single broadcaster, thus promoting diversity and competition in the broadcasting sector. Broadcasting Services (Event Continuation) Declaration No. 1 of 2001 was made under subsection 115(1AA) of the Broadcasting Services Act 1992 by Richard Kenneth Robert Alston, the Minister for Communications, Information Technology and the Arts, to address a specific issue where at least one commercial television broadcasting licensee had not had a reasonable opportunity to acquire the right to televise certain events. The policy objective of this declaration was to ensure that these events continued to be accessible to multiple broadcasters, thereby maintaining a level playing field in the broadcasting industry. This legislative instrument, the Broadcasting Services (Event Continuation) Declaration No. 1 of 2001, was issued to ensure that certain events scheduled for November 2001, which were specified in the Broadcasting Services (Events) Notice No. 1 of 1994, would remain accessible to commercial television broadcasters who had not had an adequate opportunity to acquire the rights to televise these events. The declaration came into effect upon gazettal and applied to events with a removal time of 1,008 hours before the start of the event. This measure was taken to uphold the principle of equitable access to significant events, fostering a competitive and diverse broadcasting landscape.

Scope and Application

The Broadcasting Services (Event Continuation) Declaration No. 1 of 2001 applies specifically to events that meet the criteria outlined within the Declaration, notably those events specified in Item 6B of the Schedule to the Broadcasting Services (Events) Notice No. 1 of 1994, and which are scheduled to be conducted during November 2001. This legislative instrument extends its reach to any event that has been pre-identified under the Notice and ensures that these events remain specified despite the removal time of 1,008 hours before the start of the event. The application of this Declaration is limited to events meeting these precise conditions and does not extend to other types of broadcasting activities or events outside the scope of Item 6B of the Notice. The Declaration is made under the authority of the Broadcasting Services Act 1992 and is effective from the moment of its gazette, thereby providing immediate legal effect to the continuation of specified events within the stated timeframe. The jurisdictional reach of this Declaration is national, applying across the Commonwealth of Australia, and it operates within the framework set by the Broadcasting Services Act 1992, which governs the licensing and regulation of broadcasting services in Australia.

Key Provisions

The main operative sections of this legislative instrument, the Broadcasting Services (Event Continuation) Declaration No. 1 of 2001, outline the continuation of certain events being specified in the Broadcasting Services (Events) Notice No. 1 of 1994. Specifically, under section 4, events specified in Item 6B of the Schedule to the Notice and scheduled for November 2001 remain specified in the Notice, ensuring they retain their protected status beyond the usual removal time, which is 1,008 hours before the start of the event. The Act imposes certain obligations on the parties and entities it governs. The Minister for Communications, Information Technology and the Arts, in this case Richard Kenneth Robert Alston, is required to make a declaration under subsection 115(1AA) of the Broadcasting Services Act 1992 if satisfied that at least one commercial television broadcasting licensee has not had a reasonable opportunity to acquire the right to televise the specified event. This declaration ensures that the events maintain their specified status, thus protecting the interests of the broadcasting licensees and maintaining equitable access to such events. In terms of consequences for non-compliance or breaches of the Act, the text does not explicitly state any specific offences, penalties, or civil/criminal consequences for breaches of this Declaration. However, as a legislative instrument under the Broadcasting Services Act 1992, it is reasonable to infer that breaches could lead to enforcement actions by the relevant authorities, potentially including fines or other penalties as prescribed by the broader legislative framework of the Act. The maximum penalties would be in line with those stipulated in the overarching Act or any related regulations.