LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Children’s Television Standards Variation 2005 (No. 2) made under the Broadcasting Services Act 1992
On 29 June 2005, the Australian Broadcasting Authority (the ABA) varied the Children’s Television Standards. 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 Children’s Television Standards
Section 122 of the BSA requires the ABA to determine standards that relate to programs for children that are to be observed by commercial television broadcasting licensees. Compliance with the Children’s Television Standards (CTS) is a licence condition for commercial television broadcasters. The objective of the CTS is to ensure that children have access to a variety of quality television programs made specifically for them, including Australian drama and non-drama programs. The ABA may vary the CTS under subsection 122(1) of the BSA.
Intended impact and effect of the instrument
The purpose of the instrument is to correct a drafting error in the CTS, arising from the commencement of the Children’s Television Standards Variation 2005 (No. 1).
The effect of the variation in the instrument is to ensure that the CTS contain a valid definition of school holidays.
Consultation
Before deciding to vary the CTS, the ABA undertook the following steps by way of consultation:
- On 30 March 2005, the ABA published on its website, a draft instrument of variation to the CTS 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 two written submissions on the draft instrument and subsequently made further variations to the draft instrument.
- On 26 May 2005, the ABA published on its website, a revised draft instrument of variation to the CTS and an explanatory paper about the proposed changes, inviting public comment by 2 June 2005. The ABA also wrote to the submitters and relevant stakeholders, provided a copy of the revised draft instrument and the explanatory paper and invited comments.
- The ABA received one written submission on the revised draft instrument and made further variations to the draft instrument.
- The ABA made the Children’s Television Standards Variation 2005 (No. 1) on 23 June 2005. Due to an administrative error, the revised instrument made by the ABA on 23 June 2005 contained an incorrect version of the definition of school holidays which had not previously been the subject of public consultation.
- The definition of school holidays to be substituted by this instrument is the same as that on which consultation has occurred.
Description of the provisions of the instrument
CTS 1 - Definitions
The definition of ‘school holidays’ has been amended to correct a drafting error and ensure that the definition is valid. The definition will mean that the term ‘school holidays’ where occurring in the CTS will refer to government primary school holidays in each licensee’s licence area, and each public holiday in each licensee’s licence area.