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.
Overview
The Children’s Television Standards Variation 2005 (No. 2) was enacted under the Broadcasting Services Act 1992 and addresses a drafting error identified in the initial Children’s Television Standards Variation 2005 (No. 1). This variation was made by the Australian Broadcasting Authority (ABA) to correct an administrative oversight that led to an invalid definition of school holidays within the standards. The aim of the variation is to ensure that the standards correctly define school holidays, thereby maintaining the integrity and clarity of the Children’s Television Standards (CTS). The ABA pursued a comprehensive consultation process, inviting public comments and feedback from relevant stakeholders, including commercial television licensees and industry bodies, before finalising the variation. This legislative instrument underscores the commitment to upholding quality and accessibility of children's television programming in Australia.
Scope and Application
The Children’s Television Standards Variation 2005 (No. 2) applies to commercial television broadcasting licensees in Australia, specifically those who are required to comply with the Children’s Television Standards under the Broadcasting Services Act 1992. The primary objective of the Children’s Television Standards is to ensure children have access to a variety of quality television programs tailored for them, including Australian drama and non-drama content. The scope of the legislation extends across the entirety of Australia, as it concerns the standards governing children’s programming on commercial television, which is regulated at the national level. The instrument aims to correct an administrative error that occurred in the Children’s Television Standards Variation 2005 (No. 1), ensuring the definition of 'school holidays' is accurate and consistent with what was subject to prior public consultation. Any exclusions, exemptions, or thresholds are not explicitly stated in this particular variation but are generally bound by the overarching provisions of the Broadcasting Services Act 1992 and the specific licence conditions for commercial television broadcasters.
Key Provisions
The Children's Television Standards Variation 2005 (No. 2) primarily focuses on amending the definition of "school holidays" within the Children's Television Standards (CTS) (section 1). This variation aims to correct a drafting error that was introduced in the previous Children's Television Standards Variation 2005 (No. 1). By ensuring that the definition of school holidays is accurate and valid, the variation seeks to maintain the integrity of the CTS and their applicability to commercial television broadcasting licensees. This definition now correctly refers to government primary school holidays in each licensee's licence area, along with each public holiday in that area (section 1).
Compliance with the Children's Television Standards is a mandatory condition for commercial television broadcasters (section 122(1)). The obligations imposed by the CTS include ensuring that children have access to a variety of quality television programs specifically designed for them, such as Australian drama and non-drama programs. Broadcasters must adhere to these standards to maintain their licence and continue their operations. The Australian Broadcasting Authority (ABA) is responsible for determining these standards and has the authority to vary them as necessary, ensuring that the standards remain relevant and effective.
Breaching the Children's Television Standards could lead to various consequences. While the explanatory statement does not explicitly list specific offences or penalties, under the Broadcasting Services Act 1992, non-compliance with broadcasting standards can result in significant penalties. These penalties could include fines, suspension of broadcasting licences, or other regulatory actions deemed appropriate by the ABA. The exact nature and severity of penalties would depend on the specific breach and its impact on the broadcasting service.
The ABA undertook an extensive consultation process before making the variation. This included publishing draft variations on their website and in a major newspaper, inviting public comments, and engaging with stakeholders such as commercial television licensees, children’s television producers, and industry bodies. This comprehensive consultation ensured that the variation addressed the drafting error effectively and maintained the standards' integrity. The feedback received during these consultations led to further variations, ultimately resulting in the final instrument that corrects the definition of school holidays.
In summary, the Children's Television Standards Variation 2005 (No. 2) corrects a drafting error in the definition of school holidays within the Children's Television Standards, ensuring that commercial television broadcasters adhere to accurate and valid standards. This variation is crucial for maintaining the quality and accessibility of children's television programs and imposes significant obligations on broadcasters to comply with the amended standards. Non-compliance could lead to regulatory actions and penalties, highlighting the importance of adhering to the revised standards.