Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2018A00043 In force Act

Legislation content

 

 

 

 

 

 

Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018

 

No. 43, 2018

 

 

 

 

 

An Act to amend legislation relating to communications, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Broadcasting Services Act 1992

 

 

 

Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018

No. 43, 2018

 

 

 

An Act to amend legislation relating to communications, and for other purposes

[Assented to 19 June 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

20 June 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Broadcasting Services Act 1992

1  After Part 14E

Insert:

Part 14F—Grants

 

205ZG  Simplified outline of this Part

• The ACMA may, on behalf of the Commonwealth, make a grant of financial assistance to:

 (a) a publisher of a newspaper, magazine or other periodical; or

 (b) a content service provider.

• A grant must be in respect of:

 (a) the financial year commencing on 1 July 2018; or

 (b) the financial year commencing on 1 July 2019; or

 (c) the financial year commencing on 1 July 2020.

• The Minister may constitute an advisory committee to advise the ACMA.

205ZH  Grants

 (1) The ACMA may, on behalf of the Commonwealth, make a grant of financial assistance to:

 (a) a constitutional corporation that publishes a newspaper, magazine or other periodical; or

 (b) a content service provider (within the meaning of Schedule 7);

in respect of:

 (c) the financial year commencing on 1 July 2018; or

 (d) the financial year commencing on 1 July 2019; or

 (e) the financial year commencing on 1 July 2020.

 (2) A grant of financial assistance must not be made to a person under this section unless the person is party to an agreement under subsection 205ZJ(2).

 (3) The total amount of financial assistance granted under this section must not exceed $50,100,000.

 (4) Payments under this section are to be made out of money appropriated by the Parliament by another Act.

Note: The other Act will usually be an Annual Appropriation Act.

205ZJ  Terms and conditions for grants

Scope

 (1) This section applies to a grant of financial assistance under section 205ZH.

Terms and conditions

 (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the recipient.

 (3) An agreement under subsection (2) may be entered into by the ACMA on behalf of the Commonwealth.

Core condition

 (4) An agreement under subsection (2) must set out a condition to the effect that the recipient will spend the amount of the grant in connection with a matter specified in the agreement.

 (5) If the grant is made to the recipient in the recipient’s capacity as a constitutional corporation that publishes a newspaper, magazine or other periodical, the specified matter must concern the recipient’s activities, so far as those activities relate to the newspaper, magazine or other periodical.

 (6) If the grant is made to the recipient in the recipient’s capacity as a content service provider (within the meaning of Schedule 7), the specified matter must concern the recipient’s activities, so far as those activities relate to the provision of a content service (within the meaning of Schedule 7).

205ZK  Advisory committee

 (1) The Minister may constitute a committee to advise the ACMA in relation to the exercise of the ACMA’s powers under this Part.

 (2) In exercising its powers under this Part, the ACMA must have regard to any relevant advice given to it by the committee.

 (3) Subsection (2) does not, by implication, limit the matters to which the ACMA may have regard.

Remuneration

 (4) A member of the committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a member of the committee is to be paid such remuneration as the Minister determines in writing.

 (5) A member of the committee is to be paid such allowances as the Minister determines in writing.

 (6) Subsections (4) and (5) have effect subject to the Remuneration Tribunal Act 1973.

 (7) A determination made by the Minister under subsection (4) or (5) is a legislative instrument.

Sunsetting

 (8) The committee ceases to exist at the end of 30 June 2021.

205ZL  Annual report

  The Chair of the ACMA must include in the annual report on the ACMA given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a financial year mentioned in subsection 205ZH(1):

 (a) the name of each person who received one or more grants of financial assistance under section 205ZH in respect of the financial year; and

 (b) the amount of each of those grants; and

 (c) the purpose of each of those grants; and

 (d) any advice given during the financial year to the ACMA by the committee constituted under section 205ZK.

205ZM  Short title of amending Act does not limit the powers conferred by this Part

  To avoid doubt, the use of the expression “Regional and Small Publishers Innovation” in the short title of the Act that inserted this Part does not limit the powers conferred by this Part.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 6 December 2017

House of Representatives on 29 May 2018]

 

(281/17)

 

Overview

The Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018, enacted by the Parliament of Australia, aims to address the financial challenges faced by regional and small publishers in the rapidly evolving communications landscape. This Act amends the Broadcasting Services Act 1992 by introducing a Regional and Small Publishers Innovation Fund, which facilitates the provision of financial assistance to eligible publishers and content service providers for specific financial years. The overarching policy objective is to support the sustainability and innovation of regional and small publishers, ensuring the continued availability of diverse and high-quality content across Australia. The Minister has the authority to establish an advisory committee to provide guidance to the Australian Communications and Media Authority (ACMA) in the administration of these grants, further ensuring that the fund is used effectively to meet its intended goals.

Scope and Application

The Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018 is an Act of the Commonwealth of Australia designed to amend existing communications legislation. Specifically, this Act introduces amendments to the Broadcasting Services Act 1992, which is the primary piece of legislation governing broadcasting services in Australia. The Act commenced on 20 June 2018, the day after receiving Royal Assent. The Act applies to constitutional corporations that publish newspapers, magazines, or other periodicals, as well as content service providers, providing them with grants of financial assistance for specified financial years. The Australian Communications and Media Authority (ACMA) has the authority to make these grants on behalf of the Commonwealth, subject to agreements and terms and conditions outlined in the legislation. Additionally, the Minister may constitute an advisory committee to advise the ACMA, with the committee ceasing to exist by 30 June 2021. The total amount of financial assistance granted under this Act must not exceed $50,100,000.

Key Provisions

The key operative sections of the Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018 (Act) are sections 205ZG to 205ZM, which introduce Part 14F – Grants, into the Broadcasting Services Act 1992 (BSA). Section 205ZG establishes the outline of this new Part, permitting the Australian Communications and Media Authority (ACMA) to provide grants to certain publishers and content service providers for specified financial years. Section 205ZH details the eligibility criteria and conditions for these grants, while section 205ZJ outlines the terms and conditions for the grants, including the requirement for a written agreement between the Commonwealth and the recipient. Section 205ZK allows the Minister to constitute an advisory committee to advise the ACMA, and section 205ZL mandates that the Chair of the ACMA include specific information in the annual report given to the Minister. The Act imposes several obligations on the parties it governs. Firstly, the ACMA must ensure that any grant of financial assistance is made in accordance with the terms and conditions outlined in section 205ZJ. This includes entering into a written agreement with the recipient that specifies the purpose for which the grant will be spent. Secondly, if the Minister constitutes an advisory committee under section 205ZK, the ACMA must consider any advice provided by this committee when exercising its powers under Part 14F. Finally, the Chair of the ACMA must include specific information about grants made under section 205ZH in the annual report submitted to the Minister under section 205ZL. Failure to comply with the requirements of the Act can lead to civil or criminal consequences, although specific penalties are not detailed within the Act itself. Generally, breaches of the BSA can result in civil penalties for individuals and corporations, which may include fines up to $1,110,000 for corporations and $222,000 for individuals, as per the maximum penalties outlined in the BSA. Criminal penalties can also apply, with potential imprisonment terms varying based on the severity of the offence. The Act, however, does not explicitly state the penalties for breaches of its specific provisions.

Legal classification tags

Area of Law
Communications Law
Instrument
Act
Concepts
Commencement Provisions
Grants
Regulatory Standards

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.