EXPLANATORY STATEMENT
Parliamentary Proceedings Broadcasting Regulations (Amendment)
Statutory Rule No. 17 of 1989
Issued by the Authority of the Minister for Telecommunications and Aviation Support
Section 17 of the Parliamentary Proceedings Broadcasting Act 1946 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which, by the Act, are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 4 of the Act provides that the Australian Broadcasting Corporation (the ABC) shall broadcast parliamentary proceedings over a national broadcasting station in each State capital city and Newcastle, and over such other national broadcasting stations as are prescribed.
Regulation 2 of the Parliamentary Proceedings Broadcasting Regulations previously provided that the medium wave national broadcasting station in the Australian Capital Territory known as “2CY” was prescribed for the purposes of section 4 of the Act.
The Minister and the Joint Committee on the Broadcasting of Parliamentary Proceedings agreed to the ABC proposal to transfer the broadcasting of parliamentary proceedings to the ABC’s standby transmitter network from the beginning of the Autumn Sittings of Parliament in 1989.
The amending regulation substitutes a new regulation 2 to provide that the national broadcasting station in the Australian Capital Territory known as ‘2PB’ is prescribed for the purposes of section 4 of the Act.
Overview
The Parliamentary Proceedings Broadcasting Regulations (Amendment) Statutory Rule No. 17 of 1989, enacted by the Minister for Telecommunications and Aviation Support, amends the Parliamentary Proceedings Broadcasting Regulations to address the need for updating the broadcasting arrangements for parliamentary proceedings. The original regulations specified that the medium wave national broadcasting station in the Australian Capital Territory known as “2CY” would be used for this purpose. However, the Australian Broadcasting Corporation proposed a change to broadcast parliamentary proceedings via their standby transmitter network. This change aligns with the objective of ensuring the efficient and effective dissemination of parliamentary activities to the public, as outlined in the Parliamentary Proceedings Broadcasting Act 1946. The regulation reflects the agreement between the Minister and the Joint Committee on the Broadcasting of Parliamentary Proceedings, aiming to facilitate the transition from the old broadcasting station “2CY” to the new “2PB” to accommodate the Autumn Sittings of Parliament in 1989.
Scope and Application
The Parliamentary Proceedings Broadcasting Regulations (Amendment) Statutory Rule No. 17 of 1989 applies to the Australian Broadcasting Corporation, specifically in relation to the broadcasting of parliamentary proceedings. The amendment concerns the change in the designated national broadcasting station for this purpose, from the medium wave station “2CY” to the standby transmitter network “2PB” in the Australian Capital Territory. This change aligns with the decision made by the Minister for Telecommunications and Aviation Support and the Joint Committee on the Broadcasting of Parliamentary Proceedings to adopt the ABC's proposal for the transfer of broadcast responsibilities. The amendment is made under the authority granted by Section 17 of the Parliamentary Proceedings Broadcasting Act 1946, ensuring that the new regulations do not conflict with the overarching provisions of the Act. The amendment has a national reach, as it involves the broadcasting of parliamentary proceedings across capital cities and Newcastle, in accordance with the Act’s requirements. The change does not alter the fundamental obligations of the ABC but rather adjusts the specific technical means by which these obligations are fulfilled.
Key Provisions
The main operative sections of the Parliamentary Proceedings Broadcasting Regulations (Amendment) Statutory Rule No. 17 of 1989 primarily concern the alteration of the prescribed national broadcasting stations for the transmission of parliamentary proceedings in Australia. Specifically, Section 17 of the Parliamentary Proceedings Broadcasting Act 1946 (the Act) allows for the regulation to make provisions for matters required or permitted by the Act, and Section 4 mandates that the Australian Broadcasting Corporation (ABC) shall broadcast these proceedings over specified national broadcasting stations. Regulation 2, as amended, now prescribes the national broadcasting station in the Australian Capital Territory known as '2PB' for these purposes, replacing the previous medium wave station '2CY'. This change aligns with the agreement between the Minister and the Joint Committee on the Broadcasting of Parliamentary Proceedings to transfer the broadcasting to the ABC's standby transmitter network.
The obligations imposed by this amendment require the ABC to ensure that parliamentary proceedings are broadcast over the newly prescribed national broadcasting station '2PB'. This entails technical adjustments to the broadcasting infrastructure and maintaining the quality and reliability of the signal to fulfil the statutory requirement of broadcasting these proceedings in each State capital city and Newcastle, as stipulated in the Act. The ABC must also comply with any additional requirements or guidelines that may be issued under the authority of the Minister for Telecommunications and Aviation Support to facilitate the smooth implementation of this change.
The amendment does not explicitly introduce new offences or penalties, but breaches of the Act's requirements can lead to significant consequences. Under Section 7 of the Parliamentary Proceedings Broadcasting Act 1946, failure to comply with the broadcasting obligations may result in civil or criminal penalties, including fines or other sanctions. Although the precise penalties are not specified in the amending regulation, the seriousness of ensuring the public's access to parliamentary proceedings implies that the penalties could be substantial. The Minister retains the authority to enforce compliance and address any breaches, ensuring that the statutory intent of broadcasting parliamentary proceedings is upheld.