Special Broadcasting Service Act 1991

Overview

The Special Broadcasting Service Act 1991 was enacted to establish and govern the Special Broadcasting Service (SBS), Australia's national multilingual and multicultural broadcasting and digital media service. This Act was passed by the Parliament of Australia to address the need for a dedicated broadcasting service that would cater to the diverse cultural and linguistic needs of Australia's population, including ethnic, Aboriginal, and Torres Strait Islander communities. The primary objective of the Act is to ensure that the SBS provides services that inform, educate, and entertain all Australians, reflecting the country's multicultural society and contributing to the retention and development of language and other cultural skills. The Act outlines the functions, management, and operational framework of the SBS, including the establishment of a Board of Directors responsible for overseeing the service's activities and ensuring compliance with its Charter.

Scope and Application

The Special Broadcasting Service Act 1991 governs the establishment, functions, management, and operations of the Special Broadcasting Service (SBS) in Australia. This Act applies to the SBS Corporation, its Board of Directors, the Managing Director, and all staff employed by the SBS. It delineates the roles, responsibilities, and powers of these entities, ensuring that the SBS fulfills its charter obligations to provide multilingual and multicultural broadcasting and digital media services that inform, educate, and entertain all Australians, reflecting the nation's multicultural society. The Act extends to all Commonwealth external territories and includes provisions for the SBS to engage in advertising and sponsorship on its broadcasting and digital media services, subject to guidelines set by the Board. The SBS is exempt from taxation under Commonwealth, State, or Territory laws but must adhere to specific regulations regarding the broadcasting of political and controversial matters, particularly during elections and referendums. The Act also outlines financial provisions, including the appropriation of money, borrowing capabilities, and the application of funds, ensuring that the SBS can operate efficiently and economically. Amendments to the Act have been made over the years to align with evolving broadcasting standards, technologies, and regulatory frameworks.

Key Provisions

• The Special Broadcasting Service Act 1991 establishes the legal framework for the Special Broadcasting Service (SBS), outlining its functions, governance structure, and operational guidelines. The SBS is mandated to provide multilingual and multicultural broadcasting and digital media services that inform, educate, and entertain all Australians, reflecting the nation's multicultural society. The Act specifies that the SBS must contribute to meeting the communications needs of multicultural communities, increase awareness of cultural diversity, and promote understanding and acceptance of Australia’s diverse cultures.
• The governance of the SBS is overseen by the Special Broadcasting Service Board, which includes the Managing Director, the Chairperson, and several non-executive Directors. The Board is tasked with setting the objectives, strategies, and policies for the SBS, ensuring that it operates efficiently and economically for the benefit of Australians. The Managing Director is responsible for the day-to-day management of the SBS, acting in accordance with the Board's policies and directions.
• The Act also imposes obligations on the Board and the Managing Director to maintain the independence and integrity of the SBS, develop programming policies that are accurate and balanced, and ensure that the SBS does not contravene any laws or directions given by the Minister. The Board must also develop and publicise codes of practice relating to programming and, if applicable, datacasting services, and notify these to the Australian Communications and Media Authority (ACMA).
• Breaches of the Act or its provisions can result in civil or criminal penalties. For example, the Act prohibits the SBS from broadcasting certain types of political or controversial matter during specified periods, such as election periods or referendums. Failure to comply with these provisions can result in the imposition of fines or other penalties as determined by the relevant legislation, such as the Commonwealth Electoral Act 1918. Additionally, the Act mandates that the SBS must keep records of certain broadcasts and provide these to the ACMA upon request, with failure to do so potentially resulting in further penalties.
• Furthermore, the Act stipulates that the SBS is exempt from taxation under any law of the Commonwealth, a State, or a Territory, ensuring that the SBS can operate without the financial burden of taxes, which could otherwise impact its ability to provide diverse broadcasting services. The Act also allows the SBS to engage in various financial activities, such as borrowing money and entering into hedging contracts, to manage its financial risks effectively. However, these activities are subject to specific guidelines and regulatory oversight to ensure they do not compromise the SBS's independence and integrity.
• In summary, the Special Broadcasting Service Act 1991 provides a comprehensive legal framework that governs the establishment, functions, governance, and operational guidelines of the SBS, ensuring that it can effectively serve the diverse needs of Australia's multicultural society.

Legal classification tags

Area of Law

Broadcasting & Media Law

Commercial Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Advertising and Sponsorship

Enforcement Powers

Regulatory Standards