Sue Lines (President) | Hansard source

I will now deal with the Communications Legislation Amendment (Regional Broadcasting Continuity) Bill 2024. The question is that the bill be now read a second time.

Question agreed to.

Bill read a second time.

I will now deal with the Committee of the Whole amendments circulated by the Australian Greens. The question is that the Australian Greens amendments on sheets 2754 and 2755 be agreed to.

Australian Green s' circulated amendments—

SHEET 2754

(1) Clause 1, page 1 (line 6), after "Continuity", insert "and Prohibition of Gambling Advertisements".

(2) Clause 2, page 2 (table item 1), omit the table item, substitute:

(3) Schedule 1, heading, page 3 (line 1), omit "Amendments", substitute "Regional Broadcasting Continuity".

(4) Page 9 (after line 30), at the end of the Bill, add:

Schedule 2 — Prohibition of gambling advertisements

Part 1 — Prohibition of gambling advertisements

Broadcasting Services Act 1992

1 Paragraph 3(1)(hb)

Repeal the paragraph, substitute:

(hb) to prohibit the broadcasting of gambling advertisements on certain television and radio broadcasting services; and

(hc) to prohibit the provision of gambling advertisements on certain online content services; and

2 Paragraph 3(1)(ia)

Omit "gambling promotional content provided on online content services", substitute "gambling advertisements that are prohibited from being broadcast or provided".

3 Subsection 3(2)

Repeal the following definitions:

(a) definition of gambling promotional content;

(b) definition of online content service provider.

4 Subsection 4(3AB)

Repeal the subsection.

5 Subsection 4(4)

Repeal the following definitions:

(a) definition of gambling promotional content;

(b) definition of online content service provider.

6 Subsection 6(1) (definition of gambling promotion program standard )

Repeal the definition.

7 Subsection 6(1) (definition of program standards )

Omit ", and includes a gambling promotion program standard".

8 After section 121H

Insert:

121J Prohibition on broadcasting gambling advertisements

Application of section

(1) This section applies to the following persons (a broadcaster):

(a) a commercial television broadcasting licensee;

(b) a commercial radio broadcasting licensee;

(c) a subscription television broadcasting licensee;

(d) a person providing a subscription radio broadcasting service under a class licence.

Prohibition

(2) A broadcaster must not broadcast a gambling advertisement.

Exception accidental or incidental broadcast

(3) Subsection (2) does not apply in relation to the broadcasting of a gambling advertisement if:

(a) the gambling advertisement is broadcast as an accidental or incidental accompaniment to the broadcasting of other matter; and

(b) the broadcaster does not receive any direct or indirect benefit (whether financial or not) for broadcasting the gambling advertisement (in addition to any direct or indirect benefit that the broadcaster receives for broadcasting other matter).

Implied freedom of political communication

(4) This section has no effect to the extent (if any) that its operation would infringe any constitutional doctrine of implied freedom of political communication.

(5) Subsection (4) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act.

Acquisition of property

(6) This section has no effect to the extent (if any) to which its operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

Definitions

(7) In this section:

gambling advertisement has the same meaning as in Schedule 8.

9 Section 125A

Repeal the section.

10 Subsection 204(3)

Repeal the subsection.

11 After paragraph 7(1)(aa) of Schedule 2

Insert:

(ab) the licensee will comply with section 121J (prohibition on broadcasting gambling advertisements);

12 After paragraph 8(1)(a) of Schedule 2

Insert:

(aa) the licensee will comply with section 121J (prohibition on broadcasting gambling advertisements);

13 After paragraph 10(1)(a) of Schedule 2

Insert:

(aa) the licensee will comply with section 121J (prohibition on broadcasting gambling advertisements);

14 After paragraph 11(1)(ab) of Schedule 2

Insert:

(ac) in the case of a person who provides a subscription radio broadcasting service—the person will comply with section 121J (prohibition on broadcasting gambling advertisements);

15 Clause 1 of Schedule 8

Omit:

substitute:

16 Clause 1 of Schedule 8

Omit:

substitute:

(a) the prohibition on the provision of gambling advertisements; or

(b) the online content service provider rules.

17 Clause 2 of Schedule 8

Repeal the following definitions:

(a) definition of commentator betting odds promotion;

(b) definition of conclusion.

18 Clause 2 of Schedule 8

Insert:

gambling advertisement has the meaning given by clause 17A.

19 Clause 2 of Schedule 8

Repeal the following definitions:

(a) definition of gambling promotional content;

(b) definition of gambling service provider;

(c) definition of in conjunction with;

(d) definition of representative venue-based promotion;

(e) definition of scheduled start;

(f) definition of sporting event.

20 Part 3 of Schedule 8 (heading)

Omit "promotional content", substitute "advertisements".

21 Division 1 of Part 3 of Schedule 8

Repeal the Division, substitute:

Division 1 — Provision of gambling advertisements prohibited on certain online content services

13 Prohibition on providing gambling advertisements

(1) This section applies to the following kinds of online content service (a relevant online content service):

(a) an online content service that delivers content that consists of coverage of a sporting event (whether or not the coverage is live);

(b) an online content service that consists of an on-demand program service (within the meaning of the Online Safety Act 2021).

(2) An online content service provider must not provide a gambling advertisement on a relevant online content service.

(3) Subclause (2) does not apply in relation to the provision of a gambling advertisement if:

(a) the gambling advertisement is provided as an accidental or incidental accompaniment to the provision of other matter; and

(b) the online content service provider does not receive any direct or indirect benefit (whether financial or not) for providing the gambling advertisement (in addition to any direct or indirect benefit that the online content service provider receives for providing other matter).

22 Paragraph 17(2)(a) of Schedule 8

Omit "promotional content", substitute "advertisements".

23 After clause 17 of Schedule 8

Insert:

17A Gambling advertisement

For the purposes of this Schedule, gambling advertisement means any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote the following:

(a) gambling;

(b) a gambling service in general;

(c) the whole or part of a trade mark in respect of a gambling service;

(d) a domain name or URL that relates to a gambling service;

(e) any words, abbreviations, initials or numbers that are closely associated with a gambling service (whether also closely associated with other kinds of services or products);

but does not include a designated interactive gambling service advertisement (within the meaning of Part 7A of the Interactive Gambling Act 2001).

24 Clauses 19 to 23 of Schedule 8

Repeal the clauses.

25 Subclause 24(1) of Schedule 8

After "contravened", insert "clause 13 of this Schedule or".

26 Clause 25 of Schedule 8 (heading)

Before "the online", insert "clause 13 and".

27 Subclause 25(1) of Schedule 8

Repeal the subclause, substitute:

(1) An online content service provider must not contravene:

(a) clause 13 of this Schedule; or

(b) the online content service provider rules.

28 Clause 26 of Schedule 8 (heading)

Before "the online", insert "clause 13 and".

29 Subclauses 26(1), (2) and (3) of Schedule 8

Before "the online content service provider rules" (wherever occurring), substitute "clause 13 of this Schedule or".

30 Application provision

The amendments made by items 11 to 14 of this Part apply, on and after the commencement of this item, in relation to a licence regardless of when the licence was allocated.

Part 2 — Staged implementation of prohibition of gambling promotional content

31 Definitions

In this Part:

broadcaster means the following persons (within the meaning of the Broadcasting Services Act 1992):

(a) a commercial television broadcasting licensee;

(b) a commercial radio broadcasting licensee;

(c) a subscription television broadcasting licensee;

(d) a person providing a subscription radio broadcasting service under a class licence.

commentator betting odds promotion has the same meaning as in Schedule 8 to the Broadcasting Services Act 1992.

commercial radio broadcasting licensee means the holder of a commercial radio broadcasting licence (within the meaning of the Broadcasting Services Act 1992).

gambling promotional content has the same meaning as in Schedule 8 to the Broadcasting Services Act 1992.

live, in relation to a sporting event, has the same meaning as in Schedule 8 to the Broadcasting Services Act 1992.

Minister means the Minister administering the Broadcasting Services Act 1992.

news and current affairs programs has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

online content service has the same meaning as in Schedule 8 to the Broadcasting Services Act 1992.

sporting event has the same meaning as in Schedule 8 to the Broadcasting Services Act 1992.

32 Minister must make rules for staged implementation of prohibition of gambling promotional content

(1) The Minister may, by legislative instrument, make rules providing for a prohibition of gambling promotional content.

(2) As soon as practicable after the commencement of this item, the Minister must make rules under subitem (1) to provide for the prohibition of:

(a) the broadcast of gambling promotional content by broadcasters:

(i) that is intended to induce gambling; and

(ii) during news and currents affairs programs; and

(b) the provision of gambling promotional content by online content service providers:

(i) that is intended to induce gambling; and

(ii) during news and currents affairs programs; and

(c) the broadcast of gambling promotional content about online gambling by commercial radio broadcasting licensees at the following times:

(i) the period beginning at 8:30 am and ending at 9:00 am;

(ii) the period beginning at 3:30 pm and ending at 4:00 pm.

(3) Within 12 months of the commencement of this item, the Minister must make rules under subitem (1) to provide for the prohibition of the following:

(a) by broadcasters—the broadcast of:

(i) gambling promotional content; and

(ii) commentator betting odds promotion;

(b) by online content service providers—the provision of:

(i) gambling promotional content; and

(ii) commentator betting odds promotion;

during the period beginning one hour before the start of live coverage of a sporting event and ending one hour after the end of live coverage of a sporting event.

(4) Within 2 years of the commencement of this item, the Minister must make rules under subitem (1) to provide for the prohibition of the following during the period beginning at 6:00 pm and ending at 10:00 pm:

(a) the broadcast of gambling promotional content by broadcasters;

(b) the provision of gambling promotional content by online content service providers.

_____

SHEET 2755

(1) Clause 1, page 1 (line 6), after "Continuity", insert "and Anti-Siphoning".

(2) Clause 2, page 2 (table item 1), omit the table item, substitute:

(3) Schedule 1, heading, page 3 (line 1), omit "Amendments", substitute "Regional Broadcasting Continuity".

(4) Page 9 (after line 30), at the end of the Bill, add:

Schedule 3 — Expansion of anti-siphoning scheme

Broadcasting Services Act 1992

1 Section 146S

Omit the section, substitute:

146S Simplified outline

anti-siphoning list

2 Section 146T (after the definition of Australia )

Insert:

broadcasting video on demand service has the same meaning as in Part 9E.

comprehensive coverage of an event means coverage via both:

(a) television; and

(b) a broadcasting video on demand service.

3 Subsection 146V(1)

Omit "televising", substitute "coverage".

4 Subsection 146V(3)

Omit "televise", substitute "provide comprehensive coverage of".

5 Subsection 146V(5)

Omit the examples, substitute:

Examples: The following are examples of situations in which the Minister might exercise the power to remove an event from the anti-siphoning list:

(a) The national broadcasters and commercial television broadcasting licensees have had a real opportunity to acquire the right to provide comprehensive coverage of an event, but none of them has acquired the right within a reasonable time. The Minister is of the opinion that removing the event from the list is likely to have the effect that the event will receive a greater level of media coverage than if it remained in the list;

(b) A commercial television broadcasting licensee has acquired the right to provide comprehensive coverage of an event, but has failed to provide coverage of the event or has covered only an unreasonably small proportion of the event. The Minister is of the opinion that removing that event, or another event, from the list is likely to have the effect that the removed event will receive a greater level of media coverage than if it remained in the list.

6 Section 146W (heading)

Omit the heading, substitute:

146W Coverage of events in anti-siphoning list should be provided for free

7 Subsection 146W(2)

Omit the subsection, substitute:

(2) A media content service provider must not acquire the right to provide coverage of the whole or a part of an event that is included in the anti-siphoning list to end-users in Australia unless:

(a) a national broadcaster has the right to provide comprehensive coverage of the whole or a part of the event; or

(b) both of the following apply:

(i) one or more commercial television broadcasting licensees (other than licensees who hold licences allocated under section 38C or subsection 40(1)) have the right to provide comprehensive coverage of the whole or a part of the event;

(ii) the television broadcasting services of that licensee, or of those licensees, cover a total of more than 50% of the Australian population.