Senate debates
Thursday, 10 August 2006
Notices
Presentation
Senator Bartlett to move on the next day of sitting:
- That the following bill be introduced: A Bill for an Act to remove unnecessary and unjust ministerial discretion relating to assessments of the character and conduct of visa applicants, and for related purposes. Migration Legislation Amendment (Provisions Relating to Character and Conduct) Bill 2006.
Senator Siewert to move on the next day of sitting:
- That, in recognition of Australia’s growing water management issues and the role that recycling may be able to play in helping to sustainably meet the demands for water, the Senate urges the Government to establish a full-scale demonstration water recycling plant as part of an initiative to inform decision-making on Australia’s future water sources.
9:32 am
John Watson (Tasmania, Liberal Party) Share this | Link to this | Hansard source
On behalf of the Standing Committee on Regulations and Ordinances, I give notice that, 15 sitting days after today, I shall move:
That the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2006, made under subsection 125(2) of the Broadcasting Services Act 1992, be disallowed.
I seek leave to incorporate in Hansard a short summary of matters raised by the committee.
Leave granted.
The summary read as follows—
Broadcasting Services (Anti-Terrorism Requirements for Open Narrowcasting Television Services) Standard 2006
Sections 6 and 7 in each of this Standard prohibits a licensee from broadcasting programs that could reasonably be construed either as recruiting people to join terrorist organisations, or as soliciting funds for such organisations. A, licensee will be in breach of these standards regardless of whether the licensee knows that the program could reasonably be construed in this way. The Explanatory Statement does not indicate why the element of the licensee’s knowledge has not been included in sections 6 and 7.
Notwithstanding sections 6 and 7, section 9 permits a licensee to broadcast a program that “merely gives information about, or promotes the beliefs or opinions of, a terrorist organisation”. If section 9 is intended to operate as a defence against an apparent breach of sections 6 or 7 it is not clear whether the licensee bears the burden of establishing that the program merely gives information or promotes certain beliefs.
The Minister has responded to the Committee advising that the omission of the element of the licensee’s knowledge in sections 6 and 7 is intentional to ensure licensees vet or view programs making an informed assessment about them before they are broadcast. Section 9 is not a defence against breaches of sections 6 or 7 but is an exemption for licensees providing broadcasts that are deemed merely informative. The Committee has written to the Minister seeking further clarification about the relationship between sections 6, 7 and 9.