Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

The committee is considering the Communications Legislation Amendment (Online Content Services and Other Measures) Bill 2017 and amendments (1) to (4) on sheet 8395, moved by Senator Griff. The question is that the amendments as moved by Senator Griff be agreed to.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

I do admit to being slightly Delphic last night, but that was on account of never wanting to presume the determinations of our party room. We had a party room meeting this morning. As I indicated last night, the Senate had offered an opinion as to what should happen in this matter, and I said the government would be cognisant of that. The government has been cognisant of that, so I can advise colleagues that the Turnbull government will introduce legislation tomorrow into the House of Representatives to ban betting on lotteries and keno games.

The government has formed the view that permitting betting on these services, also known as synthetic lotteries, does undermine the longstanding community acceptance of official lottery and keno products. These products enjoy community support, as they generate an income stream for small retail businesses and make a significant contribution, through licence fees and taxation, to the provision of public services and infrastructure by state and territory governments. Traditional lotteries and keno games are popular and longstanding recreational gambling products that form an important income stream for thousands of small businesses across Australia, including newsagents, pharmacies, pubs and community clubs. They also generate significant taxation revenue for territory and state governments, helping to fund schools, hospitals, public transport and roads.

Online services offering products that involve betting on lottery outcomes are relatively new and have generated considerable community concern. Since these concerns were first raised last year, the government has listened carefully to a range of groups that have views on the undesirability of permitting betting on these products.

Many Australians enjoy lotteries and keno as a recreational activity, and the government is committed to ensuring that gambling takes place under a robust legislative framework with strong consumer protections and within the boundaries of community standards. The legislation will commence operation six months after its passage through the parliament to ensure that those businesses currently offering online betting on lotteries and keno have an appropriate transition period within which to cease their activity.

I might just cast back a little bit. A number of colleagues in this place last year—Liberal colleagues, Nationals colleagues and Pauline Hanson's One Nation, who have been very active in this area—raised the issue of the synthetic lotteries and the fact that they were causing considerable concern at that stage, particularly to newsagents. As a result, I wrote to the Northern Territory gaming minister to raise these concerns, as Lottoland is registered in the Northern Territory. Subsequent to that, it was announced by the Northern Territory that betting on lotteries in Australia would not be permitted under that licence. But there was, however, still the capacity for bets to be placed on the outcomes of overseas lotteries, and also there was the emergence of betting on the outcome of keno. This is something that was of concern to pubs and clubs, and representative bodies such as the Australian Hotels Association, so that's something that we looked at very seriously. As I say, it's something that numbers of colleagues, including Senator Hanson, raised with the government. We have taken a look at it, and, as I indicated, it is the decision of the government to introduce legislation tomorrow into the House of Representatives to ban betting on lotteries and keno games.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

The advertising ban we will have on gambling comes into effect at the end of the month, and that applies to synthetic lotteries, as it does to other gambling products during live sport—obviously, that will come into effect and it will apply to the synthetic lotteries. Six months from the passage of this legislation, which will ban betting on lotteries and keno games, they will no longer occur.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I would like to move two lots of Greens amendments on sheet 8367. Senator Hinch last night requested that they be moved separately, and I'm happy to do that. I will be moving amendments (1) to (6) and then moving amendments (9) and (16).

These amendments relate to issues I've spoken about—as did Senator Whish-Wilson in his speech, and as was in much of the debate last night—in relation to the exemption given in this current legislation that still allows Foxtel subscription services to show gambling ads on their channels, based on audience numbers. We find this ridiculous. If we agree that gambling ads should not be shown during live sporting events, they shouldn't, full stop. That's it. It should be the end of the story. There should be no exemptions just because some of those shows or some of those events are shown on a pay TV subscription channel.

The other part of the amendments deals with the issue of the cut-off time. This legislation provides for gambling ads not to be shown for five minutes before and after play starts. We believe that that is not sufficient to ensure that we protect children and minimise the harm done by these insidious gambling adverts which push gambling down the throats of children, the desire of the disgusting gambling barons being to breed an entirely new generation of gambling addicts. That's what these companies want to do. They want to rip money out of the pockets of families, rip money off the community, for their own profits—making profits from people's misery. They don't give two hoots about whether it's done to children or adults, but they like children because they like having the influence that can create a lifetime of gambling addiction. That's the business model of these big gambling corporations—people who make profits out of other people's gambling addiction, which, of course, we know is an illness and a sickness. They like to get the kids, because they think they have victims for life. That's how these disgusting corporations and companies think.

So, in order to deal with that, we think that at the very least gambling ads should not be played within the period 30 minutes before the start of the actual match. That captures the pre-match programming, whether it's entertainment or commentary, as the kids are gathering around the television and families are getting together in the lounge room or wherever it is they're watching and getting ready for the game to start. Children should be protected from these gambling ads once and for all. Of course, I've said over and over again that the Greens would prefer there to be no gambling ads on television. We think there is no need for it. We think it is a revolting industry; it is a parasite sucking on people who are vulnerable. People could be much better protected if this legislation actually banned gambling advertising outright, but it doesn't. So what we're trying to do is strengthen what is a pretty weak piece of legislation and ensure there aren't loopholes to play with the time zones and loopholes in relation to audience numbers on channels. I will take advice from the chair as to how we vote on those amendments separately, but that is what I would like to move.

The CHAIR: Senator Hanson-Young, the suggestion from the chair is that you seek leave to move all the amendments together and then we separate them out as you've requested. I just want to confirm that you are seeking to particularly separate (9) and (16). So, if we're putting two questions, the first question will be on amendments (1) to (8) and (10) to (15).

That's correct.

The CHAIR: You have leave to move them all together and we will separate them as described.

by leave—I move Greens amendments (1) to (16) on sheet 8367 together:

(1) Schedule 1, item 7, page 4 (line 16), at the end of subsection 4(3AB), add:

and; (e) does not take into account the number of end-users of online content services.

(2) Schedule 1, item 7, page 4 (after line 16), after subsection 4(3AB), insert:

(3AC) Despite subsection (1), the Parliament also intends that gambling promotional content provided in conjunction with live coverage of sporting events on broadcasting services, datacasting services, internet services or online content services be regulated in a manner that is consistent across the range of those services.

(3) Schedule 1, item 8, page 4 (before line 19), before the definition of gambling promotional content, insert:

coverage has the same meaning as in Schedule 8.

(4) Schedule 1, item 8, page 4 (before line 21), before the definition of online content service, insert:

in conjunction with, when used in relation tolive coverage of a sporting event, has the same meaning as in Schedule 8.

live, in relation to coverage of a sporting event, has the same meaning as in Schedule 8.

(5) Schedule 1, item 8, page 4 (after line 23), after the definition of online content service provider, insert:

sporting event has the same meaning as in Schedule 8.

(6) Schedule 1, page 5 (after line 7), after item 12, insert:

12A After subsection 123(4)

Insert:

(4A) Despite subsection (4), if:

(a) a group representing a particular section of the broadcasting industry develops a code of practice to be observed in the conduct of the broadcasting operations of that section of the industry; and

(b) the code covers the provision of gambling promotional content by that section of the industry;

the ACMA must not include the code in the Register of codes of practice unless the ACMA is satisfied that the code is consistent with the objects of this Act and the regulatory policy set out in section 4.

(4B) If:

(a) a group representing a particular section of the broadcasting industry amends a code of practice to be observed in the conduct of the broadcasting operations of that section of the industry; and

(b) the amendments relate to the provision of gambling promotional content by that section of the industry; and

(c) the ACMA is not satisfied that the amendments are consistent with the objects of this Act and the regulatory policy set out in section 4;

the ACMA may remove the code from the Register of codes of practice.

(7) Schedule 1, item 13, page 5 (after line 21), after subsection 125A(3), insert:

(3A) Despite anything in section 44 of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a direction under subsection (1) of this section.

(8) Schedule 1, item 13, page 8 (line 21), omit "5 minutes", substitute "30 minutes".

(9) Schedule 1, item 13, page 8 (line 23), omit "5 minutes", substitute "30 minutes".

(10) Schedule 1, item 13, page 9 (after line 3), after subsection 125A(14), insert:

Audience share not relevant

(14A) A gambling promotion program standard must not make provision for or in relation to a matter by reference to the size of the audience of a broadcast.

(11) Schedule 1, item 22, page 23 (after line 5), after subclause 13(4), insert:

Number of end -users not relevant

(4A) The online content service provider rules must not make provision for or in relation to a matter by reference to the number of end-users of an online content service provider.

(12) Schedule 1, item 22, page 24 (lines 12 and 13), omit paragraph 15(5)(a).

(13) Schedule 1, item 22, page 24 (lines 25 and 26), omit paragraph 15(6)(a).

(14) Schedule 1, item 22, page 25 (lines 1 to 18), omit subclauses 15(7) to (10).

(15) Schedule 1, item 22, page 29 (line 3), omit "5 minutes", substitute "30 minutes".

(16) Schedule 1, item 22, page 29 (line 5), omit "5 minutes", substitute "30 minutes".

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

I just indicate, as I canvassed these issues last night, that the government won't be supporting the amendments.

The CHAIR: The question is that the amendments as moved by Senator Hanson-Young on sheet 8367, amendments (1) to (8) and (10) to (15), be agreed to.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

The question is that amendments (9) and (16) on sheet 8367 be agreed to.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

If someone were tuned in listening to Senator O'Neill's contribution, they could have been forgiven for believing that the SBS and the ABC are sovereign states. They're not. They are creations of this parliament and operate within the laws that this parliament determines. And the parliament determines different laws from time to time.

In moving this amendment, the opposition is signalling that its policy is that weaker gambling advertising restrictions should apply to SBS than would apply to all other online content service providers. Legislating an exemption for SBS would distort competitive neutrality, as SBS would be able to self-regulate and all other online content service providers would be subject to direct regulation of gambling promotions during live coverage of sporting events.

A key objective of the government's policy is for the same or similar restrictions to apply across all broadcast, subscription and online platforms on which gambling promotions are provided in conjunction with live coverage of sporting events to ensure consistency for viewers and ensure that no content provider is at a competitive or regulatory disadvantage or advantage as a result of the restrictions. The government acknowledges the importance of independence for public broadcasters. However, this does not mean that rules that limit social harm arising from exposure to gambling promotions should not apply to the SBS. As I referred to before, SBS has independence within the parameters set by the parliament. This does not mean, and it has never meant, that SBS is free to do whatever it likes. In no way, shape or form can this legislation be seen to be attacking the editorial independence of the SBS. The SBS is already subject to other legislation aimed at preventing social harm from advertising, such as the ban on tobacco advertising. It's also subject to election advertising regulation, so seeking to apply these restrictions to SBS is an appropriate measure for which there is precedent.

The ACMA will be given power to grant individual or class exceptions for online content service providers or particular online content services, and SBS may apply for such an exemption, so a legislative exemption for SBS is unnecessary. The government can't support a proposition that SBS not be subject to the same rules that will apply to all other online content service providers.

I note in conclusion that Save Our SBS, which is, I guess, the analogous organisation to the Friends of the ABC, does not support the Australian Labor Party's amendment and does support the government's proposition in this regard.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I rise to say that the Greens will be supporting this amendment put forward by the opposition. We do so for one main reason—that is, we are extremely concerned at the attitude and rise of antagonism of this government and certain members in this place towards our public broadcasters. We know that there are some people—even some on the crossbench, also known as One Nation and Senator Pauline Hanson—who believe that our public broadcasters shouldn't exist and that they don't deserve funding, let alone the independence to make their own editorial decisions or indeed managerial decisions. They would prefer, of course, that our public broadcasters were punished for the stories that they write and broadcast in relation to things that perhaps One Nation and Senator Pauline Hanson do—glass jaws, I would put to you, Chair, from the leader of One Nation in relation to particularly the ABC but also the SBS.

We've heard from the SBS managing director and the board, very clearly, that they have the full intention of abiding by the will of the parliament in relation to banning gambling ads during live sport. In fact the SBS have taken many other principled positions on not showing advertising—for example, alcohol advertising on NITV. They've made a decision that that is not in the interests of their audience and it's not within public and community expectations. They are a broadcaster that are already going above and beyond what is expected and what is required of them.

We know that, as a matter of principle, there has been attack after attack after attack from some within the government, particularly the likes of the former Prime Minister, Mr Tony Abbott, who just can't stand the ABC and just can't stand SBS. Every opportunity that that bloke gets to attack our public broadcasters, he takes. And of course he's still wielding great power and influence within the benches of the government, despite the fact that he hasn't been Prime Minister for a number of years. He still wields power in that party because of the right-wing rump that are left on the coalition benches. They can't stand our public broadcasters. They hate them with a passion. Why? Because they're trusted. Their news reporting is trusted. They're loved by the Australian people. It is public money well spent—that is what the Australian voters and public think, over and over again. When you look at the public perception of SBS and ABC at a time when media reporting, politics and business are all on the nose, which institutions overwhelmingly get the biggest tick of approval for truth and integrity? Well, I'll tell you: over and over and over again, it comes down to the ABC and SBS, our public broadcasters. We should be finding more ways to support them, as opposed to cut after cut after cut.

SBS, of course, has been under the knife from this coalition government from day dot. Sixty million dollars has effectively been cut from its budgets in the last few years. Yet of course, as we know, the minister and his government are willing to hand out public money—$30 million—to Murdoch's Foxtel, while our public broadcasters get cut over and over again.

This amendment is at least one way of ensuring that we in this place, in the Senate, are going to stand strong for our public broadcasters and for the Australian people who believe in the importance and the public interest of our public broadcasters and in the need for our media institutions to have the shining light of integrity that our public broadcasters carry and continue to carry, at a time when other media outfits right across the country and the world are looking shabbier and shabbier day by day. This amendment goes some way to say: 'You know what? The Senate actually cares about the independence of our public broadcasters and their ability to get on with their jobs.'

SBS have been very clear. They don't want to run gambling ads on live sport. They're not interested. They don't want to do it. But they want to be able to ensure that this isn't just another cut to their independence and an attack on their integrity, which we know the government are incredibly obsessed with because of the right-wing rump on their benches and, of course, because of the deals that they have to keep finding themselves in with One Nation and Senator Pauline Hanson, who is most upset with our public broadcasters because they report on things that she says and then doesn't deliver on, or they report on things that she has said she didn't do but has done. The ABC and the SBS report on stories which she doesn't like. Well, we're all politicians in this place, and sometimes the media write stories that we don't like. That doesn't mean you turn around when you're at the negotiating table with the government and say: 'Hey, let's shut up those journalists at the ABC or SBS. That's what I want. You want our vote for tax cuts? Well, shut up the ABC and SBS.' That is the type of negotiation that is going on here between this Turnbull government and One Nation and their leader, Senator Pauline Hanson. They hate the ABC because the ABC speaks the truth. They hate the SBS because the SBS reports on real news, not the fake crap that's spread all over Senator Pauline Hanson's Facebook page.

That's what this amendment is about: standing up for our public broadcasters and ensuring that they have their independence confirmed and they have the ability to do their job without the fear and intimidation of budget cuts and slurs that come from government members on the other side. Of course, we know Senator Eric Abetz, one of the biggest haters of our public broadcasters, sits in this chamber. He would like nothing more than the independence of the ABC being slashed, and he doesn't mind whether that happens in one blow or step by step by step. Senator Abetz has made it a mission to destroy Australia's well-loved, trusted public broadcasters. He wants to throw them under the bus, and this government, step by step by step, is allowing that narrative and that agenda to continue.

So this amendment is important. It's an important principle for us as a Senate to say: 'No, we're not going to put up with that biased agenda. We're not going to put up with this attack on our public broadcasters. We are going to stand up for the independence of our public broadcasters and the belief of the Australian people that their money is being spent on news and broadcasters that are the shining light of journalism in this country.' They are the most trusted, the highest rating, when it comes to integrity of institutions. This government can't stand it. One Nation can't stand it. It's important that the Senate vote for this amendment to send the message that we are not going to stand by and let our public broadcasters be a punching bag for this government, Mr Tony Abbott and Senator Abetz. And we're definitely not going to sit by and let the ABC and SBS be a punching bag for Senator Pauline Hanson and those lunatics in her One Nation party.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

No, the government hasn't. What we are seeking to do is to legislate a consistent regime for online activities and, when it comes to gambling advertising during live sporting events on online platforms, to ensure we have the same legislative regime apply across the board. I did say in my earlier comments that to rely on a code for SBS in terms of its online activities would be weaker because there would not be the legislative penalties for SBS online activities that there are for other online operators. We want a consistent regime, and we want a strong regime.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

There are two different sorts of codes. There are the codes that apply to commercial broadcasters, for which there are penalties, and there are the codes that apply to the public broadcasters, for which there are not penalties. If you apply a code based regime to SBS online activities, that would mean there would be a category of online activity that would not be subject to any penalty. That is a weaker regime, whichever way you look at it.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

ACMA does not have a role in editorial decisions at the moment or into the future. The whole idea of legislated independence for public broadcasters is that they are not subject to direction in editorial matters or news content by the government of the day. And the government of the day will not, under this regime, have the capacity to do that, and ACMA will not have the capacity to do that. Independence does not mean that the public broadcasters are in their own parallel universe, completely immune to the legislation passed by this parliament. They are subject to the legislation passed by this parliament, and they have legislated independence in editorial matters, and they will continue to have legislated independence in editorial matters, operational matters and news matters.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

Absolutely not. To not have this legislation apply to SBS's online activities would mean that there then would be created an inconsistency in the regulatory framework.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

And ACMA will still have that capacity.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

The ACMA may well decide to grant some sort of exemption, but that's a matter for the ACMA.

The CHAIR: The question is that amendment (1) on sheet 8380, as moved by Senator O'Neill, be agreed to.

Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

Chair, Senator Steele-John was outside the chamber. He was unable to make it here in time, so I'm asking that the vote be recommitted.

The CHAIR: Senator Siewert, you need to seek leave.

I seek leave to have the vote recommitted so that it would reflect the views of the chamber, given that Senator Steele-John was unable to get into the chamber in time. He's literally just outside the door.

The CHAIR: Senator Siewert, it is really up to Senator Steele-John to provide an explanation as to why he was not in the chamber.

Jordon Steele-John (WA, Australian Greens) Share this | Link to this | Hansard source

Chair, I got my wheels stuck in the grass in the courtyard. It took a little bit to get out.

Leave granted.

The CHAIR: The question is that amendment (1) on sheet 8380, as moved by Senator O'Neill, be agreed to.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

by leave—I move amendments (1) to (3) on sheet 8406 revised together:

(1) Clause 3, page 2 (after line 11), at the end of the clause, add:

Note: The provisions of the Legislation (Exemptions and Other Matters) Regulation 2015 amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under section 62 of the Legislation Act 2003 (see subsection 13(5) of that Act).

(2) Schedule 1, page 5 (after line 7), after item 12, insert:

12A Subsection 122(7) (note)

Repeal the note.

(3) Page 34 (after line 26), at the end of the bill, add:

Schedule 2—Program standards

Legislation (Exemptions and Other Matters) Regulation 2015

1 Section 10 (table item 8)

Repeal the item, substitute:

8 An amendment made under section 128 of the Broadcasting Services Act 1992 to a standard under Part 9 of that Act

This amendment deals with the issue that I spoke of in my speech in the second reading debate last night. We know that in 2015 the government, without any consultation and with very little attention from the parliament, moved to give themselves the right to change codes and standards in the communications act to allow the minister to make changes without parliamentary oversight. Normally, of course, regulations and other various changes and directions could be disallowed or debated in the parliament. In 2015 this government, without any consultation, changed those rules, to give the minister the power to willy-nilly change or give directions in relation to standards and codes.

Today we've been debating the standards and codes in relation to gambling advertising. But there is a big fight looming, and it is in relation to the requirements for our broadcasters as to what level of Australian-made content they have to show and what level of Australian-made children's content they must broadcast. We know that the big broadcasters, the commercial free-to-air broadcasters, don't want to have these restrictions upon them. They prefer to buy cheap crap made in the US or elsewhere, and to play it here in Australia, and to not have to invest in our local content, and our local film and screen industry. We also know that the big commercial free-to-air broadcasters don't believe that they should have to invest in Australian-made children's content.

At a time when broadcasters are diversifying from television screens into online platforms, mobiles, iPads and other streaming services, and our children are, in fact, engaged more than ever in watching and consuming created content, we should be thinking more as policymakers about the quality of that content that's made for children and that is available to our young audiences. And it's important in today's age that Australian kids are able to access good-quality, Australian-made content. They deserve the right to have their stories told. They deserve the right to have the stories of their community and their country reflected back at them. We all have those memories of being kids and watching Skippy, Roundthe Twist, Play School or Bananas in Pyjamasor of our own children accessing good-quality, Australian-made kids' content. All of that is going to become harder and harder unless we protect the requirements for our broadcasters to invest in and show Australian-made kids' content. And, of course, this goes beyond just kids' TV. This is also in relation to Australian-made drama.

We have an amazing industry of talented creators here in Australia who are very fearful that jobs are about to be shed and they will have to go offshore, because the investment in Australian-made content, in Australian stories, just won't be here if these changes to content requirements are made at the stroke of a pen by the minister. The exemptions—and this is where the rubber hits the road—under the standards and codes section of the act, allow the minister to simply write a direction. There is no parliamentary oversight for this. There is no opportunity for the Senate to debate whether that's a good thing or a bad thing or whether there needs to be a compromise. It will simply be at the will of the minister—of course, being begged by the big broadcasters. Not only do they have free licences, because they don't have to pay fees any more—taxpayers gave them a big free ticket last year at the whim and the request of the minister—but also they don't want to have these requirements to invest in Australian-made stories or for Australian kids to be able to access stories about their communities being reflected back at them.

All this amendment does is reinstate parliamentary oversight. It doesn't say what quota is right or wrong. It's got nothing to do with that. It simply says that the parliament has a right to act as a check and a balance on the decisions and directions being made by the minister. I think that is absolutely fair. We're all senators in this place and we're passionate about being able to review legislation, to improve legislation and to ensure that the will of the Australian people is being reflected in the laws that pass this place. Let's make sure that, in relation to this issue, the parliament still has a role—because, to date, it doesn't. The minister can simply make these changes, which will fundamentally change the look, the feel and the face of Australian television, the look, the feel and the face of Australian-made stories and the look, the feel and the face of kids' TV, whether that's on the big screens at home or, indeed, the little screens in their hands.

Australian kids deserve to have Australian stories. They deserve to be able to learn about their communities through storytelling, through questioning and through being able to quiz what are norms and whether something is right or wrong, to help them make sense of the world. If we get rid of these requirements, if we allow the minister to do this without even a check or balance from the parliament, that's all going to go out the window—because we know these peak broadcasters don't care about what our Australian kids are consuming. All they care about is their bottom dollar. All they care about is the bottom line on their budget sheets. They don't care about Australian-made content. They don't care about the industry jobs that are going to be lost offshore, because they'll just buy crap from the US to fill our screens or, worse than that, in between, we'll be bombarded even more with terrible reality television. That's what the broadcasters tell us.

Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

I rise on a point of order. There is a certain level of language expected in the chamber, and I think the senator should observe it.

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

Senator Hanson-Young, I would remind you of parliamentary language.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I will withdraw the word 'crap' and replace it with 'rubbish'. All these broadcasters care about is their bottom line. All they care about is getting cheap, rubbish shows from the United States and putting them on our televisions and then pumping whatever change they may have left over into reality television. And they say to Australian families, 'This is good family viewing.' Well, I tell you what, I don't think Married at First Sight is the best show for our kids to have to sit down to watch. I don't think that's particularly educational.

But this is the type of move and push that is going to happen. The big broadcasters are clamouring for it. All you need to do is read their submissions to the government's content review. They don't want these quotas in place, they don't want requirements, and for every inch you give them they will take a mile. They begged the government for free licence fees only a year ago. The government gave it to them but got nothing. This minister is not a very good negotiator, because he got absolutely nothing in return. He gave them free licence fees, and now they're saying, 'And now we don't want to have to have restrictions on the type of content that we show and broadcast.'

Australian artists, actors, producers, scriptwriters, sound engineers and camera crew are all important jobs, and it's an important industry. It helps tell an Australian story. It helps us reflect our communities back at ourselves and question what's going on in our part of the world and how we interact with the rest of the globe. But there's obviously an economic dividend for our country. These are people's jobs. These are people's livelihoods. But these big broadcasters don't give two hoots about that. All these big broadcasters care about is reducing the amount of money they have to spend here in Australia, and I put it to you that, unless we put a check and balance back in place and unless we allow the parliament to have some oversight, when parliament's over at the end of this week and we all go off on our Easter break, this minister is going to write and give directions that say that these quotas don't need to exist, because that is what these broadcasters want from him; that is what they are lobbying hard for.

If that is not the will of the minister, then be prepared to put parliamentary oversight back in place so that we can have a discussion and a debate about how much we should be investing in and protecting Australian jobs and Australian stories. All this amendment does is reinstate parliamentary oversight. The minister is able to do a lot of things on his own. He shouldn't be able to write away Australian-made stories and junk hundreds of thousands of Australian jobs that depend on making sure Australian stories, and kids' stories in particular, are told here in Australia by Australians.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

I should point out to colleagues that this bill makes no changes to any matters regarding Australian or children's content standards, including quotas. The government, as Senator Hanson-Young made reference to, is indeed undertaking an Australian and children's content review to provide advice to government on the most effective mechanisms for supporting Australian and children's screen content. Many of these mechanisms have not been looked at for more than a decade. We want to make sure that the arrangements are fit for purpose. Specifically, mechanisms to support Australian drama, documentary and children's content, including the Australian screen production incentive, are being examined. The work on the review is ongoing.

Contrary to Senator Hanson-Young's, I assume, rhetorical flourish, I don't have my pen ready to write to anyone over the parliamentary break to give directions on these matters. The standards, I should point out, that establish quotas are made by ACMA under section 122(1) of the Broadcasting Services Act. These standards are not disallowable instruments, and I'm advised by my department that this has been the case for some time—since at least 2003 and possibly earlier—and that it's not the case that this is something that came into being in 2015. The exemption from disallowance from these standards that you refer to is contained in the Legislation (Exemptions and Other Matters) Regulation 2015, but my advice is that it is having in regulation what was previously in primary legislation. So that exemption had been there well before. That regulation in 2015 is just the latest incarnation of something that has been in place for some time.

The rationale for this exemption is that section 128 of the Broadcasting Services Act includes the power for parliament to amend standards, which is a more comprehensive power for parliament than media disallowance. In any case, it's not correct to say that I can unilaterally amend or abolish quotas. Let me restate again that the government has made no decisions in relation to the content review, which is ongoing. The quotas are in standards that are made by ACMA, and it is ACMA that would need to make new standards to make any changes. Again, let me reiterate that the government has made no decisions in this regard. No announcements, including regarding quotas, are imminent. So there's not a basis in fact for the commentary around quotas that there has been over recent days.

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

: Minister?

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

No, I was just shuffling between desks, not seeking the call.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

The review is advice to government, and the work on that review continues.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

You're making an assumption about the timing of any government decisions that may be informed by the work of the review.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

I'd describe myself as being Delphic rather than 'oracle-like', but that's a professional disposition when it comes to suggestions that something may or may not be related to the consideration of the budget.

Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Link to this | Hansard source

When the government has something more to say on the Australian and children's content review, it will do so. But, as I indicated in my earlier contribution, that's not something that is imminent.

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that amendments (1) to (3) on sheet 8406 revised be agreed to.