Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Broadcasting Services Act 1992 to encourage healthier eating habits among children and to prohibit the advertising of junk food during certain times, and for related purposes
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Registered 12 Apr 2006
Introduced Senate 30 Mar 2006

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Protecting Children from Junk Food Advertising Bill 2006

 

No.      , 2006

 

(Senator Allison)

 

 

 

A Bill for an Act to amend the Broadcasting Services Act 1992 to encourage healthier eating habits among children and to prohibit the advertising of junk food during certain times, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 1

Schedule 1—Amendment of the Broadcasting Services Act 1992              2

Schedule 2—Amendment of the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004                                                                   4

 


A Bill for an Act to amend the Broadcasting Services Act 1992 to encourage healthier eating habits among children and to prohibit the advertising of junk food during certain times, and for related purposes

The Parliament of Australia enacts:

1  Short title

This Act may be cited as the Protecting Children from Junk Food Advertising Act 2006.

2  Commencement

This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Broadcasting Services Act 1992

1  After subsection 122(2)

Insert:

          (2A)  A standard under paragraph 112(2)(a) must include standards for the control of food or beverage advertising, including:

                     (a)  advertisements for food or for a beverage must not be broadcast during a C period; and

                     (b)  no advertisement or sponsorship announcement broadcast during a C period must identify or refer to a company, person or organisation whose principal activity is the manufacture, distribution or sale of food or of a beverage—this requirement is in addition to the requirements of the Commercial Television Industry Code of Practice; and

                     (c)  no advertisement for food or for a beverage may be broadcast during a C program or P program that is broadcast outside a C period or P period, or in a break immediately before or after any C program or P program; and

                     (d)  no advertisement or sponsorship announcement broadcast during a C program or P program that is broadcast outside a C period or P period, or in a break immediately before or after such a C program or P program, must identify or refer to a company, person or organisation whose principal activity is the manufacture, distribution or sale of food or of beverages—this requirement is in addition to the requirements of the commercial Television Industry Code of Practice.

          (2B)  A standard made in accordance with subsection (2A) may permit the making of community service announcements regarding food and beverages.

Note 1:    For the purposes of subsection 122(2A), an example is where a public health or education organisation makes a community service announcement in relation to food or beverages.

Note 2:    C and P Programs and C and P periods are defined in the Children’s Television Standards (made under paragraph 122(1)(a) of the Broadcasting Services Act 1992).

Note 3:    Children is defined in the Children’s Television Standards (made under paragraph 122(1)(a) of the Broadcasting Services Act 1992).

Note 4:    A code is authorised by section 123 of the Broadcasting Services Act 1992.


Schedule 2—Amendment of the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004

1  After section 21

Insert:

21A  Specific condition—control of food or beverage advertising

A further condition of financial assistance is that all government and non-government schools do not display advertisements or sponsorship announcements from a company, person or organisation whose principal activity is the manufacture, distribution or sale of food or beverages.