Contents
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 1
3............ Schedule(s).......................................................................................... 2
Schedule 1—Amendment of the Broadcasting Services Act 1992 3
Schedule 2—Amendment of the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 5
A Bill for an Act to amend the Broadcasting Services Act 1992 and the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 to encourage healthier eating habits among children and to prohibit the broadcasting of advertisements for 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 (Broadcasting Amendment) Act 2008.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 that relates to paragraph (2)(a) must include standards for the control of food or beverage advertising, including:
(a) proscribing advertisements for food or for a beverage from being broadcast during a C period; and
(b) proscribing advertisements or sponsorship announcements identifying or referring to a company, person or organisation whose principal activity is the manufacture, distribution or sale of food or a beverage from being broadcast during a C period—this requirement is in addition to the requirements of the Commercial Television Industry Code of Practice; and
(c) proscribing advertisements for food or for a beverage from being broadcast during a C program or P program that is broadcast outside a C period or P period or during a break immediately before or after any C program or P program; and
(d) proscribing advertisements or sponsorship announcements identifying or referring to a company, person or organisation whose principal activity is the manufacture, distribution or sale of food or a beverage from being broadcast during a C program or P program that is broadcast outside a C period or P period or during a break immediately before or after any C program or P program—this requirement is in addition to the requirements of the Commercial Television Industry Code of Practice.
(2B) The Minister may, in writing, exempt from the standards mentioned in subsection (2A) advertisements for a food or a beverage if the Minister considers that that food or beverage is beneficial to children’s health and well‑being, based on the Food Standards Australia New Zealand nutrient profiles.
(2C) A standard made in accordance with subsection (2A) may permit the broadcasting of community service announcements concerning food and beverages.
Note 1: For the purposes of subsection (2C), an example is a public health or education organisation broadcasting a community service announcement in relation to food or beverages.
Note 2: C program, P program, C period and P period are defined in the Children’s Television Standards 2005 (made under subsection 122(1) of the Broadcasting Services Act 1992).
Note 3: children is defined in the Children’s Television Standards 2005 (made under subsection 122(1) of the Broadcasting Services Act 1992).
Note 4: A code of practice can be registered under subsection 123(4) of the Broadcasting Services Act 1992.
2 Subsection 122(7)
Repeal the subsection.
3 Subsection 122(9)
After “standards under subsection (1)”, insert “that relate to paragraph (2)(a)”.
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
(1) A further condition of financial assistance is that all government and non‑government schools do not display advertisements or sponsorship announcements about or that relate to a company, person or organisation whose principal activity is the manufacture, distribution or sale of food or a beverage.
(2) The Minister may, in writing, exempt from the condition mentioned in subsection (1) advertisements for a food or a beverage if the Minister considers that that food or beverage is beneficial to children’s health and well‑being, based on the Food Standards Australia New Zealand nutrient profiles.