2010

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Protecting Children from Junk Food Advertising (Broadcasting Amendment) Bill 2010

No.      , 2010

(Senator Bob Brown)

A Bill for an Act to amend the Broadcasting Services Act 1992 to encourage healthier eating habits among children by restricting the broadcasting of advertisements for junk food, and for related purposes

Contents

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

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

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the Broadcasting Services Act 1992              3

A Bill for an Act to amend the Broadcasting Services Act 1992 to encourage healthier eating habits among children by restricting the broadcasting of advertisements for junk food, 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 2010.

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 section 122

Insert:

122A  Restrictions on advertising of unhealthy foods

             (1)  A commercial broadcasting television licensee must not, between the hours of 6 am and 9.30 pm on any day, broadcast:

                     (a)  any advertisement or sponsorship announcement that gives publicity to, or otherwise promotes or is intended to promote, an unhealthy food or a range of unhealthy foods;

                     (b)  any advertisement or sponsorship announcement identifying or referring to a company, person or organisation whose principal activity is the manufacture, distribution or sale of an unhealthy food or a range of unhealthy foods; or

                     (c)  any writing, picture, sign, symbol or other visual image, or any audible message, or any combination of these things, that gives publicity to, or otherwise promotes or is intended to promote:

                              (i)  the name of a manufacturer of an unhealthy food or a range of unhealthy foods; or

                             (ii)  the whole or a part of a trade mark that is registered under the Trade Marks Act 1955 in respect of an unhealthy food or a range of unhealthy foods; or

                            (iii)  the whole or a part of a design that is registered under the Designs Act 2003 in respect of an unhealthy food or a range of unhealthy foods; or

                            (iv)  any other words (including brand names) or designs, or combinations of words and designs, that are closely associated with an unhealthy food or a range of unhealthy foods.

             (2)  In this section:

unhealthy food means a food or beverage, or any product containing a food or beverage, that does not comply with nutrient profile criteria set out in regulations made for the purposes of this subsection.

             (3)  The Minister must take all reasonable steps to ensure that regulations for the purposes of subsection (2) are made within 6 months of the commencement of this section.

             (4)  Subsection (1) does not apply to prevent the broadcasting of community service announcements concerning unhealthy foods.

2  At the end of subclause 7(1) of Schedule 2

Add:

                    ; (s)  the licensee will comply with the requirements set out in section 122A (which deals with the advertising of unhealthy foods).