Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Special Broadcasting Service Act 1991, and for related purposes
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Registered 29 Feb 2012
Introduced Senate 27 Feb 2012
Table of contents.

 

2010‑2011‑2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Special Broadcasting Service Amendment (Natural Program Breaks and Disruptive Advertising) Bill 2012

 

No.      , 2012

 

(Senator Ludlam)

 

 

 

A Bill for an Act to amend the Special Broadcasting Service Act 1991, and for related purposes

  

  


Contents

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

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

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

4............ Objects................................................................................................ 2

Schedule 1—Amendments commencing 1 January 2013                              3

Special Broadcasting Service Act 1991                                                                  3

Schedule 2—Amendments commencing 1 January 2014                              4

Special Broadcasting Service Act 1991                                                                  4

Schedule 3—Amendments commencing 1 January 2016                              5

Special Broadcasting Service Act 1991                                                                  5

 


A Bill for an Act to amend the Special Broadcasting Service Act 1991, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Special Broadcasting Service Amendment (Natural Program Breaks and Disruptive Advertising) Act 2012.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 4 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

1 January 2013.

1 January 2013

3.  Schedule 2

1 January 2014.

1 January 2014

4.  Schedule 3

1 January 2016.

1 January 2016

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

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.

4  Objects

                   The objects of this Act are to:

                     (a)  define natural program break in consideration of the examples given to the Parliament in 1991; and

                     (b)  wind down the number of in‑program breaks while providing an option for the SBS to replace in‑program advertising with intra‑program advertising, while having regard to the financial position of SBS; and

                     (c)  in the longer term, limit in‑program breaks to live or delayed broadcasts of sports events on SBS television.


 

Schedule 1Amendments commencing 1 January 2013

  

Special Broadcasting Service Act 1991

1  Section 3

Insert:

natural program break means a break in a program in which:

                     (a)  the positioning of the break during the program is as intended by the maker of the program; and

                     (b)  the audience does not miss any significant element that relates directly to the content of the program; and

                     (c)  the sole purpose is to place non‑program material, such as advertisements, sponsorship announcements and program promotions, products and services.


 

Schedule 2Amendments commencing 1 January 2014

  

Special Broadcasting Service Act 1991

1  After section 45

Insert:

45A  Limit on advertisements etc. during natural program breaks for certain television programs

             (1)  There must be no more than one natural program break within an individual television program in which advertisements or other non‑program material is broadcast.

             (2)  Subsection (1) does not apply to television programs that consist of the live or delayed broadcast of sporting events.

45B  Optional temporary cessation of in‑program advertising

             (1)  This section does not apply to television programs that consist of the live or delayed broadcast of sporting events.

             (2)  During the period of 8 hours commencing at 6.00 pm each day, the SBS may choose not to broadcast advertisements during natural program breaks in television programs screened during that period.

             (3)  If the SBS chooses not to broadcast advertisements in accordance with subsection (2), there is payable to the SBS such money as is calculated in accordance with the regulations.

             (4)  Payments under subsection (3) are to be made from money appropriated by the Parliament for the purposes of that subsection.


 

Schedule 3Amendments commencing 1 January 2016

  

Special Broadcasting Service Act 1991

1  Sections 45A and 45B

Repeal the sections, substitute:

45A  No in‑program breaks for certain television programs

             (1)  An individual television program must be broadcast without interruption for program breaks.

             (2)  Subsection (1) does not apply to television programs that consist of the live or delayed broadcast of sporting events.