Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend laws relating to communications, and for related purposes
Administered by: Communications and the Arts
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 22 Mar 2017
Introduced HR 22 Mar 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Communications Legislation Amendment (SBS Advertising Flexibility) Bill 2017

 

No.      , 2017

 

(Communications and the Arts)

 

 

 

A Bill for an Act to amend laws relating to communications, and for related purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—SBS‑advertising flexibility                                                                   3

Special Broadcasting Service Act 1991                                                                  3

Schedule 2—SBS‑product placement                                                                        4

Special Broadcasting Service Act 1991                                                                  4

 

 


A Bill for an Act to amend laws relating to communications, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Communications Legislation Amendment (SBS Advertising Flexibility) Act 2017.

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted.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  Schedules

                   Legislation 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 1SBS‑advertising flexibility

  

Special Broadcasting Service Act 1991

1  Paragraph 45(2)(b)

Repeal the paragraph, substitute:

                     (b)  that run in total for not more than:

                              (i)  10 minutes in any hour of broadcasting; and

                             (ii)  120 minutes in any 24 hours of broadcasting.

Schedule 2SBS‑product placement

  

Special Broadcasting Service Act 1991

1  Section 3

Insert:

advertisement does not include product placement included in a program or in content provided on a digital media service.

2  Section 45 (heading)

Repeal the heading, substitute:

45  Advertising, sponsorship and product placement—broadcasting services

3  Subsection 45(1)

Omit “advertisements and sponsorship announcements”, substitute “advertisements, sponsorship announcements and programs that include product placement”.

4  Paragraph 45(4)(a)

Repeal the paragraph, substitute:

                     (a)  must develop and publicise guidelines on:

                              (i)  the kinds of advertisements and sponsorship announcements that it is prepared to broadcast; and

                             (ii)  the kinds of product placement that it is prepared to have in programs that it broadcasts; and

5  At the end of subsection 45(4)

Add:

             ; and (c)  may develop guidelines on other matters relating to the inclusion of product placement in programs.

6  Subsection 45(6)

Omit “advertisements and sponsorship announcements” (wherever occurring), substitute “advertisements, sponsorship announcements and product placement”.

7  Section 45A (heading)

Repeal the heading, substitute:

45A  Advertising, sponsorship and product placement—digital media services

8  Subsection 45A(1)

Omit “advertisements and sponsorship announcements”, substitute “advertisements, sponsorship announcements and content that includes product placement”.

9  Paragraph 45A(2)(a)

Repeal the paragraph, substitute:

                     (a)  must develop and publicise guidelines on:

                              (i)  the kinds of advertisements and sponsorship announcements that it is prepared to have on its digital media services; and

                             (ii)  the kinds of product placement that it is prepared to have in content provided on its digital media services; and

10  At the end of subsection 45A(2)

Add:

             ; and (c)  may develop guidelines on other matters relating to the inclusion of product placement in content provided on its digital media services.

11  Subsection 45A(4)

Omit “advertisements and sponsorship announcements” (wherever occurring), substitute “advertisements, sponsorship announcements and product placement”.

12  Paragraph 57(e)

Repeal the paragraph, substitute:

                     (e)  money received by the SBS in respect of:

                              (i)  sponsorships; and

                             (ii)  the sale and broadcasting of advertisements; and

                            (iii)  the inclusion of product placement in programs and in content provided on digital media services; and

13  Paragraph 73(f)

Repeal the paragraph, substitute:

                      (f)  particulars of:

                              (i)  the total revenue earned during the period from advertising, sponsorship and the inclusion of product placement in programs and in content provided on digital media services; and

                             (ii)  the identity of each advertiser, sponsor or person paying for product placement; and

                            (iii)  the programs or content (if any) with which each advertiser, sponsor or person paying for product placement is associated; and