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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Broadcasting Legislation Amendment
(News Media Diversity) Bill 2013
No. , 2013
(Broadband, Communications and the Digital Economy)
A Bill for an Act to amend legislation relating to
broadcasting, and for other purposes
i Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Australian Communications and Media Authority Act 2005
3
Broadcasting Services Act 1992
3
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013 1
A Bill for an Act to amend legislation relating to
1
broadcasting, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Broadcasting Legislation Amendment
5
(News Media Diversity) Act 2013.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) the day section 3 of the Public Interest
Media Advocate Act 2013 commences.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
3
Schedule 1
--
Amendments
1
2
Australian Communications and Media Authority Act 2005
3
1 After section 59B
4
Insert:
5
59BA Disclosure to public servants for advising the Public Interest
6
Media Advocate
7
For the purpose of advising the Public Interest Media Advocate, an
8
ACMA official may disclose authorised disclosure information to:
9
(a) the Secretary of the Department; or
10
(b) an APS employee in the Department who is authorised, in
11
writing, by the Secretary of the Department for the purposes
12
of this section.
13
Note:
The Public Interest Media Advocate is appointed under the Public
14
Interest Media Advocate Act 2013.
15
2 After paragraph 59D(1)(na)
16
Insert:
17
(nb) the Public Interest Media Advocate;
18
Broadcasting Services Act 1992
19
3 After paragraph 3(1)(c)
20
Insert:
21
(d) to encourage diversity in control of the more influential
22
sources of news and current affairs; and
23
4 Subsection 6(1) (definition of associate)
24
Omit "licence or a newspaper, or control of a company in relation to a
25
licence or a newspaper", substitute "company, a licence, a newspaper, a
26
print publication or an online service".
27
5 Subsection 6(1) (definition of associate)
28
Omit "or newspaper" (wherever occurring), substitute ", newspaper,
29
print publication or online service".
30
Schedule 1 Amendments
4 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
6 Subsection 6(1) (at the end of the definition of associate,
1
before the notes)
2
Add:
3
For the purposes of this definition, print publication and online
4
service have the same respective meanings as in Part 5A.
5
7 Subsection 6(1)
6
Insert:
7
branded group of subscription television services has the meaning
8
given by section 6A.
9
8 Subsection 6(1) (paragraph (a) of the definition of licence)
10
Omit "Part 5", substitute "Parts 5 and 5A".
11
9 Subsection 6(1) (after subparagraph (a)(i) of the definition
12
of licence)
13
Insert:
14
(ia) a class licence so far as it authorises the provision of a
15
particular subscription television narrowcasting service;
16
or
17
10 Subsection 6(1)
18
Insert:
19
PIMA means the Public Interest Media Advocate.
20
Note:
See the Public Interest Media Advocate Act 2013.
21
11 Subsection 6(1)
22
Insert:
23
subscription television licence means:
24
(a) a subscription television broadcasting licence; or
25
(b) a class licence so far as it authorises the provision of a
26
particular subscription television narrowcasting service.
27
12 Subsection 6(1)
28
Insert:
29
subscription television licensee means:
30
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
5
(a) a subscription television broadcasting licensee; or
1
(b) a subscription television narrowcasting licensee.
2
13 Subsection 6(1)
3
Insert:
4
subscription television narrowcasting licensee means a person
5
who provides a subscription television narrowcasting service under
6
a class licence.
7
14 Subsection 6(1)
8
Insert:
9
subscription television platform has the meaning given by
10
section 6A.
11
15 Subsection 6(1)
12
Insert:
13
subscription television service means:
14
(a) a subscription television broadcasting service; or
15
(b) a subscription television narrowcasting service.
16
16 After section 6
17
Insert:
18
6A Branded group of subscription television services etc.
19
Branded group
20
(1) For the purposes of this Act, if a group of 2 or more subscription
21
television services are marketed to the public under a common
22
brand, the group is a branded group of subscription television
23
services.
24
Subscription television platform
25
(2) For the purposes of this Act, a company is a subscription television
26
platform for a branded group of subscription television services if
27
the company controls the selection of the subscription television
28
services included in the group.
29
Schedule 1 Amendments
6 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(3) Subsection (2) has effect subject to subsection (4).
1
(4) The Minister may, in writing, declare that subsection (2) does not
2
apply to a specified company.
3
(5) The Minister may, in writing, declare that, for the purposes of this
4
Act, a specified company is a subscription television platform for
5
a specified branded group of subscription television services.
6
(6) A declaration under subsection (5) does not apply to a company in
7
relation to a branded group of subscription television services
8
unless:
9
(a) the company is a constitutional corporation; and
10
(b) the company is involved in any or all of the following
11
activities:
12
(i) the provision of a subscription television service
13
included in the branded group;
14
(ii) the operation of a subscriber management system for the
15
branded group;
16
(iii) the selection of the subscription television services
17
included in the branded group;
18
(iv) the acquisition of program content to be provided by a
19
subscription television service included in the branded
20
group.
21
(7) The Minister must cause a copy of a declaration under
22
subsection (4) or (5) to be published on the Department's website.
23
(8) A declaration under subsection (4) or (5) is not a legislative
24
instrument.
25
17 Section 7
26
Before "Schedule", insert "(1)".
27
18 Paragraph 7(a)
28
Omit "or a newspaper", substitute ", a newspaper, a print publication or
29
an online service".
30
19 At the end of section 7
31
Add:
32
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
7
(2) For the purposes of this Act, if a person is in a position to exercise
1
control of a commercial television broadcasting licence, the person
2
is taken to be in a position to exercise control of each commercial
3
television broadcasting service provided under the licence.
4
(3) For the purposes of this Act, if a person is in a position to exercise
5
control of a subscription television licence, the person is taken to
6
be in a position to exercise control of the subscription television
7
service provided under the licence.
8
(4) For the purposes of this Act, if a person is in a position to exercise
9
control of a subscription television platform for a branded group of
10
subscription television services, the person is taken to be in a
11
position to exercise control of each subscription television service
12
that belongs to the branded group.
13
(5) For the purposes of this section, print publication and online
14
service have the same respective meanings as in Part 5A.
15
20 After Part 5
16
Insert:
17
Part 5A--News media diversity
18
Division 1--Introduction
19
78AA Simplified outline
20
The following is a simplified outline of this Part:
21
•
This Part prohibits a transaction that results in a person
22
becoming the controller of a registered news media voice
23
unless the Public Interest Media Advocate has approved the
24
change of control.
25
•
The Public Interest Media Advocate must not approve a
26
change of control unless:
27
(a)
the change of control will not result in a substantial
28
lessening of diversity of control of registered news
29
media voices; or
30
Schedule 1 Amendments
8 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(b)
the change of control is likely to result in a benefit
1
to the public, and that benefit outweighs the
2
detriment to the public constituted by any
3
lessening of diversity of control of registered news
4
media voices that would result from the change of
5
control.
6
•
Each of the following is a news media voice:
7
(a)
a commercial television broadcasting service that
8
provides news or current affairs programs;
9
(b)
a commercial radio broadcasting service that
10
provides news or current affairs programs;
11
(c)
a subscription television service that provides news
12
or current affairs programs;
13
(d)
a subscription television platform;
14
(e)
a print publication that has news or current affairs
15
content;
16
(f)
an online service that has news or current affairs
17
content.
18
•
A registered news media voice is a news media voice that has
19
been registered in the Register of News Media Voices.
20
•
A news media voice will be registered if the size of its
21
audience or customer base exceeds 30% of the average
22
metropolitan commercial television evening news audience.
23
Note 1:
The Public Interest Media Advocate is appointed under the Public
24
Interest Media Advocate Act 2013.
25
Note 2:
This Part also sets out transitional rules dealing with the control of
26
listed news media voices in the period before all news media voices
27
are entered in the Register of News Media Voices.
28
78AB Definitions
29
In this Part:
30
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
9
aggregate includes provide links to.
1
associated with, in relation to an online service, has the meaning
2
given by section 78NB.
3
average metropolitan commercial television evening news
4
audience has the meaning given by section 78HG.
5
carriage service has the same meaning as in the
6
Telecommunications Act 1997.
7
control event has the meaning given by section 78BA or 78BB.
8
electronic communications means communications that are carried
9
by means of guided and/or unguided electromagnetic energy.
10
Eligibility Rules means the rules made under section 78HH.
11
engage in conduct means:
12
(a) do an act; or
13
(b) omit to perform an act.
14
initial Eligibility Rules completion day has the meaning given by
15
section 78ND.
16
initial Register completion day has the meaning given by
17
section 78NC.
18
interim period means the period:
19
(a) beginning at the commencement of this section; and
20
(b) ending at whichever is the earlier of the following:
21
(i) the end of the 6-month period beginning at the
22
commencement of this section;
23
(ii) the start of the initial Register completion day.
24
listed news media voice has the meaning given by section 78JA.
25
media-related activities means:
26
(a) the collection; or
27
(b) the preparation for dissemination; or
28
(c) the dissemination;
29
of material for the purpose of making it available to the public:
30
(d) in printed form; or
31
Schedule 1 Amendments
10 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(e) by means of electronic communications.
1
news media voice has the meaning given by section 78GA.
2
news or current affairs aggregation service means:
3
(a) an online service; or
4
(b) any other service;
5
that does no more than aggregate any of the following material:
6
(c) material having the character of news or current affairs;
7
(d) material consisting of commentary or opinion on, or analysis
8
of, news or current affairs.
9
news or current affairs content means content that:
10
(a) has the character of news or current affairs; or
11
(b) consists of commentary or opinion on, or analysis of, news or
12
current affairs.
13
news or current affairs program means a program that consists
14
wholly or principally of news or current affairs content.
15
online service means:
16
(a) a service that delivers content to persons having equipment
17
appropriate for receiving that content, where the delivery of
18
the service is by means of electronic communications; or
19
(b) a service that allows end-users to access content using
20
electronic communications;
21
but does not include:
22
(c) a broadcasting service; or
23
(d) a datacasting service.
24
paying customer, in relation to an online service, means:
25
(a) a paying subscriber to the service; or
26
(b) any other person who pays the provider of the service for any
27
of the content delivered or made available by the service.
28
pre-commencement period means the period:
29
(a) beginning at the time when the Bill that became the
30
Broadcasting Legislation Amendment (News Media
31
Diversity) Act 2013 was introduced into the House of
32
Representatives; and
33
(b) ending at the commencement of this section.
34
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
11
For this purpose, the introduction of a Bill is taken to have
1
occurred immediately after it is read a first time.
2
print publication means:
3
(a) a newspaper; or
4
(b) a periodical;
5
that is published at least once each quarter.
6
quarter means a period of 3 months beginning on 1 July,
7
1 October, 1 January or 1 April.
8
Register means the Register of News Media Voices maintained
9
under section 78KA.
10
registered news media voice means a news media voice that is
11
entered in the Register.
12
registrable news media voice has the meaning given by
13
section 78HA, 78HB, 78HC, 78HD, 78HE or 78HF.
14
service includes a website.
15
78AC Newspapers
16
The definition of newspaper in subsection 6(1) does not apply to
17
this Part.
18
Division 2--Control events
19
78BA Control events--registered news media voices
20
(1) For the purposes of this Part, if:
21
(a) a person is not in a position to exercise control of any
22
registered news media voice; and
23
(b) the person becomes in a position to exercise control of 2 or
24
more registered news media voices;
25
the event mentioned in paragraph (b) is a control event in relation
26
to each of the registered news media voices mentioned in that
27
paragraph.
28
(2) For the purposes of this Part, if:
29
Schedule 1 Amendments
12 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(a) a person is in a position to exercise control of a single
1
registered news media voice; and
2
(b) the person becomes in a position to exercise control of one or
3
more additional registered news media voices;
4
the event mentioned in paragraph (b) is a control event in relation
5
to each of the registered news media voices mentioned in that
6
paragraph.
7
(3) For the purposes of this Part, if:
8
(a) a person is in a position to exercise control of 2 or more
9
registered news media voices; and
10
(b) the person becomes in a position to exercise control of one or
11
more additional registered news media voices;
12
the event mentioned in paragraph (b) is a control event in relation
13
to each of the registered news media voices mentioned in that
14
paragraph.
15
(4) For the purposes of this Part, if:
16
(a) a person is in a position to exercise control of 2 or more
17
registered news media voices; and
18
(b) the person ceases to be in a position to exercise control of
19
one or more of those registered news media voices; and
20
(c) the person becomes in a position to exercise control of one or
21
more other registered news media voices; and
22
(d) the event mentioned in paragraph (c) is related to the
23
cessation;
24
the event mentioned in paragraph (c) is a control event in relation
25
to each of the registered news media voices mentioned in that
26
paragraph.
27
78BB Control events--listed news media voices
28
(1) For the purposes of this Part, if:
29
(a) a person is not in a position to exercise control of any listed
30
news media voice; and
31
(b) the person becomes in a position to exercise control of 2 or
32
more listed news media voices;
33
the event mentioned in paragraph (b) is a control event in relation
34
to each of the listed news media voices mentioned in that
35
paragraph.
36
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
13
(2) For the purposes of this Part, if:
1
(a) a person is in a position to exercise control of a single listed
2
news media voice; and
3
(b) the person becomes in a position to exercise control of one or
4
more additional listed news media voices;
5
the event mentioned in paragraph (b) is a control event in relation
6
to each of the listed news media voices mentioned in that
7
paragraph.
8
(3) For the purposes of this Part, if:
9
(a) a person is in a position to exercise control of 2 or more listed
10
news media voices; and
11
(b) the person becomes in a position to exercise control of one or
12
more additional listed news media voices;
13
the event mentioned in paragraph (b) is a control event in relation
14
to each of the listed news media voices mentioned in that
15
paragraph.
16
(4) For the purposes of this Part, if:
17
(a) a person is in a position to exercise control of 2 or more listed
18
news media voices; and
19
(b) the person ceases to be in a position to exercise control of
20
one or more of those listed news media voices; and
21
(c) the person becomes in a position to exercise control of one or
22
more other listed news media voices; and
23
(d) the event mentioned in paragraph (c) is related to the
24
cessation;
25
the event mentioned in paragraph (c) is a control event in relation
26
to each of the listed news media voices mentioned in that
27
paragraph.
28
(5) It is immaterial whether a control event occurred before, at or after
29
the commencement of this section.
30
78BC Prohibition of transactions that result in a control event
31
occurring in relation to one or more registered news
32
media voices--offence
33
A person commits an offence if:
34
Schedule 1 Amendments
14 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(a) one or more transactions take place after the commencement
1
of this section; and
2
(b) the transactions have the result that a control event occurs
3
after the interim period in relation to one or more registered
4
news media voices; and
5
(c) the person was:
6
(i) a party to the transactions; or
7
(ii) in a position to prevent the transactions taking place;
8
and
9
(d) the PIMA has not approved the transactions under
10
section 78CB.
11
Penalty: 20,000 penalty units.
12
78BD Prohibition of transactions that result in a control event
13
occurring in relation to one or more listed news media
14
voices--offence
15
A person commits an offence if:
16
(a) one or more transactions take place after the commencement
17
of this section; and
18
(b) the transactions have the result that a control event occurs
19
during the interim period in relation to one or more listed
20
news media voices; and
21
(c) the person was:
22
(i) a party to the transactions; or
23
(ii) in a position to prevent the transactions taking place;
24
and
25
(d) the PIMA has not approved the transactions under
26
section 78CB.
27
Penalty: 20,000 penalty units.
28
78BE Prohibition of transactions that result in a control event
29
occurring in relation to one or more registered news
30
media voices--civil penalty
31
Scope
32
(1) This section applies if:
33
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
15
(a) one or more transactions take place after the commencement
1
of this section; and
2
(b) the transactions have the result that a control event occurs
3
after the interim period in relation to one or more registered
4
news media voices; and
5
(c) the PIMA has not approved the transactions under
6
section 78CB.
7
Prohibition
8
(2) A person must not be:
9
(a) a party to the transactions; or
10
(b) in a position to prevent the transactions taking place.
11
(3) Subsection (2) is a civil penalty provision.
12
78BF Prohibition of transactions that result in a control event
13
occurring in relation to one or more listed news media
14
voices--civil penalty
15
Scope
16
(1) This section applies if:
17
(a) one or more transactions take place after the commencement
18
of this section; and
19
(b) the transactions have the result that a control event occurs
20
during the interim period in relation to one or more listed
21
news media voices; and
22
(c) the PIMA has not approved the transactions under
23
section 78CB.
24
Prohibition
25
(2) A person must not be:
26
(a) a party to the transactions; or
27
(b) in a position to prevent the transactions taking place.
28
(3) Subsection (2) is a civil penalty provision.
29
Schedule 1 Amendments
16 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
Division 3--Prior approval of transactions that result in a
1
control event occurring
2
78CA Application for prior approval of transactions that result in a
3
control event occurring
4
(1) A person may, before a transaction takes place that would place a
5
person in breach of section 78BC, 78BD, 78BE or 78BF, make an
6
application to the PIMA for an approval of the transaction.
7
(2) An application is to be made in accordance with a form approved,
8
in writing, by the PIMA.
9
(3) If the PIMA considers that additional information is required
10
before the PIMA can make a decision on an application, the PIMA
11
may, by written notice given to the applicant within 30 days after
12
receiving the application, request the applicant to provide that
13
information.
14
78CB Prior approval of transactions that result in a control event
15
occurring
16
Scope
17
(1) This section applies if an application under section 78CA has been
18
made for approval of a transaction.
19
Decision
20
(2) After considering the application, the PIMA must, by writing:
21
(a) approve the transaction; or
22
(b) refuse to approve the transaction.
23
Criteria for approval after the interim period
24
(3) If the transaction would have the result that a control event would
25
occur in relation to one or more registered news media voices after
26
the interim period, the PIMA must not approve the transaction
27
unless:
28
(a) the applicant satisfies the PIMA that the relevant control
29
event will not result in a substantial lessening of diversity of
30
control of registered news media voices; or
31
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
17
(b) the PIMA is satisfied:
1
(i) that the relevant control event is likely to result in a
2
benefit to the public; and
3
(ii) that the benefit outweighs, or would outweigh, the
4
detriment to the public constituted by any lessening of
5
diversity of control of registered news media voices that
6
would result from the relevant control event.
7
Criteria for approval during the interim period
8
(4) If the transaction would have the result that a control event would
9
occur in relation to one or more listed news media voices during
10
the interim period, the PIMA must not approve the transaction
11
unless:
12
(a) the applicant satisfies the PIMA that the relevant control
13
event will not result in a substantial lessening of diversity of
14
control of listed news media voices; or
15
(b) the PIMA is satisfied:
16
(i) that the relevant control event is likely to result in a
17
benefit to the public; and
18
(ii) that the benefit outweighs, or would outweigh, the
19
detriment to the public constituted by any lessening of
20
diversity of control of listed news media voices that
21
would result from the relevant control event.
22
(5) In deciding whether to approve the transaction, the PIMA may
23
have regard to:
24
(a) any relevant undertakings that:
25
(i) have been accepted by the PIMA under section 78DA;
26
and
27
(ii) have not been withdrawn; and
28
(b) such other matters (if any) as the PIMA considers relevant.
29
Duration of approval
30
(6) If the PIMA approves the transaction, the approval remains in
31
force until the end of the period specified in the approval.
32
Schedule 1 Amendments
18 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
Timing
1
(7) The PIMA must use his or her best endeavours to make a decision
2
on the application:
3
(a) if the PIMA requests the applicant to provide additional
4
information under subsection 78CA(3)--within 90 days after
5
the applicant gave the PIMA the additional information; or
6
(b) otherwise--within 90 days after receipt of the application.
7
Notification of decision
8
(8) If the PIMA approves the transaction, the PIMA must:
9
(a) give written notice of the approval, and the reasons for the
10
approval, to:
11
(i) the applicant; and
12
(ii) the ACMA; and
13
(b) publish the approval, and the reasons for the approval, on the
14
Department's website.
15
(9) If the PIMA refuses to approve the transaction, the PIMA must:
16
(a) give written notice of the refusal, and the reasons for the
17
refusal, to:
18
(i) the applicant; and
19
(ii) the ACMA; and
20
(b) publish the refusal, and the reasons for the refusal, on the
21
Department's website.
22
78CC Consultation
23
Before making a decision under subsection 78CB(2), the PIMA
24
must:
25
(a) cause to be published on the Department's website a notice:
26
(i) setting out the proposed decision; and
27
(ii) inviting persons to make submissions to the PIMA
28
about the proposed decision within 28 days after the
29
notice is published; and
30
(b) consider any submissions that were received within the
31
28-day period mentioned in paragraph (a).
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Division 4--Undertakings
1
78DA Acceptance of undertaking
2
(1) The PIMA may:
3
(a) after the interim period, accept a written undertaking given
4
by a person that the person will take specified action in
5
relation to news or current affairs content provided by a
6
specified registered news media voice; or
7
(b) after the interim period, accept a written undertaking given
8
by a person that the person will refrain from taking specified
9
action in relation to news or current affairs content provided
10
by a specified registered news media voice; or
11
(c) during the interim period, accept a written undertaking given
12
by a person that the person will take specified action in
13
relation to news or current affairs content provided by a
14
specified listed news media voice; or
15
(d) during the interim period, accept a written undertaking given
16
by a person that the person will refrain from taking specified
17
action in relation to news or current affairs content provided
18
by a specified listed news media voice.
19
(2) The undertaking must be expressed to be an undertaking under this
20
section.
21
(3) The undertaking, or one or more provisions of the undertaking,
22
may be expressed to be contingent on the happening of a specified
23
event.
24
Withdrawal of undertaking
25
(4) The person may withdraw or vary the undertaking at any time
26
before the undertaking is accepted by the PIMA.
27
Decision to accept undertaking
28
(5) If the undertaking was given to the PIMA after the interim period,
29
then, in deciding whether to accept the undertaking, the PIMA
30
must have regard to:
31
(a) the need to maintain diversity of control of registered news
32
media voices; and
33
(b) such other matters (if any) as the PIMA considers relevant.
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(6) If the undertaking was given to the PIMA during the interim
1
period, then, in deciding whether to accept the undertaking, the
2
PIMA must have regard to:
3
(a) the need to maintain diversity of control of listed news media
4
voices; and
5
(b) such other matters (if any) as the PIMA considers relevant.
6
(7) Before deciding whether to accept the undertaking, the PIMA must
7
consult the ACMA.
8
Functions and powers
9
(8) If the undertaking provides for the PIMA to perform functions or
10
exercise powers in relation to the undertaking, the PIMA may
11
perform those functions and exercise those powers.
12
(9) If the undertaking provides for the ACMA to perform functions or
13
exercise powers in relation to the undertaking, the ACMA may
14
perform those functions and exercise those powers.
15
Publication of undertaking
16
(10) The PIMA must publish a summary of the undertaking on the
17
Department's website.
18
(11) The PIMA may publish the undertaking on the Department's
19
website.
20
78DB Variation of undertaking
21
Scope
22
(1) This section applies if an undertaking given by a person has been
23
accepted by the PIMA under section 78DA.
24
Variation
25
(2) The person may give the PIMA a variation of the undertaking.
26
Decision to accept or reject variation
27
(3) After considering the variation, the PIMA must decide to:
28
(a) accept the variation; or
29
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21
(b) reject the variation.
1
(4) If the variation was given to the PIMA after the interim period,
2
then, in making a decision under subsection (3), the PIMA must
3
have regard to:
4
(a) the need to maintain diversity of control of registered news
5
media voices; and
6
(b) such other matters (if any) as the PIMA considers relevant.
7
(5) If the variation was given to the PIMA during the interim period,
8
then, in making a decision under subsection (3), the PIMA must
9
have regard to:
10
(a) the need to maintain diversity of control of listed news media
11
voices; and
12
(b) such other matters (if any) as the PIMA considers relevant.
13
(6) Before making a decision under subsection (3), the PIMA must
14
consult the ACMA.
15
Timing
16
(7) The PIMA must use his or her best endeavours to make a decision
17
under subsection (3) within 90 days after receipt of the variation.
18
Notice of decision
19
(8) If the PIMA accepts the variation, the PIMA must give the person
20
and the ACMA a written notice:
21
(a) stating that the variation has been accepted; and
22
(b) setting out the terms of the variation.
23
(9) If the PIMA rejects the variation, the PIMA must give the person
24
and the ACMA a written notice:
25
(a) stating that the variation has been rejected; and
26
(b) setting out the reasons for the rejection.
27
Publication of variation
28
(10) If the PIMA accepts the variation:
29
(a) the PIMA must publish a summary of the variation on the
30
Department's website; and
31
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(b) the PIMA may publish the variation on the Department's
1
website.
2
78DC Withdrawal of undertaking
3
Scope
4
(1) This section applies if an undertaking given by a person has been
5
accepted by the PIMA under section 78DA.
6
Consent to withdrawal
7
(2) The person may, with the consent of the PIMA, withdraw the
8
undertaking.
9
Application
10
(3) The person may apply to the PIMA for consent to withdraw the
11
undertaking.
12
(4) An application is to be made in accordance with a form approved,
13
in writing, by the PIMA.
14
Decision on application
15
(5) After considering the application, the PIMA must decide to:
16
(a) consent to the withdrawal; or
17
(b) refuse to consent to the withdrawal.
18
(6) If the application was made after the interim period, then, in
19
making a decision under subsection (5), the PIMA must have
20
regard to:
21
(a) the need to maintain diversity of control of registered news
22
media voices; and
23
(b) such other matters (if any) as the PIMA considers relevant.
24
(7) If the application was made during the interim period, then, in
25
making a decision under subsection (5), the PIMA must have
26
regard to:
27
(a) the need to maintain diversity of control of listed news media
28
voices; and
29
(b) such other matters (if any) as the PIMA considers relevant.
30
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(8) Before making a decision under subsection (5), the PIMA must
1
consult the ACMA.
2
Timing
3
(9) The PIMA must use his or her best endeavours to make a decision
4
under subsection (5) within 90 days after receipt of the withdrawal.
5
Notice of decision
6
(10) If the PIMA consents to the withdrawal, the PIMA must give the
7
person and the ACMA a written notice stating that the PIMA has
8
consented to the withdrawal.
9
(11) If the PIMA refuses to consent to the withdrawal, the PIMA must
10
give the person and the ACMA a written notice stating that the
11
PIMA has refused to consent to the withdrawal.
12
Publication of withdrawal
13
(12) If the PIMA consents to the withdrawal, the PIMA must publish
14
the withdrawal on the Department's website.
15
78DD Consultation--variation or withdrawal of undertaking
16
(1) Before making a decision under subsection 78DB(3) or 78DC(5),
17
the PIMA must:
18
(a) cause to be published on the Department's website a notice:
19
(i) setting out the proposed decision; and
20
(ii) inviting persons to make submissions to the PIMA
21
about the proposed decision within 28 days after the
22
notice is published; and
23
(b) consider any submissions that were received within the
24
28-day period mentioned in paragraph (a).
25
(2) Subsection (1) of this section does not apply to a decision under
26
subsection 78DB(3) that relates to a minor variation.
27
78DE Enforcement of undertaking
28
(1) If:
29
(a) the PIMA has accepted an undertaking given by a person
30
under section 78DA; and
31
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(b) the undertaking has not been withdrawn; and
1
(c) the ACMA considers that the person has breached the
2
undertaking;
3
the ACMA may apply to the Federal Court for an order under
4
subsection (2).
5
(2) If the Federal Court is satisfied that the person has breached the
6
undertaking, the court may make any or all of the following orders:
7
(a) an order directing the person to comply with the undertaking;
8
(b) an order directing the person to pay to the ACMA, on behalf
9
of the Commonwealth, an amount up to the amount of any
10
financial benefit that the person has obtained directly or
11
indirectly and that is reasonably attributable to the breach;
12
(c) any order that the court considers appropriate directing the
13
person to compensate any other person who has suffered loss
14
or damage as a result of the breach;
15
(d) any other order that the court considers appropriate.
16
Division 5--Remedial directions
17
78EA Directions relating to control events that occur after the
18
interim period
19
Scope
20
(1) This section applies if:
21
(a) one or more transactions took place after the commencement
22
of this section; and
23
(b) the transactions had the result that a control event occurred
24
after the interim period in relation to one or more registered
25
news media voices; and
26
(c) the control event involved a person becoming in a position to
27
exercise control of a particular registered news media voice;
28
and
29
(d) the PIMA did not approve the transactions under
30
section 78CB.
31
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Direction
1
(2) The PIMA may, by written notice given to the person, direct the
2
person to take specified action for the purposes of ensuring that the
3
person ceases to be in a position to exercise control of the
4
registered news media voice.
5
(3) The PIMA's directions may include any or all of the following:
6
(a) a direction requiring the disposal of shares or interests in
7
shares;
8
(b) a direction restraining the exercise of any rights attached to:
9
(i) shares; or
10
(ii) interests in shares;
11
(c) a direction prohibiting or deferring the payment of any sums
12
due to a person in respect of shares, or interests in shares,
13
held by the person;
14
(d) a direction that any exercise of rights attached to:
15
(i) shares; or
16
(ii) interests in shares;
17
be disregarded.
18
(4) Subsection (3) does not limit subsection (2).
19
(5) A direction under subsection (2) must specify a period within
20
which the person must comply with the direction.
21
(6) The period must not be longer than 12 months.
22
(7) In exercising the power conferred by subsection (2), the PIMA
23
must have regard to:
24
(a) the need to maintain or restore diversity of control of
25
registered news media voices; and
26
(b) such other matters (if any) as the PIMA considers relevant.
27
78EB Directions relating to control events that occur during the
28
interim period
29
Scope
30
(1) This section applies if:
31
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26 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(a) one or more transactions took place after the commencement
1
of this section; and
2
(b) the transactions had the result that a control event occurred
3
during the interim period in relation to one or more listed
4
news media voices; and
5
(c) the control event involved a person becoming in a position to
6
exercise control of a particular listed news media voice; and
7
(d) the PIMA did not approve the transactions under
8
section 78CB.
9
Direction
10
(2) The PIMA may, by written notice given to the person, direct the
11
person to take specified action for the purposes of ensuring that the
12
person ceases to be in a position to exercise control of the listed
13
news media voice.
14
(3) The PIMA's directions may include any or all of the following:
15
(a) a direction requiring the disposal of shares or interests in
16
shares;
17
(b) a direction restraining the exercise of any rights attached to:
18
(i) shares; or
19
(ii) interests in shares;
20
(c) a direction prohibiting or deferring the payment of any sums
21
due to a person in respect of shares, or interests in shares,
22
held by the person;
23
(d) a direction that any exercise of rights attached to:
24
(i) shares; or
25
(ii) interests in shares;
26
be disregarded.
27
(4) Subsection (3) does not limit subsection (2).
28
(5) A direction under subsection (2) must specify a period within
29
which the person must comply with the direction.
30
(6) The period must not be longer than 12 months.
31
(7) In exercising the power conferred by subsection (2), the PIMA
32
must have regard to:
33
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27
(a) the need to maintain or restore diversity of control of listed
1
news media voices; and
2
(b) such other matters (if any) as the PIMA considers relevant.
3
78EC Directions relating to control events that occurred during the
4
pre-commencement period
5
Scope
6
(1) This section applies if:
7
(a) one or more transactions took place before the
8
commencement of this section; and
9
(b) the transactions had the result that a control event occurred
10
before the commencement of this section in relation to one or
11
more listed news media voices; and
12
(c) the control event involved a person becoming in a position to
13
exercise control of a particular listed news media voice; and
14
(d) the PIMA is satisfied that the control event has resulted in a
15
substantial lessening of diversity of control of listed news
16
media voices.
17
Direction
18
(2) The PIMA may, by written notice given to the person during the
19
interim period, direct the person to take specified action for the
20
purposes of ensuring that the person ceases to be in a position to
21
exercise control of the listed news media voice.
22
(3) The PIMA's directions may include any or all of the following:
23
(a) a direction requiring the disposal of shares or interests in
24
shares;
25
(b) a direction restraining the exercise of any rights attached to:
26
(i) shares; or
27
(ii) interests in shares;
28
(c) a direction prohibiting or deferring the payment of any sums
29
due to a person in respect of shares, or interests in shares,
30
held by the person;
31
(d) a direction that any exercise of rights attached to:
32
(i) shares; or
33
(ii) interests in shares;
34
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28 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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be disregarded.
1
(4) Subsection (3) does not limit subsection (2).
2
(5) A direction under subsection (2) must specify a period within
3
which the person must comply with the direction.
4
(6) The period must not be longer than 12 months.
5
(7) In exercising the power conferred by subsection (2), the PIMA
6
must have regard to:
7
(a) the need to maintain or restore diversity of control of listed
8
news media voices; and
9
(b) such other matters (if any) as the PIMA considers relevant.
10
78ED Breach of direction--offence
11
(1) A person commits an offence if:
12
(a) the person has been given a direction under section 78EA,
13
78EB or 78EC; and
14
(b) the person engages in conduct; and
15
(c) the person's conduct contravenes a requirement in the
16
direction.
17
Penalty: 20,000 penalty units.
18
(2) A person who contravenes subsection (1) commits a separate
19
offence in respect of each day (including a day of a conviction for
20
the offence or any later day) during which the contravention
21
continues.
22
78EE Breach of direction--civil penalty
23
(1) A person must comply with a direction under section 78EA, 78EB
24
or 78EC.
25
(2) Subsection (1) is a civil penalty provision.
26
(3) A person who contravenes subsection (1) commits a separate
27
contravention of that subsection in respect of each day (including a
28
day of the making of a relevant civil penalty order or any later day)
29
during which the contravention continues.
30
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Division 6--Information-gathering powers
1
78FA PIMA may obtain information or documents
2
Scope
3
(1) This section applies to a person if the PIMA believes on reasonable
4
grounds that the person has information or a document that is
5
relevant to the operation of this Part.
6
Requirement
7
(2) The PIMA may, by written notice given to the person, require the
8
person:
9
(a) to give to the PIMA, within the period and in the manner and
10
form specified in the notice, any such information; or
11
(b) to produce to the PIMA, within the period and in the manner
12
specified in the notice, any such documents; or
13
(c) to make copies of any such documents and to produce to the
14
PIMA, within the period and in the manner specified in the
15
notice, those copies.
16
(3) A period specified under subsection (2) must not be shorter than 14
17
days after the notice is given.
18
Compliance
19
(4) A person must comply with a requirement under subsection (2).
20
(5) Subsection (4) is a civil penalty provision.
21
78FB Copying documents--compensation
22
A person is entitled to be paid by the Commonwealth reasonable
23
compensation for complying with a requirement covered by
24
paragraph 78FA(2)(c).
25
78FC Copies of documents
26
(1) The PIMA may:
27
(a) inspect a document or copy produced under
28
subsection 78FA(2); and
29
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30 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(b) make and retain copies of, or take and retain extracts from,
1
such a document.
2
(2) The PIMA may retain possession of a copy of a document
3
produced in accordance with a requirement covered by
4
paragraph 78FA(2)(c).
5
78FD PIMA may retain documents
6
(1) The PIMA may take, and retain for as long as is necessary,
7
possession of a document produced under subsection 78FA(2).
8
(2) The person otherwise entitled to possession of the document is
9
entitled to be supplied, as soon as practicable, with a copy certified
10
by the PIMA to be a true copy.
11
(3) The certified copy must be received in all courts and tribunals as
12
evidence as if it were the original.
13
(4) Until a certified copy is supplied, the PIMA must, at such times
14
and places as the PIMA thinks appropriate, permit the person
15
otherwise entitled to possession of the document, or a person
16
authorised by that person, to inspect and make copies of, or take
17
extracts from, the document.
18
Division 7--News media voices
19
78GA News media voices
20
(1) For the purposes of this Part, each of the following is a news media
21
voice:
22
(a) a commercial television broadcasting service that:
23
(i) provides regularly scheduled news or current affairs
24
programs; or
25
(ii) specialises in news or current affairs content;
26
(b) a commercial television broadcasting service that is specified
27
in a legislative instrument made by the Minister;
28
(c) a commercial radio broadcasting service that:
29
(i) provides regularly scheduled news or current affairs
30
programs; or
31
(ii) specialises in news or current affairs content;
32
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(d) a commercial radio broadcasting service that is specified in a
1
legislative instrument made by the Minister;
2
(e) a subscription television service that:
3
(i) provides regularly scheduled news or current affairs
4
programs that are targeted to the public in Australia; or
5
(ii) specialises in news or current affairs content that is
6
targeted to the public in Australia;
7
(f) a subscription television service that is specified in a
8
legislative instrument made by the Minister;
9
(g) a subscription television platform;
10
(h) a print publication:
11
(i) the content of which consists of, or includes, news or
12
current affairs content; and
13
(ii) that is published by a constitutional corporation whose
14
activities are wholly or principally media-related
15
activities; and
16
(iii) the content of which is targeted to the public in
17
Australia; and
18
(iv) the content of which is not targeted to a special interest
19
group; and
20
(v) that is intended to be circulated wholly or principally by
21
way of sale;
22
(i) a print publication that:
23
(i) is published by a constitutional corporation; and
24
(ii) is specified in a legislative instrument made by the
25
Minister;
26
(j) an online service:
27
(i) that delivers or makes available news or current affairs
28
content; and
29
(ii) that is provided by a person whose activities are wholly
30
or principally media-related activities; and
31
(iii) the content of which is targeted to the public in
32
Australia; and
33
(iv) the content of which is not targeted to a special interest
34
group; and
35
(v) that has paying customers; and
36
(vi) that is not a news or current affairs aggregation service;
37
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32 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(k) an online service that is specified in a legislative instrument
1
made by the Minister.
2
Note:
For specification by class, see subsection 13(3) of the Legislative
3
Instruments Act 2003.
4
(2) Subsection (1) has effect subject to subsections (3) to (8).
5
Exemptions
6
(3) The Minister may, by legislative instrument, determine that a
7
specified commercial television broadcasting service is not a news
8
media voice for the purposes of this Part.
9
(4) The Minister may, by legislative instrument, determine that a
10
specified commercial radio broadcasting service is not a news
11
media voice for the purposes of this Part.
12
(5) The Minister may, by legislative instrument, determine that a
13
specified subscription television service is not a news media voice
14
for the purposes of this Part.
15
(6) The Minister may, by legislative instrument, determine that a
16
specified subscription television platform is not a news media
17
voice for the purposes of this Part.
18
(7) The Minister may, by legislative instrument, determine that a
19
specified print publication is not a news media voice for the
20
purposes of this Part.
21
(8) The Minister may, by legislative instrument, determine that a
22
specified online service is not a news media voice for the purposes
23
of this Part.
24
Section 38C licences
25
(9) This section does not apply to a commercial television
26
broadcasting service that is provided under a licence allocated
27
under section 38C.
28
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33
Division 8--Registrable news media voices
1
78HA Commercial television broadcasting services that are
2
registrable news media voices
3
(1) If a commercial television broadcasting service is a news media
4
voice, the service is a registrable news media voice for the
5
purposes of this Part if the sum of:
6
(a) the number that, under the Eligibility Rules, is taken to be the
7
average number of viewers of the commercial television
8
broadcasting service; and
9
(b) if an online service is:
10
(i) associated with the commercial television broadcasting
11
service; and
12
(ii) a news media voice;
13
the number that, under the Eligibility Rules, is taken to be the
14
average number of paying customers of the online service;
15
exceeds 30% of the average metropolitan commercial television
16
evening news audience.
17
Exemptions
18
(2) Subsection (1) has effect subject to subsection (3).
19
(3) The Minister may, by legislative instrument, determine that a
20
specified commercial television broadcasting service is not a
21
registrable news media voice for the purposes of this Part.
22
78HB Commercial radio broadcasting services that are registrable
23
news media voices
24
(1) If a commercial radio broadcasting service is a news media voice,
25
the service is a registrable news media voice for the purposes of
26
this Part if the sum of:
27
(a) the number that, under the Eligibility Rules, is taken to be the
28
average number of listeners to the commercial radio
29
broadcasting service; and
30
(b) if an online service is:
31
(i) associated with the commercial radio broadcasting
32
service; and
33
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34 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(ii) a news media voice;
1
the number that, under the Eligibility Rules, is taken to be the
2
average number of paying customers of the online service;
3
exceeds 30% of the average metropolitan commercial television
4
evening news audience.
5
Exemptions
6
(2) Subsection (1) has effect subject to subsection (3).
7
(3) The Minister may, by legislative instrument, determine that a
8
specified commercial radio broadcasting service is not a
9
registrable news media voice for the purposes of this Part.
10
78HC Subscription television services that are registrable news
11
media voices
12
(1) A subscription television service is a registrable news media voice
13
for the purposes of this Part if the sum of:
14
(a) the number that, under the Eligibility Rules, is taken to be the
15
average number of viewers of the subscription television
16
service; and
17
(b) if an online service is:
18
(i) associated with the subscription television service; and
19
(ii) a news media voice;
20
the number that, under the Eligibility Rules, is taken to be the
21
average number of paying customers of the online service;
22
exceeds 30% of the average metropolitan commercial television
23
evening news audience.
24
Exemptions
25
(2) Subsection (1) has effect subject to subsection (3).
26
(3) The Minister may, by legislative instrument, determine that a
27
specified subscription television service is not a registrable news
28
media voice for the purposes of this Part.
29
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78HD Subscription television platforms that are registrable news
1
media voices
2
(1) A subscription television platform for a branded group of
3
subscription television services is a registrable news media voice
4
for the purposes of this Part if the sum of:
5
(a) the number that, under the Eligibility Rules, is taken to be the
6
average number of viewers of subscription television services
7
that:
8
(i) are news media voices; and
9
(ii) belong to the branded group; and
10
(b) if:
11
(i) an online service is associated with a subscription
12
television service; and
13
(ii) the subscription television service is a news media
14
voice; and
15
(iii) the subscription television service belongs to the
16
branded group; and
17
(iv) the online service is a news media voice;
18
the number that, under the Eligibility Rules, is taken to be the
19
average number of paying customers of the online service;
20
exceeds 30% of the average metropolitan commercial television
21
evening news audience.
22
Exemptions
23
(2) Subsection (1) has effect subject to subsection (3).
24
(3) The Minister may, by legislative instrument, determine that a
25
specified subscription television platform is not a registrable news
26
media voice for the purposes of this Part.
27
78HE Print publications that are registrable news media voices
28
(1) If a print publication is a news media voice, the print publication is
29
a registrable news media voice for the purposes of this Part if the
30
sum of:
31
(a) the number that, under the Eligibility Rules, is taken to be the
32
average number of purchasers of the publication; and
33
(b) if an online service is:
34
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36 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(i) associated with the print publication; and
1
(ii) a news media voice;
2
the number that, under the Eligibility Rules, is taken to be the
3
average number of paying customers of the online service;
4
exceeds 30% of the average metropolitan commercial television
5
evening news audience.
6
Exemptions
7
(2) Subsection (1) has effect subject to subsection (3).
8
(3) The Minister may, by legislative instrument, determine that a
9
specified print publication is not a registrable news media voice
10
for the purposes of this Part.
11
78HF Online services that are registrable news media voices
12
Online services--general
13
(1) If:
14
(a) an online service is a news media voice; and
15
(b) the number that, under the Eligibility Rules, is taken to be the
16
average number of paying customers of the online service,
17
exceeds 30% of the average metropolitan commercial
18
television evening news audience;
19
the online service is a registrable news media voice for the
20
purposes of this Part.
21
Associated online services
22
(2) If:
23
(a) a commercial television broadcasting service is a registrable
24
news media voice; and
25
(b) an online service is associated with the commercial television
26
broadcasting service;
27
the online service is a registrable news media voice for the
28
purposes of this Part.
29
(3) If:
30
(a) a commercial radio broadcasting service is a registrable news
31
media voice; and
32
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(b) an online service is associated with the commercial radio
1
broadcasting service;
2
the online service is a registrable news media voice for the
3
purposes of this Part.
4
(4) If:
5
(a) a subscription television service is a registrable news media
6
voice; and
7
(b) the service belongs to a branded group of subscription
8
television services; and
9
(c) an online service is associated with the branded group;
10
the online service is a registrable news media voice for the
11
purposes of this Part.
12
(5) If:
13
(a) a subscription television service is a registrable news media
14
voice; and
15
(b) an online service is associated with the subscription
16
television service;
17
the online service is a registrable news media voice for the
18
purposes of this Part.
19
(6) If:
20
(a) a subscription television platform for a branded group of
21
subscription television services is a registrable news media
22
voice; and
23
(b) an online service is associated with the branded group;
24
the online service is a registrable news media voice for the
25
purposes of this Part.
26
(7) If:
27
(a) a print publication is a registrable news media voice; and
28
(b) the online service is associated with the print publication;
29
the online service is a registrable news media voice for the
30
purposes of this Part.
31
Exemptions
32
(8) Subsections (1) to (7) have effect subject to subsection (9).
33
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(9) The Minister may, by legislative instrument, determine that a
1
specified online service is not a registrable news media voice for
2
the purposes of this Part.
3
78HG Average metropolitan commercial television evening news
4
audience
5
(1) For the purposes of this Part, the average metropolitan
6
commercial television evening news audience is the number
7
worked out using the formula:
8
Aggregate metropolitan
commercial television
evening news audience number
15
9
where:
10
aggregate metropolitan commercial television evening news
11
audience number means the number that, under the Eligibility
12
Rules, is taken to be the aggregate metropolitan commercial
13
television evening news audience number.
14
(2) In making Eligibility Rules for the purposes of subsection (1), the
15
ACMA:
16
(a) must have regard to commercial television broadcasting
17
services provided in metropolitan licence areas (within the
18
meaning of Schedule 4); and
19
(b) must not have regard to commercial television broadcasting
20
services provided in any other licence areas.
21
78HH Eligibility Rules
22
(1) The ACMA may, by writing, make rules (the Eligibility Rules)
23
prescribing matters permitted by a provision of this Division (other
24
than this section) to be prescribed by the Eligibility Rules.
25
(2) The Eligibility Rules are not a legislative instrument.
26
(3) The ACMA must publish a copy of the Eligibility Rules on the
27
ACMA's website.
28
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Division 9--Listed news media voices
1
78JA Listed news media voices
2
Commercial television broadcasting services
3
(1) For the purposes of this Part, a commercial television broadcasting
4
service set out in the following table is a listed news media voice:
5
6
Commercial television broadcasting services
Item
On-air identifier
Licence area
1
Nine
Adelaide TV 1
2
Seven
Adelaide TV 1
3
TEN
Adelaide TV 1
4
Nine
Brisbane TV 1
5
Seven
Brisbane TV 1
6
TEN
Brisbane TV 1
7
Nine
Melbourne TV 1
8
Seven
Melbourne TV 1
9
TEN
Melbourne TV 1
10
Nine
Northern New South Wales TV 1
11
Prime
Northern New South Wales TV 1
12
TEN
Northern New South Wales TV 1
13
Nine Perth
Perth TV 1
14
Seven
Perth TV 1
15
TEN
Perth TV 1
16
Prime
Regional Queensland TV 1
17
Southern Cross TEN
Regional Queensland TV 1
18
WIN Television
Regional Queensland TV 1
19
WIN Television
Regional Victoria TV 1
20
Prime
Regional Victoria TV 1
21
Prime
Southern New South Wales TV 1
22
WIN
Southern New South Wales TV 1
23
Nine
Sydney TV 1
24
Seven
Sydney TV 1
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Commercial television broadcasting services
Item
On-air identifier
Licence area
25
TEN
Sydney TV 1
26
Southern Cross Television
Tasmania TV 1
(2) If the on-air identifier of a commercial television broadcasting
1
service is changed, a reference in the table in subsection (1) to the
2
service under its former on-air identifier is to be construed as a
3
reference to the service under the new on-air identifier.
4
Commercial radio broadcasting services
5
(3) For the purposes of this Part, a commercial radio broadcasting
6
service set out in the following table is a listed news media voice:
7
8
Commercial radio broadcasting services
Item
Call sign
Licence area
1
5AA
Adelaide RA 1
2
4BC
Brisbane RA 1
3
3AW
Melbourne RA 1
4
6PR
Perth RA 1
5
2UE
Sydney RA 1
6
2GB
Sydney RA 1
(4) If the call sign of a commercial radio broadcasting service is
9
changed, a reference in the table in subsection (3) to the service
10
under its former call sign is to be construed as a reference to the
11
service under the new call sign.
12
Subscription television services
13
(5) For the purposes of this Part, the subscription television service
14
known as Sky News National is a listed news media voice.
15
(6) If the name of a subscription television service is changed, a
16
reference in subsection (5) to the service under its former name is
17
to be construed as a reference to the service under the new name.
18
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Subscription television platform
1
(7) For the purposes of this Part, if a subscription television platform is
2
a subscription television platform for the branded group of
3
subscription television services marketed to the public under the
4
Foxtel brand, the platform is a listed news media voice for the
5
purposes of this Part.
6
Print publications
7
(8) For the purposes of this Part, if:
8
(a) a print publication is set out in the following table; and
9
(b) the publisher of the print publication is a constitutional
10
corporation;
11
the print publication is a listed news media voice:
12
13
Print publications
Print publication
The Advertiser
The Age
Australian Financial Review
The Australian
The Weekend Australian
The Courier Mail
Daily Telegraph
Herald Sun
The Sydney Morning Herald
Sunday Age
Sun-Herald
Sunday Herald-Sun
The Sunday Mail (Adelaide)
Sunday Mail (Queensland)
The Sunday Times (Perth)
Sunday Telegraph
The Weekly Times (Victoria)
The West Australian
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42 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(9) If the name of a print publication is changed, a reference in the
1
table in subsection (8) to the print publication under its former
2
name is to be construed as a reference to the print publication
3
under the new name.
4
Division 10--Register of News Media Voices
5
78KA Register of News Media Voices
6
(1) The ACMA is to maintain a register, to be known as the Register
7
of News Media Voices, in which are to be made the entries
8
required by section 78KB.
9
(2) The Register is to be maintained by electronic means.
10
(3) The Register is to be made available for inspection on the internet.
11
(4) The Register is not a legislative instrument.
12
(5) The ACMA must begin to comply with subsection (1):
13
(a) as soon as practicable; and
14
(b) in any event, within 6 months;
15
after the commencement of this section.
16
78KB Registrable news media voices to be entered in the Register
17
etc.
18
(1) If the ACMA is satisfied that a news media voice is a registrable
19
news media voice, the ACMA must enter the news media voice in
20
the Register.
21
(2) If:
22
(a) there is an entry for a news media voice in the Register; and
23
(b) the ACMA is satisfied that the news media voice is not a
24
registrable news media voice;
25
the ACMA must remove the entry from the Register.
26
78KC Corrections of clerical errors or obvious defects
27
The ACMA may alter the Register for the purposes of correcting a
28
clerical error or an obvious defect in the Register.
29
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78KD Legislative instrument--further provision about the
1
operation of the Register
2
The Minister may, by legislative instrument, make further
3
provision about the operation of the Register.
4
Division 11--Prior opinions by the ACMA
5
78LA Requests to the ACMA to give an opinion on whether a person
6
is in a position to control a print publication, an online
7
service or a subscription television service etc.
8
(1) A person may apply to the ACMA for an opinion as to whether:
9
(a) the person is in a position to exercise control of:
10
(i) a print publication; or
11
(ii) an online service; or
12
(iii) a subscription television service; or
13
(iv) a subscription television platform; or
14
(b) the person would, if a specified transaction took place, be in a
15
position to exercise control of:
16
(i) a print publication; or
17
(ii) an online service; or
18
(iii) a subscription television service; or
19
(iv) a subscription television platform.
20
(2) An application must be in accordance with the form approved, in
21
writing, by the ACMA.
22
(3) An application must set out the applicant's opinion as to whether
23
the applicant is, or would be, in a position to exercise control of the
24
print publication, online service, subscription television service or
25
subscription television platform, as the case may be.
26
(4) If the ACMA considers that additional information is required
27
before an opinion can be given, the ACMA may, by written notice
28
given to the applicant within 30 days after receiving the
29
application, request the applicant to provide that information.
30
(5) The ACMA must, as soon as practicable after:
31
(a) receiving the application; or
32
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44 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(b) if the ACMA has requested further information--receiving
1
that further information;
2
give the applicant, in writing, its opinion as to whether the
3
applicant is, or would be, in a position to exercise control of the
4
relevant print publication, online service, subscription television
5
service or subscription television platform, as the case may be.
6
(6) If the ACMA has given an opinion under this section to a person
7
that the person is not in a position to exercise control of:
8
(a) a print publication; or
9
(b) an online service; or
10
(c) a subscription television service; or
11
(d) a subscription television platform;
12
neither the ACMA nor any other Government agency may, while
13
the circumstances relating to:
14
(e) the applicant; and
15
(f) the print publication, online service, subscription television
16
service or subscription television platform, as the case may
17
be;
18
remain substantially the same as those advised to the ACMA in
19
relation to the application for the opinion, take any action against
20
the person under this Act on the basis that the person is in a
21
position to exercise control of the print publication, online service,
22
subscription television service or subscription television platform,
23
as the case may be.
24
(7) If the ACMA does not, within 45 days after:
25
(a) receiving the application; or
26
(b) if the ACMA has requested further information--receiving
27
that further information;
28
give the applicant, in writing, its opinion as to whether the
29
applicant is, or would be, in a position to exercise control of the
30
relevant print publication, online service, subscription television
31
service or subscription television platform, the ACMA is to be
32
taken to have given an opinion at the end of that period that
33
accords with the applicant's opinion.
34
(8) The ACMA may charge a fee for providing an opinion under this
35
section.
36
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45
(9) For the purposes of this section, the PIMA is taken to be a
1
Government agency.
2
78LB Requests to the ACMA to give an opinion on whether an
3
online service is associated with a non-online service or a
4
print publication etc.
5
(1) A person may apply to the ACMA for an opinion as to whether an
6
online service is associated with:
7
(a) a non-online service; or
8
(b) a branded group of subscription television services; or
9
(c) a print publication.
10
(2) An application must be in accordance with the form approved, in
11
writing, by the ACMA.
12
(3) An application must set out the applicant's opinion as to whether
13
the online service is associated with the non-online service, the
14
branded group of subscription television services or the print
15
publication, as the case may be.
16
(4) If the ACMA considers that additional information is required
17
before an opinion can be given, the ACMA may, by written notice
18
given to the applicant within 30 days after receiving the
19
application, request the applicant to provide that information.
20
(5) The ACMA must, as soon as practicable after:
21
(a) receiving the application; or
22
(b) if the ACMA has requested further information--receiving
23
that further information;
24
give the applicant, in writing, its opinion as to whether the online
25
service is associated with the non-online service, the branded group
26
of subscription television services or the print publication, as the
27
case may be.
28
(6) If the ACMA has given an opinion under this section to a person
29
that an online service is not associated with:
30
(a) a non-online service; or
31
(b) a branded group of subscription television services; or
32
(c) a print publication;
33
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46 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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neither the ACMA nor any other Government agency may, while
1
the circumstances relating to:
2
(d) the applicant; and
3
(e) the non-online service, branded group or print publication, as
4
the case may be;
5
remain substantially the same as those advised to the ACMA in
6
relation to the application for the opinion, take any action against
7
the online service under this Act on the basis that the online service
8
is associated with the non-online service, the branded group or the
9
print publication, as the case may be.
10
(7) If the ACMA does not, within 45 days after:
11
(a) receiving the application; or
12
(b) if the ACMA has requested further information--receiving
13
that further information;
14
give the applicant, in writing, its opinion as to whether the
15
applicant is associated with the relevant non-online service,
16
branded group of subscription television services or print
17
publication, the ACMA is to be taken to have given an opinion at
18
the end of that period that accords with the applicant's opinion.
19
(8) The ACMA may charge a fee for providing an opinion under this
20
section.
21
(9) For the purposes of this section, the PIMA is taken to be a
22
Government agency.
23
(10) For the purposes of this section, each of the following is a
24
non-online service:
25
(a) a commercial television broadcasting service;
26
(b) a commercial radio broadcasting service;
27
(c) a subscription television service.
28
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47
Division 12--Notification provisions
1
Subdivision A--Control of registered news media voices
2
78MA Requirement to notify control and directorships
3
Notification by subscription television platform
4
(1) If a subscription television platform becomes a registered news
5
media voice, the platform must:
6
(a) give to the ACMA in writing:
7
(i) details of the persons who, to the knowledge of the
8
platform, were in a position to exercise control of the
9
platform when the platform became a registered news
10
media voice; and
11
(ii) the name of each person who was a director of the
12
platform when the platform became a registered news
13
media voice; and
14
(b) do so within 28 days after the platform became a registered
15
news media voice.
16
(2) The details are to be provided in a form approved, in writing, by
17
the ACMA.
18
(3) If a subscription television platform is a registered news media
19
voice at the end of a financial year, the platform must:
20
(a) give to the ACMA in writing:
21
(i) details of the persons who, to the knowledge of the
22
platform, were in a position to exercise control of the
23
platform at the end of the financial year; and
24
(ii) the name of each person who was a director of the
25
platform at the end of the financial year; and
26
(b) do so within 3 months after the end of the financial year.
27
(4) The details are to be provided in a form approved, in writing, by
28
the ACMA.
29
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48 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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Notification by subscription television licensee
1
(5) If a subscription television service becomes a registered news
2
media voice, the subscription television licensee who provides the
3
service must:
4
(a) give to the ACMA in writing:
5
(i) details of the persons who, to the knowledge of the
6
licensee, were in a position to exercise control of the
7
service when the service became a registered news
8
media voice; and
9
(ii) the name of each person who was a director of the
10
licensee when the service became a registered news
11
media voice; and
12
(b) do so within 28 days after the service became a registered
13
news media voice.
14
(6) The details are to be provided in a form approved, in writing, by
15
the ACMA.
16
(7) If a subscription television service is a registered news media voice
17
at the end of a financial year, the subscription television licensee
18
who provides the service must:
19
(a) give to the ACMA in writing:
20
(i) details of the persons who, to the knowledge of the
21
licensee, were in a position to exercise control of the
22
service at the end of the financial year; and
23
(ii) the name of each person who was a director of the
24
licensee at the end of the financial year; and
25
(b) do so within 3 months after the end of the financial year.
26
(8) The details are to be provided in a form approved, in writing, by
27
the ACMA.
28
Notification by publisher of a print publication
29
(9) If a print publication becomes a registered news media voice, the
30
publisher of the print publication must:
31
(a) give to the ACMA in writing:
32
(i) details of the persons who, to the knowledge of the
33
publisher, were in a position to exercise control of the
34
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49
print publication when the print publication became a
1
registered news media voice; and
2
(ii) if the publisher is a company--the name of each person
3
who was a director of the publisher when the print
4
publication became a registered news media voice; and
5
(b) do so within 28 days after the print publication became a
6
registered news media voice.
7
(10) The details are to be provided in a form approved, in writing, by
8
the ACMA.
9
(11) If a print publication is a registered news media voice at the end of
10
a financial year, the publisher of the print publication must:
11
(a) give to the ACMA in writing:
12
(i) details of the persons who, to the knowledge of the
13
publisher, were in a position to exercise control of the
14
print publication at the end of the financial year; and
15
(ii) if the publisher is a company--the name of each person
16
who was a director of the publisher at the end of the
17
financial year; and
18
(b) do so within 3 months after the end of the financial year.
19
(12) The details are to be provided in a form approved, in writing, by
20
the ACMA.
21
Notification by provider of an online service
22
(13) If an online service becomes a registered news media voice, the
23
provider of the online service must:
24
(a) give to the ACMA in writing:
25
(i) details of the persons who, to the knowledge of the
26
provider, were in a position to exercise control of the
27
online service when the online service became a
28
registered news media voice; and
29
(ii) if the provider is a company--the name of each person
30
who was a director of the provider when the online
31
service became a registered news media voice; and
32
(b) do so within 28 days after the online service became a
33
registered news media voice.
34
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50 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(14) The details are to be provided in a form approved, in writing, by
1
the ACMA.
2
(15) If an online service is a registered news media voice at the end of a
3
financial year, the provider of the online service must:
4
(a) give to the ACMA in writing:
5
(i) details of the persons who, to the knowledge of the
6
provider, were in a position to exercise control of the
7
online service at the end of the financial year; and
8
(ii) if the provider is a company--the name of each person
9
who was a director of the provider at the end of the
10
financial year; and
11
(b) do so within 3 months after the end of the financial year.
12
(16) The details are to be provided in a form approved, in writing, by
13
the ACMA.
14
Offence
15
(17) A person commits an offence if:
16
(a) the person is subject to a requirement under subsection (1),
17
(3), (5), (7), (9), (11), (13) or (15); and
18
(b) the person omits to do an act; and
19
(c) the omission breaches the requirement.
20
Penalty for contravention of this subsection: 500 penalty units.
21
78MB Requirement to notify changes in control
22
Notification by subscription television platform
23
(1) If:
24
(a) a subscription television platform is a registered news media
25
voice; and
26
(b) the platform becomes aware that:
27
(i) a person who was not in a position to exercise control of
28
the platform has become in a position to exercise
29
control of the platform; or
30
(ii) a person who was in a position to exercise control of the
31
platform has ceased to be in that position;
32
the platform must:
33
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(c) notify the ACMA, in writing, of that event; and
1
(d) do so within 5 days after becoming so aware.
2
(2) The details are to be provided in a form approved, in writing, by
3
the ACMA.
4
Notification by subscription television licensee
5
(3) If:
6
(a) a subscription television service is a registered news media
7
voice; and
8
(b) the subscription television licensee who provides the service
9
becomes aware that:
10
(i) a person who was not in a position to exercise control of
11
the service has become in a position to exercise control
12
of the service; or
13
(ii) a person who was in a position to exercise control of the
14
service has ceased to be in that position;
15
the licensee must:
16
(c) notify the ACMA, in writing, of that event; and
17
(d) do so within 5 days after becoming so aware.
18
(4) The details are to be provided in a form approved, in writing, by
19
the ACMA.
20
Notification by publisher of print publication
21
(5) If:
22
(a) a print publication is a registered news media voice; and
23
(b) the publisher of the print publication becomes aware that:
24
(i) a person who was not in a position to exercise control of
25
the print publication has become in a position to
26
exercise control of the print publication; or
27
(ii) a person who was in a position to exercise control of the
28
print publication has ceased to be in that position;
29
the publisher must:
30
(c) notify the ACMA, in writing, of that event; and
31
(d) do so within 5 days after becoming so aware.
32
(6) The details are to be provided in a form approved, in writing, by
33
the ACMA.
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Notification by provider of online service
1
(7) If:
2
(a) an online service is a registered news media voice; and
3
(b) the provider of the online service becomes aware that:
4
(i) a person who was not in a position to exercise control of
5
the online service has become in a position to exercise
6
control of the online service; or
7
(ii) a person who was in a position to exercise control of the
8
online service has ceased to be in that position;
9
the provider must:
10
(c) notify the ACMA, in writing, of that event; and
11
(d) do so within 5 days after becoming so aware.
12
(8) The details are to be provided in a form approved, in writing, by
13
the ACMA.
14
Offence
15
(9) A person commits an offence if:
16
(a) the person is subject to a requirement under subsection (1),
17
(3), (5) or (7); and
18
(b) the person omits to do an act; and
19
(c) the omission breaches the requirement.
20
Penalty for contravention of this subsection: 500 penalty units.
21
78MC Person who obtains control must notify the ACMA
22
Notification by controller of subscription television platform
23
(1) If:
24
(a) a subscription television platform is a registered news media
25
voice; and
26
(b) a person who was not in a position to exercise control of the
27
platform becomes aware that the person is in a position to
28
exercise control of the platform;
29
the person must:
30
(c) notify the ACMA, in writing, of that position; and
31
(d) do so within 5 days after becoming so aware.
32
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(2) The details are to be provided in a form approved, in writing, by
1
the ACMA.
2
Notification by controller of subscription television service
3
(3) If:
4
(a) a subscription television service is a registered news media
5
voice; and
6
(b) a person who was not in a position to exercise control of the
7
service becomes aware that the person is in a position to
8
exercise control of the service;
9
the person must:
10
(c) notify the ACMA, in writing, of that position; and
11
(d) do so within 5 days after becoming so aware.
12
(4) The details are to be provided in a form approved, in writing, by
13
the ACMA.
14
Notification by controller of print publication
15
(5) If:
16
(a) a print publication is a registered news media voice; and
17
(b) a person who was not in a position to exercise control of the
18
print publication becomes aware that the person is in a
19
position to exercise control of the print publication;
20
the person must:
21
(c) notify the ACMA, in writing, of that position; and
22
(d) do so within 5 days after becoming so aware.
23
(6) The details are to be provided in a form approved, in writing, by
24
the ACMA.
25
Notification by controller of online service
26
(7) If:
27
(a) an online service is a registered news media voice; and
28
(b) a person who was not in a position to exercise control of the
29
online service becomes aware that the person is in a position
30
to exercise control of the online service;
31
the person must:
32
(c) notify the ACMA, in writing, of that position; and
33
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54 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(d) do so within 5 days after becoming so aware.
1
(8) The details are to be provided in a form approved, in writing, by
2
the ACMA.
3
Offence
4
(9) A person commits an offence if:
5
(a) the person is subject to a requirement under subsection (1),
6
(3), (5) or (7); and
7
(b) the person omits to do an act; and
8
(c) the omission breaches the requirement.
9
Penalty for contravention of this subsection: 500 penalty units.
10
Subdivision B--Control of listed news media voices
11
78MD Notification of control events that occurred during the
12
pre-commencement period
13
Scope
14
(1) This section applies if:
15
(a) one or more transactions took place during the
16
pre-commencement period; and
17
(b) the transactions had the result that a control event occurred in
18
relation to one or more listed news media voices; and
19
(c) a person was:
20
(i) a party to the transactions; or
21
(ii) in a position to prevent the transactions taking place.
22
Notification
23
(2) The person must:
24
(a) notify the PIMA, in writing, of:
25
(i) the transactions; and
26
(ii) the occurrence of the control event; and
27
(b) do so within 28 days after the commencement of this section.
28
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Offence
1
(3) A person commits an offence if:
2
(a) the person is subject to a requirement under subsection (2);
3
and
4
(b) the person omits to do an act; and
5
(c) the omission breaches the requirement.
6
Penalty for contravention of this subsection: 500 penalty units.
7
78ME Notification of controllers of listed news media voices etc.
8
Notification by subscription television platform
9
(1) If a subscription television platform is a listed news media voice
10
immediately after the commencement of this section, the platform
11
must:
12
(a) give to the ACMA in writing:
13
(i) details of the persons who, to the knowledge of the
14
platform, were in a position to exercise control of the
15
platform immediately after the commencement of this
16
section; and
17
(ii) the name of each person who was a director of the
18
platform immediately after the commencement of this
19
section; and
20
(b) do so within 28 days after the commencement of this section.
21
(2) The details are to be provided in a form approved, in writing, by
22
the ACMA.
23
Notification by subscription television licensee
24
(3) If a subscription television service is a listed news media voice
25
immediately after the commencement of this section, the
26
subscription television licensee who provides the service must:
27
(a) give to the ACMA in writing:
28
(i) details of the persons who, to the knowledge of the
29
licensee, were in a position to exercise control of the
30
service immediately after the commencement of this
31
section; and
32
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56 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(ii) the name of each person who was a director of the
1
licensee immediately after the commencement of this
2
section; and
3
(b) do so within 28 days after the commencement of this section.
4
(4) The details are to be provided in a form approved, in writing, by
5
the ACMA.
6
Notification by publisher of a print publication
7
(5) If a print publication is a listed news media voice immediately after
8
the commencement of this section, the publisher of the print
9
publication must:
10
(a) give to the ACMA in writing:
11
(i) details of the persons who, to the knowledge of the
12
publisher, were in a position to exercise control of the
13
print publication immediately after the commencement
14
of this section; and
15
(ii) if the publisher is a company--the name of each person
16
who was a director of the publisher immediately after
17
the commencement of this section; and
18
(b) do so within 28 days after the commencement of this section.
19
(6) The details are to be provided in a form approved, in writing, by
20
the ACMA.
21
Notification by provider of an online service
22
(7) If an online service is a listed news media voice immediately after
23
the commencement of this section, the provider of the online
24
service must:
25
(a) give to the ACMA in writing:
26
(i) details of the persons who, to the knowledge of the
27
provider, were in a position to exercise control of the
28
online service immediately after the commencement of
29
this section; and
30
(ii) if the provider is a company--the name of each person
31
who was a director of the provider immediately after the
32
commencement of this section; and
33
(b) do so within 28 days after the commencement of this section.
34
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(8) The details are to be provided in a form approved, in writing, by
1
the ACMA.
2
Offence
3
(9) A person commits an offence if:
4
(a) the person is subject to a requirement under subsection (1),
5
(3), (5) or (7); and
6
(b) the person omits to do an act; and
7
(c) the omission breaches the requirement.
8
Penalty for contravention of this subsection: 500 penalty units.
9
78MF Requirement to notify changes in control
10
Notification by subscription television platform
11
(1) If:
12
(a) a subscription television platform is a listed news media
13
voice; and
14
(b) during the interim period, the platform becomes aware that:
15
(i) a person who was not in a position to exercise control of
16
the platform has become in a position to exercise
17
control of the platform; or
18
(ii) a person who was in a position to exercise control of the
19
platform has ceased to be in that position;
20
the platform must:
21
(c) notify the ACMA, in writing, of that event; and
22
(d) do so within 5 days after becoming so aware.
23
(2) The details are to be provided in a form approved, in writing, by
24
the ACMA.
25
Notification by subscription television licensee
26
(3) If:
27
(a) a subscription television service is a listed news media voice;
28
and
29
(b) during the interim period, the subscription television licensee
30
who provides the service becomes aware that:
31
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58 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
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(i) a person who was not in a position to exercise control of
1
the service has become in a position to exercise control
2
of the service; or
3
(ii) a person who was in a position to exercise control of the
4
service has ceased to be in that position;
5
the licensee must:
6
(c) notify the ACMA, in writing, of that event; and
7
(d) do so within 5 days after becoming so aware.
8
(4) The details are to be provided in a form approved, in writing, by
9
the ACMA.
10
Notification by publisher of print publication
11
(5) If:
12
(a) a print publication is a listed news media voice; and
13
(b) during the interim period, the publisher of the print
14
publication becomes aware that:
15
(i) a person who was not in a position to exercise control of
16
the print publication has become in a position to
17
exercise control of the print publication; or
18
(ii) a person who was in a position to exercise control of the
19
print publication has ceased to be in that position;
20
the publisher must:
21
(c) notify the ACMA, in writing, of that event; and
22
(d) do so within 5 days after becoming so aware.
23
(6) The details are to be provided in a form approved, in writing, by
24
the ACMA.
25
Notification by provider of online service
26
(7) If:
27
(a) an online service is a listed news media voice; and
28
(b) during the interim period, the provider of the online service
29
becomes aware that:
30
(i) a person who was not in a position to exercise control of
31
the online service has become in a position to exercise
32
control of the online service; or
33
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(ii) a person who was in a position to exercise control of the
1
online service has ceased to be in that position;
2
the provider must:
3
(c) notify the ACMA, in writing, of that event; and
4
(d) do so within 5 days after becoming so aware.
5
(8) The details are to be provided in a form approved, in writing, by
6
the ACMA.
7
Offence
8
(9) A person commits an offence if:
9
(a) the person is subject to a requirement under subsection (1),
10
(3), (5) or (7); and
11
(b) the person omits to do an act; and
12
(c) the omission breaches the requirement.
13
Penalty for contravention of this subsection: 500 penalty units.
14
78MG Person who obtains control must notify the ACMA
15
Notification by controller of subscription television platform
16
(1) If:
17
(a) a subscription television platform is a listed news media
18
voice; and
19
(b) during the interim period, a person who was not in a position
20
to exercise control of the platform becomes aware that the
21
person is in a position to exercise control of the platform;
22
the person must:
23
(c) notify the ACMA, in writing, of that position; and
24
(d) do so within 5 days after becoming so aware.
25
(2) The details are to be provided in a form approved, in writing, by
26
the ACMA.
27
Notification by controller of subscription television service
28
(3) If:
29
(a) a subscription television service is a listed news media voice;
30
and
31
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(b) during the interim period, a person who was not in a position
1
to exercise control of the service becomes aware that the
2
person is in a position to exercise control of the service;
3
the person must:
4
(c) notify the ACMA, in writing, of that position; and
5
(d) do so within 5 days after becoming so aware.
6
(4) The details are to be provided in a form approved, in writing, by
7
the ACMA.
8
Notification by controller of print publication
9
(5) If:
10
(a) a print publication is a listed news media voice; and
11
(b) during the interim period, a person who was not in a position
12
to exercise control of the print publication becomes aware
13
that the person is in a position to exercise control of the print
14
publication;
15
the person must:
16
(c) notify the ACMA, in writing, of that position; and
17
(d) do so within 5 days after becoming so aware.
18
(6) The details are to be provided in a form approved, in writing, by
19
the ACMA.
20
Notification by controller of online service
21
(7) If:
22
(a) an online service is a listed news media voice; and
23
(b) during the interim period, a person who was not in a position
24
to exercise control of the online service becomes aware that
25
the person is in a position to exercise control of the online
26
service;
27
the person must:
28
(c) notify the ACMA, in writing, of that position; and
29
(d) do so within 5 days after becoming so aware.
30
(8) The details are to be provided in a form approved, in writing, by
31
the ACMA.
32
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Offence
1
(9) A person commits an offence if:
2
(a) the person is subject to a requirement under subsection (1),
3
(3), (5) or (7); and
4
(b) the person omits to do an act; and
5
(c) the omission breaches the requirement.
6
Penalty for contravention of this subsection: 500 penalty units.
7
Subdivision C--Notification of registrability
8
78MH Initial notification of registrability
9
(1) If, at the start of the initial Eligibility Rules completion day, a
10
commercial television broadcasting service is a registrable news
11
media voice, the commercial television broadcasting licensee who
12
provides the service must:
13
(a) notify the ACMA, in writing, that the service is a registrable
14
news media voice; and
15
(b) do so within 28 days after the initial Eligibility Rules
16
completion day.
17
(2) If, at the start of the initial Eligibility Rules completion day, a
18
commercial radio broadcasting service is a registrable news media
19
voice, the commercial radio broadcasting licensee who provides
20
the service must:
21
(a) notify the ACMA, in writing, that the service is a registrable
22
news media voice; and
23
(b) do so within 28 days after the initial Eligibility Rules
24
completion day.
25
(3) If, at the start of the initial Eligibility Rules completion day, a
26
subscription television service is a registrable news media voice,
27
the subscription television licensee who provides the service must:
28
(a) notify the ACMA, in writing, that the service is a registrable
29
news media voice; and
30
(b) do so within 28 days after the initial notification day.
31
(4) If, at the start of the initial Eligibility Rules completion day, a
32
subscription television platform is a registrable news media voice,
33
the platform must:
34
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62 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(a) notify the ACMA, in writing, that the platform is a
1
registrable news media voice; and
2
(b) do so within 28 days after the initial Eligibility Rules
3
completion day.
4
(5) If, at the start of the initial Eligibility Rules completion day, a print
5
publication is a registrable news media voice, the publisher of the
6
print publication must:
7
(a) notify the ACMA, in writing, that the print publication is a
8
registrable news media voice; and
9
(b) do so within 28 days after the initial Eligibility Rules
10
completion day.
11
(6) If, at the start of the initial Eligibility Rules completion day, an
12
online service is a registrable news media voice, the provider of the
13
service must:
14
(a) notify the ACMA, in writing, that the service is a registrable
15
news media voice; and
16
(b) do so within 28 days after the initial Eligibility Rules
17
completion day.
18
Offence
19
(7) A person commits an offence if:
20
(a) the person is subject to a requirement under subsection (1),
21
(2), (3), (4), (5) or (6); and
22
(b) the person omits to do an act; and
23
(c) the omission breaches the requirement.
24
Penalty for contravention of this subsection: 500 penalty units.
25
78MJ Subsequent notification of registrability
26
(1) If, after the start of the initial Eligibility Rules completion day, a
27
commercial television broadcasting service becomes a registrable
28
news media voice, the commercial television broadcasting licensee
29
who provides the service must:
30
(a) notify the ACMA, in writing, that the service has become a
31
registrable news media voice; and
32
(b) do so within 5 days after becoming so aware.
33
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(2) If, after the start of the initial Eligibility Rules completion day, a
1
commercial radio broadcasting service becomes a registrable news
2
media voice, the commercial radio broadcasting licensee who
3
provides the service must:
4
(a) notify the ACMA, in writing, that the service has become a
5
registrable news media voice; and
6
(b) do so within 5 days after becoming so aware.
7
(3) If, after the start of the initial Eligibility Rules completion day, a
8
subscription television service becomes a registrable news media
9
voice, the subscription television licensee who provides the service
10
must:
11
(a) notify the ACMA, in writing, that the service has become a
12
registrable news media voice; and
13
(b) do so within 5 days after becoming so aware.
14
(4) If, after the start of the initial Eligibility Rules completion day, a
15
subscription television platform becomes a registrable news media
16
voice, the platform must:
17
(a) notify the ACMA, in writing, that the platform has become a
18
registrable news media voice; and
19
(b) do so within 5 days after becoming so aware.
20
(5) If, after the start of the initial Eligibility Rules completion day, a
21
print publication becomes a registrable news media voice, the
22
publisher of the print publication must:
23
(a) notify the ACMA, in writing, that the print publication has
24
become a registrable news media voice; and
25
(b) do so within 5 days after becoming so aware.
26
(6) If, after the start of the initial Eligibility Rules completion day, an
27
online service becomes a registrable news media voice, the
28
provider of the service must:
29
(a) notify the ACMA, in writing, that the service has become a
30
registrable news media voice; and
31
(b) do so within 5 days after becoming so aware.
32
Offence
33
(7) A person commits an offence if:
34
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64 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(a) the person is subject to a requirement under subsection (1),
1
(2), (3), (4), (5) or (6); and
2
(b) the person omits to do an act; and
3
(c) the omission breaches the requirement.
4
Penalty for contravention of this subsection: 500 penalty units.
5
Subdivision D--Notification of certain subscription television
6
services
7
78MK Requirement to notify composition of branded group of
8
subscription television services
9
(1) If there is a branded group of subscription television services
10
immediately after the commencement of this section, a
11
subscription television platform for the group must:
12
(a) give to the ACMA, in writing, details of the subscription
13
television services included in the group immediately after
14
the commencement of this section; and
15
(b) do so within 28 days after the commencement of this section.
16
(2) The details are to be provided in a form approved, in writing, by
17
the ACMA.
18
(3) If a subscription television platform for a branded group of
19
subscription television services becomes aware of a change in the
20
composition of the subscription television services included in the
21
group, the platform must:
22
(a) give to the ACMA, in writing, details of the change; and
23
(b) do so within 5 days after becoming so aware.
24
(4) The details are to be provided in a form approved, in writing, by
25
the ACMA.
26
Offence
27
(5) A person commits an offence if:
28
(a) the person is subject to a requirement under subsection (1) or
29
(3); and
30
(b) the person omits to do an act; and
31
(c) the omission breaches the requirement.
32
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65
Penalty: 500 penalty units.
1
Multiple subscription television platforms
2
(6) If:
3
(a) this section imposes a notification obligation on a
4
subscription television platform for a branded group of
5
subscription television services; and
6
(b) there are 2 or more subscription television platforms for the
7
branded group; and
8
(c) the obligation is discharged by one of those platforms;
9
the obligation is taken to have been discharged by each of those
10
platforms.
11
Subdivision E--Miscellaneous
12
78ML Strict liability offences
13
An offence against this Division is an offence of strict liability.
14
Note:
For strict liability, see section 6.1 of the Criminal Code.
15
78MM Designated infringement notice provisions
16
Sections 78MA, 78MB, 78MC, 78MD, 78ME, 78MF, 78MG,
17
78MH, 78MJ and 78MK are designated infringement notice
18
provisions.
19
Division 13--Miscellaneous
20
78NA Online service provider
21
(1) For the purposes of this Part, a person does not provide an online
22
service merely because the person supplies a carriage service that
23
enables content to be delivered or accessed.
24
(2) For the purposes of this Part, a person does not provide an online
25
service merely because the person provides a billing service, or a
26
fee collection service, in relation to an online service.
27
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66 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
78NB When an online service is associated with a non-online service
1
or a print publication etc.
2
Non-online service
3
(1) For the purposes of this section, each of the following is a
4
non-online service:
5
(a) a commercial television broadcasting service;
6
(b) a commercial radio broadcasting service;
7
(c) a subscription television service.
8
(2) For the purposes of this Part, an online service is associated with a
9
non-online service if, and only if, the public would reasonably
10
believe that the online service and the non-online service are
11
associated with each other, having regard to:
12
(a) the extent of the sameness or similarity of the brands under
13
which the online service and the non-online service are
14
marketed to the public; and
15
(b) the extent to which the online service and the non-online
16
service share the same or similar news or current affairs
17
content; and
18
(c) the extent to which the same person is, or the same persons
19
are, in a position to exercise control of the online service and
20
the non-online service.
21
Branded group of subscription television services
22
(3) For the purposes of this Part, an online service is associated with a
23
branded group of subscription television services if, and only if, the
24
public would reasonably believe that the online service and the
25
branded group are associated with each other, having regard to:
26
(a) the extent of the sameness or similarity of the brands under
27
which the online service and the branded group are marketed
28
to the public; and
29
(b) the extent to which the online service and any of the
30
subscription television services included in the branded group
31
share the same or similar news or current affairs content; and
32
(c) the extent to which the same person is, or the same persons
33
are, in a position to exercise of the online service and any of
34
the subscription television services included in the branded
35
group.
36
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
67
Print publication
1
(4) For the purposes of this Part, an online service is associated with a
2
print publication if, and only if, the public would reasonably
3
believe that the online service and the print publication are
4
associated with each other, having regard to:
5
(a) the extent of the sameness or similarity of the brands under
6
which the online service and the print publication are
7
marketed to the public; and
8
(b) the extent to which the online service and the print
9
publication share the same or similar news or current affairs
10
content; and
11
(c) the extent to which the same person is, or the same persons
12
are, in a position to exercise control of the online service and
13
the print publication.
14
78NC Initial Register completion day
15
(1) If a particular day is the first day after the commencement of this
16
section on which the ACMA is satisfied that all registrable news
17
media voices have been entered in the Register, the ACMA must,
18
by writing, declare that the next following day is the initial
19
Register completion day for the purposes of this Part.
20
(2) An instrument under subsection (1) is not a legislative instrument.
21
(3) The ACMA must publish a copy of an instrument under
22
subsection (1) on the ACMA's website.
23
78ND Initial Eligibility Rules completion day
24
(1) If a particular day is the first day after the commencement of this
25
section on which Eligibility Rules are in force for the purposes of
26
each of the following provisions:
27
(a) paragraph 78HA(1)(a);
28
(b) paragraph 78HA(1)(b);
29
(c) paragraph 78HB(1)(a);
30
(d) paragraph 78HB(1)(b);
31
(e) paragraph 78HC(1)(a);
32
(f) paragraph 78HC(1)(b);
33
(g) paragraph 78HD(1)(a);
34
Schedule 1 Amendments
68 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(h) paragraph 78HD(1)(b);
1
(i) paragraph 78HE(1)(a);
2
(j) paragraph 78HE(1)(b);
3
(k) paragraph 78HF(1)(b);
4
(l) subsection 78HG(1);
5
the ACMA must, by writing, declare that the next following day is
6
the initial Eligibility Rules completion day for the purposes of this
7
Part.
8
(2) An instrument under subsection (1) is not a legislative instrument.
9
(3) The ACMA must publish a copy of an instrument under
10
subsection (1) on the ACMA's website.
11
78NE Part has effect notwithstanding Competition and Consumer
12
Act
13
The provisions of this Part have effect notwithstanding the
14
Competition and Consumer Act 2010.
15
21 Section 205PA
16
After:
17
•
The Federal Court may also grant injunctions in relation to
18
transactions that are prohibited under Division 5A of Part 5
19
(which deals with media diversity).
20
insert:
21
•
The Federal Court may also grant injunctions in relation to
22
transactions that are prohibited under Part 5A (which deals
23
with news media diversity).
24
22 Section 205Q
25
Omit "or 61AMB", substitute ", 61AMB, 78BE or 78BF".
26
23 Section 205ZA
27
Before "The penalty", insert "(1)".
28
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
69
24 Paragraph 205ZA(a)
1
Omit "or a subscription television broadcasting licensee", substitute ", a
2
subscription television broadcasting licensee, a subscription television
3
broadcasting platform, the publisher of a print publication or the
4
provider of an online service".
5
25 At the end of section 205ZA
6
Add:
7
(2) For the purposes of subsection (1), print publication and online
8
service have the same respective meanings as in Part 5A.
9
26 Subsection 214(1)
10
After "66(2),", insert "78ED(2),".
11
27 Subclause 1(1) of Schedule 1
12
Omit "subscription television broadcasting licences", substitute
13
"subscription television licences".
14
28 Subclause 1(1) of Schedule 1
15
Omit "newspapers and companies", substitute "newspapers, print
16
publications, online services and companies".
17
29 Subclause 1(1) of Schedule 1
18
Omit "licence, a newspaper", substitute "licence, a newspaper, a print
19
publication, an online service".
20
30 Subclause 1(1) of Schedule 1
21
Omit "and 3", substitute ", 3, 3A and 3B".
22
31 Subclause 1(1) of Schedule 1
23
Omit "or a newspaper", substitute ", a newspaper, a print publication or
24
an online service".
25
32 Subclause 1(1) of Schedule 1
26
Omit "or the newspaper", substitute ", the newspaper, the print
27
publication or the online service".
28
Schedule 1 Amendments
70 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
33 Subclause 1(2) of Schedule 1
1
After "74", insert "or 78LA".
2
34 After clause 1 of Schedule 1
3
Insert:
4
1A Definitions
5
In this Schedule:
6
online service has the same meaning as in Part 5A.
7
print publication has the same meaning as in Part 5A.
8
35 After paragraph 2(1)(c) of Schedule 1
9
Insert:
10
(ca) in the case of a company that is a subscription television
11
platform for a branded group of subscription television
12
services--the person is in a position, either alone or together
13
with an associate of the person and whether directly or
14
indirectly, to exercise control of the selection of the
15
subscription television services included in the branded
16
group; or
17
36 At the end of clause 3 of Schedule 1
18
Add:
19
(4) More than one person may be in a position to exercise control of a
20
newspaper.
21
37 After clause 3 of Schedule 1
22
Insert:
23
3A When a person is in a position to exercise control of a print
24
publication (other than a newspaper)
25
(1) For the purposes of this Schedule, a person is in a position to
26
exercise control of a print publication (other than a newspaper) if:
27
(a) the person is the publisher of the print publication; or
28
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
71
(b) the person is in a position, either alone or together with an
1
associate of the person and whether directly or indirectly:
2
(i) to exercise control of a significant proportion of the
3
operations of the publisher in publishing the print
4
publication; or
5
(ii) to exercise control of the selection or provision of a
6
significant proportion of the material to be published in
7
the print publication; or
8
(c) if the print publication is published by a company:
9
(i) the person is in a position, either alone or together with
10
an associate of the person, to exercise control of the
11
company; or
12
(ii) the person, either alone or together with an associate of
13
the person, is in a position to veto any action taken by
14
the board of directors of the company; or
15
(iii) the person, either alone or together with an associate of
16
the person, is in a position to appoint or secure the
17
appointment of, or veto the appointment of, at least half
18
of the board of directors of the company; or
19
(iv) the person, either alone or together with an associate of
20
the person, is in a position to exercise, in any other
21
manner, whether directly or indirectly, direction or
22
restraint over any substantial issue affecting the
23
management or affairs of the company; or
24
(v) the company or more than 50% of its directors:
25
(A) act, or are accustomed to act; or
26
(B) under a contract or an arrangement or
27
understanding (whether formal or informal) are
28
intended or expected to act;
29
in accordance with the directions, instructions or wishes
30
of, or in concert with, the person or of the person and an
31
associate of the person acting together or, if the person
32
is a company, of the directors of the person.
33
(2) Subparagraph (1)(b)(ii) does not apply to the provision of material
34
by a person to a print publication (other than a newspaper) under
35
an agreement for the supply of material of that kind if the
36
conditions of the agreement relate only to the material so supplied.
37
Schedule 1 Amendments
72 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(3) An employee of the publisher of a print publication (other than a
1
newspaper) is not, except through an association with another
2
person, to be regarded as being in a position to control the print
3
publication under subclause (1) purely because of being an
4
employee.
5
(4) More than one person may be in a position to exercise control of a
6
print publication (other than a newspaper).
7
3B When a person is in a position to exercise control of an online
8
service
9
(1) For the purposes of this Schedule, a person is in a position to
10
exercise control of an online service if:
11
(a) the person is the provider of the online service; or
12
(b) the person is in a position, either alone or together with an
13
associate of the person and whether directly or indirectly:
14
(i) to exercise control of a significant proportion of the
15
operations of the provider in providing the online
16
service; or
17
(ii) to exercise control of the selection or provision of a
18
significant proportion of the content to be provided by
19
the online service; or
20
(c) if the online service is provided by a company:
21
(i) the person is in a position, either alone or together with
22
an associate of the person, to exercise control of the
23
company; or
24
(ii) the person, either alone or together with an associate of
25
the person, is in a position to veto any action taken by
26
the board of directors of the company; or
27
(iii) the person, either alone or together with an associate of
28
the person, is in a position to appoint or secure the
29
appointment of, or veto the appointment of, at least half
30
of the board of directors of the company; or
31
(iv) the person, either alone or together with an associate of
32
the person, is in a position to exercise, in any other
33
manner, whether directly or indirectly, direction or
34
restraint over any substantial issue affecting the
35
management or affairs of the company; or
36
Amendments Schedule 1
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. , 2013
73
(v) the company or more than 50% of its directors:
1
(A) act, or are accustomed to act; or
2
(B) under a contract or an arrangement or
3
understanding (whether formal or informal) are
4
intended or expected to act;
5
in accordance with the directions, instructions or wishes
6
of, or in concert with, the person or of the person and an
7
associate of the person acting together or, if the person
8
is a company, of the directors of the person.
9
(2) Subparagraph (1)(b)(ii) does not apply to the provision of content
10
by a person to the provider of an online service under an agreement
11
for the supply of content of that kind if the conditions of the
12
agreement relate only to the content so supplied.
13
(3) An employee of the provider of an online service is not, except
14
through an association with another person, to be regarded as being
15
in a position to control the online service under subclause (1)
16
purely because of being an employee.
17
(4) More than one person may be in a position to exercise control of an
18
online service.
19
38 Subclause 4(1) of Schedule 1
20
Omit "licence or newspaper", substitute "licence, newspaper, print
21
publication or online service".
22
39 After subclause 4(3) of Schedule 1
23
Insert:
24
(3A) Subclause (1) does not apply in relation to being in a position to
25
exercise control of a print publication (other than a newspaper) if
26
the lender or a controller of the lender:
27
(a) controls the selection or provision of any of the material to be
28
published in the print publication; or
29
(b) appoints or secures the appointment of at least half of the
30
board of directors of the media company that publishes the
31
print publication; or
32
(c) vetoes the appointment of at least half of the board of
33
directors of the media company that publishes the print
34
publication otherwise than:
35
Schedule 1 Amendments
74 Broadcasting Legislation Amendment (News Media Diversity) Bill 2013 No. ,
2013
(i) under a loan agreement or an agreement or transaction
1
referred to in paragraph (1)(b); and
2
(ii) in the ordinary course of carrying on a business of
3
providing financial accommodation.
4
(3B) Subclause (1) does not apply in relation to being in a position to
5
exercise control of an online service if the lender or a controller of
6
the lender:
7
(a) controls the selection or provision of any of the content to be
8
provided by the online service; or
9
(b) appoints or secures the appointment of at least half of the
10
board of directors of the media company that provides the
11
online service; or
12
(c) vetoes the appointment of at least half of the board of
13
directors of the media company that provides the online
14
service otherwise than:
15
(i) under a loan agreement or an agreement or transaction
16
referred to in paragraph (1)(b); and
17
(ii) in the ordinary course of carrying on a business of
18
providing financial accommodation.
19
40 Subclause 4(4) of Schedule 1 (after paragraph (c) of the
20
definition of media company)
21
Insert:
22
(ca) a company that publishes a print publication; or
23
(cb) a company that provides an online service; or
24
(cc) a company that is a subscription television platform for a
25
branded group of subscription television services; or
26
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