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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Broadcasting Legislation Amendment
(Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to amend the Broadcasting
Services Act 1992, and for other purposes
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Foreign media ownership
3
Australian Communications and Media Authority Act 2005
3
Broadcasting Services Act 1992
3
Schedule 2--Community radio
17
Broadcasting Services Act 1992
17
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
1
A Bill for an Act to amend the Broadcasting
1
Services Act 1992, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Broadcasting Legislation Amendment (Foreign
5
Media Ownership and Community Radio) Act 2017.
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 (Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
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 Schedules
7
Legislation 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repealed as set out in the applicable items in the Schedule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
Foreign media ownership Schedule 1
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
3
Schedule 1--Foreign media ownership
1
2
Australian Communications and Media Authority Act 2005
3
1 Paragraph 53(2)(k)
4
After "other than", insert "a notice under Division 10A of Part 5 of that
5
Act or".
6
Broadcasting Services Act 1992
7
2 Subsection 52A(1)
8
After "this Act", insert "(other than Division 10A)".
9
3 Subsection 52A(2)
10
After "This Act", insert "(other than Division 10A)".
11
4 Subsection 52A(2)
12
After "this Part", insert "(other than Division 10A)".
13
5 After Division 10 of Part 5
14
Insert:
15
Division 10A--Register of Foreign Owners of Media Assets
16
Subdivision A--Introduction
17
74A Simplified outline of this Division
18
•
The ACMA must maintain a Register of Foreign Owners of
19
Media Assets.
20
•
The Register of Foreign Owners of Media Assets must set out,
21
for each Australian media company, information about each
22
foreign stakeholder in the company.
23
Schedule 1 Foreign media ownership
4
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
•
Foreign stakeholders must notify the ACMA of their company
1
interests in Australian media companies.
2
Note:
For company interests, see section 6.
3
74B Definitions
4
In this Division:
5
ACMA official has the same meaning as in the Australian
6
Communications and Media Authority Act 2005.
7
Australia, when used in a geographical sense, includes all the
8
external Territories.
9
Australian media company means:
10
(a) a company that holds a commercial television broadcasting
11
licence; or
12
(b) a company that holds a commercial radio broadcasting
13
licence; or
14
(c) a company that is:
15
(i) the publisher of a newspaper that is associated with the
16
licence area of a commercial television broadcasting
17
licence or a commercial radio broadcasting licence; and
18
(ii) a constitutional corporation.
19
designated information, in relation to a person, means:
20
(a) if the person is an individual:
21
(i) the person's date of birth; and
22
(ii) the country in which the person is ordinarily resident;
23
and
24
(b) if the person is a corporation--the country in which the
25
corporation was formed; and
26
(c) if the person is a trustee of a trust:
27
(i) the name of the trust; and
28
(ii) the country in which the trust was established; and
29
(d) if the person is a foreign government investor as the result of
30
the application of paragraph 17(a) of the Foreign
31
Acquisitions and Takeovers Regulation 2015 to a separate
32
Foreign media ownership Schedule 1
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
5
government entity of a foreign country or a part of a foreign
1
country--the foreign country or the part of the foreign
2
country, as the case may be; and
3
(e) if the person is a foreign government investor wholly or
4
partly as the result of the application of paragraph 17(b), (c),
5
(d) or (e) of the Foreign Acquisitions and Takeovers
6
Regulation 2015 to a foreign government--the foreign
7
government; and
8
(f) if the person is a foreign government investor wholly or
9
partly as the result of the application of paragraph 17(b), (c),
10
(d) or (e) of the Foreign Acquisitions and Takeovers
11
Regulation 2015 to a separate government entity of a foreign
12
country or a part of a foreign country--the foreign country or
13
the part of the foreign country, as the case may be; and
14
(g) the following contact details:
15
(i) the person's address;
16
(ii) the person's email address (if any);
17
(iii) the person's telephone number (if any).
18
foreign government has the same meaning as in the Foreign
19
Acquisitions and Takeovers Act 1975.
20
foreign government investor has the same meaning as in the
21
Foreign Acquisitions and Takeovers Act 1975.
22
foreign person has the same meaning as in the Foreign
23
Acquisitions and Takeovers Act 1975.
24
foreign stakeholder, in relation to an Australian media company,
25
has the meaning given by section 74C.
26
initial disclosure period means the period of 6 months beginning at
27
the commencement of this Division.
28
person includes a foreign person.
29
separate government entity has the same meaning as in the
30
Foreign Acquisitions and Takeovers Act 1975.
31
Schedule 1 Foreign media ownership
6
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
74C Foreign stakeholder
1
For the purposes of this Division, if a foreign person has company
2
interests in an Australian media company of 2.5% or more, that
3
person is a foreign stakeholder in that company.
4
Subdivision B--Register of Foreign Owners of Media Assets
5
74D Register of Foreign Owners of Media Assets
6
(1) After the end of the initial disclosure period, the ACMA is to
7
maintain a register, to be known as the Register of Foreign Owners
8
of Media Assets.
9
(2) The Register of Foreign Owners of Media Assets is to be
10
maintained by electronic means.
11
(3) The Register of Foreign Owners of Media Assets is to be made
12
available for inspection on the internet.
13
(4) The Register of Foreign Owners of Media Assets is not a
14
legislative instrument.
15
74E Information to be set out in the Register of Foreign Owners of
16
Media Assets
17
(1) The Register of Foreign Owners of Media Assets must set out, for
18
each Australian media company, the following information about
19
each foreign stakeholder in the company:
20
(a) the name of the foreign stakeholder;
21
(b) the foreign stakeholder's company interests in the company;
22
(c) the method used to determine those company interests;
23
(d) the reason why the foreign stakeholder is a foreign person;
24
(e) if the foreign stakeholder is an individual--the country in
25
which the foreign stakeholder is ordinarily resident;
26
(f) if the foreign stakeholder is a corporation--the country in
27
which the corporation was formed;
28
(g) if the foreign stakeholder is a trustee of a trust:
29
(i) the name of the trust; and
30
(ii) the country in which the trust was established;
31
Foreign media ownership Schedule 1
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
7
(h) if the foreign stakeholder is a foreign government investor as
1
the result of the application of paragraph 17(a) of the Foreign
2
Acquisitions and Takeovers Regulation 2015 to a separate
3
government entity of a foreign country or a part of a foreign
4
country--the foreign country or the part of the foreign
5
country, as the case may be;
6
(i) if the foreign stakeholder is a foreign government investor
7
wholly or partly as the result of the application of
8
paragraph 17(b), (c), (d) or (e) of the Foreign Acquisitions
9
and Takeovers Regulation 2015 to a foreign government--
10
the foreign government;
11
(j) if the foreign stakeholder is a foreign government investor
12
wholly or partly as the result of the application of
13
paragraph 17(b), (c), (d) or (e) of the Foreign Acquisitions
14
and Takeovers Regulation 2015 to a separate government
15
entity of a foreign country or a part of a foreign country--the
16
foreign country or the part of the foreign country, as the case
17
may be.
18
(2) Despite subsection (1), the Register of Foreign Owners of Media
19
Assets must not set out particular information if the ACMA is
20
satisfied that disclosure of the information could reasonably be
21
expected to prejudice materially the commercial interests of a
22
person.
23
Subdivision C--Notification
24
74F Notification by a person who becomes a foreign stakeholder in
25
an Australian media company
26
(1) If a person who was not a foreign stakeholder in a particular
27
Australian media company becomes a foreign stakeholder in the
28
company at a particular time, the person must, within 30 days after
29
that time, notify the ACMA in writing of:
30
(a) the person's name; and
31
(b) the circumstances that resulted in the person becoming a
32
foreign stakeholder in the company; and
33
(c) the person's company interests in the company; and
34
(d) the method used to determine those company interests; and
35
(e) the reason why the person is a foreign person; and
36
Schedule 1 Foreign media ownership
8
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
(f) the designated information relating to the person; and
1
(g) such other information (if any) relating to the person as is
2
specified under subsection (2).
3
(2) The ACMA may, by legislative instrument, specify information for
4
the purposes of paragraph (1)(g).
5
Civil penalty provision
6
(3) Subsection (1) is a civil penalty provision.
7
(4) A person who contravenes subsection (1) commits a separate
8
contravention of that subsection in respect of each day (including a
9
day of the making of a relevant civil penalty order or any
10
subsequent day) during which the contravention continues.
11
Designated infringement notice provision
12
(5) Subsection (1) is a designated infringement notice provision.
13
Self-incrimination
14
(6) A person is not required to notify information under subsection (1)
15
if the information might tend to incriminate the person or expose
16
the person to a penalty.
17
74G Notification by a person who ceases to be a foreign stakeholder
18
in an Australian media company
19
(1) If a person who was a foreign stakeholder in an Australian media
20
company has ceased to be a foreign stakeholder in the company,
21
the person must, within 30 days after the cessation, notify the
22
ACMA in writing of:
23
(a) the cessation; and
24
(b) the circumstances that resulted in the cessation.
25
Civil penalty provision
26
(2) Subsection (1) is a civil penalty provision.
27
(3) A person who contravenes subsection (1) commits a separate
28
contravention of that subsection in respect of each day (including a
29
Foreign media ownership Schedule 1
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
9
day of the making of a relevant civil penalty order or any
1
subsequent day) during which the contravention continues.
2
Designated infringement notice provision
3
(4) Subsection (1) is a designated infringement notice provision.
4
Self-incrimination
5
(5) A person is not required to notify information under subsection (1)
6
if the information might tend to incriminate the person or expose
7
the person to a penalty.
8
74H Notification by a person who is a foreign stakeholder in an
9
Australian media company at the end of a financial year
10
(1) If, at the end of a financial year, a person is a foreign stakeholder in
11
an Australian media company, the person must, within 30 days
12
after the end of the financial year, notify the ACMA in writing of:
13
(a) the person's name; and
14
(b) the circumstances that resulted in the person being a foreign
15
stakeholder in the company at the end of the financial year;
16
and
17
(c) the person's company interests in the company at the end of
18
the financial year; and
19
(d) the method used to determine those company interests; and
20
(e) the reason why the person was a foreign person at the end of
21
the financial year; and
22
(f) the designated information relating to the person; and
23
(g) such other information (if any) relating to the person as is
24
specified under subsection (2).
25
(2) The ACMA may, by legislative instrument, specify information for
26
the purposes of paragraph (1)(g).
27
Civil penalty provision
28
(3) Subsection (1) is a civil penalty provision.
29
(4) A person who contravenes subsection (1) commits a separate
30
contravention of that subsection in respect of each day (including a
31
Schedule 1 Foreign media ownership
10
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
day of the making of a relevant civil penalty order or any
1
subsequent day) during which the contravention continues.
2
Designated infringement notice provision
3
(5) Subsection (1) is a designated infringement notice provision.
4
Self-incrimination
5
(6) A person is not required to notify information under subsection (1)
6
if the information might tend to incriminate the person or expose
7
the person to a penalty.
8
74J Notification by a person who is a foreign stakeholder in an
9
Australian media company at the commencement of this
10
Division
11
(1) If, at the commencement of this Division, a person is a foreign
12
stakeholder in an Australian media company, the person must,
13
within the initial disclosure period, notify the ACMA in writing of:
14
(a) the person's name; and
15
(b) the circumstances that resulted in the person being a foreign
16
stakeholder in the company at the commencement of this
17
Division; and
18
(c) the person's company interests in the company at the
19
commencement of this Division; and
20
(d) the method used to determine those company interests; and
21
(e) the reason why the person was a foreign person at the
22
commencement of this Division; and
23
(f) the designated information relating to the person; and
24
(g) such other information (if any) relating to the person as is
25
specified under subsection (2).
26
(2) The ACMA may, by legislative instrument, specify information for
27
the purposes of paragraph (1)(g).
28
Civil penalty provision
29
(3) Subsection (1) is a civil penalty provision.
30
Foreign media ownership Schedule 1
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
11
(4) A person who contravenes subsection (1) commits a separate
1
contravention of that subsection in respect of each day (including a
2
day of the making of a relevant civil penalty order or any
3
subsequent day) during which the contravention continues.
4
Designated infringement notice provision
5
(5) Subsection (1) is a designated infringement notice provision.
6
Self-incrimination
7
(6) A person is not required to notify information under subsection (1)
8
if the information might tend to incriminate the person or expose
9
the person to a penalty.
10
74K Notification by a person who is a foreign stakeholder in an
11
Australian media company--requirement by the ACMA
12
(1) The ACMA may, by written notice given to a foreign stakeholder
13
in an Australian media company, require the foreign stakeholder
14
to:
15
(a) notify the ACMA of:
16
(i) the foreign stakeholder's company interests in the
17
company; and
18
(ii) the method used to determine those company interests;
19
and
20
(iii) such other information (if any) relating to the foreign
21
stakeholder as is specified under subsection (2); and
22
(b) do so within the period specified in the notice.
23
(2) The ACMA may, by legislative instrument, specify information for
24
the purposes of subparagraph (1)(a)(iii).
25
(3) A period specified under paragraph (1)(b) must not be shorter than
26
14 days after the notice is given.
27
Civil penalty provision
28
(4) Subsection (1) is a civil penalty provision.
29
(5) A person who contravenes subsection (1) commits a separate
30
contravention of that subsection in respect of each day (including a
31
Schedule 1 Foreign media ownership
12
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
day of the making of a relevant civil penalty order or any
1
subsequent day) during which the contravention continues.
2
Designated infringement notice provision
3
(6) Subsection (1) is a designated infringement notice provision.
4
Self-incrimination
5
(7) A person is not required to notify information under subsection (1)
6
if the information might tend to incriminate the person or expose
7
the person to a penalty.
8
74L Requirement for executors, administrators and liquidators to
9
give notification
10
(1) If a person who is required by subsection 74F(1), 74G(1), 74H(1),
11
74J(1) or 74K(1) to notify information dies before notifying the
12
information, the executor or administrator of the person's estate
13
must notify the information in accordance with the subsection
14
concerned.
15
(2) If a person who is required by subsection 74F(1), 74G(1), 74H(1),
16
74J(1) or 74K(1) to notify information is a corporation and is
17
wound up before notifying the information, the liquidator of the
18
corporation must notify the information in accordance with the
19
subsection concerned.
20
74M Person may give the ACMA relevant information
21
(1) A person may give the ACMA information that is relevant to the
22
performance of the ACMA's functions under this Division.
23
(2) The information may consist of, or include, personal information
24
(within the meaning of the Privacy Act 1988).
25
Foreign media ownership Schedule 1
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
13
Subdivision D--Miscellaneous
1
74N Minister may direct the ACMA about the performance of its
2
functions or the exercise of its powers
3
(1) The Minister may, by legislative instrument, give the ACMA a
4
direction about the performance of the functions, or the exercise of
5
the powers, conferred on the ACMA by this Division (other than
6
section 74U).
7
Note:
Section 74U requires the ACMA to conduct a review of this Division.
8
(2) The ACMA must comply with a direction under subsection (1).
9
74P Service of summons, process or notice on corporations
10
incorporated outside Australia
11
Scope
12
(1) This section applies to:
13
(a) a summons or process in any proceedings under, or
14
connected with, this Division; or
15
(b) a notice under any other provision of this Act, so far as that
16
provision relates to this Division;
17
where:
18
(c) the summons, process or notice, as the case may be, is
19
required to be served on, or given to, a body corporate
20
incorporated outside Australia; and
21
(d) the body corporate does not have a registered office or a
22
principal office in Australia; and
23
(e) the body corporate has an agent in Australia.
24
Service
25
(2) The summons, process or notice, as the case may be, is taken to
26
have been served on, or given to, the body corporate if it is served
27
on, or given to, the agent.
28
(3) Subsection (2) has effect in addition to section 28A of the Acts
29
Interpretation Act 1901.
30
Schedule 1 Foreign media ownership
14
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
Note:
Section 28A of the Acts Interpretation Act 1901 deals with the service
1
of documents.
2
74Q Extra-territorial application
3
This Division extends to acts, omissions, matters and things
4
outside Australia.
5
74R Annual report
6
(1) As soon as practicable after 30 July next following a financial year,
7
the ACMA must:
8
(a) prepare a report about the company interests in Australian
9
media companies that were held by foreign stakeholders at
10
the end of the financial year; and
11
(b) give the report to the Minister.
12
(2) A report under subsection (1) may include the ACMA's
13
observations about trends relating to the company interests in
14
Australian media companies that are held by foreign stakeholders.
15
(3) The Minister may cause a copy of a report under subsection (1) to
16
be published on the Department's website.
17
74S Part 13 not limited
18
This Division does not limit the operation of Part 13 (which
19
confers certain investigative powers on the ACMA).
20
74T Liability for damages
21
The Commonwealth, the ACMA, or an ACMA official, is not
22
liable to an action or other proceeding for damages for, or in
23
relation to, an act or matter in good faith done or omitted to be
24
done:
25
(a) in the performance or purported performance of any function;
26
or
27
(b) in the exercise or purported exercise of any power;
28
conferred on the ACMA by Subdivision B.
29
Foreign media ownership Schedule 1
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
15
74U Review of this Division etc.
1
(1) The ACMA must:
2
(a) conduct a review of the following matters:
3
(i) the operation of this Division;
4
(ii) the operation of the remaining provisions of this Act to
5
the extent to which they relate to this Division;
6
(iii) whether this Division should be amended;
7
(iv) whether the remaining provisions of this Act, to the
8
extent to which they relate to this Division, should be
9
amended; and
10
(b) do so as soon as practicable after the end of the 3-year period
11
that began at the end of the initial disclosure period.
12
(2) The ACMA must prepare a report of the review under
13
subsection (1).
14
(3) The ACMA must give the report to the Minister.
15
(4) The Minister must cause copies of the report to be tabled in each
16
House of the Parliament within 15 sitting days of that House after
17
the day on which the Minister receives the report.
18
6 Subsection 205F(4)
19
After "other than subsection", insert "74F(1), 74G(1), 74H(1), 74J(1),
20
74K(1),".
21
7 Subsection 205F(5)
22
After "other than subsection", insert "74F(1), 74G(1), 74H(1), 74J(1),
23
74K(1) or".
24
8 After subsection 205F(5)
25
Insert:
26
(5AA) The pecuniary penalty payable by a person in respect of:
27
(a) a contravention of subsection 74F(1), 74G(1), 74H(1), 74J(1)
28
or 74K(1); or
29
(b) a contravention of section 205E that relates to a
30
contravention of subsection 74F(1), 74G(1), 74H(1), 74J(1)
31
or 74K(1);
32
Schedule 1 Foreign media ownership
16
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
No. , 2017
must not exceed:
1
(c) if the person is a body corporate--300 penalty units; or
2
(d) if the person is not a body corporate--60 penalty units.
3
9 Section 205ZA
4
Before "The penalty", insert "(1)".
5
10 At the end of section 205ZA
6
Add:
7
(2) Subsection (1) does not apply to an infringement notice that relates
8
to subsection 74F(1), 74G(1), 74H(1), 74J(1) or 74K(1).
9
(3) If an infringement notice given to a person relates to
10
subsection 74F(1), 74G(1), 74H(1), 74J(1) or 74K(1), the penalty
11
to be specified in the infringement notice must be a pecuniary
12
penalty equal to:
13
(a) if the person is a body corporate--60 penalty units; or
14
(b) in any other case--10 penalty units.
15
Community radio Schedule 2
No. , 2017
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
17
Schedule 2--Community radio
1
2
Broadcasting Services Act 1992
3
1 After paragraph 84(2)(b)
4
Insert:
5
(ba) in the case of a community radio broadcasting licence--the
6
extent to which the proposed service or services would
7
provide material of local significance; and
8
2 At the end of section 84
9
Add:
10
(3) For the purposes of paragraph (2)(ba), material is of local
11
significance if:
12
(a) it is hosted in the licence area of the proposed licence; or
13
(b) it is produced in the licence area of the proposed licence; or
14
(c) it relates to the licence area of the proposed licence.
15
3 Application of amendments
16
Allocation
17
(1)
Paragraph 84(2)(ba) of the Broadcasting Services Act 1992 (as amended
18
by this Schedule), so far as it relates to a decision whether to allocate a
19
licence, applies in relation to such a decision if the application or
20
applications for the licence were made in response to an advertisement
21
published under section 80 of that Act after the commencement of this
22
item.
23
Renewal
24
(2)
Paragraph 84(2)(ba) of the Broadcasting Services Act 1992 (as amended
25
by this Schedule), so far as it relates to a decision under
26
subsection 91(2A) of that Act to refuse to renew a licence, applies in
27
relation to such a decision if the application for renewal of the licence
28
was made under section 90 of that Act after the commencement of this
29
item.
30
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