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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018-2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Broadcasting Services Amendment
(Audio Description) Bill 2019
No. , 2019
(Senator Steele-John)
A Bill for an Act to amend the
Broadcasting
Services Act 1992
, and for related purposes
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Broadcasting Services Act 1992
3
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
1
A Bill for an Act to amend the
Broadcasting
1
Services Act 1992
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Broadcasting Services Amendment (Audio
5
Description)
Act 2019
.
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 Services Amendment (Audio Description) Bill 2019
No. , 2019
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repealed as set out in the applicable items in the Schedule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
Amendments
Schedule 1
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
3
Schedule 1--Amendments
1
2
Broadcasting Services Act 1992
3
1 Section 8A (heading)
4
Repeal the heading, substitute:
5
8A Captioning and audio description taken to be part of program
6
2 After subsection 8A(1)
7
Insert:
8
(1A) For the purposes of this Act, if there is an audio description of a
9
television program for people who are blind or have low vision, the
10
audio description is taken to be part of the program.
11
3 Subsection 8A(2)
12
Omit "Subsection (1) is", substitute "Subsections (1) and (1A) are".
13
4 After paragraph 123(2)(i)
14
Insert:
15
(ia) audio description of television programs for people who are
16
blind or have low vision; and
17
5 At the end of subsection 123(3E)
18
Add "or (2C)".
19
6 Part 9D (heading)
20
Repeal the heading, substitute:
21
Part 9D--Captioning and audio description
22
7 At the end of section 130ZJ
23
Add "and audio description of television programs for people who are
24
blind or have low vision".
25
Schedule 1
Amendments
4
Broadcasting Services Amendment (Audio Description) Bill 2019
No. , 2019
8 Section 130ZK
1
Insert:
2
audio description
, of a television program,
means commentary that
3
describes key visual elements of the program.
4
Note:
For example, an audio description may include commentary provided
5
with the program to:
6
(a) identify speakers; and
7
(b) describe gestures, facial expressions and scene changes; and
8
(c) narrate other visual content.
9
audio description start time
means the first 1 July occurring at
10
least 18 months after Schedule 1 to the
Broadcasting Services
11
Amendment (Audio Description)
Act 2019
commences.
12
9 Sections 130ZM and 130ZN
13
Repeal the sections.
14
10 Before section 130ZR
15
Insert:
16
130ZQA This Division does not apply to certain programs
17
(1) This Division does not apply to a television program that is wholly
18
in a language other than English.
19
(2) This Division does not apply to a television program the audio
20
component of which consists only of music that has no human
21
vocal content that is recognisable as being in the English language.
22
(3) For the purposes of subsections (1) and (2), disregard minor and
23
infrequent uses of the English language.
24
11 Before section 130ZV
25
Insert:
26
130ZUC This Division does not apply to certain programs
27
(1) This Division does not apply to a television program that is wholly
28
in a language other than English.
29
Amendments
Schedule 1
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
5
(2) This Division does not apply to a television program the audio
1
component of which consists only of music that has no human
2
vocal content that is recognisable as being in the English language.
3
(3) For the purposes of subsections (1) and (2), disregard minor and
4
infrequent uses of the English language.
5
12 After Division 3 of Part 9D
6
Insert:
7
Division 3A--Audio description obligations
8
130ZZAC This Division does not apply to certain programs
9
(1) This Division does not apply to a television program the audio
10
component of which consists only of music that has no human
11
vocal content that is recognisable as being in the English language.
12
(2) For the purposes of subsection (1), disregard minor and infrequent
13
uses of the English language.
14
(3) This Division does not apply to live television programs.
15
130ZZAD Audio description obligations--basic rule
16
Basic rule
17
(1) If:
18
(a) a national broadcaster, commercial television broadcasting
19
licensee or subscription television licensee transmits
20
television programs in a week on one or more channels; and
21
(b) the week starts at or after the audio description start time;
22
the broadcaster or licensee must provide, for each channel, audio
23
description of programs for at least the minimum number of hours
24
for the week.
25
(2) For the purposes of subsection (1), the minimum number of hours
26
for each channel is:
27
(a) for a week starting in the period of 36 months starting at the
28
audio description start time--14 hours; or
29
(b) for a week starting in the period of 12 months after the end of
30
the period mentioned in paragraph (a)--21 hours; or
31
Schedule 1
Amendments
6
Broadcasting Services Amendment (Audio Description) Bill 2019
No. , 2019
(c) for a week starting after the end of the period mentioned in
1
paragraph (b)--28 hours.
2
Note 1:
For compliance by licensees, see clauses 7, 10 and 11 of Schedule 2.
3
Note 2:
For exemption orders, see section 130ZZAE.
4
(3) A television program with audio description that has been
5
previously transmitted does not count towards the number of hours
6
set out in subsection (2).
7
130ZZAE Audio description exemption orders--unjustifiable
8
hardship
9
Application
10
(1) A commercial television broadcasting licensee may apply to the
11
ACMA for an order (an
exemption order
) that exempts from
12
subsection 130ZZAD(1) a specified commercial television
13
broadcasting service provided by the licensee in a specified eligible
14
period.
15
Note:
For
eligible period
, see subsection (16).
16
(2) A national broadcaster may apply to the ACMA for an order (an
17
exemption order
) that exempts from subsection 130ZZAD(1) a
18
specified national television broadcasting service provided by the
19
broadcaster in a specified eligible period.
20
Note:
For
eligible period
,
see subsection (16).
21
(3) A subscription television licensee may apply to the ACMA for an
22
order (an
exemption order
) that exempts from
23
subsection 130ZZAD(1) a specified subscription television service
24
provided by the licensee in a specified eligible period.
25
Note:
For
eligible period
, see subsection (16).
26
(4) An application under subsection (1), (2) or (3) must:
27
(a) be in writing; and
28
(b) be in a form approved, in writing, by the ACMA; and
29
(c) be made no later than 6 months before the commencement of
30
the eligible period specified in the application.
31
Amendments
Schedule 1
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
7
Decision on application
1
(5) If an application under subsection (1), (2) or (3) has been made for
2
an exemption order, the ACMA must, after considering the
3
application:
4
(a) by writing, make the exemption order; or
5
(b) refuse to make the exemption order.
6
Criteria for making exemption order
7
(6) The ACMA must not make the exemption order unless the ACMA
8
is satisfied that a refusal to make the exemption order would
9
impose an unjustifiable hardship on the applicant.
10
(7) In determining whether a failure to make the exemption order
11
would impose an unjustifiable hardship on the applicant, the
12
ACMA must have regard to the following matters:
13
(a) the nature of the detriment likely to be suffered by the
14
applicant;
15
(b) the impact of making the exemption order on persons who
16
are blind or have low vision and who are users, or potential
17
users, of the commercial television broadcasting service,
18
national television broadcasting service or subscription
19
television service concerned;
20
(c) if the applicant is a subscription television licensee--the
21
number of people who subscribe to the subscription
22
television service concerned;
23
(d) the financial circumstances of the applicant;
24
(e) the estimated amount of expenditure that the applicant would
25
be required to make if there was a failure to make the
26
exemption order;
27
(f) the extent to which the applicant provides audio description
28
of television programs transmitted on commercial television
29
broadcasting services, national television broadcasting
30
services or subscription television services provided by the
31
applicant;
32
(g) the likely impact of a failure to make the exemption order on
33
the quantity and quality of television programs transmitted on
34
commercial television broadcasting services, national
35
television broadcasting services or subscription television
36
services provided by the applicant;
37
Schedule 1
Amendments
8
Broadcasting Services Amendment (Audio Description) Bill 2019
No. , 2019
(h) whether the applicant has applied, or has proposed to apply,
1
for exemption orders under this section in relation to any
2
other commercial television broadcasting services, national
3
television broadcasting services or subscription television
4
services provided by the applicant;
5
(i) such other matters (if any) as the ACMA considers relevant.
6
Consultation
7
(8) Before making an exemption order under subsection (5), the
8
ACMA must:
9
(a) within 50 days after receiving the application for the
10
exemption order publish on the ACMA's website a notice:
11
(i) setting out the draft exemption order; and
12
(ii) inviting persons to make submissions to the ACMA
13
about the draft exemption order within 30 days after the
14
notice is published; and
15
(b) consider any submissions received within the 30-day period
16
mentioned in subparagraph (a)(ii).
17
Commencement of exemption order
18
(9) An exemption order under subsection (5) comes into force at the
19
start of the eligible period to which the exemption order relates.
20
Refusal to make exemption order
21
(10) If:
22
(a) an application under subsection (1), (2) or (3) has been made
23
for an exemption order; and
24
(b) the ACMA does not make a decision on the application
25
within the period of 90 days beginning at the start of the day
26
on which the ACMA received the application;
27
the ACMA is taken, at the end of that 90-day period, to have
28
decided to refuse to make the exemption order.
29
(11) If:
30
(a) an application under subsection (1), (2) or (3) has been made
31
for an exemption order; and
32
(b) the ACMA decides to refuse to make the exemption order, as
33
the case may be;
34
Amendments
Schedule 1
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
9
the ACMA must give written notice of the decision to the
1
applicant.
2
Publication requirement
3
(12) If the ACMA makes an exemption order under subsection (5), the
4
ACMA must publish a copy of the order on the ACMA's website.
5
(13) The ACMA must provide on its website a copy of the order in a
6
format accessible to persons who are blind or have low vision.
7
Order is not a legislative instrument
8
(14) An exemption order under subsection (5) is not a legislative
9
instrument.
10
Specification of national television broadcasting services
11
(15) For the purposes of this section, a national television broadcasting
12
service may be specified by reference to:
13
(a) whether or not the service is provided with the use of a
14
satellite; and
15
(b) the coverage area, or the satellite delivery area, in which the
16
service is provided.
17
Definitions
18
(16) In this section:
19
commercial television broadcasting service
includes a proposed
20
commercial television broadcasting service.
21
eligible period
means a period of 12 months starting on:
22
(a) the day that is 18 months after Schedule 1 to the
23
Broadcasting Services Amendment (Audio Description)
Act
24
2019
commences; or
25
(b) a later anniversary of the day mentioned in paragraph (a).
26
national television broadcasting service
includes a proposed
27
national television broadcasting service.
28
subscription television service
includes a proposed subscription
29
television service.
30
Schedule 1
Amendments
10
Broadcasting Services Amendment (Audio Description) Bill 2019
No. , 2019
130ZZAF Certain breaches to be disregarded
1
(1) If:
2
(a) apart from this subsection, a commercial television
3
broadcasting licensee has breached a provision of this
4
Division; and
5
(b) the breach is attributable to significant difficulties of a
6
technical or engineering nature for the licensee; and
7
(c) those difficulties could not reasonably have been foreseen by
8
the licensee;
9
then the breach is to be disregarded in determining whether the
10
licensee has complied with the provision.
11
(2) If:
12
(a) apart from this subsection, a national broadcaster has
13
breached a provision of this Division; and
14
(b) the breach is attributable to significant difficulties of a
15
technical or engineering nature for the broadcaster; and
16
(c) those difficulties could not reasonably have been foreseen by
17
the broadcaster;
18
then the breach is to be disregarded in determining whether the
19
broadcaster has complied with the provision.
20
(3) If:
21
(a) apart from this section, a subscription television licensee has
22
breached a provision of this Division; and
23
(b) the breach is attributable to significant difficulties of a
24
technical or engineering nature for the licensee; and
25
(c) those difficulties could not reasonably have been foreseen by
26
the licensee;
27
then the breach is to be disregarded in determining whether the
28
licensee has complied with the provision.
29
13 Division 4 of Part 9D (heading)
30
Repeal the heading, substitute:
31
Division 4--Captioning and audio description standards
32
14 Section 130ZZA (heading)
33
Repeal the heading, substitute:
34
Amendments
Schedule 1
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
11
130ZZA Captioning and audio description standards
1
15 Before subsection 130ZZA(1)
2
Insert:
3
Captioning standards
4
16 After subsection 130ZZA(2B)
5
Insert:
6
Audio description standards
7
(2C) The ACMA may, by legislative instrument, determine standards
8
that relate to:
9
(a) the quality of audio description of television programs
10
provided by commercial television broadcasting licensees;
11
and
12
(b) the quality of audio description of television programs
13
provided by national broadcasters; and
14
(c) the quality of audio description of television programs
15
provided by subscription television broadcasting licensees;
16
and
17
(d) the quality of audio description of television programs
18
provided by subscription television narrowcasting licensees.
19
(2D) For the purposes of subsection (2C),
quality
includes:
20
(a) audibility; and
21
(b) comprehensibility; and
22
(c) accuracy.
23
Making standards
24
17 Subsection 130ZZA(3)
25
After "subsection (1)", insert "or (2C)".
26
18 After subsection 130ZZA(3)
27
Insert:
28
(3A) Before the ACMA determines standards under subsection (1), the
29
ACMA must consult:
30
Schedule 1
Amendments
12
Broadcasting Services Amendment (Audio Description) Bill 2019
No. , 2019
(a) persons who, in the opinion of the ACMA, represent the
1
interests of persons who are deaf or hearing impaired; and
2
(b) persons who provide captioning services.
3
(3B) Before the ACMA determines standards under subsection (2C), the
4
ACMA must consult:
5
(a) persons who, in the opinion of the ACMA, represent the
6
interests of persons who are blind or have low vision; and
7
(b) persons who provide audio description of television
8
programs.
9
(3C) A failure by the ACMA to comply with subsection (3A) or (3B)
10
does not affect the validity of a standard.
11
19 Subsection 130ZZA(4)
12
After "standard determined under subsection (1)", insert "or (2C)".
13
20 Subsection 130ZZA(4) (note 2)
14
Omit "subsection (1) of".
15
21 Subsections 130ZZA(5) and (6)
16
After "standard determined under subsection (1)", insert "or (2C)".
17
22 Subsection 130ZZA(6) (note 2)
18
Omit "subsection (1) of".
19
23 Subsection 130ZZA(7)
20
After "standard determined under subsection (1)", insert "or (2C)".
21
24 Subsection 130ZZA(7) (note 2)
22
Omit "subsection (1) of".
23
25 Subsection 130ZZA(7A)
24
After "subsection (1)", insert "or (2C)".
25
26 At the end of section 130ZZA
26
Add:
27
Amendments
Schedule 1
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
13
(9) The ACMA must take all reasonable steps to ensure that standards
1
are in force under subsection (2C) at all times after the audio
2
description start time.
3
27 Subsections 130ZZC(1) and (3)
4
After "Divisions 2,", insert "3A,".
5
28 Subsection 130ZZC(5)
6
After "Divisions 3,", insert "3A,".
7
29 At the end of section 130ZZC
8
Add:
9
(8) The ACMA must provide on its website a copy of the report in a
10
format accessible to persons who are blind or have low vision.
11
30 Paragraph 130ZZD(2)(a)
12
Omit "or 3", substitute ", 3 or 3A".
13
31 Paragraph 130ZZD(4)(b)
14
After "captioning", insert "or audio description".
15
32 At the end of Division 7 of Part 9D
16
Add:
17
130ZZF Review after period of operation of audio description
18
requirements
19
(1) Within 2 years after the audio description start time, the ACMA
20
must conduct a review of the following matters:
21
(a) the operation of this Part;
22
(b) whether this Part should be amended;
23
(c) the operation of paragraph 7(1)(o) of Schedule 2;
24
(d) whether paragraph 7(1)(o) of Schedule 2 should be amended;
25
(e) the operation of paragraph 10(1)(eb) of Schedule 2;
26
(f) whether paragraph 10(1)(eb) of Schedule 2 should be
27
amended;
28
(g) the operation of paragraph 11(1)(bc) of Schedule 2;
29
Schedule 1
Amendments
14
Broadcasting Services Amendment (Audio Description) Bill 2019
No. , 2019
(h) whether paragraph 11(1)(bc) of Schedule 2 should be
1
amended;
2
(i) any standards determined under subsection 130ZZA(1) or
3
(2C);
4
(j) content and scheduling of programs for which audio
5
description is provided.
6
Consultation
7
(2) In conducting the review, the ACMA must make provision for
8
public consultation.
9
Report
10
(3) The ACMA must give the Minister a report of the review within 6
11
months after completing the review.
12
(4) The Minister must cause copies of a report under subsection (3) to
13
be tabled in each House of the Parliament within 15 sitting days of
14
that House after receiving the report.
15
130ZZG Ongoing reviews
16
(1) Within:
17
(a) 5 years after the completion of the review under
18
section 130ZZF; and
19
(b) 5 years after the completion of a review under this section;
20
the ACMA must conduct a review of the matters mentioned in
21
subsection 130ZZF(1).
22
Consultation
23
(2) In conducting the review, the ACMA must make provision for
24
public consultation.
25
Report
26
(3) The ACMA must give the Minister a report of the review within 6
27
months after completing the review.
28
(4) The Minister must cause copies of a report under subsection (3) to
29
be tabled in each House of the Parliament within 15 sitting days of
30
that House after receiving the report.
31
Amendments
Schedule 1
No. , 2019
Broadcasting Services Amendment (Audio Description) Bill 2019
15
33 Paragraph 150(2)(a)
1
After "captioning", insert "and audio description".
2
34 Subsection 204(1) (before table item dealing with
3
suspension or cancellation of licence)
4
Insert:
5
To make an
exemption order
Section 130ZZAE
A person whose
interests are affected
by the decision to
make the exemption
order
Refusal to make an
exemption order
Section 130ZZAE
The applicant
35 Paragraphs 7(1)(o), 10(1)(eb) and 11(1)(bc) of Schedule 2
6
Omit "captioning of television programs for the deaf and hearing
7
impaired", substitute "captioning and audio description of television
8
programs".
9
36 Application
10
(1)
Subsection 130ZZA(3A) of the
Broadcasting Services Act 1992
applies
11
in relation to standards determined under subsection 130ZZA(1) of that
12
Act after the commencement of this item.
13
(2)
The amendments to section 130ZZC of the
Broadcasting Services Act
14
1992
made by this Schedule apply in relation to financial years ending
15
after the audio description start time (as defined in section 130ZK of
16
that Act).
17
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