Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018

No. 43, 2018

An Act to amend legislation relating to communications, and for other purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Broadcasting Services Act 1992 3

An Act to amend legislation relating to communications, and for other purposes

[Assented to 19 June 2018]

The Parliament of Australia enacts:
1 Short title

This Act is the Communications Legislation Amendment (Regional and Small Publishers Innovation Fund) Act 2018.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information 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. 20 June 2018

Note: This table relates only to the provisions of this Act as originally enacted.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

 2

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

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Broadcasting Services Act 1992

 1 After Part 14E

Insert:

 205ZG Simplified outline of this Part

• The ACMA may, on behalf of the Commonwealth, make a grant of financial assistance to:

• A grant must be in respect of:

• The Minister may constitute an advisory committee to advise the ACMA.

 a

a publisher of a newspaper, magazine or other periodical; or

 b

a content service provider.

 a

the financial year commencing on 1 July 2018; or

 b

the financial year commencing on 1 July 2019; or

 c

the financial year commencing on 1 July 2020.

 205ZH Grants 1

The ACMA may, on behalf of the Commonwealth, make a grant of financial assistance to:

 a

a constitutional corporation that publishes a newspaper, magazine or other periodical; or

 b

a content service provider (within the meaning of Schedule 7);

in respect of:

Note: The other Act will usually be an Annual Appropriation Act.

 c

the financial year commencing on 1 July 2018; or

 d

the financial year commencing on 1 July 2019; or

 e

the financial year commencing on 1 July 2020.

 2

A grant of financial assistance must not be made to a person under this section unless the person is party to an agreement under subsection 205ZJ(2).

 3

The total amount of financial assistance granted under this section must not exceed $50,100,000.

 4

Payments under this section are to be made out of money appropriated by the Parliament by another Act.

 205ZJ Terms and conditions for grants

Scope

Terms and conditions

Core condition

 1

This section applies to a grant of financial assistance under section 205ZH.

 2

The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the recipient.

 3

An agreement under subsection (2) may be entered into by the ACMA on behalf of the Commonwealth.

 4

An agreement under subsection (2) must set out a condition to the effect that the recipient will spend the amount of the grant in connection with a matter specified in the agreement.

 5

If the grant is made to the recipient in the recipient’s capacity as a constitutional corporation that publishes a newspaper, magazine or other periodical, the specified matter must concern the recipient’s activities, so far as those activities relate to the newspaper, magazine or other periodical.

 6

If the grant is made to the recipient in the recipient’s capacity as a content service provider (within the meaning of Schedule 7), the specified matter must concern the recipient’s activities, so far as those activities relate to the provision of a content service (within the meaning of Schedule 7).

 205ZK Advisory committee 1

The Minister may constitute a committee to advise the ACMA in relation to the exercise of the ACMA’s powers under this Part.

 2

In exercising its powers under this Part, the ACMA must have regard to any relevant advice given to it by the committee.

 3

Subsection (2) does not, by implication, limit the matters to which the ACMA may have regard.

Remuneration

Sunsetting

 4

A member of the committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a member of the committee is to be paid such remuneration as the Minister determines in writing.

 5

A member of the committee is to be paid such allowances as the Minister determines in writing.

 6

(6) Subsections (4) and (5) have effect subject to the Remuneration Tribunal Act 1973.

 7

A determination made by the Minister under subsection (4) or (5) is a legislative instrument.

 8

The committee ceases to exist at the end of 30 June 2021.

 205ZL Annual report

The Chair of the ACMA must include in the annual report on the ACMA given to the Minister under Public Governance, Performance and Accountability Act 2013 for a financial year mentioned in subsection 205ZH(1):section 46 of the

a

the name of each person who received one or more grants of financial assistance under section 205ZH in respect of the financial year; and

 b

the amount of each of those grants; and

 c

the purpose of each of those grants; and

 d

any advice given during the financial year to the ACMA by the committee constituted under section 205ZK.

 205ZM Short title of amending Act does not limit the powers conferred by this Part

To avoid doubt, the use of the expression “Regional and Small Publishers Innovation” in the short title of the Act that inserted this Part does not limit the powers conferred by this Part.

[Minister’s second reading speech made in—

Senate on 6 December 2017

House of Representatives on 29 May 2018]

(281/17)