Bill
Commercial Broadcasting (Tax) Bill 2017
passed, as at 2017-09-18. Communications and the Arts portfolio.
- Sponsor
- Not recorded
- Portfolio
- Communications and the Arts
Recorded stages
- introduced — 2017-06-15
- second reading — 2017-06-15
- second reading — 2017-06-20
- second reading — 2017-06-21
- second reading — 2017-06-21
- third reading — 2017-06-21
- introduced — 2017-06-22
- second reading — 2017-06-22
- second reading — 2017-06-22
- second reading — 2017-09-11
- second reading — 2017-09-12
- second reading — 2017-09-13
- committee — 2017-09-13
- committee — 2017-09-14
- third reading — 2017-09-14
- passed — 2017-09-14
- royal assent — 2017-09-18
Divisions
- Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017, Commercial Broadcasting (Tax) Bill 2017 - Second Reading - Agree to bills' main idea — 2017-06-21, House of Representatives: affirmative, ayes 78, noes 67
- Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017, Commercial Broadcasting (Tax) Bill 2017 - Consideration in Detail - 2 out of 3 cross-media control rule — 2017-06-21, House of Representatives: negative, ayes 67, noes 78
- Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017, Commercial Broadcasting (Tax) Bill 2017 - Third Reading - Pass the bills — 2017-06-21, House of Representatives: affirmative, ayes 77, noes 68
- The majority voted in favour of [adjourning the debate](http://www.openaustralia.org.au/senate/?gid=2017-09-11.217.1) and so put off further discussion on these bills until a later time. ### What do the bills do? The two bills are the: * [Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5907); and the * [Commercial Broadcasting (Tax) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5908). Most significantly, the bills were introduced to get rid of certain media ownership, control and diversity laws, like the ‘75% audience reach rule’, which stops commercial television broadcasting licensees from controlling licences if the combined licence area has a population over 75% of Australia' population. It would also get rid of the ‘2 out of 3 cross-media control rule’, which stops a company from having control over more than two out of three regulated media platforms in any one commercial radio licence area. Read more in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd08). — 2017-09-11, Senate: affirmative, ayes 32, noes 30
- The majority supported continuing their discussion of the bill [on the next sitting day](http://www.openaustralia.org.au/senate/?gid=2017-09-11.219.1). In other words, they agreed to resume debate the next time they were sitting in the Senate. ### What do the bills do? The two bills are the: * [Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5907); and the * [Commercial Broadcasting (Tax) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5908). Most significantly, the bills were introduced to get rid of certain media ownership, control and diversity laws, like the ‘75% audience reach rule’, which stops commercial television broadcasting licensees from controlling licences if the combined licence area has a population over 75% of Australia' population. It would also get rid of the ‘2 out of 3 cross-media control rule’, which stops a company from having control over more than two out of three regulated media platforms in any one commercial radio licence area. Read more in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd08). — 2017-09-11, Senate: affirmative, ayes 32, noes 30
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2017-09-13.191.1): > *That if by 7.20 pm today, the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 and the Commercial Broadcasting (Tax) Bill 2017 have not been finally considered then:* > > *(a) the routine of business from not later than 7.20 pm shall be consideration of the bills listed above; and* > > *(b) the Senate shall adjourn without debate after it has finally considered the bills or at 11 pm, whichever is the earlier.* — 2017-09-13, Senate: affirmative, ayes 35, noes 29
- The majority voted in favour of an [amendment](http://www.openaustralia.org.au/senate/?gid=2017-09-13.212.20) introduced by WA Senator [Rachel Siewert](https://theyvoteforyou.org.au/people/senate/wa/rachel_siewert) (Greens). The amendment changes the second motion text - which is normally "*That these bills be now read a [second time](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html)*" - by adding: > *"but the Senate is of the opinion that all free-to-air television broadcasters should use the financial relief afforded by the reduction in licensing fees to offer audio description services for people who are blind or vision-impaired, and ensure provisioning of captioning services on all broadcast programs aligning thus with the National Disability Strategy 2010-2020, which calls for all broadcast programs to be fully captioned".* This change doesn't have any legal affect - that is, it won't force the Government to do what it asks for. However, it does have political influence in that it represents the will of the Senate. ### What does it mean to read the bills "a second time"? There are [several stages](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html) that a bill must pass through before becoming law. When the Senate is asked to read a bill for the "second time", it means that they are being asked whether they agree with the main idea of the bill. If this vote is successful, they'll then go on to discuss it in greater detail. ### What do the bills do? The two bills are the: * [Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5907); and the * [Commercial Broadcasting (Tax) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5908). Most significantly, the bills were introduced to get rid of certain media ownership, control and diversity laws, like the ‘75% audience reach rule’, w — 2017-09-13, Senate: affirmative, ayes 35, noes 29
- Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017, Commercial Broadcasting (Tax) Bill 2017 - Second Reading - Against non-statutory review — 2017-09-13, Senate: affirmative, ayes 33, noes 31
- Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017, Commercial Broadcasting (Tax) Bill 2017 - Second Reading - Agree with bills' main idea — 2017-09-13, Senate: affirmative, ayes 34, noes 30
- A large majority voted against [amendments](http://www.openaustralia.org.au/senate/?id=2017-09-13.224.1) to the bills introduced by SA Senator [Cory Bernardi](https://theyvoteforyou.org.au/people/senate/sa/cory_bernardi) (Australian Conservatives). Along with Bernardi, only Tasmanian Senator [Jacqui Lambie](https://theyvoteforyou.org.au/people/senate/tasmania/jacqui_lambie) supported them. ### What were the amendments? See [the debate](http://www.openaustralia.org.au/senate/?id=2017-09-13.224.1) for a copy of the amendments as well as an explanation as to what they would change. Senator Bernardi, who introduced them, [told the Senate](http://www.openaustralia.org.au/senate/?gid=2017-09-13.230.1): > *I don't even agree with all of these amendments, quite frankly, but I have read the [standing orders](https://www.peo.gov.au/learning/fact-sheets/standing-orders.html) and I'm compelled to vote for them. I want to put that on the record. But please do not refer to these as the 'Bernardi amendments'. This is the Burston-McKenzie amendment package. I am just the conduit, the vessel, through which they have been introduced into the Senate in the most effective and efficient manner that there can possibly be.* ### What do the bills do? The two bills are the: * [Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5907); and the * [Commercial Broadcasting (Tax) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5908). Most significantly, the bills were introduced to get rid of certain media ownership, control and diversity laws, like the ‘75% audience reach rule’, which stops commercial television broadcasting licensees from controlling licences if the combined licence area has a population over 75% of Australia' population. It would also get rid of the ‘2 out of 3 cross-media control rule’, which stops a company fr — 2017-09-13, Senate: negative, ayes 2, noes 55
- Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017, Commercial Broadcasting (Tax) Bill 2017 - in Committee - 2-out-of-3 cross media rule — 2017-09-14, Senate: negative, ayes 28, noes 32
- Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017, Commercial Broadcasting (Tax) Bill 2017 - in Committee - 2-out-of-3 cross media rule — 2017-09-14, Senate: affirmative, ayes 32, noes 28
- The majority voted against [amendments](http://www.openaustralia.org.au/senate/?gid=2017-09-14.235.1) introduced by SA Senator [Sarah Hanson-Young](https://theyvoteforyou.org.au/people/senate/sa/sarah_hanson-young) (Greens), which means they were rejected. ### What do the amendments do? Senator Hanson-Young [explained that](http://www.openaustralia.org.au/senate/?gid=2017-09-14.235.38) *"These amendments put in place the power of the parliament to disallow the government's intended review to inquire into the ABC and SBS."* She argued that this was important in light of a [deal made between the Government and One Nation](http://www.abc.net.au/news/2017-08-16/labor-and-greens-slam-dirty-media-law-deal-wth-one-nation/8810826), which includes a commitment to hold a *"competitive neutrality review"* into the ABC and SBS - something that [the Australian Greens strongly oppose](http://www.openaustralia.org.au/senate/?id=2017-09-14.218.2). ### What do the bills do? The two bills are the: * [Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5907); and the * [Commercial Broadcasting (Tax) Bill 2017](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5908). Most significantly, the bills were introduced to get rid of certain media ownership, control and diversity laws, like the ‘75% audience reach rule’, which stops commercial television broadcasting licensees from controlling licences if the combined licence area has a population over 75% of Australia' population. It would also get rid of the ‘2 out of 3 cross-media control rule’, which stops a company from having control over more than two out of three regulated media platforms in any one commercial radio licence area. Read more in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd08). — 2017-09-14, Senate: negative, ayes 27, noes 31
- Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017, Commercial Broadcasting (Tax) Bill 2017 - in Committee - Agree with bills — 2017-09-14, Senate: affirmative, ayes 31, noes 27
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2017-06-15.
This bill would replace broadcasting licence fees and datacasting charges with a new tax on transmitter licences for commercial broadcasters.
The tax would apply to each individual transmitter linked to an apparatus licence, with the minister setting the amount up to a cap specified in the bill.
The tax would take effect from 1 July 2017, but only if the related reform bill also passes.
- Abolishes broadcasting licence fees and datacasting charges.
- Introduces a transmitter licence tax for use of broadcast spectrum.
- Aligns tax arrangements for commercial broadcasters with those of other commercial spectrum users.
Commercial free-to-air broadcasters holding transmitter licences under the Radiocommunications Act 1992.
Sources
em
billhome
frl act