Communications Legislation Amendment (Australian Content Requirement for Subscription Video On Demand (Streaming) Services) Bill 2025
Senator ROBERTS (Queensland) (19:26): by leave—I ask that my name be recorded as opposing the second reading. The PRESIDENT: I will now deal with the Committee of the Whole amendments, beginning with the amendments circulated by the opposition. The question is that the amendment on sheet 3559 be agreed to.
Opposition's circulated amendment— (1) Page 41 (after line 20), at the end of the bill, add: Schedule 2 — Additional amendments Broadcasting Services Act 1992 1 After Part 9E Insert: Part 9F — Australian content prominence framework for streaming video on demand services 130ZZY Interpretation In this Part: Australian content prominence framework has the meaning given by subsection 130ZZZA(3). eligible Australian program has the same meaning as in Part 8C. major SVOD service has the same meaning as in Part 8C. 130ZZZ Australian content prominence framework (1) The Minister may, by legislative instrument, prescribe requirements relating to the prominence and accessibility of eligible Australian content on major SVOD services if the Minister is satisfied, on reasonable grounds, that it is appropriate to make the instrument to ensure eligible Australian content is readily accessible to Australian users.
(2) Without limiting subsection (1), the requirements may relate to: (a) the display, location or positioning of eligible Australian programs through the user interface for a major SVOD service; or (b) the accessibility of eligible Australian programs to users of a major SVOD services; or (c) the proportion of programs on major SVOD services that are readily accessible through the main user interface that must be eligible Australian programs.
(3) An instrument made under this section is an Australian content prominence framework. (4) An Australian content prominence framework comes into force when it is made and remains in force for a period of 3 years unless it is repealed earlier. (5) Without limiting subsection 33(3) of the Acts Interpretation Act 1901, the Minister may amend or repeal an Australian content prominence framework.
(6) The Minister must consult with providers of major SVOD services before making, amending or repealing an Australian content prominence framework. 130ZZZA Compliance with Australian content prominence framework (1) A person who provides a major SVOD service must comply with an Australian content prominence framework that is in force. (2) Subsection (1) is a civil penalty provision.
Exception (3) Subsection (1) does not apply to a person if: (a) the person is subject to a requirement under that subsection; and (b) the person fails to comply with that requirement; and (c) that failure to comply is because of circumstances that are outside the control of the person. Warnings (4) If the ACMA is satisfied that a person has contravened subsection (1), the ACMA may issue a formal warning to the person.
(5) For the purposes of this Act and the Australian Communications and Media Authority Act 2005, a warning under subsection (4) is taken to be a notice under this Part. 130ZZZB Review of this Part Review of this Part (1) The Minister must cause a review to be conducted of: (a) the operation, effectiveness and implications of: (i) this Part; and (ii) the remaining provisions of this Act to the extent to which they relate to this Part; and (b) whether any changes could be made to this Part, or the provisions mentioned in subparagraph (a)(ii), in order to improve the operation and effectiveness of this Part or those provisions.
(2) The review must commence as soon as practicable after the end of the 4 year period starting on the day that this Part commences. Report (3) The persons undertaking the review must give the Minister a written report of the review. The report must not include information that is commercially sensitive.
(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sittings days of that House after receiving the report. 2 After subsection 205F(5AD) Insert: (5ADA) The pecuniary penalty payable by a person in respect of: (a) a contravention of subsection 130ZZZA(1); or (b) a contravention of section 205E that relates to a contravention of subsection 130ZZZA(1); must not exceed: (c) if the person is a body corporate—whichever of the following is greater: (i) 10,000 penalty units; (ii) if the Court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, has obtained directly or indirectly and that is reasonably attributable to the contravention—3 times the value of that benefit; (iii) if the Court cannot determine the value of that benefit—2% of the annual turnover of the body corporate during the period of 12 months ending at the end of the month in which the contravention occurred; or (d) if the person is not a body corporate—2,000 penalty units.