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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
National Broadcasters Legislation
Amendment (Enhanced Transparency)
Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to amend legislation relating to the
Australian Broadcasting Corporation and the
Special Broadcasting Service Corporation, and for
other purposes
No. , 2017
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Australian Broadcasting Corporation
3
Part 1--Amendments
3
Australian Broadcasting Corporation Act 1983
3
Part 2--Application provisions
7
Schedule 2--Special Broadcasting Service Corporation
8
Part 1--Amendments
8
Special Broadcasting Service Act 1991
8
Part 2--Application provisions
12
No. , 2017
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
1
A Bill for an Act to amend legislation relating to the
1
Australian Broadcasting Corporation and the
2
Special Broadcasting Service Corporation, and for
3
other purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the National Broadcasters Legislation Amendment
7
(Enhanced Transparency) Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Australian Broadcasting Corporation Schedule 1
Amendments Part 1
No. , 2017
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
3
Schedule 1--Australian Broadcasting
1
Corporation
2
Part 1--Amendments
3
Australian Broadcasting Corporation Act 1983
4
1 Subsection 3(1)
5
Insert:
6
indexation factor, for a reporting period, has the meaning given by
7
section 80B.
8
index number, in relation to a quarter, means the All Groups
9
Consumer Price Index number, being the weighted average of the 8
10
capital cities, published by the Australian Statistician in respect of
11
that quarter.
12
reporting period means the Corporation's reporting period (within
13
the meaning of the Public Governance, Performance and
14
Accountability Act 2013).
15
2 Section 80 (heading)
16
Repeal the heading, substitute:
17
80 Matters to be included in annual report--general
18
3 After section 80
19
Insert:
20
80A Matters to be included in annual report--salaries of senior
21
employees etc.
22
(1) The Directors must include in each annual report on the
23
Corporation given to the Minister under section 46 of the Public
24
Governance, Performance and Accountability Act 2013 for a
25
period:
26
(a) if the total amount of salary and allowances paid by the
27
Corporation during the period to an employee of the
28
Schedule 1 Australian Broadcasting Corporation
Part 1 Amendments
4
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
No. , 2017
Corporation was more than the applicable reporting threshold
1
for the period--the following information:
2
(i) the name of the employee;
3
(ii) that total amount;
4
(iii) the position or positions held by the employee during
5
the period; and
6
(b) if:
7
(i) an individual is or was a party to one or more on-air
8
talent contracts; and
9
(ii) the total amount paid by the Corporation during the
10
period to the individual under those contracts was more
11
than the applicable reporting threshold for the period;
12
the following information:
13
(iii) the name of the individual;
14
(iv) that total amount;
15
(v) for each contract--the nature of the services performed
16
for the Corporation by the individual during the period
17
under the contract.
18
(2) For the purposes of paragraph (1)(a), if the employment of an
19
employee is terminated, disregard any lump sum amounts paid in
20
respect of the employee's unused leave entitlements.
21
On-air talent contract
22
(3) For the purposes of paragraph (1)(b), an on-air talent contract is a
23
contract (other than a contract of employment) entered into
24
between the Corporation and an individual under which the
25
individual performs services for the Corporation, where those
26
services consist of, or include:
27
(a) appearing on a television program; or
28
(b) speaking or performing on a radio program.
29
Translation of amounts into Australian currency
30
(4) For the purposes of paragraphs (1)(a) and (b), an amount in a
31
foreign currency is to be translated into Australian currency.
32
(5) The amount of foreign currency is to be translated to Australian
33
currency at the exchange rate applicable at the time of payment.
34
Australian Broadcasting Corporation Schedule 1
Amendments Part 1
No. , 2017
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
5
Applicable reporting threshold
1
(6) For the purposes of paragraphs (1)(a) and (b):
2
(a) the applicable reporting threshold for the first reporting
3
period beginning after the commencement of this subsection
4
is $200,000; and
5
(b) the applicable reporting threshold for a later reporting
6
period is the amount calculated using the formula in
7
subsection (7).
8
(7) The formula mentioned in paragraph (6)(b) is:
9
Previous applicable reporting threshold
Indexation factor
10
where:
11
indexation factor means the indexation factor for the reporting
12
period.
13
previous applicable reporting threshold means the applicable
14
reporting threshold for the previous reporting period.
15
80B Indexation factor
16
(1) For the purposes of this Act, the indexation factor for a reporting
17
period is the number calculated, to 3 decimal places (rounding up if
18
the fourth decimal place is 5 or more), using the formula:
19
Index number for the reference March quarter
Index number for the base March quarter
20
where:
21
base March quarter means the last March quarter before the
22
reference March quarter.
23
reference March quarter means the last March quarter before the
24
reporting period.
25
(2) Subject to subsection (3), if (whether before or after the
26
commencement of this section) the Australian Statistician has
27
published or publishes an index number in respect of a quarter in
28
substitution for an index number previously published in respect of
29
Schedule 1 Australian Broadcasting Corporation
Part 1 Amendments
6
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
No. , 2017
that quarter, the publication of the later index number must be
1
disregarded for the purposes of this section.
2
(3) If (whether before or after the commencement of this section) the
3
Australian Statistician has changed or changes the index reference
4
period for the Consumer Price Index, then, for the purposes of the
5
application of this section after the change took place or takes
6
place, regard must only be had to the index number published in
7
terms of the new index reference period.
8
Australian Broadcasting Corporation Schedule 1
Application provisions Part 2
No. , 2017
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
7
Part 2--Application provisions
1
4 Application of amendments
--annual report
2
Section 80A of the Australian Broadcasting Corporation Act 1983 (as
3
amended by this Schedule) applies in relation to an annual report for a
4
period beginning after the commencement of this item.
5
Schedule 2 Special Broadcasting Service Corporation
Part 1 Amendments
8
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
No. , 2017
Schedule 2--Special Broadcasting Service
1
Corporation
2
Part 1--Amendments
3
Special Broadcasting Service Act 1991
4
1 Section 3
5
Insert:
6
indexation factor, for a reporting period, has the meaning given by
7
section 73B.
8
index number, in relation to a quarter, means the All Groups
9
Consumer Price Index number, being the weighted average of the 8
10
capital cities, published by the Australian Statistician in respect of
11
that quarter.
12
reporting period means the SBS's reporting period (within the
13
meaning of the Public Governance, Performance and
14
Accountability Act 2013).
15
2 Section 73 (heading)
16
Repeal the heading, substitute:
17
73 Matters to be included in annual report--general
18
3 After section 73
19
Insert:
20
73A Matters to be included in annual report--salaries of senior
21
employees etc.
22
(1) The annual report prepared by the Board and given to the Minister
23
under section 46 of the Public Governance, Performance and
24
Accountability Act 2013 for a period must include:
25
(a) if the total amount of salary and allowances paid by the SBS
26
during the period to an employee of the SBS was more than
27
Special Broadcasting Service Corporation Schedule 2
Amendments Part 1
No. , 2017
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
9
the applicable reporting threshold for the period--the
1
following information:
2
(i) the name of the employee;
3
(ii) that total amount;
4
(iii) the position or positions held by the employee during
5
the period; and
6
(b) if:
7
(i) an individual is or was a party to one or more on-air
8
talent contracts; and
9
(ii) the total amount paid by the SBS during the period to
10
the individual under those contracts was more than the
11
applicable reporting threshold for the period;
12
the following information:
13
(iii) the name of the individual;
14
(iv) that total amount;
15
(v) for each contract--the nature of the services performed
16
for the SBS by the individual during the period under
17
the contract.
18
(2) For the purposes of paragraph (1)(a), if the employment of an
19
employee is terminated, disregard any lump sum amounts paid in
20
respect of the employee's unused leave entitlements.
21
On-air talent contract
22
(3) For the purposes of paragraph (1)(b), an on-air talent contract is a
23
contract (other than a contract of employment) entered into
24
between the SBS and an individual under which the individual
25
performs services for the SBS, where those services consist of, or
26
include:
27
(a) appearing on a television program; or
28
(b) speaking or performing on a radio program.
29
Translation of amounts into Australian currency
30
(4) For the purposes of paragraphs (1)(a) and (b), an amount in a
31
foreign currency is to be translated into Australian currency.
32
(5) The amount of foreign currency is to be translated to Australian
33
currency at the exchange rate applicable at the time of payment.
34
Schedule 2 Special Broadcasting Service Corporation
Part 1 Amendments
10
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
No. , 2017
Applicable reporting threshold
1
(6) For the purposes of paragraphs (1)(a) and (b):
2
(a) the applicable reporting threshold for the first reporting
3
period beginning after the commencement of this subsection
4
is $200,000; and
5
(b) the applicable reporting threshold for a later reporting
6
period is the amount calculated using the formula in
7
subsection (7).
8
(7) The formula mentioned in paragraph (6)(b) is:
9
Previous applicable reporting threshold
Indexation factor
10
where:
11
indexation factor means the indexation factor for the reporting
12
period.
13
previous applicable reporting threshold means the applicable
14
reporting threshold for the previous reporting period.
15
73B Indexation factor
16
(1) For the purposes of this Act, the indexation factor for a reporting
17
period is the number calculated, to 3 decimal places (rounding up if
18
the fourth decimal place is 5 or more), using the formula:
19
Index number for the reference March quarter
Index number for the base March quarter
20
where:
21
base March quarter means the last March quarter before the
22
reference March quarter.
23
reference March quarter means the last March quarter before the
24
reporting period.
25
(2) Subject to subsection (3), if (whether before or after the
26
commencement of this section) the Australian Statistician has
27
published or publishes an index number in respect of a quarter in
28
substitution for an index number previously published in respect of
29
Special Broadcasting Service Corporation Schedule 2
Amendments Part 1
No. , 2017
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
11
that quarter, the publication of the later index number must be
1
disregarded for the purposes of this section.
2
(3) If (whether before or after the commencement of this section) the
3
Australian Statistician has changed or changes the index reference
4
period for the Consumer Price Index, then, for the purposes of the
5
application of this section after the change took place or takes
6
place, regard must only be had to the index number published in
7
terms of the new index reference period.
8
Schedule 2 Special Broadcasting Service Corporation
Part 2 Application provisions
12
National Broadcasters Legislation Amendment (Enhanced
Transparency) Bill 2017
No. , 2017
Part 2--Application provisions
1
4 Application of amendments
--annual report
2
Section 73A of the Special Broadcasting Service Act 1991 (as amended
3
by this Schedule) applies in relation to an annual report for a period
4
beginning after the commencement of this item.
5