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senate vote 2018-03-27#2
Edited by
mackay staff
on
2023-07-14 09:21:41
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Title
Bills — Communications Legislation Amendment (Online Content Services and Other Measures) Bill 2017; in Committee- Communications Legislation Amendment (Online Content Services and Other Measures) Bill 2017 - in Committee - Exemptions and cut-offs
Description
<p class="speaker">Deborah O'Neill</p><p>Minister, last night, just as we were coming to the end of this committee stage, I asked you a series of questions around Lottoland, including whether you could explain when you expected the ban to come into effect and the corresponding advertising ban to become effective. Last night, you gave us the indication that you had an opinion about this, but you didn't indicate any legislation or a timetable with regard to legislation. I have to wonder: who's got more information about what's going on, the Senate or <i>The Australian</i> newspaper? Would you be able to give us some indications? Does the government actually have a plan to bring a ban into effect, and what will the advertising ban with regard to Lottoland be?</p> <p class="speaker">Mitch Fifield</p><p>I do admit to being slightly Delphic last night, but that was on account of never wanting to presume the determinations of our party room. We had a party room meeting this morning. As I indicated last night, the Senate had offered an opinion as to what should happen in this matter, and I said the government would be cognisant of that. The government has been cognisant of that, so I can advise colleagues that the Turnbull government will introduce legislation tomorrow into the House of Representatives to ban betting on lotteries and keno games.</p><p>The government has formed the view that permitting betting on these services, also known as synthetic lotteries, does undermine the longstanding community acceptance of official lottery and keno products. These products enjoy community support, as they generate an income stream for small retail businesses and make a significant contribution, through licence fees and taxation, to the provision of public services and infrastructure by state and territory governments. Traditional lotteries and keno games are popular and longstanding recreational gambling products that form an important income stream for thousands of small businesses across Australia, including newsagents, pharmacies, pubs and community clubs. They also generate significant taxation revenue for territory and state governments, helping to fund schools, hospitals, public transport and roads.</p><p>Online services offering products that involve betting on lottery outcomes are relatively new and have generated considerable community concern. Since these concerns were first raised last year, the government has listened carefully to a range of groups that have views on the undesirability of permitting betting on these products.</p><p>Many Australians enjoy lotteries and keno as a recreational activity, and the government is committed to ensuring that gambling takes place under a robust legislative framework with strong consumer protections and within the boundaries of community standards. The legislation will commence operation six months after its passage through the parliament to ensure that those businesses currently offering online betting on lotteries and keno have an appropriate transition period within which to cease their activity.</p><p>I might just cast back a little bit. A number of colleagues in this place last year—Liberal colleagues, Nationals colleagues and Pauline Hanson's One Nation, who have been very active in this area—raised the issue of the synthetic lotteries and the fact that they were causing considerable concern at that stage, particularly to newsagents. As a result, I wrote to the Northern Territory gaming minister to raise these concerns, as Lottoland is registered in the Northern Territory. Subsequent to that, it was announced by the Northern Territory that betting on lotteries in Australia would not be permitted under that licence. But there was, however, still the capacity for bets to be placed on the outcomes of overseas lotteries, and also there was the emergence of betting on the outcome of keno. This is something that was of concern to pubs and clubs, and representative bodies such as the Australian Hotels Association, so that's something that we looked at very seriously. As I say, it's something that numbers of colleagues, including Senator Hanson, raised with the government. We have taken a look at it, and, as I indicated, it is the decision of the government to introduce legislation tomorrow into the House of Representatives to ban betting on lotteries and keno games.</p> <p class="speaker">Deborah O'Neill</p><p>Thank you for that response. It is a little clearer than the oracle last night! Could I just get you to step through that time line quite clearly for us—the legislation in tomorrow, and six months after it becomes law, you indicate, the ban is going to come into effect. Perhaps I missed it, but I'm just wondering what your advertising ban time line is with regard to that. When does that become effective?</p> <p class="speaker">Mitch Fifield</p><p>The advertising ban we will have on gambling comes into effect at the end of the month, and that applies to synthetic lotteries, as it does to other gambling products during live sport—obviously, that will come into effect and it will apply to the synthetic lotteries. Six months from the passage of this legislation, which will ban betting on lotteries and keno games, they will no longer occur.</p> <p class="speaker">Sarah Hanson-Young</p><p>I would like to move two lots of Greens amendments on sheet 8367. Senator Hinch last night requested that they be moved separately, and I'm happy to do that. I will be moving amendments (1) to (6) and then moving amendments (9) and (16).</p><p>These amendments relate to issues I've spoken about—as did Senator Whish-Wilson in his speech, and as was in much of the debate last night—in relation to the exemption given in this current legislation that still allows Foxtel subscription services to show gambling ads on their channels, based on audience numbers. We find this ridiculous. If we agree that gambling ads should not be shown during live sporting events, they shouldn't, full stop. That's it. It should be the end of the story. There should be no exemptions just because some of those shows or some of those events are shown on a pay TV subscription channel.</p><p>The other part of the amendments deals with the issue of the cut-off time. This legislation provides for gambling ads not to be shown for five minutes before and after play starts. We believe that that is not sufficient to ensure that we protect children and minimise the harm done by these insidious gambling adverts which push gambling down the throats of children, the desire of the disgusting gambling barons being to breed an entirely new generation of gambling addicts. That's what these companies want to do. They want to rip money out of the pockets of families, rip money off the community, for their own profits—making profits from people's misery. They don't give two hoots about whether it's done to children or adults, but they like children because they like having the influence that can create a lifetime of gambling addiction. That's the business model of these big gambling corporations—people who make profits out of other people's gambling addiction, which, of course, we know is an illness and a sickness. They like to get the kids, because they think they have victims for life. That's how these disgusting corporations and companies think.</p><p>So, in order to deal with that, we think that at the very least gambling ads should not be played within the period 30 minutes before the start of the actual match. That captures the pre-match programming, whether it's entertainment or commentary, as the kids are gathering around the television and families are getting together in the lounge room or wherever it is they're watching and getting ready for the game to start. Children should be protected from these gambling ads once and for all. Of course, I've said over and over again that the Greens would prefer there to be no gambling ads on television. We think there is no need for it. We think it is a revolting industry; it is a parasite sucking on people who are vulnerable. People could be much better protected if this legislation actually banned gambling advertising outright, but it doesn't. So what we're trying to do is strengthen what is a pretty weak piece of legislation and ensure there aren't loopholes to play with the time zones and loopholes in relation to audience numbers on channels. I will take advice from the chair as to how we vote on those amendments separately, but that is what I would like to move.</p><p>The CHAIR: Senator Hanson-Young, the suggestion from the chair is that you seek leave to move all the amendments together and then we separate them out as you've requested. I just want to confirm that you are seeking to particularly separate (9) and (16). So, if we're putting two questions, the first question will be on amendments (1) to (8) and (10) to (15).</p><p>That's correct.</p><p>The CHAIR: You have leave to move them all together and we will separate them as described.</p><p>by leave—I move Greens amendments (1) to (16) on sheet 8367 together:</p><p class="italic">(1) Schedule 1, item 7, page 4 (line 16), at the end of subsection 4(3AB), add:</p><p class="italic">and; (e) does not take into account the number of end-users of online content services.</p><p class="italic">(2) Schedule 1, item 7, page 4 (after line 16), after subsection 4(3AB), insert:</p><p class="italic">(3AC) Despite subsection (1), the Parliament also intends that gambling promotional content provided in conjunction with live coverage of sporting events on broadcasting services, datacasting services, internet services or online content services be regulated in a manner that is consistent across the range of those services.</p><p class="italic">(3) Schedule 1, item 8, page 4 (before line 19), before the definition of <i>gambling promotional content</i>, insert:</p><p class="italic"><i>coverage</i> has the same meaning as in Schedule 8.</p><p class="italic">(4) Schedule 1, item 8, page 4 (before line 21), before the definition of <i>online content service</i>, insert:</p><p class="italic"><i>in conjunction with</i>, when used in relation tolive coverage of a sporting event, has the same meaning as in Schedule 8.</p><p class="italic"><i>live</i>, in relation to coverage of a sporting event, has the same meaning as in Schedule 8.</p><p class="italic">(5) Schedule 1, item 8, page 4 (after line 23), after the definition of <i>online content service provider</i>, insert:</p><p class="italic"><i>sporting event</i> has the same meaning as in Schedule 8.</p><p class="italic">(6) Schedule 1, page 5 (after line 7), after item 12, insert:</p><p class="italic">12A After subsection 123(4)</p><p class="italic">Insert:</p><p class="italic">(4A) Despite subsection (4), if:</p><p class="italic">(a) a group representing a particular section of the broadcasting industry develops a code of practice to be observed in the conduct of the broadcasting operations of that section of the industry; and</p><p class="italic">(b) the code covers the provision of gambling promotional content by that section of the industry;</p><p class="italic">the ACMA must not include the code in the Register of codes of practice unless the ACMA is satisfied that the code is consistent with the objects of this Act and the regulatory policy set out in section 4.</p><p class="italic">(4B) If:</p><p class="italic">(a) a group representing a particular section of the broadcasting industry amends a code of practice to be observed in the conduct of the broadcasting operations of that section of the industry; and</p><p class="italic">(b) the amendments relate to the provision of gambling promotional content by that section of the industry; and</p><p class="italic">(c) the ACMA is not satisfied that the amendments are consistent with the objects of this Act and the regulatory policy set out in section 4;</p><p class="italic">the ACMA may remove the code from the Register of codes of practice.</p><p class="italic">(7) Schedule 1, item 13, page 5 (after line 21), after subsection 125A(3), insert:</p><p class="italic">(3A) Despite anything in section 44 of the <i>Legislation Act 2003, </i>section 42 of that Act (disallowance of legislative instruments) applies to a direction under subsection (1) of this section.</p><p class="italic">(8) Schedule 1, item 13, page 8 (line 21), omit "5 minutes", substitute "30 minutes".</p><p class="italic">(9) Schedule 1, item 13, page 8 (line 23), omit "5 minutes", substitute "30 minutes".</p><p class="italic">(10) Schedule 1, item 13, page 9 (after line 3), after subsection 125A(14), insert:</p><p class="italic"> <i>Audience share not relevant</i></p><p class="italic">(14A) A gambling promotion program standard must not make provision for or in relation to a matter by reference to the size of the audience of a broadcast.</p><p class="italic">(11) Schedule 1, item 22, page 23 (after line 5), after subclause 13(4), insert:</p><p class="italic"> <i>Number of end</i> <i>-users not relevant</i></p><p class="italic">(4A) The online content service provider rules must not make provision for or in relation to a matter by reference to the number of end-users of an online content service provider.</p><p class="italic">(12) Schedule 1, item 22, page 24 (lines 12 and 13), omit paragraph 15(5) (a).</p><p class="italic">(13) Schedule 1, item 22, page 24 (lines 25 and 26), omit paragraph 15(6) (a).</p><p class="italic">(14) Schedule 1, item 22, page 25 (lines 1 to 18), omit subclauses 15(7) to (10).</p><p class="italic">(15) Schedule 1, item 22, page 29 (line 3), omit "5 minutes", substitute "30 minutes".</p><p class="italic">(16) Schedule 1, item 22, page 29 (line 5), omit "5 minutes", substitute "30 minutes".</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
- The majority voted against [amendments (1) to (8) and (10) to (15)](https://www.openaustralia.org.au/senate/?gid=2018-03-27.10.1), which were introduced by SA Senator [Sarah Hanson-Young](https://theyvoteforyou.org.au/people/senate/sa/sarah_hanson-young) (Greens).
- ### What do the amendments do?
- Senator Hanson-Young [explained that](https://www.openaustralia.org.au/senate/?gid=2018-03-27.10.1):
- > *These amendments relate to issues I've spoken about—as did Senator Whish-Wilson in his speech, and as was in much of the debate last night—in relation to the exemption given in this current legislation that still allows Foxtel subscription services to show gambling ads on their channels, based on audience numbers. We find this ridiculous. If we agree that gambling ads should not be shown during live sporting events, they shouldn't, full stop. That's it. It should be the end of the story. There should be no exemptions just because some of those shows or some of those events are shown on a pay TV subscription channel.*
- >
- > *The other part of the amendments deals with the issue of the cut-off time. This legislation provides for gambling ads not to be shown for five minutes before and after play starts. We believe that that is not sufficient to ensure that we protect children and minimise the harm done by these insidious gambling adverts ...*
- >
- > *So, in order to deal with that, we think that at the very least gambling ads should not be played within the period 30 minutes before the start of the actual match. That captures the pre-match programming, whether it's entertainment or commentary, as the kids are gathering around the television and families are getting together in the lounge room or wherever it is they're watching and getting ready for the game to start. Children should be protected from these gambling ads once and for all.*
- ### Amendment text
- > *(1) Schedule 1, item 7, page 4 (line 16), at the end of subsection 4(3AB), add:*
- >
- >> *and; (e) does not take into account the number of end-users of online content services.*
- >
- > *(2) Schedule 1, item 7, page 4 (after line 16), after subsection 4(3AB), insert:*
- >
- >> *(3AC) Despite subsection (1), the Parliament also intends that gambling promotional content provided in conjunction with live coverage of sporting events on broadcasting services, datacasting services, internet services or online content services be regulated in a manner that is consistent across the range of those services.*
- >
- > *(3) Schedule 1, item 8, page 4 (before line 19), before the definition of gambling promotional content, insert:*
- >
- >> *coverage has the same meaning as in Schedule 8.*
- >
- > *(4) Schedule 1, item 8, page 4 (before line 21), before the definition of online content service, insert:*
- >
- >> *in conjunction with, when used in relation to live coverage of a sporting event, has the same meaning as in Schedule 8.*
- >>
- >> *live, in relation to coverage of a sporting event, has the same meaning as in Schedule 8.*
- >
- > *(5) Schedule 1, item 8, page 4 (after line 23), after the definition of online content service provider, insert:*
- >
- >> *sporting event has the same meaning as in Schedule 8.*
- >
- > *(6) Schedule 1, page 5 (after line 7), after item 12, insert:*
- >
- >> *12A After subsection 123(4)*
- >>
- >> *Insert:*
- >>
- >> *(4A) Despite subsection (4), if:*
- >>
- >>> *(a) a group representing a particular section of the broadcasting industry develops a code of practice to be observed in the conduct of the broadcasting operations of that section of the industry; and*
- >>>
- >>> *(b) the code covers the provision of gambling promotional content by that section of the industry;*
- >>>
- >>> *the ACMA must not include the code in the Register of codes of practice unless the ACMA is satisfied that the code is consistent with the objects of this Act and the regulatory policy set out in section 4.*
- >>
- >> *(4B) If:*
- >>
- >>> *(a) a group representing a particular section of the broadcasting industry amends a code of practice to be observed in the conduct of the broadcasting operations of that section of the industry; and*
- >>>
- >>> *(b) the amendments relate to the provision of gambling promotional content by that section of the industry; and*
- >>>
- >>> *(c) the ACMA is not satisfied that the amendments are consistent with the objects of this Act and the regulatory policy set out in section 4;*
- >>>
- >>> *the ACMA may remove the code from the Register of codes of practice.*
- >
- > *(7) Schedule 1, item 13, page 5 (after line 21), after subsection 125A(3), insert:*
- >
- >> *(3A) Despite anything in section 44 of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a direction under subsection (1) of this section.*
- >
- > *(8) Schedule 1, item 13, page 8 (line 21), omit "5 minutes", substitute "30 minutes".*
- >
- > *...*
- >
- > *(10) Schedule 1, item 13, page 9 (after line 3), after subsection 125A(14), insert:*
- >
- >> *Audience share not relevant*
- >>
- >> *(14A) A gambling promotion program standard must not make provision for or in relation to a matter by reference to the size of the audience of a broadcast.*
- >
- > *(11) Schedule 1, item 22, page 23 (after line 5), after subclause 13(4), insert:*
- >
- >> *Number of end -users not relevant*
- >>
- >> *(4A) The online content service provider rules must not make provision for or in relation to a matter by reference to the number of end-users of an online content service provider.*
- >
- > *(12) Schedule 1, item 22, page 24 (lines 12 and 13), omit paragraph 15(5)(a).*
- >
- > *(13) Schedule 1, item 22, page 24 (lines 25 and 26), omit paragraph 15(6)(a).*
- >
- > *(14) Schedule 1, item 22, page 25 (lines 1 to 18), omit subclauses 15(7) to (10).*
- >
- > *(15) Schedule 1, item 22, page 29 (line 3), omit "5 minutes", substitute "30 minutes".*
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