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Remaking the Broadcasting Services Exclusion Determination

Announcement date
13 September 2022

Link to announcement
https://www.legislation.gov.au/Details/F2022L01200
 

Proposal
The proposal seeks to remake the Broadcasting Services ("The Broadcasting Service" Definition - Exclusion) Determination 2019. This excludes live online streaming from the broadcast regulatory framework (e.g. online television simulcasts, online radio stations, and live streaming functions on social media platforms).

Assessed RIS outcome
Adequate

Assessment comments
The Office of Best Practice Regulation has assessed that the quality of the regulatory impact analysis is adequate and sufficient to inform a decision on the proposed exclusion. To be considered ‘good practice,’  the RIS would have benefitted from additional analysis setting out:
·the benefits to community from the Broadcasting Services Act 1992 and why those benefits should continue to apply to traditional broadcasters but not providers of internet services;
·a more detailed quantified cost analysis of the market conditions created by the Determination; and
·a more thorough examination of the implementation and evaluation section to articulate next steps in the broader reform.

OIA assessment of the Impact Analysis
Insufficient
Adequate
Good practice
Exemplary
Attachment File type Size
Regulation Impact Statement docx 102.88 KB
Regulation Impact Statement pdf 325.86 KB
OBPR Assessment docx 136.14 KB
OBPR Assessment pdf 89.86 KB
Certification Letter docx 87.02 KB
Certification Letter pdf 213.42 KB