Recommendations
Recommendation 1
The Committee recommends that the Australian Broadcasting
Authority (ABA) state in the introduction to its new Australian Content
Standard that Australian culture and New Zealand culture are different from
each other. They each have their own distinct characteristics and are not
interchangeable. The ABA must make it clear that if the new Australian Content
Standard gives special status to New Zealand productions the aim is solely to
make the Standard consistent with Australia’s obligations under the CER
Protocol.
Recommendation 2
The Committee recommends that, in the event of the ABA’s new
Australian Content Standard being implemented, its effects on the number of New
Zealand programs broadcast as part of various television quotas should be
closely monitored by the ABA, with a view to taking remedial action if the ABA
finds that object 3 (e) of the Broadcasting Services Act 1992 is no
longer being met. The ABA should report to the Minister after 2 years of
operation of any new Standard.
Recommendation 3
The Committee recommends that section 160(d) of the Broadcasting
Services Act 1992 be amended to require the ABA to perform its functions
having regard to Australia’s obligations under any convention of which the
Minister has notified the ABA in writing.
Recommendation 4
The Committee recommends that on the question of
New Zealand/third party co-productions, the government should negotiate with
the New Zealand government with a view to exchanging side letters to the CER
Services Protocol to clarify both countries’ understanding of the meaning and
application of the CER Services Protocol in relation to New Zealand/third party
co-productions. The side letter should make it clear that New Zealand/third
party co-productions would not be eligible for the purposes of the Australian
Content Standard quotas.
Recommendation 5
The Committee recommends that, in accordance with the Canadian
precedent, an exclusion clause for cultural industries should be inserted in
all future trade agreements with other countries
Recommendation 6
The Committee recommends that the Department of Foreign Affairs
and Trade examine the government’s obligations under other treaties to which
Australia is a party to, with a view to the government beginning negotiations
to remove any possible applications to cultural industries.
Recommendation 7
The Committee recommends that the
government approach the New Zealand government to seek an amendment to the
Closer Economic Relations (CER) Protocol which would insert a “cultural
industries clause” to exempt services relating to cultural industries from the
Protocol.
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