Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN BROADCASTING CORPORATION REGULATIONS (AMENDMENT) 1995 NO. 10

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 10

Issued by the Authority of the Minister for Communications and the Arts

Australian Broadcasting Corporation Act 1983

Australian Broadcasting Corporation Regulations (Amendment)

Section 83 of the Australian Broadcasting Corporation Act 1983 (the ABC Act) provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed by regulations; or necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Act.

Paragraph 70(1)(a) of the ABC Act requires the Australian Broadcasting Corporation (ABC) to seek Ministerial approval for contracts above $500,000, or a higher amount prescribed in the regulations.

Before this amendment, regulation 2 of the Australian Broadcasting Corporation Regulations (Statutory Rule No. 112 of 1988), prescribed the amount of $2,000,000 for the purposes of paragraph 70(1)(a) of the ABC Act.

This amendment to the Regulations raised the threshold for approval of contracts from $2,000,000 to $20,000,000.

In consideration of the ABC's future funding arrangements in the 1994-95 Budget context, the Government decided to repeal section 70 of the ABC Act in order to improve accountability of the ABC Board for contractual arrangements. The amendment is an interim arrangement until such time as the ABC Act can be amended to fully remove requirements in section 70 for Ministerial approval of contracts.

The Communications Legislation Amendment Bill 1994. contains a Clause that would repeal section 70 of the ABC Act. The Bill was introduced in the 1994 Spring Sittings of Parliament.

The Regulations commenced on gazettal.


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