Commonwealth Numbered Regulations - Explanatory Statements

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SPECIAL BROADCASTING SERVICE REGULATIONS 1995 NO. 11

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 11

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

Special Broadcasting Service Act 1991

Special Broadcasting Service Regulations

Section 76 of the Special Broadcasting Services Act 1991 (the SBS Act) provides that the Governor 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.

Subsection 67(1) of the SBS Act requires the Special Broadcasting Service (SBS) to obtain Ministerial approval to enter into contracts involving expenditure over $2,000,000, or a higher amount prescribed by regulations.

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

The. making of Regulations is an interim arrangement until such time as the SBS Act can be amended to fully remove requirements in section 67 for Ministerial approval of contracts.

In consideration of the SBS's future funding arrangements in the 1994-95 Budget context, the Government has decided to repeal section 67 of the SBS Act in order to improve accountability of the SBS Board for contractual arrangements.

The Communications Legislation Amendment Bill 1994 contains a Clause that would repeal section 67 of the SBS Act. The Bill was introduced in the 1994 Spring Sittings of Parliament.

The Regulations commenced upon gazettal.


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