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«COMMERCIAL RADIO INQUIRY Report of the Australian Broadcasting Authority Hearing into Radio 2UE Sydney Pty Limited February 2000 Sydney ISBN 0 642 ...»

-- [ Page 42 ] --

… some of the acts of charity by our clubs often involve no more than a gesture of good will but it makes all the difference … when Mona Vale Surf Life Saving Club had an out board motor stolen, another club stepped in to help them … Pittwater RSL donated a new engine and accessories … clubs make a difference.841 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 18 April 1997, Mr Laws said:

–  –  –

… clubs around Australia put about $700 million a year back into the community … there are lots of great stories … when Mona Vale Surf Lifesaving Club had an outboard motor stolen from one of the rubber duckies, it was another club that stepped in and helped … Pittwater RSL donated a new engine and accessories worth about $2,000.842 The Panels’ finding The Panel finds that this broadcast is a current affairs program. It purports to concern matters focussing on economic and social issues of relevance to the community.

The Panel notes the difficulty of ascertaining whether facts have been disclosed where only a summary of the statements broadcast exists. The summary does not indicate that the available fact of Mr Laws’ contractual agreement with the Registered Clubs Association of NSW was disclosed. The Panel notes however, that it has not been demonstrated by 2UE, the Registered Clubs Association of NSW or Mr Laws that disclosure of the agreement was made during this broadcast.

The Panel finds the available fact was relevant because:

♦ the broadcast was favourable to the Registered Clubs Association of NSW and focuses on issues of concern to the Association. Mr Laws states, ‘clubs make a difference’,843 and that ‘there are lots of great stories’.844 ♦ Mr Laws relied on the script provided by the Registered Clubs Association of NSW.

The Rehame summaries record the key phrases of the broadcast. The key phrases recorded in the Rehame summaries correlate to the phrases in the script provided to Mr Laws.

The Panel is of the view that it is unsafe to conclude that the summaries prove conclusively that the relevant available fact was withheld during the broadcast. The Panel does not have access to audio recordings or full transcripts of these broadcasts due to their age.

The Panel is unwilling to find 2UE in breach of clause 2.2(d) due to the lack of full transcripts on which to base the finding.

IT HAS A BIG EFFECT

Material Provided to Mr Laws A live read script entitled ‘It has a Big Effect’ was prepared for broadcast on 2UE. The text

read:

Don’t underestimate the affect this new tax increase on clubs will have.

It’ll go right to the very heart of our community, because that’s where Clubs do so much good!

Some people will have you believe the Clubs are basking in multi-million dollar profits.

–  –  –

How many people want to fund junior sports or the SES or even Camp Quality?

Local money funding local projects - that’s what the Clubs are all about. Some would say they are not essential projects … Tell that to a team of 10 year olds who lose the funding for their sport!

–  –  –

The Clubs had no warning about this tax increase; tough stuff for those building and other capital commitments.

It’s going to impact on jobs too … Thousands could go state-wide!

If you want to add your support, call the Club Hotline on 1800 221 811.845 Material Broadcast by Mr Laws A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 26 May 1997, Mr Laws said:

… more tax by the Government on clubs which are non-profit means there is less money to give to the community … important local products may well disappear forever … do not underestimate the effect the new tax increase will have on clubs … will go to the heart of the community … clubs push about $700 million a year into the community … where will that money come from now? … who will fund Camp Quality?846 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 10.11 am on 27 May 1997, Mr Laws said:

… do not underestimate the effect the new tax increase on clubs will have on clubs … will go the heart of the community … clubs push about $700 million a year into the community … where will that money come from now? … who will fund Camp Quality?847 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 10.43 am on 27 May 1997, Mr Laws said:

…do not underestimate the effect the new tax increase on clubs could have … go to the heart of the community … clubs push about $700 million a year back into community facilities … Camp Quality is one thing they fund … SES, junior sports clubs…848 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 28 May 1997, Mr Laws said:

–  –  –

… the NSW tax on clubs will go to the heart of out community … clubs push about $700 million back into the community … who are going to fund projects like Camp Quality for children with cancer now? …849 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,





indicates that on 30 May 1997, Mr Laws said:

…do not underestimate the effect the new tax will have … will go to the heart of the community … clubs give out about $700 million a year to the community … projects for kids and old people … people will not be able to get junior sports funding from this … what about Camp Quality?850 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 2 June 1997, Mr Laws said:

don’t underestimate the effect this new tax increase on clubs is going to have … it will go right to the heart of the community … the clubs push around $700 million a year back into the community … where’s that money going to come from now?851 The Panel’s Findings The Panel finds that this broadcast is a current affairs program. It purports to concern matters focussing on social, political and economic issues of relevance to the community.

The Panel notes the difficulty of ascertaining whether facts have been disclosed where only a summary of the statements broadcast exists. The summary does not indicate that the available fact of Mr Laws’ contractual agreement with the Registered Clubs Association of NSW was disclosed. The Panel notes however, that it has not been demonstrated by 2UE the Registered Clubs Association of NSW or Mr Laws that disclosure of the agreement was made during this broadcast.

The Panel finds the available fact was relevant because:

♦ the broadcast was favourable to the Registered Clubs Association of NSW and focuses on issues of concern to the Association. Mr Laws states ‘clubs push about $700 million a year into the community’;852 ♦ Mr Laws defended the position of the Registered Clubs Association of NSW against the tax, ‘don’t underestimate the effect this new tax increase on clubs is going to have … it will go right to the heart of the community’;853 and ♦ Mr Laws relied on the script provided to him by the Registered Clubs Association of NSW. The Rehame summaries record the key phrases of the broadcast. The key phrases recorded in the Rehame summaries correlate to the phrases in the scripts provided to Mr Laws.

The Panel is of the view that it is unsafe to conclude that the summaries prove conclusively that the relevant available fact was withheld during the broadcast. The Panel does not have access to audio recordings or full transcripts of these broadcasts due to their age.

RCA.0001.0047 RCA.0001.0047 RCA.0001.0025 RCA.0001.0047 RCA.0001.0025 The Panel is unwilling to find 2UE in breach of clause 2.2(d) due to the lack of full transcripts on which to base the finding.

WHO REALLY PAYS

Material Provided to Mr Laws A live read script entitled ‘Who Really Pays’ was prepared for broadcast on 2UE. The text

read:

An increase in tax is never real popular, so you can understand the Clubs’ anger at the massive slug by the State Government.

But before you look at the large clubs and assume they can afford it, you should take a good look at how clubs operate … they’re all non-profit, which means the money goes out as fast as it comes in …!

And one of the biggest winners is the community; $700 million a year goes into everything from sporting facilities and sponsorships, to camps for children with cancer. So more tax by the government means less money for the local community. And that means important local projects may disappear forever … !

–  –  –

It’s going to impact on jobs too … Thousands of jobs could be lost state-wide!

If you want to add your support, call the Club Hotline on 1800 221 811.’ The government says the extra money will go into hospitals … They also said the 3x3 Petrol Tax would last 3 years!854 Material Broadcast by Mr Laws A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 29 May 1997, Mr Laws said:

…an increase in taxes is never popular so you can understand the clubs being upset at the massive slug by the NSW Government …the clubs are all non-profit … million a year gone from the clubs into sporting facilities to sponsorships for camps855 The Panel’s Findings The Panel finds that this broadcast is a current affairs program. It purports to concern matters focussing on social, political and economic issues of relevance to the community.

The Panel notes the difficulty of ascertaining whether facts have been disclosed where only a summary of the statements broadcast exists. The summary does not indicate that the 2UE.0017.3219 RCA.0001.0047 available fact of Mr Laws’ contractual agreement with the Registered Clubs Association of NSW was disclosed. The Panel notes however, that it has not been demonstrated by 2UE the Registered Clubs Association of NSW or Mr Laws that disclosure of the agreement was made during this broadcast.

The Panel finds the available fact was relevant because:

♦ the broadcast focuses on issues of concern to the Registered Clubs Association of NSW.

♦ Mr Laws relied on the script provided to him by the Registered Clubs Association of NSW. The Rehame summaries record the key phrases of the broadcast. The key phrases recorded in the Rehame summaries closely correlate to the phrases in the scripts provided to Mr Laws.

The Panel is of the view that it is unsafe to conclude that the summaries prove conclusively that the relevant available fact was withheld during the broadcast. The Panel does not have access to audio recordings or full transcripts of these broadcasts due to the age of the broadcasts. The Panel notes however that it has not been demonstrated by 2UE, the Registered Clubs Association of NSW, or Mr Laws that disclosure of the agreement was made in the information immediately preceding and succeeding the broadcast of any of the alleged breaches.

The Panel is unwilling to find 2UE in breach of clause 4(2) of Schedule 2 to the Act due to the lack of full transcripts on which to base the finding.

KEEP THE MONEY LOCAL

Material Provided to Mr Laws A live read script entitled ‘Keep the Money Local’ was prepared for broadcast on 2UE. The

text read:

When 6 year old Jay Doyle needed radical eye surgery overseas, it was his local club which raised the $45,000 to help save the boy’s sight.

When Fairfield Hospital needed $56,000 for 2 new cardiac monitors, it was the local bowling club that came up with the funds.

When the State Government announced a one third increase on Club gaming, it put these and many other community projects at risk. Like it or not, this tax will take money away from the small, local projects: away from the communities who spent that money in their local clubs.

Let’s hope the Government is as good at assessing ‘worthwhile projects’ as the Clubs have always been…!

–  –  –

A new hospital in Sydney’s Western Suburbs may be a good project, but it’s a little hard to explain to communities in Dubbo or Parkes whose local clubs are forced to cut donations to equally important community projects.

If you want to add your support, call the Club Hotline on 1800 221 811.856 Material Broadcast by Mr Laws A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 28 May 1997, Mr Laws said:

… when a six year old boy needed eye surgery overseas $45,000 was required … the local club got the money … when Fairfield Hospital Needed $56,000 for two new cardiac monitors it was the local bowling club who got the money … when the NSW Government announced a one third increase on taxes on club gaming it put these projects at risk … take money from small local projects … hope the NSW Government is as good as assessing worthwhile projects as the clubs have always been…’857 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 30 May 1997, Mr Laws said:

… when the Fairfield Hospital needed $56,000 for new cardiac monitors it wasn’t the NSW Government that came to the rescue it was the local bowling club … when the NSW Government announced a one third increase on club gaming it put community contracts at risk … this tax will take money away from communities…858 The Panel’s Findings The Panel finds that this broadcast is a current affairs program. It purports to concern matters focussing on social and economic issues of relevance to the community.



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