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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 70 ] --

For the following reasons the Panel finds that this advertisement has been presented as an ‘other program’, in this case a current affairs program:

♦ it has the characteristics and content of a current affairs program; and ♦ it appers to be concerned with matters relating to social, economic and political issues of relevance to the community, namely the work in the community being done by truck drivers and the poor condition of Australia’s roads.

The Panel finds that 2UE breached clause 3.1(a) of the Codes.

PUBLIC MEETINGS

Material Provided to Mr Laws A live read script dated 5 August 1998 and entitled ‘Public Meetings’ was prepared for

broadcast on 2UE. The text read:

Safer roads, cheaper groceries, improved exports, and more jobs: these are just some of the things we can have if we get our roads back in shape and keep Today’s Truckies on the move!

More money needs to be spent on our roads … Money that we’re already paying in fuel and road taxes … The Government’s not spending it on our roads and that’s slowing this great country down!

The trucking industry is already paying their way - in fact they’re doing more than that … Today’s Truckies are being taxed 2 1/2 times more than other industries! That’s why they’re leading the charge with the Tar & Taxes Tour! My mates at the Road Transport Forum are giving you the chance to have your say at public meetings right across Australia!

These public meetings will be held during August, starting this Saturday in Shepparton, and on Sunday in Ballarat and Mt Gambier … In fact, The Road Transport Forum will be in Adelaide, Darwin, Cairns, Townsville, Brisbane, Toowoomba and Bundaberg in the next week or so. To get the exact dates and locations, you should call the Road Transport Forum on 02 6247 5832.

More Tar, less Taxes. We need it alright! Call 02 6247 5832.1145 Material Broadcast by Mr Laws

On 6 August 1998 Mr Laws broadcast the following:

Safer roads, cheaper groceries, improved exports, more jobs, these are just some of the things we can have if we get our roads back in shape and keep Today’s Truckies on the move. We need to do it. More money needs to be spent on our roads, money that we’re already paying in fuel and road taxes, incidentally. The Government’s not spending it on our roads and that’s slowing the country down and it shouldn’t slow the country down but it is.

The trucking industry is already paying their way, that shouldn’t be forgotten. In fact, they’re doing more than that, you think about it. Today’s Truckies are being taxed two-and-a-half times more than other industries. Is that fair? What’s that doing for the cost of the bit of paper I’m holding, or the pen that I have in my right hand. Today’s Truckies are being taxed two and a half times more than other industries that’s why they’re leading the charge with the tar and tax tour. Now, my mates at the Road Transport Forum are giving you a chance to have your say at public meetings right across Australia.

These public meetings - because this is the way the Government’s going to find out, this is the way you’ve got to tell the incumbent Government, you’ve got to - I tell you what that National Party will listen to you because they are desperate. And the Liberal Party will listen to you because they too, in country areas, are desperate.

Now, these public meetings are going to be held during August, starting this Saturday in Shepparton, Sunday in Ballarat and Mount Gambier. In fact, the Road Transport Forum will be in Adelaide, Darwin, Cairns, Townsville, Brisbane, Toowoomba, Bundaberg, over the next week or so.

And I’ll give you a telephone number that you should dial. This is the Tar and Taxes Tour that is being conducted by the Road Transport Forum, and what they are doing is very, very good and you must support them for your sake. Do you want to continue to pay two-and-a-half times more tax than other industries? Of course you don’t, so make your presence felt.

I’ll give you a telephone number: 02 6247 5832. 02 6247 5832. More tar, less tax. That’s the way it should be. 02 6247 5832.1146 The Panel’s Finding

For the following reasons the Panel finds that the matter broadcast is an advertisement:

♦ it is calculated or designed to promote the road transport industry and the organisation that represents it, the RTF, by being mainly concerned with the taxes that truck drivers have to pay and the part played by trucks and truck drivers in Australian society and by making positive comments about trucks and truck drivers and the contribution they make to society; and ♦ valuable consideration was provided to Mr Laws by the RTF.

–  –  –

For the following reasons the Panel finds that this advertisement has been presented as an ‘other program’, in this case a current affairs program:





♦ it has the characteristics and content of a current affairs program; and ♦ it appears to be concerned with matters relating to social, economic and political issues of relevance to the community, namely the work in the community being done by truck drivers and the amount of taxes they have to pay.

The Panel finds that 2UE breached clause 3.1(a) of the Codes.

TAR AND TAXES TOUR

Material Provided to Mr Laws A live read script dated 10 August 1998 and entitled ‘Tar and Taxes Tour’ was prepared for broadcast on 2UE. The script indicated that it was to be broadcast on 11 August 1998. The

text read:

With the Federal Government’s long awaited tax package about to be unveiled, it’ll be interesting to see just who gets a fair go … One group that certainly deserves a fair go is Today’s Truckies! They’ve been getting a raw deal for far too long! We need these guys … Today’s Truckies are hauling all the products we use every day - and they’re hauling them on roads that need work … lots of work.

Did you realise that over half the price of diesel is tax? True. Around 40 cents per litre is tax, yet only about 3 cents goes back into our roads!

My mates at the Road Transport Forum are on the road right now calling for More Tar and Less Tax. They’re holding public meetings right across Australia. Tonight they’re in Darwin and then they’re coming down here to Queensland. Tomorrow they’ll be in Cairns and Townsville, in Brisbane on Thursday, Toowoomba on Friday, Bundaberg Saturday and on Sunday there’ll be a public meeting in Rockhampton. These are important meetings for Truckies, for farmers for all of us … Ring the Toad Transport Forum for more details 02 6247 5832. 02 6247 5832.1147 Material Broadcast by Mr Laws

On 12 August 1999 Mr Laws broadcast the following:

With the Federal Government’s long awaited tax package about to be unveiled, it’s going to be very interesting to see just who does get a fair go. One group that deserve a fair go – well, there’s a few groups that do, but one in particular – today’s truckies. Now, they’ve been getting a very raw deal. I don’t know if you are aware of it. They’ve been getting a raw deal for a very long time.

I mean, we need the truckies. They’re hauling all the products that we use every day. All the stuff that you’ll pay a GST upon is going to be dragged there by a truckie. And they’re hauling them all over roads that need a lot of work being done on them, lots of work being done on them.

–  –  –

Do you realise that over half the price of diesel is tax? Did you know that? For the truckies, did you ever consider that? Yeah! About 40 cents per litre is tax. More than half the price of the diesel fuel is tax, and yet only about three cents of that 40 cents goes back into the roads. Is that reasonable? I don’t think it is.

My mates at the Road Transport Forum don’t think it is either, and they’re now calling for ‘More tar and less tax’. They’re holding public meetings right across Australia. They’re in Cairns at 10.30 today, and Townsville tonight. Thursday they’ll be in Brizzie; Toowoomba on Friday; Bundaberg, Saturday; and on Sunday there’s going to be a public meeting at Rockhampton.

But if you’d like to make inquiries about this – and all you fellows driving trucks out there, you should be aware of this, because it’s very, very important to you. ‘More tar, less tax’. Forty cents per litre, more than half of what you pay per litre for your diesel goes in tax, and yet only about three cents goes back onto the roads again. So it’s very important that you know about this, especially tax time. And it’s very important that you are informed so you can discuss it.

I’ll give you a telephone number that you can dial: 026 247 5832, 026 247 5832. Just ring that number and make inquiries because you should be supporting it. I mean, after all, fellows, it is your business, and it is pretty important, not just to you but to all of us.1148 The Panel’s Finding

For the following reasons the Panel finds that the matter broadcast is an advertisement:

♦ it is calculated or designed to promote the road transport industry and the organisation that represents it, the RTF, by being mainly concerned with the taxes that truck drivers have to pay and the part played by trucks and truck drivers in Australian society, and by making comments about trucks and truck drivers and the contribution they make to society that are all positive; and ♦ valuable consideration was provided to Mr Laws by the RTF.

For the following reasons the Panel finds that this advertisement has been presented as an ‘other program’, in this case a current affairs program:

♦ it has the characteristics and content of a current affairs program; and ♦ it appers to be concerned with matters relating to social, economic and political issues of relevance to the community, namely the work in the community being done by truck drivers and the amount of taxes they have to pay.

The Panel finds that 2UE breached clause 3.1(a) of the Codes.

–  –  –

RAMS Home Loans Pty Limited

INTEREST RATE CUT

Material Provided to Mr Laws The following live read script, dated 1 August 1997 and entitled ‘Interest rate cut’, was

provided to Mr Laws by RAMS:

The banks are good aren’t they?

They’re very quick to trumpet the fact that there are now very low home loan interest rates out there. The lowest for what, 30 years or more?

We’ve just had the fifth official interest rate cut in 12 months. Half a percent. Happened last week.

–  –  –

Well, some of them didn’t pass on the full half a percent.

And some of them have the cheek to apply the cut to their no-frills, very basic home loans, or home loans that lock you in for years.

The Commonwealth dropped its standard variable rate by only 0.4 percent, and they dropped their ‘Economiser’ loan by an even smaller amount.

They didn’t pass on the full amount.

Now, this is the bank that used to be the people’s bank…it’s now, of course, privatised – owned by shareholders. The Commonwealth Bank made a great song and dance a few months back when it cut its rates ahead of everyone else.

But now it seems like – with a snip here and a clip there – it wants to gather back all those profits. It’s companies like RAMS Home Loans who have been consistent in all this.

There was a feature in the Sydney Morning Herald last week and they described the RAMS Better Home Loan,…compared it with what the banks were offering,…they described it as … ‘One of the better loans with extra features.’ And RAMS, as you are no doubt aware,… and as Peter Costello made mention of the other day on television,… RAMS passed on the full half percent cut.

Straight away. Made the announcement the day the official rate cut was announced by the Reserve Bank.

Now, unless you want to be tied up and locked into a home loan with a bank and take your chances on how much and how quickly they’ll move, and what monthly fees you might have to pay, you’re really better off calling RAMS to compare.

On top of everything else, RAMS charges no monthly fees. None. And that’s one thing they’ve always said: RAMS are happy for you to call the banks and compare their terms.

So if you’re looking at the market now and want to get yourself a better home, my advice is to get a better home loan too. Give RAMS a call.1149 Material Broadcast by Mr Laws RAMS Marketing and Advertising Report – Media Advertising Activity indicates that on 1 August 1997 Mr Laws broadcast the live-read script entitled ‘Interest Rate Cut’1150.

Mr Laws’ Submission to the Hearing

Mr Laws made the following submissions regarding the RAMS live-reads:

It is submitted that each advertisement, when considered as a whole, was plainly advertising.

The distinction with other programs was not blurred. Listeners know very early in such livereads that they are advertisements.

Further, there is no temporal requirement at law, or in the Code, as to identification as an advertisement. It is submitted that the public interest is satisfied as long as it is, as a whole, identified as an advertisement.

2UE’s Submission to the Hearing In addition to 2UE’s general submission, 2UE also made the following submissions regarding the RAMS’ live-reads.



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