Broadcasting Services Amendment (Healthy Kids Advertising)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Transport & communications

What does this bill do?

The bill would ban unhealthy food ads on television, radio, subscription broadcasting and similar broadcast services from 6am to 9:30pm across Australia.

Why was it introduced?

Children are constantly exposed to high volumes of unhealthy food marketing, which increases their preference for these foods and contributes to excess weight gain and chronic disease risk. The bill bans unhealthy food marketing on broadcast services during the day and online at any time, and penalises both publishers and businesses that pay for it.

Broader context

National health guidance from 2018 and later preventive health, obesity and diabetes strategies had already pointed to government action on unhealthy food marketing, but children were still seeing large volumes of junk food advertising while one in four were overweight or obese. After a 2023 version of the proposal and a 2024 parliamentary diabetes report reinforced the case, the 2024 bill sought to ban unhealthy food advertising across daytime broadcasting and all paid online marketing, before lapsing at the March 2025 dissolution.

Key criticism

No significant public case against the bill is recorded so far, and no party represented in the debate is shown here arguing that restricting unhealthy food advertising would cause clear harm. The available speeches are supportive rather than critical, so any concerns about drafting, scope, business impact or enforcement are not developed into a substantial public objection in this record.

Who supported it?

Sophie Scamps MP introduced this bill. Speeches supporting it came from some crossbench members.

Introduced in House 18 Nov 2024
Failed in House 28 Mar 2025
Did not reach Senate
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

130 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. The bill would ban unhealthy food ads on television, radio, subscription broadcasting and similar broadcast services from 6am to 9:30pm across Australia.

  2. The bill would ban unhealthy food marketing online at any time, and it would also punish businesses and others who pay for those online ads.

  3. The bill would define unhealthy food by using national health guidance on foods and drinks not recommended for promotion to children, and it would let the Minister add more products later.

  4. The bill would treat sponsorships, branding and web addresses linked to unhealthy food as marketing, not just standard advertisements.

  5. The bill would allow courts to impose large penalties, including fines tied to turnover for big companies that break the unhealthy food marketing bans.

Show source excerpts
  1. This item adds new provisions to the existing Act creating an offence of broadcasting unhealthy food marketing content in the period beginning at 6:00am and ending at 9:30pm. This offence applies to TV, Radio, narrowcasting and subscription, and datacast broadcast media.
    Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
  2. This item amends the existing Act to create new offences prohibiting online service providers from providing unhealthy food marketing content that can be accessed by end‑users in Australia through an through an online service, as well as a matching offence of paying for, or offering to pay for, an act of providing such content. Hence, these offences apply to both online providers and also to the purchasers of the marketing in question.
    Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
  3. “Unhealthy food” would be defined as products within a food or drink category not recommended for promotion by National interim guide to reduce children’s exposure to unhealthy food and drink promotion published by the COAG Health Council in 2018. The Minister may also issue instruments defining additional foods as unhealthy for the purposes of this definition.
    Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
  4. The scope of the term “marketing” will include advertising, sponsorship or promotional content that gives publicity to, or otherwise promotes or is intended to promote, unhealthy food, a trade mark that relates to unhealthy food, a domain name or URL that relates to unhealthy food, or other branding devices that are closely associated with unhealthy food.
    Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
  5. If the offender is a body corporate – the maximum penalty is the larger of either 2,000 penalty units (currently $626,000), or 5% of the annual turnover of the corporation for the preceding 12-month period which “involves or is associated with the manufacture or sale of unhealthy food”.
    Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum

Broader context for this bill

National health guidance from 2018 and later preventive health, obesity and diabetes strategies had already pointed to government action on unhealthy food marketing, but children were still seeing large volumes of junk food advertising while one in four were overweight or obese. After a 2023 version of the proposal and a 2024 parliamentary diabetes report reinforced the case, the 2024 bill sought to ban unhealthy food advertising across daytime broadcasting and all paid online marketing, before lapsing at the March 2025 dissolution.

  1. 2018

    COAGThe government health body whose 2018 guide is used as the starting point for deciding which foods count as unhealthy here. guide sets a benchmark for foods not recommended to children

    The bill drew its definition of unhealthy food from the COAG Health CouncilThe government health body whose 2018 guide is used as the starting point for deciding which foods count as unhealthy here.'s 2018 interim guide on foods and drinks not recommended for promotion to children.

    Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum ↗
  2. 2021-2022

    National health strategies call for limits on junk food marketing

    The explanatory memorandum says the National Preventive Health Strategy 2021-2030A national plan that the page cites as already supporting government action on unhealthy food marketing., the National Diabetes Strategy 2021-2030A national plan cited here as backing steps to reduce children’s exposure to unhealthy food marketing. and the National Obesity Strategy 2022-2032A national plan cited here as supporting government action on unhealthy food advertising and promotion. all recommended government-led action to protect children from unhealthy food marketing.

    Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum ↗
  3. 19 June 2023

    Scamps introduces the first Healthy Kids Advertising bill

    The 2023 second reading speech argued Australian children were seeing at least 15 unhealthy food ads a day across television, radio, social media and other online services.

    Hansard ↗
  4. 2024

    Parliament's diabetes report adds another official warning

    The explanatory memorandum cites the 2024 Standing Committee on Health, Aged Care and SportThe House committee whose 2024 diabetes report is used in the page as another reason to act on unhealthy food marketing. report on diabetes as another source recommending action to shield children from unhealthy food marketing.

    Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum ↗
  5. 18 Nov 2024

    Scamps reintroduces the bill with broad broadcast and online bans

    The 2024 bill was introduced to stop unhealthy food marketing on television and radio from 6am to 9.30pm and on online services at any time, with penalties for both publishers and advertisers.

    Parliamentary timeline ↗
  6. 28 Mar 2025

    The bill lapses when Parliament is dissolved

    The proposal did not pass before the dissolution of Parliament, so the restrictions and penalty scheme were not enacted.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 18 Nov 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 18 Nov 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Lapsed at dissolution 28 Mar 2025

The bill reached this recorded parliamentary step.

The main case against this bill

No significant public case against the bill is recorded so far, and no party represented in the debate is shown here arguing that restricting unhealthy food advertising would cause clear harm. The available speeches are supportive rather than critical, so any concerns about drafting, scope, business impact or enforcement are not developed into a substantial public objection in this record.

No significant public case against the bill is recorded so far.

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Sophie Scamps

Independent • MP 18 Nov 2024

Sophie Scamps supports the bill and urges the House to back it, arguing that restricting junk food advertising is needed to protect children from an obesity and diabetes crisis.

Read in Hansard ↗
Lead non-major voice Supports

Monique Ryan

Independent • MP 19 June 2023

Ryan supports the bill and urges the House to pass it, arguing that junk food advertising is harmful to children and contributes to obesity and long-term health problems.

Read in Hansard ↗

All speeches by bloc

Minor parties and independents

2 speakers · 4 contributions · 2 support

Full record

Full chat