Broadcasting Legislation Amendment (2021 Measures No. 1) Act 2021 (Cth)

Broadcasting Legislation Amendment (2021 Measures No. 1) Act 2021

No. 62, 2021

Compilation No. 1

Compilation date:   29 June 2022

Includes amendments up to:            Act No. 62, 2021

Registered:   13 July 2022

About this compilation

This compilation

This is a compilation of the Broadcasting Legislation Amendment (2021 Measures No. 1) Act 2021 that shows the text of the law as amended and in force on 29 June 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 3—Digital radio services  3

Radiocommunications Act 1992  3

Schedule 4—Population determinations  4

Broadcasting Services Act 1992  4

Schedule 5—Regional and Small Publishers Innovation Fund             5

Broadcasting Services Act 1992  5

Schedule 6—Community television  6

Part 1—Amendments  6

Broadcasting Services Act 1992  6

Radiocommunications Act 1992  6

Part 2—Repeals  9

Australian Communications and Media Authority (Community Television) Direction 2020       9

Endnotes10

Endnote 1—About the endnotes  10

Endnote 2—Abbreviation key  12

Endnote 3—Legislation history  13

Endnote 4—Amendment history  14

An Act to amend legislation relating to broadcasting, and for related purposes

1  Short title

This Act is the Broadcasting Legislation Amendment (2021 Measures No. 1) Act 2021.

2  Commencement

(1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	29 June 2021
3.  Schedule 2	A single day to be fixed by Proclamation. However, if the commencement of the provisions is not fixed by a Proclamation registered on the Federal Register of Legislation established under the Legislation Act 2003, within the period of 12 months beginning on the day this Act receives the Royal Assent, the provisions are repealed on the day after the end of that period.	Repealed on 29 June 2022
4.  Schedules 3 to 6	The day after this Act receives the Royal Assent.	30 June 2021

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 3—Digital radio services

Radiocommunications Act 1992

1  Subsection 44A(10)

Repeal the subsection.

Schedule 4—Population determinations

Broadcasting Services Act 1992

1  Subsection 43C(4)

Omit “previous determination”, substitute “most recent determination under which the person was not in breach of the condition”.

2  After subsection 43C(4)

Insert:

Sunset

(4A) Subsection (4) ceases to have effect at the end of 5 years after the commencement of Schedule 4 of the Broadcasting Legislation Amendment (2021 Measures No. 1) Act 2021.

3  Section 52

Before “If”, insert “(1)”.

4  Section 52

Omit all the words after “those”, substitute “provisions continue to apply to the person as if the most recent determination under which the person was not in breach of the provision remained in force”.

5  At the end of section 52

Add:

(2)  This section ceases to have effect at the end of 5 years after the commencement of Schedule 4 of the Broadcasting Legislation Amendment (2021 Measures No. 1) Act 2021.

6  Application provision

The amendments made by items 2 and 4 of this Schedule apply in relation to the most recent determination under which a person was not in breach, whether made before, on or after the commencement of this item.

Schedule 5—Regional and Small Publishers Innovation Fund

Broadcasting Services Act 1992

1  At the end of subsection 205ZH(1)

Add:

; or (f)  the financial year commencing on 1 July 2021.

Schedule 6—Community television

Part 1—Amendments

Broadcasting Services Act 1992

1  At the end of subsection 81(1)

Add:

Note: See also section 96B of the Radiocommunications Act 1992, which provides that CTV licences must not be granted to new holders after 30 June 2021.

2  At the end of subsection 92C(1)

Add:

Note: See also section 96B of the Radiocommunications Act 1992, which provides that licences for television services under this Part must not be granted to new holders after 30 June 2021.

Radiocommunications Act 1992

3  After section 96

Insert:

96A  Policy in relation to certain community broadcasting services and open narrowcasting television services

(1)  It is the intention of the Parliament that:

(a)  until 30 June 2024, access to the broadcasting services bands be available to provide the following services in a prescribed area:

(i)  community broadcasting services provided under a CTV licence;

(ii) community broadcasting services that provide television programs under a licence under Part 6A of the Broadcasting Services Act 1992;

(iii)  open narrowcasting television services provided for community or educational non‑profit purposes that are transmitted from one or more radiocommunications transmitters, the operation of which is authorised under an apparatus licence issued under section 100; but

(b)  on and after 30 June 2024, all such services should be delivered using online platforms.

(2)  The Minister may, by legislative instrument, prescribe an area for the purposes of paragraph (h) of the definition of prescribed area in subsection (3).

(3)  In this section:

broadcasting services bands has the same meaning as in the Broadcasting Services Act 1992.

CTV licence has the same meaning as in the Broadcasting Services Act 1992.

prescribed area means:

(a)  Adelaide; or

(b)  Melbourne; or

(c)  an area prescribed in an instrument under subsection (2).

96B  Licences of certain kinds must not be granted to new holders after 30 June 2021

(1)  This section applies to a person if, on 30 June 2021, the person did not hold one or more of the following licences:

(a)  a CTV licence;

(b) a licence under Part 6A of the Broadcasting Services Act 1992 to provide a community broadcasting service that provides television programs;

(c)  an apparatus licence issued under section 100 that:

(i)  authorises the operation of one or more radiocommunications transmitters; and

(ii)  includes a condition that the licence may only be used to provide a transmission in standard definition digital mode of an open narrowcasting television service for community and educational non‑profit purposes.

(2)  Despite anything else in this Act or the Broadcasting Services Act 1992, the person is not eligible to hold a licence of that kind after that day.

4  Subsection 103(2)

After “Subject to”, insert “subsection (2A) and”.

5  After subsection 103(2)

Insert:

(2A)  An apparatus licence issued under section 100 with the licence number 1171866 does not have effect after 30 June 2024.

6  Paragraph 103(4A)(c)

Repeal the paragraph, substitute:

(c)  if the related licence is a CTV licence within the meaning of the Broadcasting Services Act 1992—does not have effect after 30 June 2024.

7  Application of amendments

The amendments made by items 4 to 6 of this Schedule apply in relation to apparatus licences regardless of when the licences were issued.

Part 2—Repeals

Australian Communications and Media Authority (Community Television) Direction 2020

8  The whole of the instrument

Repeal the instrument.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Broadcasting Legislation Amendment (2021 Measures No. 1) Act 2021	62, 2021	29 June 2021	Sch 2: repealed on 29 June 2022 (s 2(1) item 3) Sch 3–6: 30 June 2021 (s 2(1) item 4) Remainder: 29 June 2021 (s 2(1) item 1)

Endnote 4—Amendment history

Provision affected	How affected
Schedule 2........................	rep 29 June 2022 (s 2(1) item 3)