Broadcasting Services Amendment (Community Television) Act 2024 (Cth)
Contents
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The Parliament of Australia enacts:
This Act is the
Broadcasting Services Amendment (Community Television) Act 2024 .
(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.
The whole of this Act | The day after this Act receives the Royal Assent. | 9 April 2024 |
Note: This table relates only to the provisions of this Act as originally enacted.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.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Before “A community”, insert “(1)”.
Add:
(2) However, if:
(a) the community broadcasting licence is a related licence for the purposes of subsection 102(1) of the
Radiocommunications Act 1992 ; and(b) each transmitter licence issued under that subsection in relation to the community broadcasting licence is cancelled by force of paragraph 103(4A)(c) of that Act;
the community broadcasting licence is cancelled at the same time by force of this subsection.
Insert:
Repeal the subsection, substitute:
(1) It is the intention of the Parliament that, until the day determined by the ACMA under subsection 96D(1), access to the broadcasting services bands be available to provide the following services in a prescribed area:
(a) community broadcasting services provided under a CTV licence;
(b) 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.
Insert:
(1) The ACMA may, by notifiable instrument, declare that the parts of the spectrum used as mentioned in subsection 96A(1) are to be made available for alternative uses.
Note: The alternative uses could include the following:
(a) transitioning of other technologies;
(b) consolidation of the spectrum to achieve a digital dividend;
(c) setting aside parts of the spectrum for future demand.
(2) In making the declaration, the ACMA must have regard to possible future demand for use of those parts of the spectrum.
(1) The ACMA may, by legislative instrument, determine a specified day for the purposes of subsection 96A(1).
(2) The instrument must not be made within the period of 6 months after the declaration made under section 96C is registered on the Federal Register of Legislation.
(3) The day specified in the instrument must be at least 6 months after the instrument is registered on the Federal Register of Legislation.
Note: For licences cancelled at the end of the specified day, see:
(a) subsection 89(2) of the
Broadcasting Services Act 1992 ; and(b) subsection 103(2A) and paragraph 103(4A)(c) of this Act.
Omit “does not have effect after 30 June 2024”, substitute “is cancelled, by force of this subsection, at the end of the day determined by the ACMA under subsection 96D(1)”.
Omit “does not have effect after 30 June 2024”, substitute “is cancelled, by force of this paragraph, at the end of the day determined by the ACMA under subsection 96D(1)”.
Repeal the subsection.
Insert:
(1A) For the purposes of a code of practice developed under this section, the licensee who holds the apparatus licence mentioned in subsection 103(2A) of the
Radiocommunications Act 1992 is taken to be:
(a) part of the section of the industry referred to in paragraph (1)(b); and
(b) not part of the section of the industry referred to in paragraph (1)(e).
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