Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 .
(1) The following provisions commence on the day on which this Act receives the Royal Assent:
(a) sections 1, 2 and 3;
(b) items 75, 137, 137A, 142 and 143 of Schedule 1.
(1A) Subject to subsection (1B), items 134A to 134D (inclusive), 136A, 136B, 136D to 136J (inclusive), 139A, 139D and 139E of Schedule 1 commence on a day to be fixed by Proclamation.
(1B) If items 134A to 134D (inclusive), 136A, 136B, 136D to 136J (inclusive), 139A, 139D and 139E of Schedule 1 do not commence under subsection (1A) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.
(3) If the remaining provisions of this Act do not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period.
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1 — Amendment of the Broadcasting Services Act 1992
After “
broadcasting services ”, insert “, datacasting services ”.
Insert:
(aa) to promote the availability to audiences and users throughout Australia of a diverse range of datacasting services; and
Insert:
(ba) to provide a regulatory environment that will facilitate the development of a datacasting industry in Australia that is efficient, competitive and responsive to audience and user needs; and
Insert:
(fa) to promote the provision of high quality and innovative content by providers of datacasting services; and
Add:
; and (n) to ensure the maintenance and, where possible, the development of diversity, including public, community and indigenous broadcasting, in the Australian broadcasting system in the transition to digital broadcasting.
After “broadcasting services” (wherever occurring), insert “, datacasting services”.
After “broadcasting services” (wherever occurring), insert “and datacasting services”.
After “broadcasting technologies”, insert “and datacasting technologies,”.
After “broadcasting industry”, insert “, the datacasting industry”.
7
Subsection 6(1) (at the end of the definition of associate ) Add:
Note:
Licence is given an extended meaning by this subsection.8
Subsection 6(1) (definition of commercial radio broadcasting licence ) After “a licence”, insert “under Part 4”.
9
Subsection 6(1) (definition of commercial television broadcasting licence ) After “a licence”, insert “under Part 4”.
10
Subsection 6(1) (definition of community broadcasting licence ) After “a licence”, insert “under Part 6 or 6A”.
Insert:
datacasting licence means a licence under Schedule 6 to provide a datacasting service.
Insert:
datacasting service means a service that delivers content:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms;
to persons having equipment appropriate for receiving that content, where the delivery of the service uses the broadcasting services bands.
Insert:
datacasting transmitter licence has the same meaning as in theRadiocommunications Act 1992 , and includes an authorisation under section 114 of that Act by the licensee of such a licence.
Repeal the definition, substitute:
licence means:
(a) in the definition of
associate , section 7, Part 5 and Schedule 1:
(i) a licence allocated by the ABA under this Act (other than a class licence); or
(ii) a datacasting transmitter licence; and
(b) in any other provision of this Act—a licence allocated by the ABA under this Act (other than a class licence).
Insert:
subscription television broadcasting licence means a licence under Part 7 to provide one or more subscription television broadcasting services.
Add:
Note:
Licence is given an extended meaning by subsection 6(1).
Insert:
(1) For the purposes of this Act, if a television program is captioned for the deaf and hearing impaired, the captioning is taken to be part of the program.
(2) Subsection (1) is enacted for the avoidance of doubt.
Add:
(2) A multi‑channelled national television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.
Before “licences”, insert “broadcasting”.
Add “or 38B”.
Note: The heading to section 28A is altered by adding at the end “
or 38B ”.
Insert:
(4A) Each part determined under subsection (3) must be 7 MHz. However, this rule does not prevent a particular part from being determined even if it adjoins:
(a) another part that is also specified in the determination; or
(b) 2 other parts that are also specified in the determination.
Repeal the subsection, substitute:
(5) For the purposes of the application of this section to the availability of the spectrum before 1 January 2007, a
datacasting service is a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.(6) For the purposes of the application of this section to the availability of the spectrum on or after 1 January 2007, a
datacasting service is:
(a) a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or
(b) a datacasting service provided under any other licence allocated by the ABA under this Act; or
(c) a datacasting service provided in accordance with a class licence.
Add:
, so long as:
(a) all of the following conditions are satisfied:
(i) no licence for the licence area previously allocated under this section to the existing licensee has been cancelled because of a breach of the condition set out in paragraph 7(1)(i) of Schedule 2;
(ii) no licence for the licence area previously held by the existing licensee has been cancelled because of a breach of the condition set out in subsection (9);
(iii) no licence for the licence area previously held by the existing licensee has been surrendered; or
(b) both:
(i) paragraph (a) does not apply; and
(ii) the ABA is satisfied that there are exceptional circumstances.
Insert:
(1) If:
(a) a particular licence area is the licence area of only 2 commercial television broadcasting licences (the
parent licences ) that are in force; and(b) neither of those licences was allocated under section 38A; and
(c) an additional commercial television broadcasting licence can be allocated for the licence area;
the existing licensees may, within 90 days after the designated time for the licence area, give to the ABA :
(d) a joint written notice stating that:
(i) a company specified in the notice (the
joint‑venture company ) will apply for an additional commercial television broadcasting licence for the licence area; and(ii) the joint‑venture company is jointly owned by the existing licensees; and
(iii) the joint‑venture company is formed in Australia or an external Territory and has a share capital; or
(e) a joint written notice stating that each of the existing licensees will apply separately for an additional commercial television broadcasting licence for the licence area; or
(f) a joint written notice stating that only the existing licensee specified in the notice will apply for an additional commercial television broadcasting licence for the licence area.
Application by joint‑venture company
(2) If a notice is given under paragraph (1)(d), the joint‑venture company may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.
Separate applications by existing licensees
(3) If a notice is given under paragraph (1)(e), each existing licensee may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.
Application by only one of the existing licensees
(4) If a notice is given under paragraph (1)(f), the existing licensee specified in the notice may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.
Allocation of additional licence to joint‑venture company
(5) As soon as practicable after receiving an application under subsection (2), the ABA must allocate an additional commercial television broadcasting licence to the joint‑venture company for the licence area, so long as the ABA is satisfied that the joint‑venture company is jointly owned by the existing licensees.
Allocation of additional licence to existing licensee
(6) If the ABA has received applications from both of the existing licensees under subsection (3), the ABA must allocate an additional commercial television broadcasting licence to one of those licensees for the licence area in accordance with a price‑based system determined under subsection (10).
(7) If, by the end of the 12‑month period beginning at the designated time for the licence area:
(a) the ABA has received an application from only one existing licensee (the
first licensee ) under subsection (3); and(b) the ABA has not received a notice from the other existing licensee stating that it will not be applying under subsection (3);
the ABA must, as soon as practicable after the end of that 12‑month period, allocate an additional commercial television broadcasting licence to the first licensee for the licence area.
(8) If the ABA has received:
(a) an application from an existing licensee (the
first licensee ) under subsection (3); and(b) a notice from the other existing licensee stating that it will not be applying under subsection (3);
the ABA must, as soon as practicable after both have been received, allocate an additional commercial television broadcasting licence to the first licensee for the licence area.
(9) As soon as practicable after receiving an application under subsection (4), the ABA must allocate an additional commercial television broadcasting licence to the existing licensee concerned for the licence area.
Price‑based system for allocating licences where separate applications have been received
(10) The ABA may determine in writing a price‑based system for allocating commercial television broadcasting licences under subsection (6).
(11) The Minister may give specific directions to the ABA for the purpose of a determination.
(12) Directions may be to include in a determination specified reserve prices for licences, and those reserve prices may be different for licences in different licence areas.
(13) If a commercial television broadcasting licence is allocated under subsection (6), the ABA must, unless the allocation system adopted was public, publish in the
Gazette :
(a) the name of the successful applicant; and
(b) the amount that the applicant agreed to pay to the Commonwealth for the allocation of the licence.
Amalgamation of licence areas in some cases
(14) The ABA may, by writing, determine that, if:
(a) more than 30% of the licence area population of a specified licence area is attributable to a specified overlap area; or
(b) a specified licence area is entirely within another specified licence area;
this section applies as if the 2 licence areas were one.
(15) A determination under subsection (14) has effect accordingly.
(16) A determination under subsection (14) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
Fee for additional licence
(17) On allocation of the additional licence under subsection (5), (7), (8) or (9), the applicant must pay to the ABA a fee determined by the ABA. The fee must not be more than the amount that, in the opinion of the ABA, represents the costs (including planning costs) incurred by the ABA in allocating the additional licence.
Licence conditions
(18) Each additional licence allocated under this section is subject to the following conditions:
(a) the licensee may only provide the commercial television broadcasting service concerned in digital mode (within the meaning of Schedule 4); and
(b) if the licence area for the licence is wholly outside a remote licence area (within the meaning of Schedule 4)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) by whichever is the earlier of the following times:
(i) the time that is notified in writing to the licensee by the ABA ;
(ii) the start of 1 January 2004; and
(c) if any part of the licence area for the licence is within a remote licence area (within the meaning of Schedule 4)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) by the time that is notified in writing to the licensee by the ABA, being a time that is not earlier than the date determined by the ABA in relation to the remote licence area as mentioned in subclause 6(6A) of Schedule 4.
(19) Paragraphs 7(1)(i), 7(1)(l) and 7(1)(m) of Schedule 2 do not apply to an additional licence allocated under this section.
(20) On the allocation of an additional licence under subsection (5), it becomes a condition of:
(a) the additional licence; and
(b) each parent licence;
that the licensee concerned will continue to provide services under the licence concerned for at least 2 years after the commencement of the provision of the commercial television broadcasting service under the additional licence.
(21) On the allocation of an additional licence under subsection (6), (7), (8) or (9), it becomes a condition of:
(a) the additional licence; and
(b) the parent licence concerned;
that the licensee will continue to provide services under those licences for at least 2 years after the commencement of the provision of the commercial television broadcasting service under the additional licence.
Restrictions on transfer of licences
(22) During the period of 2 years after the date of allocation of an additional licence under subsection (5), any attempt by any person to transfer the additional licence is of no effect.
(23) During the period of 2 years after the date of allocation of an additional licence under subsection (6), (7), (8) or (9), any attempt by any person to transfer either:
(a) the additional licence; or
(b) the parent licence concerned;
is of no effect unless both of those licences are transferred at the same time by the same person to the same transferee.
Section 37 restrictions apply
(24) This section has effect subject to section 37.
Jointly owned company
(25) For the purposes of this section, a company (the
first company ) isjointly owned by 2 other companies if, and only if, each share in the first company is beneficially owned by either or both of those other companies.
Designated time
(26) In this section:
designated time , in relation to a licence area, means:
(a) if the licence area is wholly outside a remote licence area (within the meaning of Schedule 4)—the commencement of this section; or
(b) if any part of the licence area is within a remote licence area (within the meaning of Schedule 4)—the time determined by the ABA in relation to the remote licence area for the purposes of this paragraph.
Add:
(4) This section does not affect the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
Repeal the heading, substitute:
Insert:
Insert:
A person must not be in a position to exercise control of:
(a) a commercial television broadcasting licence; and
(b) a datacasting transmitter licence.
Insert:
Insert:
(1) A person must not be a director of:
(a) a company that is in a position to exercise control of a commercial television broadcasting licence; and
(b) a company that is in a position to exercise control of a datacasting transmitter licence.
(2) A person must not:
(a) be in a position to exercise control of a commercial television broadcasting licence; and
(b) be a director of a company that is in a position to exercise control of a datacasting transmitter licence.
(3) A person must not:
(a) be a director of a company that is in a position to exercise control of a commercial television broadcasting licence; and
(b) be in a position to exercise control of a datacasting transmitter licence.
Omit “and commercial radio broadcasting licensee”, substitute “, commercial radio broadcasting licensee and datacasting transmitter licensee”.
Before “the name of”, insert “in the case of a commercial television broadcasting licensee or a commercial radio broadcasting licensee—”.
After “commercial television broadcasting licence”, insert “or datacasting transmitter licence”.
Omit “or commercial radio broadcasting licensee”, substitute “, commercial radio broadcasting licensee or datacasting transmitter licensee”.
After “commercial television broadcasting licence”, insert “or datacasting transmitter licence”.
Omit “or a commercial radio broadcasting licence”, substitute “, a commercial radio broadcasting licence or a datacasting transmitter licence”.
Note: The heading to section 64 is altered by omitting “
commercial ” and substituting “a ”.
After “commercial television broadcasting licence”, insert “or datacasting transmitter licence”.
After “commercial television broadcasting licence”, insert “or datacasting transmitter licence”.
After “commercial television broadcasting licence”, insert “or datacasting transmitter licence”.
After “commercial television broadcasting licence”, insert “or datacasting transmitter licence”.
Add:
(2) This section does not apply to the licences at any time after either of the licences is first held by a different person (whether or not it continues to be held by a different person).
Insert:
(1) If an additional licence has been allocated under subsection 38B(6), (7), (8) or (9) to the holder of an existing licence, the existing licence and additional licence are to be treated, for the purposes of this Part, as being only one licence.
(2) Subsection (1) does not apply to the licences at any time after either of the licences is first held by a different person (whether or not it continues to be held by a different person).
(3) If an additional licence has been allocated under subsection 38B(5) to a company, then, while:
(a) the company remains:
(i) the holder of the additional licence; and
(ii) partly owned by another company that was the holder of one of the existing licences at the time of the allocation; and
(b) the other company remains the holder of the existing licence;
the existing licence and the additional licence are to be treated, for the purposes of this Part, as being only one licence.
(4) For the purposes of this section,a company (the
first company ) ispartly owned by another company if, and only if, at least one share in the first company is beneficially owned by the other company.
Before “a newspaper”, insert “a datacasting transmitter licence,”.
Before “the newspaper”, insert “the datacasting transmitter licence,”.
After “38A”, insert “or 38B”.
Add:
(4) This section does not affect the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
Add:
(4) This section does not affect the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
Add:
(4) This section does not affect the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
After “programs”, insert “and datacasting content”.
After “broadcasting service providers”, insert “and datacasting service providers”.
After “(including national broadcasting services)”, insert “and datacasting services”.
After “the broadcasting industry”, insert “and the datacasting industry”.
Repeal the paragraph, substitute:
(c) the information has been used for the purposes of:
(i) a television or radio program; or
(ii) datacasting content.
Repeal the subsection, substitute:
(5) For the purposes of this section,
journalist means a person engaged in the profession or practice of reporting for, photographing, editing, recording or making:
(a) television or radio programs; or
(b) datacasting content;
of a news, current affairs, information or documentary character.
54
Section 204 (after table item dealing with refusal to allocate an additional licence) Insert:
Refusal to allocate an additional licence | Section 38B | The applicant |
After “broadcasting”, insert “or datacasting”.
Note: The heading to section 206 is altered by inserting “
or datacasting ” after “Broadcasting ”.
After “section 140”, insert “or subclause 49(2), 50(3), 52(2) or 53(5) of Schedule 6”.
Insert:
Schedule 6 has effect.
(1) As soon as practicable after 1 January 2003 and before 1 January 2004, the Minister may cause to be conducted a review of the operation of Schedules 4 and 6.
(2) The Minister must cause to be prepared a report of a review under subsection (1).
(3) The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.
(1) Before 1 January 2002, the Minister must cause to be conducted a review of whether, in the context of converging media technologies, streamed audio and video content obtainable on the Internet should be regarded as a broadcasting service.
(2) The Minister must cause to be prepared a report of a review under subsection (1).
(3) The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.
Before “newspapers”, insert “datacasting transmitter licences, ”.
Omit “industry” (first occurring), substitute “and datacasting industries”.
Omit “the industry”, substitute “those industries”.
After “licence” (first occurring), insert “(other than a datacasting transmitter licence)”.
Insert:
(ba) in the case of a datacasting transmitter licence:
(i) the person is the licensee; or
(ii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of the selection or provision of a significant proportion of the datacasting content transmitted by the licensee; or
(iii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the licensee in transmitting datacasting services under the licence; or
Insert:
(2A) Paragraph (1)(ba) does not apply to the provision of datacasting content by a person to a licensee under an agreement for the supply of datacasting content to the licensee if:
(a) the conditions of the agreement relate only to the datacasting content so supplied or its promotion; and
(b) the content so supplied is a minority of the datacasting content transmitted by the licensee.
Before “controls”, insert “in the case of a licensee other than a datacasting transmitter licensee—”.
Insert:
(ba) in the case of a datacasting transmitter licensee—controls the selection or provision of any of the datacasting content to be transmitted by the licensee; or
66
Subclause 4(4) of Schedule 1 (before paragraph (c) of the definition of media company ) Insert:
(bb) a company that holds a datacasting transmitter licence; or
Omit “digital mode”, substitute “SDTV digital mode”.
Omit “clause 37”, substitute “Division 1 of Part 4”.
Insert:
(na) the licensee will comply with standards applicable to the licence under Division 2 of Part 4 of Schedule 4 (which deals with HDTV quotas);
Insert:
(oa) the licensee will comply with any regulations made for the purposes of clause 36B of Schedule 4 (which deals with the accessibility of domestic reception equipment);
Insert:
(2B) Each commercial television broadcasting licence is also subject to the condition that the licensee will provide information to another commercial television broadcasting licensee:
(a) in a timely manner; and
(b) at no cost; and
(c) in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;
if required to do so by that other licensee for the purpose of compiling information for an electronic program guide.
Insert:
(2C) Each commercial television broadcasting licence is also subject to the condition that the licensee will provide information to a national broadcaster (within the meaning of Schedule 4):
(a) in a timely manner; and
(b) at no cost; and
(c) in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;
if required to do so by that national broadcaster for the purpose of compiling information for an electronic program guide.
(2D) For the purposes of the application of subclause (2B) to information provided to a commercial television broadcasting licensee,
electronic program guide has the same meaning as in subclause 6(24) of Schedule 4.(2E) For the purposes of the application of subclause (2C) to information provided to a national broadcaster,
electronic program guide has the same meaning as in subclause 19(24) of Schedule 4.
Add:
; or (p) make, vary or revoke an instrument that is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 ; or(q) make or vary a digital channel plan under a scheme in force under clause 6 of Schedule 4; or
(r) make or vary a digital channel plan under a scheme in force under clause 19 of Schedule 4.
Omit “both analog mode and digital mode”, substitute “both analog mode and SDTV digital mode”.
Omit “High Definition Television (HDTV) format transmission of television programs in digital mode”, substitute “quotas for the transmission of programs in HDTV digital mode”.
After “1 January 2000”, insert “, 1 January 2004”.
73A
Clause 2 of Schedule 4 (definition of broadcasting transmission tower ) Omit all the words after “used”, substitute:
to supply:
(e) a broadcasting service by means of radiocommunications using the broadcasting services bands; or
(f) a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.
74
Clause 2 of Schedule 4 (definition of datacasting service ) Repeal the definition.
Insert:
designated teletext service means a teletext service provided by a commercial television broadcasting licensee, where:
(a) the licensee provided the service throughout the 2‑year period ending immediately before the commencement of Schedule 6; and
(b) the service remains substantially the same as the service provided throughout that 2‑year period.
Insert:
HDTV digital mode has the meaning given by clause 4A.
Insert:
multi‑channelled national television broadcasting service has the meaning given by clause 5A.
Insert:
national radio broadcasting service means a national broadcasting service that provides radio programs.
Insert:
SDTV digital mode has the meaning given by clause 4B.
Insert:
television broadcasting service means:
(a) a commercial television broadcasting service; or
(b) a national television broadcasting service.
Insert:
For the purposes of this Schedule, a television program or a television broadcasting service is broadcast or transmitted in
HDTV digital mode if the program or service is broadcast or transmitted in digital mode in a high definition format.
For the purposes of this Schedule, a program or a television broadcasting service is broadcast or transmitted in
SDTV digital mode if the program or service is broadcast or transmitted in digital mode in a standard definition format.
Insert:
(1) For the purposes of this Schedule, a broadcasting service is a
multi‑channelled national television broadcasting service if:
(a) the service provides television programs; and
(b) either:
(i) the service is provided by the Australian Broadcasting Corporation in accordance with section 6 of the
Australian Broadcasting Corporation Act 1983 ; or(ii) the service is provided by the Special Broadcasting Service Corporation in accordance with section 6 of the
Special Broadcasting Service Act 1991 ; and(c) the service is transmitted in digital mode using multi‑channelling transmission capacity; and
(d) the only programs delivered by the service are programs to which subclause (2) applies; and
(e) the service is promoted as a service that is distinct from any other broadcasting service provided by the Corporation concerned; and
(f) the service is neither a subscription broadcasting service nor a subscription narrowcasting service; and
(g) the Corporation concerned has given the Minister a written notice electing that this subclause apply to the service; and
(h) if the Corporation concerned transmits the service in a particular coverage area:
(i) the Corporation transmits another broadcasting service in that coverage area; and
(ii) the other service is a national television broadcasting service; and
(iii) clause 19 applies to the other service during the simulcast period for that coverage area.
(2) This subclause applies to the following television programs:
(a) a program (including a news bulletin or a current affairs program) that deals wholly or principally with regional matters;
(b) an educational program;
(c) a science program;
(d) a religious program;
(e) a health program;
(f) an arts‑related program;
(g) a culture‑related program;
(h) a financial, market or business information bulletin;
(i) a program that consists of:
(i) the proceedings of, or the proceedings of a committee of, a Parliament; or
(ii) the proceedings of a court or tribunal in Australia; or
(iii) the proceedings of an official inquiry or Royal Commission in Australia; or
(iv) a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory;
(j) a public policy program;
(k) a foreign‑language news bulletin;
(l) a program about community‑based multicultural or indigenous activities;
(m) a children’s program;
(n) a history program;
(o) a program that:
(i) is produced by the Australian Broadcasting Corporation; and
(ii) deals with international news (including analysis of items of international news);
(p) a national program about rural affairs;
(q) an information‑only program;
(r) a stand‑alone international social documentary;
(s) a stand‑alone social documentary that is produced by the Special Broadcasting Service Corporation;
(t) a subtitled foreign‑language program;
(u) an occasional stand‑alone drama program;
(v) incidental matter.
(3) In this clause:
drama program has the same meaning as in section 103B.
educational program has the same meaning as in Schedule 6 (disregarding subclauses 3(2) to (7) (inclusive) of Schedule 6).
financial, market or business information bulletin has the same meaning as in Schedule 6.
foreign‑language news bulletin means a news bulletin the audio component of which is wholly in a language other than English (for this purpose, disregard minor and infrequent uses of the English language).
incidental matter means:
(a) advertising or sponsorship matter (whether or not of a commercial kind); or
(b) a program promotion; or
(c) an announcement; or
(d) a hosting; or
(e) any other interstitial program.
information‑only program has the same meaning as in Schedule 6 (disregarding subclauses 4(2) to (7) (inclusive) of Schedule 6).
public policy program means a program that consists of a lecture, speech, debate or forum, where:
(a) the lecture, speech, debate or forum deals wholly or principally with one or more matters of public policy; and
(b) there is no editing of the substance of the lecture, speech, debate or forum; and
(c) if there is any analysis, commentary or discussion about the substance of the lecture, speech, debate or forum—the analysis, commentary or discussion has a balanced presentation of points of view.
subtitled foreign‑language program means a subtitled program the audio content of which is wholly in a language other than English (for this purpose, disregard minor and infrequent uses of the English language).
Omit “digital mode”, substitute “SDTV digital mode”.
Repeal the paragraph, substitute:
(e) the objective that each additional channel should occupy 7 MHz of bandwidth;
Omit “digital mode”, substitute “SDTV digital mode”.
Repeal the paragraph, substitute:
(h) the objective that, at the end of the simulcast period for a licence area, all transmissions of commercial television broadcasting services in analog mode in that area are to cease;
(ha) the objective that, after the end of the simulcast period for a licence area, each holder of a commercial television broadcasting licence for that area is to transmit the commercial television broadcasting service concerned in digital mode in that area using such channel or channels as the ABA allots under the scheme or a digital channel plan, having regard to:
(i) the need to plan the most efficient use of the spectrum; and
(ii) the other relevant policy objectives of the scheme;
Omit “digital mode”, substitute “SDTV digital mode”.
Add “provided under, and in accordance with the conditions of, datacasting licences”.
Add:
; (n) the objective that, in allotting channels under the scheme or a digital channel plan, the ABA must have regard to:
(i) the need to plan the most efficient use of the spectrum; and
(ii) the other relevant policy objectives of the scheme.
Insert:
(5A) If:
(a) the holder of a commercial television broadcasting licence holds another commercial television broadcasting licence; and
(b) the other licence was allocated under section 38A or 38B; and
(c) the licences relate to the same licence area (within the meaning of whichever of those sections is applicable); and
(d) at or about the time when the other licence was allocated, the holder gave the ABA a written notice electing that this subclause apply to both of the commercial television broadcasting services concerned;
then:
(e) paragraphs (3)(d), (e) and (ha) do not apply to either of the commercial television broadcasting services concerned; and
(f) Part A of the commercial television conversion scheme must be directed towards ensuring the achievement of the objectives set out in subclause (5B).
(5B) The objectives mentioned in paragraph (5A)(f) are as follows:
(a) the objective that, throughout the simulcast period for the licence area, the holder should be authorised, under one or more transmitter licences, to use one or more particular channels to transmit both of the commercial television broadcasting services concerned in digital mode in that area using multi‑channelling transmission capacity on each channel;
(b) the objective that each channel should occupy 7 MHz of bandwidth;
(c) the objective that, after the end of the simulcast period for the licence area, the holder is to transmit both of the commercial television broadcasting services concerned in digital mode in that area using multi‑channelling transmission capacity of a channel or channels allotted by the ABA under the scheme or a digital channel plan, having regard to:
(i) the need to plan the most efficient use of the spectrum; and
(ii) the other relevant policy objectives of the scheme.
(5C) Paragraphs (3)(c), (d), (e), (f), (h) and (j) do not apply to a commercial television broadcasting service provided under a licence allocated under section 38B.
Note: Under section 38B, it is a condition of the licence that the service may only be transmitted in digital mode.
Insert:
(5D) For the purposes of paragraphs (3)(ha) and (n) and (5B)(c), in determining the most efficient use of the spectrum, the ABA is to have regard to:
(a) the need for spectrum to be made available for allocation for the purposes of the transmission of datacasting services under, and in accordance with the conditions of, datacasting licences; and
(b) such other matters as the ABA considers relevant.
Insert:
Remote licence areas—start‑up of digital transmission
(6A) Part B of the commercial television conversion scheme must be directed towards ensuring the achievement of the policy objective that each holder of a commercial television broadcasting licence for a remote licence area is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that area by such date as the ABA determines under the scheme.
Omit “digital mode”, substitute “SDTV digital mode”.
Insert:
(7A) The simulcast period for a particular remote licence area:
(a) is to begin on the date determined in relation to that area in accordance with subclause (6A); and
(b) is to run for such period as the ABA determines under the scheme.
Omit “digital mode”, substitute “SDTV digital mode”.
Add:
; and (c) ignore any digital program-enhancement content (as defined by subclause (14)); and
(ca) ignore a particular item of category B digital program‑enhancement content (as defined by subclause (15)), so long as the licensee does not transmit simultaneously any other item of category B digital program‑enhancement content; and
(d) ignore a particular television program transmitted using multi‑channelling transmission capacity, where:
(i) the program is a scheduled program that provides live coverage of a designated event (as defined by subclause (20)); and
(ii) the other television program broadcast using that multi‑channelling transmission capacity is a regularly scheduled news program; and
(iii) the end of the designated event is delayed for reasons that are not within the control of the licensee or of the person (if any) who supplied the first‑mentioned program to the licensee (either directly or indirectly through one or more interposed persons); and
(iv) the sole purpose of the use of the multi‑channelling transmission capacity is to allow viewers of the SDTV version of the commercial television broadcasting service to choose between viewing the regularly scheduled news program and viewing so much of the designated event as overlaps the other television program; and
(e) ignore an electronic program guide (as defined by subclause (24)).
Insert:
(8A) For the purposes of this Act (other than paragraph (3)(c) or subclauses (7), (8) and (11) of this clause or Division 2 of Part 4 of this Schedule) and any other law of the Commonwealth, if the holder of a commercial television broadcasting licence transmits matter that is required to be ignored by paragraph (8)(c), (d) or (e) of this clause, that matter is taken to be part of the commercial television broadcasting service concerned.
Omit “digital mode”, substitute “SDTV digital mode”.
Add:
Digital program‑enhancement content
(14) For the purposes of this clause,
digital program‑enhancement content is content:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms;
where:
(g) the content is transmitted using a digital modulation technique; and
(h) the sole purpose of the transmission of the content is to enhance a television program (the
primary program ); and(i) the subject matter of the content is closely and directly linked to the subject matter of the primary program; and
(j) the licensee transmits simultaneously the content and the primary program; and
(k) either:
(i) the licensee transmits simultaneously the primary program in both analog mode and SDTV digital mode; or
(ii) the primary program is covered by a determination under subclause (9) or (10).
Note: For example, if the primary program is live coverage of a tennis match, the digital program‑enhancement content could consist of any or all of the following:
(a) the match from different camera angles;
(b) each player’s results in past matches;
(c) video highlights from those past matches;
(d) each player’s ranking and career highlights.
Designated event
(20) For the purposes of this clause, a
designated event is:
(a) a sporting event; or
(b) a declared designated event (as defined by subclause (21)).
(21) The ABA may, by writing, determine that a specified event is a
declared designated event for the purposes of this clause.Note: For specification by class, see subsection 46(2) of the
Acts Interpretation Act 1901 .(22) A determination under subclause (21) has effect accordingly.
(23) A determination under subclause (21) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
Electronic program guide
(24) For the purposes of this clause, an
electronic program guide is matter transmitted using a uniform digital modulation technique, where the matter consists of no more than:
(a) a schedule of the television programs provided by:
(i) the commercial television broadcasting service transmitting the matter; or
(ii) all of the commercial television broadcasting services and all of the national television broadcasting services; or
(b) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; or
(c) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) a facility the sole purpose of which is to enable an end‑user to select, and commence viewing, one or more of the programs in the schedule; or
(d) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; and
(iii) a facility the sole purpose of which is to enable an end‑user to select, and commence viewing, one or more of the programs in the schedule.
Insert:
(1) The commercial television conversion scheme may provide for the ABA to make one or more plans (
digital channel plans ) that:
(a) allot channels to holders of commercial television broadcasting licences; and
(b) set out any technical limitations on the use of a particular channel that the ABA believes should be shown in the plan; and
(c) set out whether the use of a channel depends on any event or circumstances described in the plan.
(2) The commercial television conversion scheme may provide that a digital channel plan may include other matters.
(3) The commercial television conversion scheme may provide for the ABA to vary a digital channel plan.
Repeal the subclauses, substitute:
Return of spectrum at end of simulcast period
(4) If, at the end of the simulcast period for a licence area, the holder of a commercial television broadcasting licence for the area holds one or more transmitter licences that authorised the transmission of the commercial television broadcasting service concerned in that area, Part A of the commercial television conversion scheme must make provision for:
(a) requiring the holder to surrender the transmitter licence or licences, with effect from the end of the simulcast period; and
(b) requiring the ACA to issue, with effect from the end of the simulcast period, one or more transmitter licences that authorise the transmission of the commercial television broadcasting service concerned using the channel or channels mentioned in whichever of the following provisions is applicable:
(i) paragraph 6(3)(ha) of this Schedule;
(ii) paragraph 6(5B)(c) of this Schedule.
Repeal the paragraph, substitute:
(a) the holder contravenes a standard under subclause 37(1) or 37A(1) or 37E(1) or (3); and
Note: The heading to subclause 8(7) of Schedule 4 is altered by inserting “
format and ”after“if ”.
Omit “the licence that was surrendered as mentioned in that subclause”, substitute “a licence that was surrendered on the grounds of a contravention of a standard under subclause 37A(1) or 37E(1) or (3)”.
Repeal the subclause.
Omit all the words after “if the holder”, substitute:
does not comply with:
(a) a specified requirement of that Part of the scheme; or
(b) a standard applicable to the holder under subclause 37B(1) or 37C(1) or 37G(1) or (2).
Insert:
(10A) Subclause (10) does not prevent the commercial television conversion scheme from making provision for requiring the ACA to issue a transmitter licence to replace a licence that was surrendered on the grounds of a contravention of a standard under subclause 37C(1) or 37G(1) or (2). However, the amount of transmission capacity covered by the replacement licence must be less than the amount of transmission capacity covered by the surrendered licence.
102
Paragraphs 19(3)(a), (b) and (c) of Schedule 4 Omit “digital mode”, substitute “SDTV digital mode”.
Repeal the paragraph, substitute:
(e) the objective that each additional channel should occupy 7 MHz of bandwidth;
Omit “digital mode”, substitute “SDTV digital mode”.
Repeal the paragraph, substitute:
(h) the objective that, at the end of the simulcast period for a coverage area, all transmissions of national television broadcasting services in analog mode in that area are to cease;
(ha) the objective that, after the end of the simulcast period for a coverage area, each national broadcaster is to transmit the national broadcasting service concerned in digital mode in that area using such channel or channels as the ABA allots under the scheme or a digital channel plan, having regard to:
(i) the need to plan the most efficient use of the spectrum; and
(ii) the other policy objectives of the scheme;
Omit “digital mode”, substitute “SDTV digital mode”.
107
At the end of paragraph 19(3)(k) of Schedule 4 Add “provided under, and in accordance with the conditions of, datacasting licences or for the purpose of the transmission of national radio broadcasting services”.
Add:
; (n) the objective that, in allotting channels under the scheme or a digital channel plan, the ABA must have regard to:
(i) the need to plan the most efficient use of the spectrum; and
(ii) the other relevant policy objectives of the scheme.
Insert:
(5A) For the purposes of paragraphs (3)(ha) and (n), in determining the most efficient use of the spectrum, the ABA is to have regard to:
(a) the need for spectrum to be made available for allocation for the purposes of the transmission of datacasting services under, and in accordance with the conditions of, datacasting licences; and
(b) such other matters as the ABA considers relevant.
Insert:
Remote coverage areas—start‑up of digital transmission
(6A) Part B of the national television conversion scheme must be directed towards ensuring the achievement of the policy objective that each national broadcaster is required to commence transmitting the national television broadcasting service concerned in SDTV digital mode in a remote coverage area by such date as is ascertained in relation to that area in accordance with an implementation plan that was given by the broadcaster, and is in force, under clause 20.
Omit “digital mode”, substitute “SDTV digital mode”.
Insert:
(7A) The simulcast period for a particular remote coverage area:
(a) is to begin on the date mentioned in subclause (6A); and
(b) is to end at the end of the simulcast period (within the meaning of subclause 6(7)) for the licence area that corresponds to that coverage area.
Insert:
Multi‑channelled national television broadcasting services
(7B) This clause does not apply to a multi‑channelled national television broadcasting service.
Omit “digital mode”, substitute “SDTV digital mode”.
Add:
; and (c) ignore any digital program-enhancement content (as defined by subclause (14)); and
(ca) ignore a particular item of category B digital program‑enhancement content (as defined by subclause (15)), so long as the national broadcaster does not transmit simultaneously any other item of category B digital program‑enhancement content; and
(d) ignore a particular television program transmitted using multi‑channelling transmission capacity, where:
(i) the program is a scheduled program that provides live coverage of a designated event (as defined by subclause (20)); and
(ii) the other television program broadcast using that multi‑channelling transmission capacity is a regularly scheduled news program; and
(iii) the end of the designated event is delayed for reasons that are not within the control of the national broadcaster or of the person (if any) who supplied the first‑mentioned program to the national broadcaster (either directly or indirectly through one or more interposed persons); and
(iv) the sole purpose of the use of the multi‑channelling transmission capacity is to allow viewers of the SDTV version of the national television broadcasting service to choose between viewing the regularly scheduled news program and viewing so much of the designated event as overlaps the other television program; and
(e) ignore an electronic program guide (as defined by subclause (24)).
Insert:
(8A) For the purposes of this Act (other than paragraph (3)(c) or subclauses (7), (8) and (11) of this clause or Division 2 of Part 4 of this Schedule) and any other law of the Commonwealth, if a national broadcaster transmits matter that is required to be ignored by paragraph (8)(c), (d) or (e) of this clause, that matter is taken to be part of the national television broadcasting service concerned.
Omit “digital mode”, substitute “SDTV digital mode”.
Add:
Digital program‑enhancement content
(14) For the purposes of this clause,
digital program‑enhancement content is content:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms;
where:
(g) the content is transmitted using a digital modulation technique; and
(h) the sole purpose of the transmission of the content is to enhance a television program (the
primary program ); and(i) the subject matter of the content is closely and directly linked to the subject matter of the primary program; and
(j) the national broadcaster transmits simultaneously the content and the primary program; and
(k) either:
(i) the national broadcaster transmits simultaneously the primary program in both analog mode and SDTV digital mode; or
(ii) the primary program is covered by a determination under subclause (9) or (10).
Note: For example, if the primary program is live coverage of a tennis match, the digital program‑enhancement content could consist of any or all of the following:
(a) the match from different camera angles;
(b) each player’s results in past matches;
(c) video highlights from those past matches;
(d) each player’s ranking and career highlights.
Designated event
(20) For the purposes of this clause, a
designated event is:
(a) a sporting event; or
(b) a declared designated event (as defined by subclause (21)).
(21) The ABA may, by writing, determine that a specified event is a
declared designated event for the purposes of this clause.Note: For specification by class, see subsection 46(2) of the
Acts Interpretation Act 1901 .(22) A determination under subclause (21) has effect accordingly.
(23) A determination under subclause (21) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
Electronic program guide
(24) For the purposes of this clause, an
electronic program guide is matter transmitted using a uniform digital modulation technique, where the matter consists of no more than:
(a) a schedule of the television programs provided by:
(i) the national television broadcasting service transmitting the matter; or
(ii) all of the commercial television broadcasting services and all of the national television broadcasting services; or
(b) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; or
(c) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) a facility the sole purpose of which is to enable an end‑user to select, and commence viewing, one or more of the programs in the schedule; or
(d) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; and
(iii) a facility the sole purpose of which is to enable an end‑user to select, and commence viewing, one or more of the programs in the schedule.
Insert:
(1A) Subclause (1) does not apply to a multi‑channelled national television broadcasting service.
Insert:
(1) The national television conversion scheme may provide for the ABA to make one or more plans (
digital channel plans ) that:
(a) allot channels to national broadcasters; and
(b) set out any technical limitations on the use of a particular channel that the ABA believes should be shown in the plan; and
(c) set out whether the use of a channel depends on any event or circumstances described in the plan.
(2) The national television conversion scheme may provide that a digital channel plan may include other matters.
(3) The national television conversion scheme may provide for the ABA to vary a digital channel plan.
Repeal the subclauses, substitute:
Return of spectrum at end of simulcast period
(4) If, at the end of the simulcast period for a coverage area, a national broadcaster holds one or more transmitter licences that authorised the transmission of the national television broadcasting service concerned in that area, Part A of the national television conversion scheme must make provision for:
(a) requiring the national broadcaster to surrender the licence or licences, with effect from the end of the simulcast period; and
(b) requiring the ACA to issue, with effect from the end of the simulcast period, one or more transmitter licences that authorise the transmission of the national broadcasting service concerned using the channel or channels mentioned in paragraph 19(3)(ha) of this Schedule.
Repeal the paragraph, substitute:
(a) the national broadcaster contravenes a standard under subclause 37(1) or 37A(1) or 37F(1) or (3); and
Note: The heading to subclause 23(7) of Schedule 4 is altered by inserting “
format and ”after“if ”.
Omit “the licence that was surrendered as mentioned in that subclause”, substitute “a licence that was surrendered on the grounds of a contravention of a standard under subclause 37A(1) or 37F(1) or (3)”.
Repeal the subclause.
Omit all the words after “if the national broadcaster”, substitute:
does not comply with:
(d) a person holding shares in the company may be required by the company, from time to time, to provide to the company statutory declarations concerning matters relevant to the person’s eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of the
Broadcasting Services Act 1992 ; and(e) the company may secure the disposal of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in paragraph (c) or (d).
Application of control rules
(4) Schedule 1 to the
Broadcasting Services Act 1992 applies for the purposes of subparagraphs (2)(c)(ii) and (3)(c)(ii) of this section in a corresponding way to the way in which it applies for the purposes of Part 5 of that Act.
Omit “or 109(1)(f)”, substitute “, 109(1)(f) or 109A(1)(k)”.
Omit “or 109(1)(f)”, substitute “, 109(1)(f) or 109A(1)(k)”.
After “102A”, insert “or a datacasting transmitter licence”.
Omit “and (3)”, substitute “, (3), (3A), (3B), (3D) and (3F)”.
Insert:
(3A) The licensee must not authorise a person if:
(a) the licence is a datacasting transmitter licence; and
(b) the person is not a qualified company.
(3B) The licensee must not authorise a person if:
(a) the licence is a datacasting transmitter licence; and
(b) the licensee did not, at least 30 days before the authorisation took place, give to the ABA a written notice stating the licensee’s intention to authorise the person.
(3C) If:
(a) the ABA receives a notice of intention under subsection (3B); and
(b) the ABA is satisfied that the authorisation would result in a breach of the BSA control rules;
the ABA may, by written notice given to the licensee within 30 days after the notice of intention was sent to the ABA, direct the licensee not to authorise the person.
(3D) The licensee must not authorise a person in breach of a direction under subsection (3C).
(3E) If:
(a) the ABA receives a notice of intention under subsection (3B); and
(b) the ABA is satisfied that the authorisation would not result in a breach of the BSA control rules;
the ABA must, by written notice given to the licensee, inform the licensee accordingly.
(3F) If the licensee gives a notice of intention to the ABA under subsection (3B), the licensee must not authorise the person concerned until whichever of the following first happens:
(a) the licensee receives a notice from the ABA in relation to the authorisation under subsection (3C) or (3E);
(b) the end of 30 days after the notice of intention was sent to the ABA.
Add:
(5) For the purposes of this section, an authorisation by the licensee of a datacasting transmitter licence results in a breach of the BSA control rules if, and only if, the authorisation would result in a breach of:
(a) section 54A or 56A of the
Broadcasting Services Act 1992 ; or(b) clause 41 of Schedule 6 to the
Broadcasting Services Act 1992 .
After “126(1)”, insert “or 128C(2)”.
Before “cancelling”, insert “or 128D(2)”.
Repeal the heading, substitute:
After “condition of the licence”, insert “(other than a condition set out in paragraph 109A(1)(g), (ga), (h), (i) or (j) or subsection 109A(2) or (3))”.
Insert:
(1) If the ABA is satisfied that:
(a) the licensee of a datacasting transmitter licence; or
(b) a person authorised by the licensee to operate a radiocommunications transmitter under the licence;
has contravened a condition of the licence set out in paragraph 109A(1)(g), (ga), (h), (i) or (j) or subsection 109A(2) or (3), the ABA may, by written notice given to the ACA, direct the ACA to suspend the licence for the period specified in the direction.
(2) If the ACA is given a direction under subsection (1), the ACA must:
(a) by written notice given to the licensee, suspend the licence; and
(b) specify in the notice of suspension, as the day on which the suspension ceases, the first day after the end of the period specified in the direction.
Note: A direction is reviewable under Part 5.6.
(3) A notice under subsection (2) must be accompanied by a copy of the direction under subsection (1).
(4) The ABA may, at any time, by written notice given to the ACA, direct the ACA to revoke the suspension of the licence concerned.
(5) The ACA must comply with a direction under subsection (4).
(6) Section 127 applies to a suspension under this section in a corresponding way to the way in which it applies to a suspension under section 126.
(1) If the ABA is satisfied that:
(a) the licensee of a datacasting transmitter licence; or
(b) a person authorised by the licensee to operate a radiocommunications transmitter under the licence;
has contravened a condition of the licence set out in paragraph 109A(1)(g), (ga), (h), (i) or (j) or subsection 109A(2) or (3), the ABA may, by written notice given to the ACA, direct the ACA to cancel the licence.
(2) If the ACA is given a direction under subsection (1), the ACA must, by written notice given to the licensee, cancel the licence.
Note: A direction is reviewable under Part 5.6.
(3) A notice under subsection (2) must be accompanied by a copy of the direction under subsection (1).
(1) For the purposes of this section, an
eligible decision is:
(a) a decision under subsection 128C(1) to give a direction requiring the ACA to suspend a datacasting transmitter licence on the grounds that there has been a contravention of the condition of the licence set out in paragraph 109A(1)(h); or
(b) a decision under subsection 128C(2) to suspend a datacasting transmitter licence in compliance with a direction covered by paragraph (a) of this subsection; or
(c) a decision under subsection 128D(1) to give a direction requiring the ACA to cancel a datacasting transmitter licence on the grounds that there has been a contravention of the condition of the licence set out in paragraph 109A(1)(h); or
(d) a decision under subsection 128D(2) to cancel a datacasting transmitter licence in compliance with a direction covered by paragraph (c) of this subsection.
(2) An order must not be made under paragraph 15(1)(a) or 15A(1)(a) of the
Administrative Decisions (Judicial Review) Act 1977 in relation to an eligible decision if:
(a) the order has the effect of suspending the operation of the eligible decision for more than 3 months; or
(b) the order and any previous order or orders made under the paragraph concerned have the combined effect of suspending the operation of the eligible decision for more than 3 months.
(3) An order must not be made under paragraph 15(1)(b) or 15A(1)(b) of the
Administrative Decisions (Judicial Review) Act 1977 in relation to an eligible decision if:
(a) the order has the effect of staying particular proceedings under the eligible decision for more than 3 months; or
(b) the order and any previous order or orders made under the paragraph concerned have the combined effect of staying particular proceedings under the eligible decision for more than 3 months.
(4) If:
(a) a person applies to the Federal Court under subsection 39B(1) of the
Judiciary Act 1903 for a writ or injunction in relation to an eligible decision; and(b) an order could be made staying, or otherwise affecting the operation or implementation of, the eligible decision pending the finalisation of the application;
such an order must not be made if:
(c) the order has the effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months; or
(d) the order and any previous order or orders covered by paragraph (b) have the combined effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months.
(5) If:
(a) a person applies to the Administrative Appeals Tribunal for review of an eligible decision; and
(b) an order could be made under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975 staying, or otherwise affecting the operation or implementation of, the eligible decision;such an order must not be made if:
(c) the order has the effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months; or
(d) the order and any previous order or orders covered by paragraph (b) have the combined effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months.
Insert:
(2B) The ACA must not renew the licence if:
(a) the licence is a datacasting transmitter licence; and
(b) the licence has already been renewed on a previous occasion.
Add:
(2) Subsection 103(5) applies to renewing a datacasting transmitter licence as if a reference in that subsection to 10 years were a reference to 5 years.
Omit “section 131AC”, substitute “sections 131AC and 131ACA”.
Omit “Division 6”, substitute “Divisions 6 and 6A”.
Insert:
(1) The ACA must not transfer a datacasting transmitter licence to a person unless the person is a qualified company.
(2) If the proposed transferee of a datacasting transmitter licence is a qualified company, the ACA must, within 14 days after receiving the relevant application, refer the relevant application to the ABA.
(3) If:
(a) an application for the transfer of a datacasting transmitter licence is referred to the ABA under subsection (2); and
(b) the ABA is satisfied that the transfer of the licence would result in a breach of the BSA control rules;
the ABA may, by written notice given to the ACA within 30 days after the application was referred to the ABA, direct the ACA not to transfer the licence to the proposed transferee, and the ACA must comply with the direction.
(4) If:
(a) an application for the transfer of a datacasting transmitter licence is referred to the ABA under subsection (2); and
(b) the ABA is satisfied that the transfer of the licence would not result in a breach of the BSA control rules;
the ABA must, by written notice given to the ACA, inform the ACA accordingly.
(5) If an application for the transfer of a datacasting transmitter licence is referred to the ABA under subsection (2), the ACA must not transfer, or refuse to transfer, the licence until whichever of the following first happens:
(a) the ACA receives a notice from the ABA in relation to the application under subsection (3) or (4);
(b) the end of 30 days after the application was referred to the ABA.
(6) If the ACA refuses to transfer a datacasting transmitter licence because of a direction under subsection (3), the notice of refusal must be accompanied by a copy of the direction.
(7) For the purposes of this section, the transfer of a datacasting transmitter licence results in a breach of the BSA control rules if, and only if, the transfer of the licence would result in a breach of:
(a) section 54A or 56A of the
Broadcasting Services Act 1992 ; or(b) clause 41 of Schedule 6 to the
Broadcasting Services Act 1992 .
Repeal the Division.
After “126”, insert “or 128C”.
Before “, or any”, insert “or 128D”.
Omit “or 109(1)(f)”, substitute “, 109(1)(f) or 109A(1)(k)”.
Insert:
Insert:
(eb) refusal to issue a datacasting transmitter licence under section 102B otherwise than because of a direction under subsection 102B(3);
Omit “or 109(1)(f)”, substitute “, 109(1)(f) or 109A(1)(k)”.
Add “otherwise than because of a direction under subsection 131ACA(3)”.
Insert:
An application may be made to the AAT for a review of any of the following decisions made by the ABA:
(a) a decision to give a direction under subsection 102B(3);
(b) a decision to give a direction as mentioned in subsection 106(6A);
(c) a decision to give a direction under subsection 114(3C);
(d) a decision to give a direction under subsection 128C(1);
(e) a decision to give a direction under subsection 128D(1);
(f) a decision to give a direction under subsection 131ACA(3).
If the ABA makes a decision that is reviewable under section 292A, the ABA is to include in the document by which the decision is notified:
(a) a statement setting out the reasons for the decision; and
(b) a statement to the effect that an application may be made to the AAT for a review of the decision.
(1) The regulations may make provision for matters of a transitional nature arising from the amendments made by Part 1 of this Schedule.
(2) The Governor‑General may make regulations for the purposes of subitem (1).
After “broadcasting”, insert “, datacasting”.
After “its program material” (wherever occurring), insert “and its datacasting content”.
Omit “or broadcasting”, substitute “, broadcasting or datacasting”.
Omit “or broadcasting”, substitute “, broadcasting or datacasting”.
Omit “or broadcasting”, substitute “, broadcasting or datacasting”.
Omit “or broadcasting”, substitute “, broadcasting or datacasting”.
7 Section 8 (at the end of the definition of broadcast ) Add:
; or (c) a datacasting service within the meaning of the
Broadcasting Services Act 1992 .
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