Broadcasting Services (Australian Content) Standard Variation 2010 (No. 1) (Cth)

Case

Broadcasting Services (Australian Content) Standard Variation 2010 (No. 1)1

Broadcasting Services Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this instrument under subsection 122 (1) of the Broadcasting Services Act 1992.

Dated 19th November 2010

Chris Chapman

[signed]
Member


Richard Bean

[signed]
Member


Australian Communications and Media Authority

  1. Name of instrument

This instrument is the Broadcasting Services (Australian Content) Standard Variation 2010 (No. 1).

  1. Commencement

This instrument commences on the day after it is registered.

  1. Variation of Broadcasting Services (Australian Content) Standard 2005

Schedule 1 varies the Broadcasting Services (Australian Content) Standard 2005.

Schedule 1        Variations

(section 3)

[1]           Section 6, after definition of C band

insert

commences to provide a commercial television broadcasting service has the meaning given by section 6B.

[2]           Section 6, after definition of program supplier

insert

pro rata formula has the meaning given by section 6C.

[3]           After section 6A

insert

6B           Commencement of commercial television broadcasting service

A licensee commences to provide a commercial television broadcasting service on the earlier of the following days:

(a)    the day the licensee commences broadcasting;

(b)    the day the licensee is required to commence providing a commercial television broadcasting service under the licensee’s licence conditions.

6C           Meaning of pro rata formula

(1)   Pro rata formula means:

where:

X is the number of days remaining in a quota period on the day a licensee commences to provide a commercial television broadcasting service.

Y is the number of days in a quota period.

Z is the content quota.

(2)   In subsection (1):

content quota means the drama scores or hours of broadcast that a licensee is required to meet under this standard.

quota period means the 3 year period or year to which a content quota applies.

[4]           After Part 4

insert

Part 4A               Application

8A           Application of this standard

(1)   This section applies to a licence allocated after 30 December 2005.

(2)   Parts 5 to 9 only apply to a licensee on and after the day the licensee commences to provide a commercial television broadcasting service.

[5]           Subsection 10 (1)

omit

subsections (3),

insert

subsections (1A), (3),

[6]           After subsection 10 (1)

insert

(1A)   If a licensee commences to provide a commercial television broadcasting service on or after 2 January in the first year of a 3 year period, the drama scores for that 3 year period are worked out using the pro rata formula.

[7]           Subsection 10 (2)

omit

subsections (3),

insert

subsections (2A), (3),

[8]           After subsection 10 (2)

insert

(2A)   If a licensee commences to provide a commercial television broadcasting service on or after 2 January in a year, the drama scores for that year are worked out using the pro rata formula.

[9]           Subsection 12 (1)

omit

subsections (3)

insert

subsections (1A), (3)

[10]         After subsection 12 (1)

insert

(1A)   If a licensee commences to provide a commercial television broadcasting service on or after 2 January in the first year of a 3 year period, the hours of broadcast for that 3 year period are worked out using the pro rata formula.

[11]         Subsection 12 (2)

omit

subsections (3)

insert

subsections (2A), (3)

[12]         After subsection 12 (2)

insert

(2A)   If a licensee commences to provide a commercial television broadcasting service on or after 2 January in a year, the hours of broadcast for that year are worked out using the pro rata formula.

[13]         Section 13

omit

A licensee

insert

(1)   Subject to subsection (2), a licensee

[14]         Section 13

insert

(2)   If a licensee commences to provide a commercial television broadcasting service on or after 2 January in a year, the hours of broadcast for that year are worked out using the pro rata formula.

[15]         Section 16

omit

In each year,

insert

(1)   Subject to subsection (2), in each year,

[16]         Section 16

insert

(2)   If a licensee commences to provide a commercial television broadcasting service on or after 2 January in a year, the hours of broadcast for that year are worked out using the pro rata formula.

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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