Broadcasting Services (Digital Television Standards) Regulations 2000 (Cth)

Broadcasting Services (Digital Television Standards) Regulations 2000

Statutory Rules 2000 No. 313 as amended

made under the

Broadcasting Services Act 1992

This compilation was prepared on 28 April 2007

taking into account amendments up to SLI 2007 No. 109

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary

Part 4 HDTV quotas: reporting and record keeping

 

Part 1Preliminary

  

1.01Name of Regulations [see Note 1]

 These Regulations are the Broadcasting Services (Digital Television Standards) Regulations 2000.

1.02Commencement [see Note 1]

 These Regulations commence as follows:

1. (a)

   on gazettal — Part 1;

2. (b)

   on the commencement of item 126 of Schedule 1 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 — the remainder.

1.03Definitions

 In these Regulations:

Act means the Broadcasting Services Act 1992.

archival material means material described in that way in subclause 37L (3) of Schedule 4 to the Act.

commercial television broadcasting licensee means the holder of a commercial television broadcasting licence.

Note   See subsection 6 (1) of the Act for the definition of commercial television broadcasting licence.

HDTV quota:

1. (a)

   for a commercial television broadcasting licensee — has the meaning given by subclause 37E (2A) of Schedule 4 to the Act; and

2. (b)

   for a national broadcaster — has the meaning given by subclause 37F (2A) of Schedule 4 to the Act.

HDTV quota period:

1. (a)

   for a commercial television broadcasting licensee — has the meaning given by subclause 37E (2) of Schedule 4 to the Act; and

2. (b)

   for a national broadcaster — has the meaning given by subclause 37F (2) of Schedule 4 to the Act.

high‑definition television program has the meaning given by clause 37L of Schedule 4 to the Act.

incidental material has the meaning given by subclause 37L (6) of Schedule 4 to the Act.

prime viewing hours has the meaning given by clause 37M of Schedule 4 to the Act.

television broadcaster means:

1. (a)

   a commercial television broadcasting licensee; or

2. (b)

   a national broadcaster.

television program has the meaning given by subclause 37L (6) of Schedule 4 to the Act.

Part 4HDTV quotas: reporting and record keeping

  

4.01Reporting to ACMA

1. (1)

   A television broadcaster must give ACMA interim and consolidated annual reports in accordance with these Regulations.

2. (2)

   An interim report relates to a period from 1 January to 30 June (inclusive) in each year of the HDTV quota period, unless subregulation (4) applies to the television broadcaster.

3. (3)

   A consolidated annual report relates to each full calendar year of the HDTV quota period, unless subregulation (4) applies to the television broadcaster.

4. (4)

   Interim and annual reports are required for the HDTV quota period in accordance with the table.

Item	If the television broadcaster’s HDTV quota period commences…	an interim report …	and an annual report …
1	on or before 30 June in a year but after 1 January in that same year	is required from commencement until 30 June in that year	is required from commencement until 31 December in that year
2	after 30 June in a year	is not required	is required from commencement until 31 December in that year

1. (5)

   If a HDTV quota period ends on a date other than 31 December, the broadcaster’s reports are to be submitted as if the period ended on 31 December of that year.

2. (6)

   A report must be given within 30 days after the end of the period to which the report relates, or within any longer period agreed to by ACMA.

3. (7)

   A report must set out the following information, for each month of the period to which the report relates:

   1. (a)

      the total number of hours of high‑definition television programs transmitted by the television broadcaster;

   2. (b)

      the total number of hours of high‑definition television programs transmitted by the television broadcaster in prime viewing hours;

   3. (c)

      if the television broadcaster is a commercial television broadcasting licensee and 1 or more high‑definition television programs transmitted by the television broadcaster in the month contain archival material:

      1. (i)

         the total duration of those programs; and

      2. (ii)

         the total duration of the archival material; and

      3. (iii)

         the maximum proportion of archival material contained in any of the programs transmitted in the month.

4. (8)

   A report must be in a form approved by ACMA.

4.02Secretary or SES employee may request copy of report

 If the Secretary, an SES employee or an acting SES employee of the Department requests ACMA to give him or her a copy of a report given to ACMA under regulation 4.01, ACMA must comply with the request as soon as practicable.

4.03Keeping records

1. (1)

   A television broadcaster must make and keep a record for:

   1. (a)

      each television program transmitted by the television broadcaster that is entirely, or in part, a high‑definition television program; and

   2. (b)

      incidental material that:

      1. (i)

         is transmitted during or between television programs; and

      2. (ii)

         is a high‑definition television program (but is not incidental material mentioned in paragraph 37L (1) (c) or (2) (e) of Schedule 4 to the Act);

   that the television broadcaster wishes to count towards the HDTV quota.

   Note   Subregulation (1) does not require a television broadcaster to keep a separate record of incidental material transmitted during a high‑definition television program.

2. (2)

   The record must include the following information:

   1. (a)

      the title of the program;

   2. (b)

      the date of transmission;

    (c) the duration of the transmission;

   1. (d)

      for a commercial television broadcasting licensee — the duration of archival material (if any) contained in the program;

   2. (e)

      any other information that ACMA has told the broadcaster, in writing, to include in the record.

3. (3)

   If ACMA tells a television broadcaster, in writing, to keep the record in a particular form, the television broadcaster must keep the record in that form.

4. (4)

   The television broadcaster must keep the record for 18 months after the transmission of the program was first reported in accordance with regulation 4.01.

5. (5)

   If ACMA requests a television broadcaster, in writing, to give it a copy of a record kept under this regulation, the broadcaster must comply with the request.

4.04Secretary or SES employee may request copy of record

 If the Secretary, an SES employee or an acting SES employee of the Department requests ACMA to give him or her a copy of a record that was given to ACMA under subregulation 4.03 (5), ACMA must comply with the request as soon as practicable.

Notes to the Broadcasting Services (Digital Television Standards) Regulations 2000

Note 1

The Broadcasting Services (Digital Television Standards) Regulations 2000 (in force under the Broadcasting Services Act 1992) as shown in this compilation comprise Statutory Rules 2000 No. 313 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
2000 No. 313	29 Nov 2000	Part 1: 29 Nov 2000 Remainder: 1 Jan 2001 (see r. 2 (b) and Gazette 2000 No. GN50)
2002 No. 335	20 Dec 2002	1 Jan 2003	—
2003 No. 146	26 June 2003	26 June 2003	—
2003 No. 310	11 Dec 2003	12 Dec 2003 (see r. 2 and Gazette 2003, No. GN49)	—
2007 No. 109	27 April 2007 (see F2007L01116)	28 April 2007	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
Heading to r. 1.03.................	rs. 2003 No. 146
R. 1.03....................................	am. 2003 No. 146; 2007 No. 109
Part 2......................................	rep. 2007 No. 109
R. 2.01....................................	rep. 2007 No. 109
R. 2.02....................................	rep. 2007 No. 109
Part 3......................................	rep. 2007 No. 109
R. 3.01....................................	rep. 2007 No. 109
Part 4
Part 4......................................	ad. 2003 No. 146
R. 4.01....................................	ad. 2003 No. 146
rs. 2007 No. 109
R. 4.02....................................	ad. 2003 No. 146
am. 2007 No. 109
R. 4.03....................................	ad. 2003 No. 146
am. 2007 No. 109
R. 4.04....................................	ad. 2003 No. 146
am. 2007 No. 109
Schedule 1.............................	am. 2002 No. 335; 2003 Nos. 146 and 310
rep. 2007 No. 109
Schedule 2.............................	am. 2002 No. 335; 2003 No. 146
rep. 2007 No. 109
Schedule 3.............................	rep. 2007 No. 109