Broadcasting Services (Subscription Television Broadcasting) Amendment
Act 1992
No. 171 of 1992
An Act to amend the Broadcasting Services Act 1992 to include provisions relating to subscription television broadcasting services
[Assented to 11 December 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Broadcasting Services (Subscription Television Broadcasting) Amendment Act 1992.
(2) In this Act, “Principal Act” means the Broadcasting Services Act 1992.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
3. After Part 6 of the Principal Act the following Part is inserted:
“PART 7—SUBSCRIPTION TELEVISION BROADCASTING SERVICES
“Division 1—Allocation of subscription television broadcasting licences
Minister to determine allocation system for satellite licences allocated before 1 July 1997
“93.(1) The Minister is to determine in writing a price-based allocation system for allocating 2 licences (‘licence A’ and ‘licence B’) each of which allows the provision of up to 4 subscription television broadcasting services with the use of a subscription television satellite.
“(2) After licence A and licence B have been allocated, the Minister is to allocate to a subsidiary of the Australian Broadcasting Corporation nominated by that corporation a licence (‘licence C’) which allows the provision of up to 2 subscription television broadcasting services with the use of a subscription television satellite.
“(3) The allocation of licence C is subject to such terms and conditions as the Minister determines in writing, and those conditions are to include a condition requiring the establishment of a corporate structure separate to the Australian Broadcasting Corporation to manage and operate services under the licence.
“(4) Conditions determined under subsection (3) are to be conditions of licence C.
“(5) The price-based allocation system may provide that the ABA is to allocate the licences, and may require an application fee.
“(6) If the Minister decides, in accordance with the price-based allocation system, that a licence referred to in subsection (1) is to be allocated to a particular person, the Minister may direct the ABA to allocate that licence to that person and, subject to section 98, the ABA must allocate that licence to that person.
“(7) A subscription television broadcasting licence must not be allocated under this section if the Trade Practices Commission has reported, within 45 days after being requested for a report under section 97, that, in the opinion of the Trade Practices Commission, the allocation of the licence to the applicant would, if Part IV of the Trade Practices Act 1974 applied to the allocation of the licence, constitute a contravention of that Part of that Act.
“(8) When licence A or licence B is allocated, the Minister must publish in the Gazette the name of the successful applicant and the amount that the applicant agreed to pay to the Commonwealth for the allocation of the licence.
Transmission system standards
“94.(1) If, after licence A and licence B have been allocated, both licensee A and licensee B agree…
Overview
The Broadcasting Services (Subscription Television Broadcasting) Amendment Act 1992 was enacted by the Parliament of Australia to address the need for specific regulations and provisions concerning subscription television broadcasting services, which were not sufficiently covered under the existing Broadcasting Services Act 1992. This amendment introduced detailed provisions regarding the allocation, operation, and regulation of subscription television broadcasting licences, including the establishment of a price-based allocation system for satellite licences, the determination of transmission system standards, and the imposition of various conditions and restrictions on licensees to ensure compliance with national standards and to prevent anti-competitive practices. The policy objective behind this amendment was to create a transparent, fair, and competitive framework for the subscription television broadcasting industry in Australia.
Scope and Application
The Broadcasting Services (Subscription Television Broadcasting) Amendment Act 1992 amends the Broadcasting Services Act 1992 to include provisions specific to subscription television broadcasting services. The Act applies to entities seeking subscription television broadcasting licences, including those who wish to provide services using a subscription television satellite. The Act establishes a price-based system for allocating two initial satellite licences (licence A and licence B) and a subsequent licence (licence C) to a subsidiary of the Australian Broadcasting Corporation, subject to specific terms and conditions. The Act also sets out conditions for the allocation of other subscription television broadcasting licences, including suitability criteria and consultation with the Trade Practices Commission. Geographic reach of the Act is nationwide, applying to entities across Australia. Certain exclusions include the prohibition on allocating licences to entities not meeting the specified criteria and the prohibition on broadcasting advertisements or sponsorship announcements before 1 July 1997. The application of the Act may be extended or restricted through subordinate instruments, such as regulations or codes of practice, which can be amended by Parliament.
Key Provisions
- The Broadcasting Services (Subscription Television Broadcasting) Amendment Act 1992 primarily deals with the allocation and conditions of subscription television broadcasting licenses. Under section 93, the Minister is required to determine a price-based allocation system for two satellite licenses (licence A and licence B), each allowing the provision of up to four subscription television broadcasting services. Additionally, a licence (licence C) must be allocated to a subsidiary of the Australian Broadcasting Corporation, subject to certain conditions, including the establishment of a separate corporate structure to manage and operate services under the licence. The allocation of these licenses is subject to several conditions, including that the Australian Broadcasting Authority (ABA) must not allocate a license if the Trade Practices Commission has reported that the allocation would contravene certain provisions of the Trade Practices Act 1974. Furthermore, the Act outlines specific conditions for the allocation of other subscription television broadcasting licenses under section 96, including a prohibition on satellite-based licenses before 1 July 1997.
- The Act imposes various obligations and requirements on the parties involved. For instance, under section 94, if both licensees A and B agree on a standard for a full digital transmission system, the Minister must declare that standard to be used by all satellite subscription television broadcasting licensees. If the licensees do not agree, the Minister must choose and declare a standard, considering relevant international standards and consulting with the satellite operator. Additionally, section 98 mandates that the ABA must not allocate a subscription television broadcasting license to a company if it is satisfied that allocating the license would lead to a significant risk of an offence being committed or a breach of license conditions occurring. The ABA must consider various factors, including the business and trust records of the company and any individuals who would exercise control over the license.
- The Act also includes provisions for offences, penalties, and consequences for breaches. For instance, under section 111, the Act incorporates provisions from Divisions 7 and 8 of Part 5, which deal with offences for breaches, applying them to Division 3 of this Part. Additionally, section 115 allows the Minister to specify events that should be available free to the general public, with the power to amend or remove such events under certain conditions. The Act includes a penalty of $50,000 for certain notification provisions under section 112, although these cease to have effect on 1 July 1997. Non-compliance with the Act’s provisions could result in administrative, civil, or criminal penalties, depending on the nature and severity of the breach.
- Area of Law
- Media & Entertainment Law
- Instrument
- Amending Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Regulatory Standards