Commercial Television Conversion Scheme 1999 (Cth)
Commercial Television Conversion Scheme 1999
as amended
made under subclause 6 (1) of Schedule 4 to the
Broadcasting Services Act 1992
This compilation was prepared on 23 November 2011
taking into account amendments up to Commercial Television Conversion
Scheme Variation 2011 (No. 2)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1Introduction
1Name of scheme [see Note 1] 8
2Commencement [see Note 1] 8
3Definitions — the dictionary etc 8
3AApplication 8
4Publication 9
5Notes 9
Part ALicence areas that are not remote licence areas
Division 1Technical documents
6Documents about technical matters 11
Division 2Digital channel plan
7Digital channel plan 11
8Content of digital channel plan 12
9Preparing draft digital channel plan 13
10Notice inviting comments on draft digital channel plan 14
11Revising draft digital channel plan 14
12Making digital channel plan 14
13Varying digital channel plan 14
14Varying characteristics and plans 15
Division 3Implementation plans
Subdivision A Purpose of implementation plans
15Purpose 15
Subdivision B Approval of documents
17Form of implementation plan 16
18Application form for approval of implementation plan 17
19Application form — essential content 17
20Application form — optional content 18
Subdivision D Approval of implementation plans
25Application for approval of implementation plan 18
27Application date for implementation plans 19
28Considering the implementation plan 20
29Reduction in coverage and quality of analog transmission 21
30Location of transmitters 22
31Further information about application 22
32Decision on application 22
33New implementation plan 23
34Date of effect of approved implementation plan 24
35Register of approved implementation plans 24
Subdivision E Transmitter licences
36Transmitter licence 24
Division 4Variation of approved implementation plan
37Application form for approval of variation 25
38Application for approval of variation 25
38AHolder must apply for variation in certain circumstances 26
38BReduction in coverage and quality of analog transmission 27
39Considering application for variation 27
40Variation of implementation plan in a series 28
41Decision on variation 29
42Date of effect of variation 29
43Register of approved implementation plans 29
44Transmitter licence 29
Division 5Circumstances where there is no approved implementation plan
45No implementation plan 30
Division 6Datacasting services
46Use of transmission capacity for datacasting services 30
Division 7Starting SDTV digital transmission
47Starting SDTV digital transmissions (metropolitan licence area) 31
48Starting SDTV digital transmissions (regional licence area) 31
49Simulcast period 31
Division 8Problems with starting or maintaining SDTV digital transmission
50Surrender of transmitter licence (failure to commence SDTV digital transmission) 32
51Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period) 33
52Surrender of transmitter licence (SDTV or HDTV requirements contravened) 34
53Replacement transmitter licence after HDTV requirements contravened 35
Division 8A Requirements for local market areas and digital‑only local market areas
53CEnd of analog transmission in digital‑only local market area and surrender of licences 36
Division 9End of simulcast period
57End of analog transmission and surrender of licences 36
Division 10Test transmissions
Subdivision A Test transmissions
59Test transmissions 37
Subdivision B Approval of application form
60Application form for approval of testing 37
61Application form — essential content 37
62Application form — optional content 38
Subdivision C Approval to transmit on a test basis
63Application for approval to transmit on test basis 38
64Considering decision 39
65Further information about application 39
66Decision on application 39
Subdivision D Test transmissions if there is no digital channel plan
67Application of Subdivision D 40
68Allocation of spectrum 40
69the ACMA to issue transmitter licence 41
Subdivision E Test transmissions if there is a digital channel plan (tests using allotted channel)
70Application of Subdivision E 42
71the ACMA to issue transmitter licence 42
Subdivision F Test transmissions if there is a digital channel plan (tests not using allotted channel)
72Application of Subdivision F 43
73Allocation of spectrum 43
74the ACMA to issue transmitter licence 43
Subdivision G Test data
75Test data 45
Division 11Transmission in regional licence area before start of simulcast period
76Division 11 does not apply to testing 46
77Application form for approval to transmit before start of simulcast period 46
78Application form — content 46
79Application for approval to transmit before start of simulcast period 46
80Considering decision on application 46
81Further information about application 47
82Decision on application 47
83Transmitter licence — general 47
84Transmitter licence — no application for approval of implementation plan by application date 48
85Transmitter licence — unapproved application for approval of implementation plan by application date 49
86Transmitter licence — no application, or unapproved application, for approval of implementation plan by start of simulcast period 50
87Transmitter licence — starting before start date 52
Division 12Other consultation
88Consultation with holders of commercial television broadcasting licences 52
89Consultation with tower owners and tower operators 52
Part BRemote licence areas
Division 1Policy objectives
90Policy objectives for Part B 53
Division 2Technical documents
91Documents about technical matters 55
Division 3Digital channel plan
92Digital channel plan 56
93Content of digital channel plan 57
94Preparing draft digital channel plan 58
95Notice inviting comments on draft digital channel plan 59
96Revising draft digital channel plan 59
97Making digital channel plan 59
98Varying digital channel plan 59
99First digital channel plan 60
Division 4Implementation plans
Subdivision A Purpose of implementation plans
100Purpose 61
Subdivision B Approval of documents
101Form of implementation plan 62
102Application form for approval of implementation plan 63
103Application form — essential content 63
104Application form — optional content 63
Subdivision C Approval of implementation plans
105Application for approval of implementation plan 64
106Application dates — implementation plans 64
107Considering the implementation plan 65
108Reduction in coverage and quality of analog transmission 66
109Location of transmitters 67
110Further information about application 67
111Decision on application 68
112New implementation plan 68
113Date of effect of approved implementation plan 69
114Register of approved implementation plans 69
Subdivision D Transmitter licences
115Transmitter licences 69
Subdivision E Variation of approved implementation plan
119Application form for approval of variation 70
120Application for approval of variation 71
120AHolder must apply for variation in certain circumstances 71
120BReduction in coverage and quality of analog transmission 72
121Considering application for variation 73
122Variation of implementation plan in a series 73
123Decision on variation 74
124Date of effect of variation 74
125Register of approved implementation plans 75
126Transmitter licence 75
Subdivision F Circumstances where there is no approved implementation plan
127No implementation plan 75
Division 5Datacasting services
128Use of transmission capacity for datacasting services 76
Division 7Starting SDTV digital transmission
138Starting SDTV digital transmissions 76
139Simulcast period 77
Division 8Problems with starting or maintaining SDTV digital transmission
140Surrender of transmitter licence (failure to commence SDTV digital transmission) 78
141Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period) 78
142Surrender of transmitter licence (SDTV or HDTV requirements contravened) 79
143Replacement transmitter licence after HDTV requirements contravened 80
Division 8A Requirements for local market areas and digital‑only local market areas
143CEnd of analog transmission in digital‑only local market area and surrender of licences 81
Division 9End of simulcast period
147End of analog transmission and surrender of licences 81
Division 10Test transmissions
Subdivision A Test transmissions
149Test transmissions 82
Subdivision B Approval of application form
150Application form for approval of testing 83
151Application form — essential content 83
152Application form — optional content 83
Subdivision C Approval to transmit on a test basis
153Application for approval to transmit on test basis 84
154Considering decision 84
155Further information about application 85
156Decision on application 85
Subdivision D Test transmissions if there is no digital channel plan
157Application of Subdivision D 86
158Allocation of spectrum 86
159the ACMA to issue transmitter licence 86
Subdivision E Test transmissions if there is a digital channel plan (tests using allotted channel)
160Application of Subdivision E 88
161the ACMA to issue transmitter licence 88
Subdivision F Test transmissions if there is a digital channel plan (tests not using allotted channel)
162Application of Subdivision F 89
163Allocation of spectrum 89
164the ACMA to issue transmitter licence 90
Subdivision G Test data
165Test data 91
Division 11Transmission in licence area before start of simulcast period
166Division 11 does not apply to testing 92
167Application form for approval to transmit before start of simulcast period 92
168Application form — content 92
169Application for approval to transmit before start of simulcast period 92
170Considering decision on application 92
171Further information about application 93
172Decision on application 93
173Transmitter licence — general 93
Division 12Action by the ACMA — holder not complying with Part B of this scheme
174Action by the ACMA if holder reduces quality or coverage of analog service — election under Act 95
175Action by the ACMA if holder not broadcasting identical programs in analog and digital modes before simulcast period has commenced 95
176Digital Transmitter licences 96
Division 13Consultation
178Consultation with holders 97
179Consultation with tower owners and tower operators 97
180Consultation with owners and operators of satellite transmission facilities 97
Dictionary98
Notes 101
Part 1 Introduction
Name of scheme [see Note 1]
This scheme is the Commercial Television Conversion Scheme 1999.
Commencement [see Note 1]
This scheme commences on gazettal.
Definitions — the dictionary etc
(1) The dictionary at the end of this scheme defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in this scheme (signpost definitions).
Example
The signpost definition ‘remote licence area see clause 5 of Schedule 4 to the Act.’ means that the expression remote licence area is defined in clause 5 of Schedule 4 to the Act.
Note The dictionary only includes a signpost definition for a word or expression if the word or expression is used in more than 1 section.
(2) The dictionary is part of this scheme.
(3) A definition in this scheme applies to each use of the word or expression in the scheme, unless the contrary intention appears.
3A Application
(1) This Scheme applies to commercial television broadcasting services, but does not apply:
(a) to HDTV multi‑channelled commercial television broadcasting services; and
(aa) to SDTV multi-channelled commercial television broadcasting services, other than a holder’s primary commercial television broadcasting service; and
(b) in relation to a commercial television broadcasting licence if the licence was allocated under section 36 of the Act on or after 1 January 2007; and
(c) in relation to a commercial television broadcasting licence if the licence was allocated under subsection 40 (1) of the Act on or after 1 January 2007; and
(d) in relation to a commercial television broadcasting licence if the licence was allocated under section 38C of the Act.
(2) In this scheme, for the purposes of considering whether the transmission of a service in SDTV digital mode achieved the same level of coverage and potential reception quality as was achieved by the transmission of the service in analog mode at a particular time, disregard:
(a) any transmissions in SDTV digital mode made under a licence allocated under section 38C of the Act; and
(b) any transmissions made by a transmitter used for transmitting one or more commercial television broadcasting services in SDTV digital mode, authorised to operate under a transmitter licence issued under section 100 of the Radiocommunications Act 1992.
Publication
(1) If this scheme requires the ACMA to publish a notice, the ACMA must publish it in at least 1 of the following ways:
(a) publishing it in a national newspaper;
(b) publishing it in each State and Territory in a daily newspaper circulating generally in the State or Territory;
(c) publishing it in the Gazette;
(d) publishing it on the ACMA’s Internet site.
(2) However, if the ACMA decides that the notice is of significance only to 1 or more States or Territories, the ACMA is only required to publish it in each relevant State or Territory in a daily newspaper circulating generally in the State or Territory.
(3) As well as complying with subsection (1) or (2), the ACMA may publish the notice, statement or document in other ways.
Examples of other publication
Publication on the Internet, or in an industry or consumer publication.
Notes
A note in this scheme is an explanatory note, and does not form part of this scheme.
Note: simplified outline of the conversion scheme
Schedule 4 to the Broadcasting Services Act 1992 sets out arrangements for the conversion, over time, of the transmission of television broadcasting services from analog mode to digital mode.
A program or service is broadcast or transmitted in analog mode if the program or service is broadcast or transmitted using an analog modulation technique.
A program or service is broadcast or transmitted in digital mode if the program or service is broadcast or transmitted using a digital modulation technique.
Under the arrangements:
· the ACMA is to formulate 2 schemes for conversion: a commercial television conversion scheme and a national television conversion scheme.
· There is to be a simulcast period throughout which broadcasters are to transmit their television programs in analog and SDTV digital modes.
· At the end of the simulcast period, analog transmissions are to cease.
· Broadcasters will be allowed to use spare transmission capacity on digital transmission channels to provide datacasting services.
· Owners and operators of broadcasting transmission towers must give digital broadcasters and datacasters access to the towers for the purposes of installing or maintaining digital transmitters.
· There are to be reviews before 1 January 2002, 1 January 2004, 1 January 2005 and 1 January 2006 of certain elements of the digital television regulatory regime.
The commercial television conversion scheme is to be divided into 2 Parts:
· Part A is to deal with licence areas that are not remote licence areas.
· Part B is to deal with remote licence areas.
Part A is itself divided into Divisions:
· Divisions 1 to 9 set out a core implementation process that will be followed by all broadcasters. The core process requires detailed preparatory documents, the approval of plans by the ACMA, the issuing of transmitter licences, the formal start of the simulcast period and the winding‑up of existing analog broadcasting arrangements.
· Division 10 sets out special circumstances in which a broadcaster may obtain the ACMA’s approval to transmit in digital mode, before the core process is completed, to test the broadcaster’s ability to broadcast.
· Division 11 sets out other circumstances in which a broadcaster may obtain the ACMA’s approval to transmit in digital mode before the core process is completed.
· Division 12 sets out administrative arrangements related to the conversion process.
Part A Licence areas that are not remote licence areas
Division 1 Technical documents
Documents about technical matters
(1) the ACMA must prepare a document explaining the technical assumptions to which it will have regard when considering whether the transmission of a commercial television broadcasting service in SDTV digital mode will achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.
Note Establishing the same level of coverage and potential reception quality for transmissions is one of the objectives of this scheme: see Act, paragraph 6 (3) (f) of Schedule 4.
(2) the ACMA may also prepare a document explaining other general technical assumptions to which it will have regard when preparing or making a digital channel plan under Division 2.
(3) If the ACMA prepares a document, it must publish a notice explaining where copies of the document may be obtained.
Note the ACMA’s options for publishing the document are in section 4.
(4) the ACMA may, at any time, vary a document it has prepared.
(5) If the ACMA varies the document, it must publish a notice explaining where copies of the variation (or the document as varied) may be obtained.
Note the ACMA’s options for publishing the document are in section 4.
Division 2 Digital channel plan
Digital channel plan
(1) The allotment of additional channels to holders, allowing the holders to transmit programs in analog and digital modes during a simulcast period, will be done in a digital channel plan made by the ACMA under section 12.
(1A) Subject to subsection (1B), a digital channel plan may allot channels to holders in a licence area, allowing the holders to transmit in digital mode after a simulcast period for the licence area.
(1B) A digital channel plan must not allot channels to holders in a licence area if a television licence area plan for the licence area has come into force.
Note Clause 7AA of Schedule 4 to the Act provides that this Scheme, and a digital channel plan, to the extent to which they allot channels for a particular licence area, cease to have effect when the television licence area plan for that licence area comes into force.
(2) A digital channel plan may deal with:
(a) all licence areas (other than licence areas dealt with in Part B of this scheme); or
(b) 1 or more specified licence areas (other than licence areas dealt with in Part B of this scheme); or
(c) a specified part of a licence area (other than a specified part of a licence area dealt with in Part B of this Scheme).
Note As a result of subsection (2), there may be more than 1 document available at any time with the title digital channel plan.
(3) A digital channel plan may also deal with the allotment of additional channels to national broadcasters affected by the national television conversion scheme.
(4) A digital channel plan may also deal with the allotment of channels during a simulcast period to holders of commercial television broadcasting licences allocated under section 38B of the Act.
Content of digital channel plan
(1) A digital channel plan must allot channels to holders.
(2) A digital channel plan must also explain any technical limitations on the use of a particular channel that the ACMA believes should be shown.
(3) A digital channel plan must also explain whether the use of a channel depends on any event or circumstances described in the plan.
Example
If a channel is currently being used by another service, the use of the channel for digital transmission may depend on the other service vacating the channel, possibly by a particular date.
(4) If a holder has made an election under paragraph 6 (5A) (d) or (5AA) (d) of Schedule 4 to the Act and the election remains in force:
(a) a digital channel plan that relates to the holder may allot one or more channels to the holder for the purposes of transmitting the commercial television broadcasting services provided under the commercial television broadcasting licences referred to in whichever of paragraph (5A)(a) or (5AA)(a) is applicable; and
(b) a digital channel plan that relates to the holder must be directed towards the achievement of the applicable objectives mentioned in subclause 6 (5B) of Schedule 4 to the Act.
Note It is an objective in subclause 6 (5B) of Schedule 4 to the Act that a holder who makes an election under paragraph 6 (5A) (d) or (5AA) (d) of that Schedule is to be authorised, under one or more transmitter licences, to use one or more particular channels to transmit the commercial television broadcasting services to which the election relates in digital mode using multi‑channelling transmission capacity on each channel.
(5) If subsection (4) applies:
(a) a digital channel plan may reserve channels for when the election is revoked;
(b) if the election is not revoked before the end of the simulcast period for the relevant licence area — the ACMA may, at any time after the end of the simulcast period, vary the digital channel plan to remove a reservation mentioned in paragraph (a) under section 13 of this Scheme.
(7) A digital channel plan may include other matters.
Example
Whether there is any channel capacity available for uses other than the conversion of existing broadcasting services.
Preparing draft digital channel plan
(1) If the ACMA wishes to make a digital channel plan, it must prepare a draft version of the plan, having regard to the matters in this section.
(2) the ACMA must have regard to the need to plan the most efficient use of the spectrum for broadcasting services or other uses, including 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.
(3) the ACMA must have regard to the policy objectives of this scheme mentioned in subclause 6 (3) of Schedule 4 to the Act.
(4) the ACMA must have regard to the objectives set out in subclause 6 (5B) of Schedule 4 to the Act, for the purpose of ensuring that the digital channel plan makes arrangements for a holder that makes an election under paragraph 6 (5A) (d) or (5AA) (d) of that Schedule.
(5) Subsection (4) applies while the election remains in force.
(6) the ACMA may also have regard to the cost to holders, national broadcasters, tower owners, tower operators and site operators of:
(a) allotting particular channels; and
(b) digital transmission using the channels.
(7) the ACMA may also have regard to the likely cost, and disruption, to consumers caused by having to receive commercial television broadcasting services in digital mode using allotted channels.
(8) the ACMA may also have regard to any interference that digital transmission using a particular channel is likely to cause to analog transmission.
(9) If a regional equalisation plan is in force for a particular area, the ACMA may also have regard to the plan.
(10) the ACMA may also have regard to other matters it considers relevant.
Notice inviting comments on draft digital channel plan
If the ACMA prepares a draft digital channel plan, it must publish a notice:
(a) stating where copies of the draft plan may be obtained; and
(b) inviting comments on the draft plan in the period specified in the notice.
Note the ACMA’s options for publishing the notice are in section 4.
Revising draft digital channel plan
If the ACMA revises a draft digital channel plan, it must decide whether it is appropriate to invite comments under section 10 on the revised version.
Making digital channel plan
(1) the ACMA may make a digital channel plan at any time after completing its consultation.
(2) When considering the form of a plan, the ACMA must have regard to any comments it receives.
(3) If the ACMA makes a digital channel plan, it must publish a notice stating where copies of the plan may be obtained.
Note the ACMA’s options for publishing the notice are in section 4.
Varying digital channel plan
(1) This section applies if the ACMA wishes to vary a digital channel plan made, or taken to be made, for this Scheme.
(2) the ACMA must decide:
(a) whether it is appropriate to invite comments on the variation; and
(b) if so — whether it is appropriate for it to use the consultation procedure in section 10.
Note In some circumstances, it may be more efficient for the ACMA to use a different form of public consultation.
(3) If the ACMA invites comments, it must have regard to any comments it receives when considering the form of a variation.
(4) Also, the ACMA:
(a) must have regard to the matters in subsections 9 (2) and (3); and
(b) may have regard to the matters in subsections 9 (4) to (7) (inclusive).
(5) Also, if the variation is likely to have an effect on an approved implementation plan, or on an implementation plan that has been submitted to the ACMA, the ACMA must have regard to the effect of the variation on the approved implementation plan.
(5A) If the digital channel plan relates to a holder that has made an election under paragraph 6 (5A) (d) or (5AA) (d) of Schedule 4 to the Act and the election remains in force, the ACMA must have regard to the applicable objectives set out in subclause 6 (5B) of Schedule 4 to the Act.
(6) the ACMA may vary the digital channel plan:
(a) at any time after completing its consultation; or
(b) if there is no consultation — at any time.
(7) If the ACMA varies the digital channel plan, it must publish a notice stating where copies of the variation may be obtained.
Note the ACMA’s options for publishing the notice are in section 4.
Varying characteristics and plans
(1) If there is no licence area plan in force for a licence area, the ACMA may vary the characteristics, including technical specifications, of a broadcasting service available in the licence area.
Note Under subclause 10 (1) of Schedule 4 to the Act, if there is a frequency allotment plan or a licence area plan in force for the area, the ACMA may amend the plan through the commercial television conversion scheme itself.
(2) If the ACMA wishes to vary a characteristic, it must carry out the same consultations as are required under clause 18 of Schedule 4 to the Act for the variation of this scheme.
(3) the ACMA must issue or vary transmitter licences in a way that makes them consistent with the characteristics.
Note See subsection 111(5) of the Radiocommunications Act 1992.
Division 3 Implementation plans
Subdivision A Purpose of implementation plans
Purpose
(1) Under clause 9 of Schedule 4 to the Act, a holder must prepare, and submit to the ACMA, 1 or more implementation plans relating to digital transmission.
(2) Each holder will be required to prepare an implementation plan, and give the ACMA related information, to advise the ACMA of how the holder proposes to:
(a) transmit a commercial television broadcasting service in digital mode; and
(b) comply with the Act; and
(c) meet the objectives in subclause 6 (3) of Schedule 4 to the Act, and, in particular, paragraphs 6 (3) (f), (ga), (j) and (ja).
Note about implementation plans
The implementation plan is a key step in the digital conversion process.
It is a holder’s binding commitment, approved by the ACMA:
· to provide transmission of a commercial television broadcasting service in digital mode from specified sites; and
· to cover specified areas by specified dates;
to achieve the same level of coverage and potential reception quality as is achieved by the transmission of that service in analog mode.
Each holder for a licence area will be required to submit to the ACMA at least 1 implementation plan, dealing with important technical and administrative aspects of conversion to digital transmission in the area.
The holder may submit a single, comprehensive, plan for the area or the ACMA may allow the holder to submit a series of plans that develop the holder’s digital transmission arrangements for the area in stages.
the ACMA will assess the draft plan (or a plan that is part of a series), and approve or reject it.
An approved implementation plan is the basis on which the holder will convert to digital transmission. However, as conversion proceeds, the holder may arrange for an approved implementation plan to be varied to reflect changed circumstances or needs that arise.
Subdivision B Approval of documents
Form of implementation plan
(1) the ACMA must approve, in writing, the form of an implementation plan.
(1A) The plan must state:
(a) whether the plan constitutes the implementation plan for the licence area; or
(b) whether the plan is in a series of implementation plans that the holder intends to submit for the licence area.
(2) The plan must identify 1 or more sites that a holder proposes to use for digital transmission.
Note An implementation plan may not cover completely a whole licence area. Under Subdivision D of this Division, the ACMA may approve a proposal for a holder to submit a series of implementation plans that, when read together, will make comprehensive arrangements for the whole licence area.
(3) The plan must identify 1 or more transmitter coverage areas to be served by transmitters that the holder proposes to use for digital transmission.
(4) For each of those transmitters, the plan must identify the date by which the transmitter will be used for digital transmission.
(5) If the plan is the first in a series of plans, the plan must also state:
(a) that it is the first plan in a series of sequentially numbered implementation plans that the holder intends to submit for the licence area; and
(b) the total number of plans that the holder intends to submit for the licence area; and
(c) the dates by which the holder expects to submit each implementation plan in the series; and
(d) the geographic area to which an implementation plan in the series will apply; and
(e) the reason why it is not practicable to submit a single plan for the licence area.
(5A) A plan that is subsequent to the first in a series of plans must also state:
(a) the number of the implementation plan in the series of plans for the licence area; and
(b) the geographic area to which the implementation plan applies; and
(c) the dates by which the holder expects to submit any remaining implementation plan in the series; and
(d) if any previous implementation plan that is part of the series has been approved (an earlier approved plan), the details of the earlier approved plan, including:
(i) its number in the series; and
(ii) the date when it was approved; and
(e) if the plan expressly or impliedly varies an earlier approved plan, the change being made and the reason for the change.
(6) The plan may also deal with other relevant matters.
(7) the ACMA must publish a notice stating where copies of the form of implementation plan may be obtained.
Note the ACMA’s options for publishing the notice are in section 4.
Application form for approval of implementation plan
(1) the ACMA must approve, in writing, an application form for approval of an implementation plan.
(2) the ACMA must publish a notice stating where copies of the form may be obtained.
Note the ACMA’s options for publishing the notice are in section 4.
Application form — essential content
(1) The application form must require a holder to prepare the implementation plan using the approved form of the plan, and to submit the plan with the application form.
Note See section 17.
(2) For a holder for a regional licence area, the form must also require the holder to identify:
(a) the date on which the holder proposes to start digital transmission in the area; or
(b) the dates on which the holder proposes to start digital transmission in specified parts of the area.
Application form — optional content
(1) The application form may require a holder to give information about the site of each transmitter, including:
(a) the name of the site; and
(b) the Australian map grid reference.
(2) The form may require a holder to give information about the proposed emission characteristics of each transmitter, including:
(a) the frequency band; and
(b) the channel; and
(c) the polarisation; and
(d) the effective radiated power.
(3) The form may require a holder to state that the holder has access to each site and broadcasting transmission tower it is proposing to use.
(4) The form may require a holder to state that the holder has used its best endeavours to obtain any approvals required from third parties, and conducted necessary consultations.
Examples
1 Local government approval for use of a site.
2 Consultation with other holders about co‑location.
(5) The form may require a holder to carry out a test or other analysis described in the form.
(6) The form may require a holder to give the ACMA other relevant information.
Subdivision D Approval of implementation plans
Application for approval of implementation plan
(1) A holder must apply to the ACMA for approval of an implementation plan.
(2) The holder must apply using the approved application form, and prepare the plan in the approved form.
(3) To avoid doubt:
(a) strict compliance with the approved application form, and the approved form of the plan, is required; and
(b) section 25C of the Acts Interpretation Act 1901 does not apply to the approved application form and the approved form of the plan.
Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that it is permissible for a person to use a prescribed form, or to comply substantially with the prescribed form.
Application date for implementation plans
(1) the ACMA must identify a date on or before which a holder must apply for approval of an implementation plan for a licence area (the application date).
(2) The application date for a licence area must be:
(a) before the start of the simulcast period for the area; and
(b) after the ACMA has made a digital channel plan for any part of the area.
Note The simulcast period for each metropolitan licence area starts on 1 January 2001. The simulcast period for a regional licence area is set by the ACMA under section 48 of this Scheme.
(3) the ACMA must consult with all holders for the licence area about an appropriate application date for the area and may consult with other persons.
(4) the ACMA must advise each holder for the area of the application date as soon as practicable after it is identified.
(5) If, after identifying an application date for a licence area, the ACMA approves a proposal for a holder for the area to submit a series of implementation plans for the area:
(a) the holder is not required to submit a plan in the series on or before the application date; and
(b) the ACMA must identify another date which is the day on or before which a holder for the area must apply for approval of the first implementation plan in the series.
Example
A holder might intend to submit a single implementation plan for a whole area on or before the application date but then decide it would be more efficient to submit a series of plans.
(6) A date identified under paragraph (5) (b) must be before the start of the simulcast period for the area.
Note The simulcast period for each metropolitan licence area starts on 1 January 2001. The simulcast period for a regional licence area is set by the ACMA under section 48 of this Scheme.
(7) the ACMA must consult with all holders for the licence area about an appropriate date to be identified under paragraph 5 (b) and may consult with other persons.
(8) the ACMA must advise each holder for the licence area of a date identified under paragraph (5) (b) as soon as practicable after it is identified.
Considering the implementation plan
(1) the ACMA must consider whether an implementation plan is suitable for approval, having regard to:
(a) the criteria in this section; and
(b) other matters that it considers relevant to efficient digital transmission and the efficient use of spectrum.
(2) The application must be in strict compliance with the approved application form, and must have been made by the date specified under section 27.
(3) The application must deal adequately with the matters with which the holder was required to deal by the application form.
(4) Subject to subsection (8), the implementation plan must be consistent with the policy objectives in subclause 6 (3) of Schedule 4 to the Act, and, in particular, the objectives in paragraphs 6 (3) (f), (g), (ga), (j) and (ja).
(5) the ACMA must have regard to the following matters in considering the policy objective in paragraph 6 (3) (f) of Schedule 4 to the Act, and the proposed commercial television broadcasting service in SDTV digital mode:
(a) the technical assumptions published for subsection 6 (1);
(b) whether the proposed emission characteristics of the service are consistent with the technical specifications set out in the digital channel plan for the relevant licence area or part of the licence area;
(c) whether the proposed emission characteristics of the service are satisfactory to ensure that the median field strength of transmission beyond the licence area does not exceed the ACMA’s requirements;
(d) whether the service is likely to interfere with other services;
(e) whether the service will start on or before the start of the simulcast period;
(f) whether the policy objective will be met as soon as practicable after the start of the simulcast period;
(g) whether the holder proposes to transmit commercial television broadcasting services in analog and SDTV digital modes for the entire simulcast period;
(h) whether the holder has consulted other holders about the co‑location of the holders’ transmitters;
(i) whether the holder proposes to co‑locate its own transmitters for transmitting commercial television broadcasting services in analog and SDTV digital modes;
(j) whether the holder has access to each site and broadcasting transmission tower it is proposing to use.
Note Section 29 sets out an additional matter that applies in specific circumstances.
(6) However, if a holder has approval to submit a series of implementation plans for a licence area:
(a) the ACMA must also be satisfied that, if a plan in the series expressly or impliedly varies an earlier approved plan in the series, the variation is suitable for approval under Division 4; and
(b) the ACMA must have regard to the matters in subsection (5) for the whole licence area and for the part of the area to which a plan in the series relates.
Note The arrangements in an implementation plan in a series may provide adequately for a specific part of a licence area, but may be inadequate in the context of the whole licence area. the ACMA will consider both the immediate and future adequacy of the arrangements.
(7) If the plan is the first in a series of plans, the ACMA must consider, but is not required to agree to, the dates by which the holder expects to submit each implementation plan in the series.
(8) If a licence has been allocated to a holder under section 38B of the Act, the ACMA:
(a) must consider the policy objective in paragraph 6 (3) (g) of Schedule 4 to the Act; and
(b) must not consider the policy objectives in paragraphs 6 (3) (f), (ga), (j) and (ja) of that Schedule.
Note Licences issued under section 38B are not subject to the requirements of the Act relating to the simulcast period, as the service to which the licence relates must be provided only in digital mode: see subsection 38B (18).
Reduction in coverage and quality of analog transmission
(1) This section applies if:
(a) a holder for a licence area applies for approval of an implementation plan; and
(b) the holder has reduced the level of coverage and potential reception quality achieved by the transmission of the service in analog mode in the area from the level before Schedule 4 to the Act commenced.
(2) the ACMA may ask the holder, in writing, to explain how the holder will ensure that transmission of the service in SDTV digital mode will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the service in analog mode before the reduction.
(3) the ACMA is not required to consider the application while it is waiting for the information.
(4) If the ACMA acts under subsection (2), the holder’s implementation plan must ensure that transmission of the service in SDTV digital mode will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the service in analog mode before the reduction.
Location of transmitters
(1) This section applies if:
(a) a holder for a licence area applies for approval of an implementation plan; and
(b) it is not practicable for the holder to co‑locate, during the simulcast period for the licence area:
(i) a transmitter used by the holder to transmit the commercial television broadcasting service concerned in digital mode in that area; and
(ii) transmitters used by the holder to transmit that service in analog mode in that area.
Note See Act, Schedule 4, paragraph 6 (3) (g).
(2) the ACMA must be satisfied that the location of the holder’s transmitter in the holder’s implementation plan is appropriate, having regard to:
(a) the policy objectives of this scheme other than the objective in paragraph 6 (3) (g) of Schedule 4 to the Act; and
(b) the costs that the holder is likely to incur by choosing particular locations; and
(c) other matters relevant to the efficient use of transmitters, and the efficient use of spectrum.
Further information about application
(1) the ACMA may, in writing, ask a holder to do 1 or more of the following things to help the ACMA to consider its decision on an application for approval of an implementation plan:
(a) give the ACMA the information mentioned in the request;
(b) carry out a test or other analysis described in the request;
(c) do something else mentioned in the request.
(2) The request may be to do, or repeat, something that was required in the application form.
Note See subsections 20 (5) and (6).
(3) the ACMA is not required to consider the application while it is waiting for the holder to respond to the request.
Decision on application
(1) If the ACMA considers that the application is suitable for approval, the ACMA must, in writing:
(a) approve the application; and
(b) tell the holder of the decision as soon as practicable after approving the application.
(2) If the ACMA considers that the application is not suitable for approval, the ACMA must, in writing:
(a) refuse to approve the application; and
(b) tell the holder of the decision as soon as practicable after refusing to approve the application.
(3) If the ACMA refuses to approve the application, the ACMA may:
(a) decide a date on or before which the holder must apply for approval of another implementation plan; and
(b) tell the holder the date as soon as practicable.
Note A decision refusing to approve an application is reviewable by the AAT: see clause 62 of Schedule 4 to the Act.
(4) If the plan is the first in a series of plans, the ACMA must also decide as many of the following dates as the ACMA considers appropriate:
(a) dates on or before which the holder must apply for approval of implementation plans in the series;
(b) a date on or before which the holder must apply for approval of the last plan in the series.
Note Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with simulcasts starting at different times in different licence areas. To support the timetable, the dates decided under subsection (4) may be later than dates set by the ACMA for applications for approval of single plans for whole licence areas.
New implementation plan
(1) If the ACMA refuses to approve a holder’s implementation plan, the holder may apply for approval of another plan.
(2) The holder must apply for approval of the new plan by the date (if any) decided under paragraph 32 (3) (a).
(3) In preparing a new plan, the holder is not required to deal with the same area, transmitters or other matters dealt with in the plan that was refused.
(4) If the holder does not have approval to submit a series of plans for the licence area, the holder may apply for that approval after the plan has been refused.
Note After a refusal under section 32, it may be appropriate for the holder to change the holder’s plan to a series of plans.
(5) The holder must give the ACMA another application form with the implementation plan only if the ACMA asks the holder for it.
(6) The holder must complete the application form (if required), and prepare the plan, in the way described in section 25.
(7) the ACMA must deal with the application in the way described in sections 28 to 32 (inclusive).
Date of effect of approved implementation plan
(1) If the ACMA approves a holder’s application for approval of an implementation plan for a licence area, the plan takes effect as the holder’s approved implementation plan for the area on the day the ACMA approves the application.
(2) If a holder has approval to submit a series of implementation plans for a licence area, and the ACMA approves an application for approval of a plan in the series, the plan takes effect as the holder’s approved implementation plan for the appropriate part of the area on the day the ACMA approves the application.
Register of approved implementation plans
(1) the ACMA is to maintain a register of approved implementation plans.
(2) The register is to be open for public inspection, and a person is entitled to be given a copy of, or an extract from, any entry in the Register.
(3) the ACMA may supply copies of or extracts from the register certified by a member, and a copy or extract so certified is admissible in evidence in all courts and proceedings without further proof or production of the original.
Subdivision E Transmitter licences
Transmitter licence
(1) Subject to subsections (2), (3) and (4), if a holder’s implementation plan is approved, the ACMA must issue to the holder a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting the broadcasting service concerned in digital mode in accordance with the holder’s commercial television broadcasting licence.
Note See section 102A of the Radiocommunications Act 1992.
(2) If the holder already holds a suitable transmitter licence for the licence area concerned, because of the approval of a previous implementation plan in a series, the ACMA may vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).
Note In the course of approving a series of implementation plans, transmitter licences may be issued that will support later plans in the series. In those circumstances, it may not be necessary for a new transmitter licence to be issued after the approval of each plan in the series.
(3) If the holder already holds a transmitter licence for the licence area concerned, for test transmissions or for transmission in a regional area before the start of the simulcast period, the ACMA must vary the licence, if it is necessary, to give the authorisation mentioned in subsection (1).
Note Division 10 of this Part deals with transmitter licences issued to support test transmissions. Division 11 of this Part deals with transmitter licences issued to support transmission in a regional area before the start of the simulcast period.
(4) If a holder has made an election under paragraph 6 (5A) (d) or (5AA) (d) of Schedule 4 to the Act, the ACMA must ensure that the licence as issued or varied will, while the election remains in force, authorise the operation of 1 or more transmitters for transmitting the commercial television broadcasting services that are, in accordance with the election, to be transmitted using multi‑channelling transmission capacity.
Note See subclause 6 (5B) of Schedule 4 to the Act.
(5) the ACMA must also:
(a) identify conditions to which the licence should be subject, including (if appropriate) the date of effect of the licence; and
(b) issue or vary the licence including the conditions.
Note Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with simulcasts starting at different times in different licence areas. To support the timetable, the ACMA may have to set priorities for carrying out its responsibilities.
Division 4 Variation of approved implementation plan
Application form for approval of variation
(1) the ACMA must approve, in writing, an application form for approval of a variation of an approved implementation plan.
(2) The form may require a holder to give the ACMA information.
(3) the ACMA must publish a notice stating where copies of the form may be obtained.
Note the ACMA’s options for publishing the notice are in section 4.
Application for approval of variation
(1) A holder must apply to the ACMA for approval of a variation of an approved implementation plan.
(2) However, the holder is not required to apply for approval in the circumstances mentioned in section 40.
(3) The holder must apply using the approved application form.
(4) To avoid doubt:
(a) strict compliance with the approved application form is required; and
(b) section 25C of the Acts Interpretation Act 1901 does not apply to the approved application form.
Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that it is permissible for a person to use a prescribed form, or to comply substantially with the prescribed form.
(5) The holder’s application must deal with 1 approved implementation plan only.
38A Holder must apply for variation in certain circumstances
(1) A holder must apply to the ACMA for approval of a variation of the holder’s approved implementation plan if:
(a) the Minister has determined that a specified area within the licence area for the holder is a local market area that will become a digital‑only local market area; and
(b) the holder:
(i) has increased the level of coverage and potential reception quality of the holder’s service in analog mode in the specified area since the commencement of Schedule 4 to the Act and before the day the Minister makes the determination; or
(ii) increases the level of coverage and potential reception quality of the holder’s service in analog mode in the specified area on or after the day the Minister makes the determination.
(2) A holder must apply to the ACMA for approval of a variation of the holder’s approved implementation plan if:
(a) the Minister has determined that a specified area within the licence area for the holder is a local market area that will become a digital‑only local market area; and
(b) the determination results in, or is likely to result in, the holder not being able to comply with the holder’s approved implementation plan.
Note Under paragraph 7 (1) (k) of Schedule 2 to the Act, a licensee must comply with the requirements of this scheme.
(3) However, the holder is not required to apply if the implementation plan relates solely to a commercial television broadcasting licence allocated under section 38B of the Act.
(4) The holder must apply to A the ACMA:
(a) if subparagraph (1) (b) (i) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the ACMA; or
(b) if subparagraph (1) (b) (ii) applies — within 30 days of the holder increasing the level of coverage and potential reception quality of the holder’s service in analog mode in the specified area or within such longer period as is notified in writing by the ACMA; or
(c) if subsection (2) applies — within 30 days of the Minister making the determination or within such longer period as is notified in writing by the ACMA.
(5) Subsections 38 (3), (4) and (5) apply to an application under this section.
(6) To avoid doubt, a reference in this section to a holder’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.
38B Reduction in coverage and quality of analog transmission
(1) This section applies if:
(a) the Minister determines that a specified area included in a licence area is a local market area that will become a digital‑only local market area; and
(b) on or after the day the Minister makes the determination:
(i) a holder applies for approval of a variation of the holder’s approved implementation plan for the licence area; and
(ii) the holder reduces, or proposes to reduce, the level of coverage and potential reception quality achieved by the transmission of the commercial television broadcasting service in analog mode in the specified area from the level achieved immediately before the Minister determined that area to be a local market area.
(2) the ACMA may ask the holder to explain:
(a) if the level of coverage and potential reception quality has been reduced — how the holder will ensure that the transmission of the service in SDTV digital mode will achieve the same level of coverage and potential reception quality in the specified area as was achieved by the transmission of the service in analog mode immediately before the reduction; or
(b) if the level of coverage and potential reception quality is proposed to be reduced — how the holder will maintain the same level of coverage and potential reception quality that was in effect in the specified area immediately before the Minister determined that area to be a local market area.
(3) the ACMA is not required to consider the holder’s application while it is waiting for the explanation.
(4) If the ACMA acts under subsection (2), the holder’s implementation plan, as varied, must include provisions to ensure that transmission of the commercial television broadcasting service in digital mode in the digital‑only local market area will achieve the same level of coverage and potential reception quality as was achieved by the transmission of the analog service:
(a) if paragraph (2) (a) applies — immediately before the holder reduced the coverage and potential reception quality; or
(b) if paragraph (2) (b) applies — immediately before the Minister determined that area to be a local market area.
(5) To avoid doubt, a reference in this section to a holder’s approved implementation plan includes a reference to an approved implementation plan that is part of a series of implementation plans.
Considering application for variation
(1) the ACMA must consider whether the application is suitable for approval.
(2) the ACMA must decide:
(a) whether it is appropriate to invite comments on the application; and
(b) if so — whether it is appropriate for it to use the same consultation procedure as is used in section 10 for digital channel plans.
Note The public consultation procedure in section 10 may be an efficient form of consultation for this purpose, but the ACMA does not assume that it will be the most efficient form in every case.
(3) If the ACMA invites comments, it must have regard to any comments it receives when considering the application.
(4) the ACMA must deal with the application by considering the plan, as it would be varied, in the way described in sections 28 to 32 (inclusive).
Variation of implementation plan in a series
(1) This section applies if:
(a) the ACMA has approved a holder’s application to submit a series of implementation plans for a licence area; and
(b) the holder applies for approval of an implementation plan in the series; and
(c) the plan expressly or impliedly varies an earlier approved implementation plan in the series.
(2) The application for approval of the implementation plan is taken to include an application for approval of the variation of the earlier approved plan.
(3) the ACMA must consider whether the application is suitable for approval.
(4) the ACMA must decide:
(a) whether it is appropriate to invite comments on the application; and
(b) if so — whether it is appropriate for it to use the same consultation procedure as is used in section 10 for digital channel plans.
Note The public consultation procedure in section 10 may be an efficient form of consultation for this purpose, but the ACMA does not assume that it will be the most efficient form in every case.
(5) If the ACMA invites comments, it must have regard to any comments it receives when considering the application.
(6) the ACMA must:
(a) consider the earlier approved plan, as it would be varied, in the way described in sections 28 to 32 (inclusive); and
(b) have regard to the matters in subsection 28 (5) for the whole licence area and for the part of the area to which the earlier approved plan relates.
Note The arrangements in an implementation plan in a series may provide adequately for a specific part of a licence area, but may be inadequate in the context of the whole licence area. If an approved implementation plan is to be varied by a later plan in the series, the ACMA will consider both the immediate and future adequacy of that plan, as it would be varied.
Decision on variation
(1) If the ACMA considers that the application (including an application for approval of the variation of an approved implementation plan, mentioned in subsection 40 (2)) is suitable for approval, the ACMA must, in writing:
(a) approve the application; and
(b) tell the holder of the decision as soon as practicable after approving the application.
(2) If the ACMA considers that the application is not suitable for approval:
(a) the ACMA must, in writing:
(i) refuse to approve the application; and
(ii) tell the holder of the decision as soon as practicable after refusing to approve the application; and
(b) if the application was made under subsection 38A (1) or (2) — the holder must make a new application under the relevant subsection within 30 days of being told of the refusal or within such longer period as is notified in writing by the ACMA.
Note A decision refusing to approve the application is reviewable by the AAT: see Act, Schedule 4, clause 62.
Date of effect of variation
(1) If the ACMA approves the variation of an approved implementation plan for a licence area, or a part of an area, the variation takes effect on the day the ACMA approves it.
(2) The holder’s implementation plan, as varied, takes effect as the holder’s approved implementation plan for the area, or part of the area, on the day the ACMA approves it.
Register of approved implementation plans
If the ACMA approves the variation of an approved implementation plan for a licence area, the ACMA must include the plan, as varied, in the register of approved implementation plans.
Transmitter licence
(1) If ACMA approves the variation of an approved implementation plan, ACMA must vary the transmitter licence issued under section 102A of the Radiocommunications Act 1992, if it is necessary as a result of the variation of the plan.
(2) ACMA must:
(a) identify conditions to which the licence should be subject; and
(b) vary the licence including the conditions.
Division 5 Circumstances where there is no approved implementation plan
No implementation plan
(2) Subject to subsections (2A), (2B) and (2C) the ACMA must issue to the holder a transmitter licence that authorises the operation of 1 or more specified radiocommunications transmitters for transmitting a broadcasting service in digital mode in accordance with the holder’s commercial television broadcasting licence.
Note Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with simulcasts starting at different times in different licence areas. To support the timetable, the ACMA may have to set priorities for carrying out its responsibilities.
(2A) Subsection (2) does not apply if the holder has an approved implementation plan in force at the start of the simulcast period for the licence area to which the plan relates.
(2B) Subsection (2) does not apply if the holder has a transmitter licence, issued for Division 10 or 11 of Part A of this Scheme, at the start of the simulcast period for the licence area to which the transmitter licence relates.
Note Division 10 of this Part deals with transmitter licences issued to support test transmissions. Division 11 of this Part deals with transmitter licences issued to support transmission in a regional area before the start of the simulcast period.
(2C) Subsection (2) does not apply if the holder was allocated a commercial television broadcasting licence under section 38A or 38B of the Act.
Note See section 102 of the Radiocommunications Act 1992.
(3) the ACMA must also:
(a) identify conditions to which the licence should be subject; and
(b) issue the licence including the conditions.
(4) The licence must take effect at the start of the simulcast period.
Division 6 Datacasting services
Use of transmission capacity for datacasting services
(1) A holder that holds a datacasting licence issued in accordance with Schedule 6 to the Act is permitted to use any spare transmission capacity that is available on the holder’s digital transmission channels for the purpose of the transmission of either or both of the following:
(a) datacasting services provided under, and in accordance with the conditions of, datacasting licences;
(b) designated teletext services.
Note See Act, Schedule 4, paragraph 6 (3) (k).
(2) However, the holder must use the capacity in a way that is consistent with:
(a) the holder’s transmitter licence issued under section 102A of the Radiocommunications Act 1992; and
(b) the holder’s datacasting licence issued under the Act.
Note A charge is imposed for the use of transmission capacity for datacasting: see the Datacasting Charge (Imposition) Act 1998.
Division 7 Starting SDTV digital transmission
Starting SDTV digital transmissions (metropolitan licence area)
Each holder of a commercial television broadcasting licence for a metropolitan licence area must commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that area on 1 January 2001.
Note See Act, Schedule 4, paragraph 6 (3) (a).
Starting SDTV digital transmissions (regional licence area)
(1) the ACMA must determine a date, for a regional licence area, by which each holder of a commercial television broadcasting licence for the area is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that area.
Note The date determined by the ACMA must be during the period:
(a) beginning on 1 January 2001; and
(b) ending immediately before 1 January 2004.
See Act, Schedule 4, paragraph 6 (3) (b).
(2) the ACMA must consult with all holders for a regional licence area before determining a date for the area.
(3) the ACMA must have regard to any comments it receives during consultation.
(4) The date must be later than the day when the ACMA makes the determination.
(5) the ACMA must publish the determination as soon as practicable after making it.
Note the ACMA’s options for publishing the determination are in section 4.
Simulcast period
(1) There is a transitional period for a licence area, to be known as the simulcast period.
Note See Act, Schedule 4, paragraph 6 (3) (c).
(2) A holder for the area must, throughout the simulcast period:
(a) transmit simultaneously the commercial television broadcasting service concerned in both analog mode and SDTV digital mode in so much of that area as is not a digital‑only local market area; and
(b) ensure that no transmissions of the commercial television broadcasting service concerned in analog mode are made in so much of that area as is a digital‑only local market area.
(2A) For the purpose of determining whether a holder has complied, or is complying, with subsection (2), disregard any transmissions made by a transmitter used for transmitting one or more commercial television broadcasting services in SDTV digital mode, authorised to operate under a transmitter licence issued under section 100 of the Radiocommunications Act 1992.
(3) For a metropolitan licence area, the simulcast period begins on 1 January 2001.
(4) For a regional licence area, the simulcast period begins on the date determined by the ACMA under subsection 48 (1).
Note The Minister may determine simulcast periods for metropolitan and regional licence areas: see Act, Schedule 4, subparagraphs 6 (3) (c) (ii) and (iia) and clause 6A.
Division 8 Problems with starting or maintaining SDTV digital transmission
Surrender of transmitter licence (failure to commence SDTV digital transmission)
(1) This section applies if a holder:
(a) does not commence transmission in SDTV digital mode for a licence area as mentioned in paragraph 6 (3) (a) or (b) of Schedule 4 to the Act; and
(b) does not satisfy the ACMA that there are exceptional circumstances.
Note 1 See Act, Schedule 4, subclause 8 (2).
Note 2 Paragraphs 6 (3) (a) and (b) of Schedule 4 to the Act set out policy objectives about when digital transmission is to start. The policy objectives are supported by sections 47 and 48.
(2) The holder must surrender to the ACMA each transmitter licence authorising digital transmission in the area.
Note 1 If the ACMA decides that exceptional circumstances do not exist, it must notify the holder and give the holder the statements mentioned in clause 63 of Schedule 4 to the Act.
Note 2 A decision by the ACMA that exceptional circumstances do not exist is reviewable by the AAT: see Act, Schedule 4, clause 62.
(3) The holder must comply with any requirements of the ACMA for surrendering a transmitter licence.
Surrender of transmitter licence (SDTV digital transmission does not continue throughout the simulcast period)
(1) This section applies if a holder:
(a) commences transmission in SDTV digital mode as mentioned in paragraph 6 (3) (a) or (b) of Schedule 4 to the Act; and
(b) ceases transmission in SDTV digital mode during the simulcast period for the licence area concerned.
Note 1 See Act, Schedule 4, subclause 8 (3).
Note 2 Paragraphs 6 (3) (a) and (b) of Schedule 4 to the Act are about when digital transmission is to start.
(1A) This section does not apply to so much of the licence area that is a digital‑only local market area.
(2) the ACMA may give the holder a written direction to:
(a) resume transmission in SDTV digital mode in the area within the period specified in the direction; and
(b) continue transmission in SDTV digital mode throughout the simulcast period for the area.
(3) The direction must include:
(a) the period (not longer than 1 month) within which the holder must comply with it; and
(b) a statement that the holder may give the ACMA written reasons identifying exceptional circumstances that prevent the holder from complying with the direction; and
(c) a statement that the holder must surrender each transmitter licence authorising transmission of a service in digital mode in the area if:
(i) the holder does not comply with the direction within the time mentioned in the direction; and
(ii) the holder does not satisfy the ACMA that exceptional circumstances exist.
(4) The holder must surrender to the ACMA each transmitter licence authorising digital transmission in the area if the holder:
(a) does not comply with a direction; and
(b) does not satisfy the ACMA that there are exceptional circumstances.
Note 1 If the ACMA decides that exceptional circumstances do not exist, it must notify the holder and give the holder the statements mentioned in clause 63 of Schedule 4 to the Act.
Note 2 A decision by the ACMA that exceptional circumstances do not exist is reviewable by the AAT: see Act, Schedule 4, clause 62.
(5) The holder must comply with any requirements of the ACMA for surrendering a transmitter licence.
Surrender of transmitter licence (SDTV or HDTV requirements contravened)
(1) This section applies if the holder of a commercial television broadcasting licence for a licence area contravenes any of the following provisions or standards:
(a) paragraph 7 (1) (ma) of Schedule 2 to the Act;
(b) a SDTV commercial television format standard;
(c) a HDTV commercial television format standard;
(d) subclause 37E (1) of Schedule 4 to the Act;
(e) a standard under subclause 37E (3) of Schedule 4 to the Act.
Note See subclause 8 (7) of Schedule 4 to the Act.
(2) the ACMA may give the holder a written direction:
(a) identifying the contravention; and
(b) directing the holder to comply with the provision or standard.
(3) The direction must include:
(a) a statement specifying the period (not longer than 1 month) within which the holder must comply with it; and
(b) a statement that the holder may give the ACMA written reasons identifying exceptional circumstances that prevent the holder from complying with the direction; and
(c) a statement that the holder must surrender each transmitter licence authorising transmission of a service in digital mode in the area if:
(i) the holder does not comply with the direction within the time mentioned in the direction; and
(ii) the holder does not satisfy the ACMA that exceptional circumstances exist; and
(d) a statement that the holder may apply for a transmitter licence to replace a transmitter licence surrendered under this section.
Note A transmitter licence issued to replace a surrendered transmitter licence will have less transmission capacity than that which was mentioned in the surrendered licence: see subsection 53 (6) of this scheme.
(4) The holder must surrender to the ACMA each transmitter licence authorising digital transmission in the area if the holder:
(a) does not comply with a direction; and
(b) does not satisfy the ACMA that there are exceptional circumstances.
Note 1 If the ACMA decides that exceptional circumstances do not exist, it must notify the holder and give the holder the statements mentioned in clause 63 of Schedule 4 to the Act.
Note 2 A decision by the ACMA that exceptional circumstances do not exist is reviewable by the AAT: see Act, Schedule 4, clause 62.
(5) The holder must comply with any requirements of the ACMA for surrendering a transmitter licence.
Replacement transmitter licence after HDTV requirements contravened
(1) This section applies if a holder has surrendered a transmitter licence on the grounds of a contravention of a provision or standard mentioned in paragraph 52 (1) (a), (c), (d) or (e).
Note See subclause 8 (8) of Schedule 4 to the Act. The provisions that are listed deal with HDTV requirements.
(2) The holder may, in writing:
(a) ask the ACMA to arrange for the issue of a transmitter licence to replace the surrendered licence; and
(b) explain why the replacement licence should be issued.
(3) the ACMA:
(a) may ask the holder for more information about the request; and
(b) is not required to consider the request while it is waiting for more information.
(4) the ACMA must consider the request and:
(a) approve it; or
(b) reject it.
Note 1 If the ACMA decides not to arrange for the issue of the replacement licence, it must notify the holder and give the holder the statements mentioned in clause 63 of Schedule 4 to the Act.
Note 2 A decision by the ACMA not to arrange for the issue of a replacement transmitter licence is reviewable by the AAT: see Act, Schedule 4, clause 62.
(5) If the ACMA approves the request, it must issue a transmitter licence to replace the surrendered licence.
Note See section 102A of the Radiocommunications Act 1992.
(6) 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.
Note See subclause 8 (8) of Schedule 4 to the Act.
(7) the ACMA must also:
(a) identify conditions to which the licence should be subject; and
(b) issue the licence including the conditions.
Note Schedule 4 to the Act imposes a timetable for conversion to digital transmission, with simulcasts starting at different times in different licence areas. To support the timetable, the ACMA may have to set priorities for carrying out its responsibilities.
Division 8A Requirements for local market areas and digital‑only local market areas
53C End of analog transmission in digital‑only local market area and surrender of licences
(1) At the time when a local market area becomes a digital‑only local market area, all transmissions of a commercial television broadcasting service in analog mode made using a transmitter located in the area are to cease.
Note See Act, Schedule 4, paragraph 6 (3) (ga).
Division 9 End of simulcast period
End of analog transmission and surrender of licences
(1) At the end of the simulcast period for a licence area, all transmissions of a commercial television broadcasting service in analog mode in the area are to cease.
Note See Act, Schedule 4, paragraph 6 (3) (h).
Division 10 Test transmissions
Note about testing
An essential part of the conversion to digital transmission is the need for holders to test their digital equipment, and their capacity to provide transmissions of adequate coverage and quality.
Test transmissions are likely to take various forms, from full transmissions of broadcast material to short transmissions of test signals, and may happen at any time before or during a simulcast period. Holders may need to use the channels allotted to them in the digital channel plan, or may want to use ‘spare’ channels for specific tests.
Although there may appear to be no visual difference between a test transmission and a ‘regular’ one, the Act treats them differently and allows this scheme to impose different requirements for the kinds of transmission. This is particularly significant for a holder that wishes to transmit before the start of the simulcast period for the holder’s licence area — the transmission may be a test or it may be an early start of full digital transmission.
Under this Division, the ACMA will be responsible for approving all test transmissions, either by approving specific tests or by approving a testing plan submitted by a holder.
the ACMA wishes to draw the reader’s attention to the provisions in this Division that state that permission to carry out tests in a particular way, or using a particular channel, is not a guarantee that a holder will have a permanent right, or obligation, to transmit in that way, or to use that channel.
Subdivision A Test transmissions
Test transmissions
(1) A holder for a licence area may transmit, on a test basis, the commercial television broadcasting service concerned in digital mode in the area before or after the start of the simulcast period for the area.
(2) The holder may transmit, on a test basis, material that is part of, or reasonably related to, the transmission of the commercial television broadcasting service concerned in digital mode in the area before or after the start of the simulcast period for the area.
(3) However, the holder may transmit on a test basis only if:
(a) the holder complies with the arrangements in this Division; and
(b) the ACMA has given written permission for the transmission.
Subdivision B Approval of application form
Application form for approval of testing
(1) the ACMA must approve, in writing, an application form for approval to transmit on a test basis.
(2) the ACMA must publish a notice stating where copies of the application form may be obtained.
Note the ACMA’s options for publishing the notice are in section 4.
Application form — essential content
(1) The application form must require a holder to tell the ACMA which of the following circumstances applies:
(a) no digital channel plan is in force for the licence area in which the holder wishes to transmit on a test basis;
(b) a digital channel plan is in force for the licence area, and the holder wishes to transmit on a test basis using a channel allotted to the holder under the digital channel plan for the area;
* national television conversion scheme see clause 19 of Schedule 4 to the Act.
* parent licence has the meaning given by clause 2 of Schedule 4 to the Act.
* radiocommunication has the same meaning as in the Radiocommunications Act 1992.
* regional coverage area means an area that corresponds to a regional licence area.
regional equalisation plan means the analog regional equalisation plan:
(a) made under Part IIIC of the Broadcasting Act 1942; and
(b) as in force when this scheme commences.
* regional licence area means a licence area that is not a metropolitan licence area.
* remote coverage area means an area that corresponds to a remote licence area.
remote licence area see clause 5 of Schedule 4 to the Act.
* SDTV commercial television format standard has the meaning given by clause 2 of Schedule 4 to the Act.
* SDTV digital mode see clause 4B of Schedule 4 to the Act.
* SDTV multi-channelled commercial television broadcasting service has the meaning given by clause 5A of Schedule 4 to the Act.
* simulcast‑equivalent period has the same meaning as in clause 2 of Schedule 4 to the Act.
* simulcast period has the meaning given by clause 2 of Schedule 4 to the Act.
* television broadcasting service has the meaning given by clause 2 of Schedule 4 to the Act.
tower operator means the operator of a broadcasting transmission tower.
tower owner means the owner of a broadcasting transmission tower.
* transmitter licence has the same meaning as in the Radiocommunications Act 1992.
Notes to the Commercial Television Conversion Scheme 1999
Note 1
The Commercial Television Conversion Scheme 1999 (in force under subclause 6 (1) of Schedule 4 to the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of | Date of | Application, saving or |
| Commercial Television Conversion Scheme 1999 | 9 June 1999 (see Gazette 1999, No. GN23) | 9 June 1999 | |
| Commercial Television Conversion Scheme Variation 2000 (No. 1) | 22 Dec 2000 (see Gazette 2000, No. S664) | Ss. 1–3 and Schedules 1 and 3: 1 Jan 2001 Remainder: 3 Feb 2001 | — |
| Commercial Television Conversion Scheme Variation 2003 (No. 1) | 12 Feb 2003 (see Gazette 2003, No. GN6) | 12 Feb 2003 | — |
| Commercial Television Conversion Scheme Variation 2003 (No. 2) | 10 Dec 2003 (see Gazette 2003, No. GN49) | 12 Dec 2003 (see s. 2) | — |
| Commercial Television Conversion Scheme Variation 2007 (No. 1) | 1 Nov 2007 (see F2007L04259) | 2 Nov 2007 | — |
| Commercial Television Conversion Scheme Variation 2009 (No. 1) | 16 Mar 2009 (see F2009L01058) | 17 Mar 2009 | — |
| Commercial Television Conversion Scheme Variation 2011 (No. 1) | 23 Aug 2011 (see F2011L01716) | 24 Aug 2011 | — |
| Commercial Television Conversion Scheme Variation 2011 (No. 2) | 2 Sept 2011 (see F2011L01801) | Ss. 1, 2, 4 and Schedule 2: 3 Sept 2011 S. 3 and Schedule 1: (a) | — |
(a) Section 2 of the Commercial Television Conversion Scheme Variation 2011 (No. 2) provides as follows:
Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 2. Section 3 and Schedule 1 Immediately after Schedule 2 commences.
Schedule 2 commenced on 3 September 2011.
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Part 1 | |
| S. 3A....................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 4......................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 5............................ | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| Part A | |
| Division 1 | |
| S. 6......................................... | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| Note to s. 6 (3)...................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 6 (5)...................... | am. 2007 No. 1; 2011 No. 2 |
| Division 2 | |
| S. 7......................................... | am. 2000 No. 1; 2007 No. 1; 2011 Nos. 1 and 2 |
| S. 8......................................... | am. 2000 No. 1; 2003 No. 2; 2007 No. 1; 2011 No. 2 |
| Note to s. 8 (4)...................... | am. 2003 No. 2 |
| rs. 2011 No. 2 | |
| S. 9......................................... | am. 2000 No. 1; 2003 No. 2; 2007 No. 1; 2011 No. 2 |
| Heading to s. 10................... | am. 2011 No. 2 |
| S. 10....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 10.......................... | am. 2007 No. 1; 2011 No. 2 |
| S. 11....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 12....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 12 (3).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 13....................................... | am. 2000 No. 1; 2003 No. 2; 2007 No. 1; 2009 No. 1; 2011 Nos. 1 and 2 |
| Note to s. 13 (2).................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 13 (7).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 14....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 14.......................... | am. 2007 No. 1 |
| Note to s. 14 (3).................... | rs. 2011 No. 2 |
| Division 3 | |
| Subdivision A | |
| S. 15....................................... | am. 2007 No. 1; 2009 No. 1; 2011 No. 2 |
| Note to s. 15.......................... | am. 2007 No. 1; 2011 No. 2 |
| S. 16....................................... | rep. 2000 No. 1 |
| Subdivision B | |
| S. 17....................................... | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| Note to s. 17 (2).................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 17 (7).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 18....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 18 (2).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 20....................................... | am. 2007 No. 1; 2011 No. 2 |
| Subdiv. C of Div. 3............... of Part A | rep. 2000 No. 1 |
| Ss. 21–24.............................. | rep. 2000 No. 1 |
| S. 25....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 26....................................... | rep. 2000 No. 1 |
| Subdivision D | |
| Heading to s. 27................... | rs. 2000 No. 1 |
| S. 27....................................... | am. 2000 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note to s. 27 (2).................... | am. 2011 No. 2 |
| Heading to s. 28................... | rs. 2007 No. 1 |
| S. 28....................................... | am. 2000 No. 1; 2007 No. 1; 2009 No. 1; 2011 No. 2 |
| Note to s. 28 (6).................... | am. 2007 No. 1; 2011 No. 2 |
| Heading to s. 29................... | am. 2000 No. 1 |
| S. 29....................................... | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| S. 30....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 31....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 32....................................... | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| Note to s. 32 (4).................... | am. 2011 No. 2 |
| S. 33....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 34....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 35....................................... | am. 2007 No. 1; 2011 No. 2 |
| Subdivision E | |
| S. 36....................................... | am. 2000 No. 1; 2003 No. 2 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note to s. 36 (5).................... | am. 2011 No. 2 |
| Division 4 | |
| S. 37....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 37 (3).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 38....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 38A.................................... | ad. 2009 No. 1 |
| am. 2011 No. 2 | |
| S. 38B.................................... | ad. 2009 No. 1 |
| am. 2011 No. 2 | |
| Heading to s. 39................... | rs. 2007 No. 1 |
| S. 39....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 39 (2).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 40....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 40 (4).................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 40 (6).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 41....................................... | am. 2007 No. 1; 2009 No. 1; 2011 No. 2 |
| S. 42....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 43....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 44....................................... | rs. 2007 No. 1; 2011 No. 2 |
| Division 5 | |
| Div. 5 of Part A..................... | rs. 2007 No. 1 |
| S. 45....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to 45 (1)........................ | rep. 2011 No. 2 |
| Note to 45 (2)........................ | am 2011 No. 2 |
| Division 6 | |
| S. 46....................................... | am. 2000 No. 1 |
| Division 7 | |
| Heading to Div. 7................. of Part A | rs. 2000 No. 1 |
| Heading to s. 47................... | rs. 2000 No. 1 |
| S. 47....................................... | am. 2000 No. 1 |
| Heading to s. 48................... | am. 2000 No. 1 |
| S. 48....................................... | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| Note to s. 48 (1).................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 48 (5).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 49....................................... | am. 2000 No. 1; 2007 No. 1; 2009 No. 1; 2011 No. 2 |
| Note to s. 49 (4).................... | ad. 2009 No. 1 |
| Division 8 | |
| Heading to Div. 8................. of Part A | rs. 2000 No. 1 |
| Heading to s. 50................... | rs. 2000 No. 1 |
| S. 50....................................... | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| Note 2 to s. 50 (1)................ | am 2011 No. 2 |
| Note 1 to s. 50 (2)................ | am. 2007 No. 1; 2011 No. 2 |
| Note 2 to s. 50 (2)................ | am. 2007 No. 1; 2011 No. 2 |
| Heading to s. 51................... | rs. 2000 No. 1 |
| S. 51....................................... | am. 2000 No. 1; 2007 No. 1; 2009 No. 1; 2011 No. 2 |
| Note 1 to s. 51 (4)................ | am. 2007 No. 1; 2011 No. 2 |
| Note 2 to s. 51 (4)................ | am. 2007 No. 1; 2011 No. 2 |
| Heading to s. 52................... | rs. 2000 No. 1; 2007 No. 1 |
| S. 52....................................... | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| Note 1 to s. 52 (4)................ | am. 2007 No. 1; 2011 No. 2 |
| Note 2 to s. 52 (4)................ | am. 2007 No. 1; 2011 No. 2 |
| Heading to s. 53................... | rs. 2007 No. 1 |
| S. 53....................................... | am. 2000 No. 1; 2007 No. 1; 2011 No. 2 |
| Note 1 to s. 53 (4)................ | am. 2007 No. 1; 2011 No. 2 |
| Note 2 to s. 53 (4)................ | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 53 (7).................... | am. 2011 No. 2 |
| Division 8A | |
| Div. 8A of Part A................... | ad. 2009 No. 1 |
| S. 53A.................................... | ad. 2009 No. 1 |
| rep. 2011 No. 1 | |
| S. 53B.................................... | ad. 2009 No. 1 |
| rep. 2011 No. 1 | |
| S. 53C.................................... | ad. 2009 No. 1 |
| am. 2011 No. 1 | |
| S. 53D.................................... | ad. 2009 No. 1 |
| rep. 2011 No. 1 | |
| Division 9 | |
| Div. 9 of Part A..................... | rs. 2000 No. 1 |
| S. 54....................................... | rs. 2000 No. 1 |
| am. 2007 No. 1 | |
| rep. 2011 No. 1 | |
| S. 55....................................... | rs. 2000 No. 1 |
| am. 2007 No. 1 | |
| rep. 2011 No. 1 | |
| Note to s. 55 (5).................... | am. 2007 No. 1 |
| rep. 2011 No. 1 | |
| S. 56....................................... | rs. 2000 No. 1 |
| am. 2007 No. 1 | |
| rep. 2011 No. 1 | |
| S. 57....................................... | rs. 2000 No. 1 |
| am. 2007 No. 1; 2011 No. 1 | |
| S. 58....................................... | rs. 2000 No. 1; 2007 No. 1 |
| rep. 2011 No. 1 | |
| Note to s. 58 (1).................... | rs. 2009 No. 1 |
| rep. 2011 No. 1 | |
| Division 10 | |
| Note to Div. 10 of Part A..... | am. 2007 No. 1; 2011 No. 2 |
| Subdivision A | |
| S. 59....................................... | am. 2007 No. 1; 2011 No. 2 |
| Subdivision B | |
| S. 60....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 60.......................... | am. 2007 No. 1; 2011 No. 2 |
| S. 61....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 62....................................... | am. 2007 No. 1; 2011 No. 2 |
| Subdivision C | |
| S. 63....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 64....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 65....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 66....................................... | am. 2007 No. 1; 2011 No. 2 |
| Subdivision D | |
| S. 67....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 68....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 68 (4).................... | am. 2007 No. 1; 2011 No. 2 |
| Heading to s. 69................... | am. 2011 No. 2 |
| S. 69....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 69 (3).................... | am. 2011 No. 2 |
| Subdivision E | |
| S. 70....................................... | am. 2007 No. 1; 2011 No. 2 |
| Heading to s. 71................... | am. 2011 No. 2 |
| S. 71....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note 2 to s. 71 (2)................ | am. 2011 No. 2 |
| Subdivision F | |
| S. 72....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 73....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 73 (4).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 74....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 74 (3).................... | am. 2011 No. 2 |
| Subdivision G | |
| S. 75....................................... | am. 2007 No. 1; 2011 No. 2 |
| Division 11 | |
| Note to Div. 11 of Part A..... | am. 2007 No. 1; 2011 No. 2 |
| S. 77....................................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 77.......................... | am. 2007 No. 1; 2011 No. 2 |
| S. 79....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 80....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 81....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 82....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 83....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note 2 to s. 83 (2)................ | am. 2011 No. 2 |
| S. 84....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 85....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 86....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 87....................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 87 (1).................... | am. 2011 No. 2 |
| Division 12 | |
| S. 88....................................... | am. 2007 No. 1; 2011 No. 2 |
| S. 89....................................... | am. 2007 No. 1; 2011 No. 2 |
| Part B | |
| Note to Part B....................... | rep. 2003 No. 1 |
| Division 1 | |
| S. 90....................................... | rs. 2003 No. 1 |
| am. 2007 No. 1; 2009 No. 1; 2011 Nos. 1 and 2 | |
| Note 1 to s. 90...................... | am. 2007 No. 1; 2011 No. 2 |
| Note 2 to s. 90...................... | rep. 2007 No. 1 |
| Note 3 to s. 90 Renumbered Note 2........ | 2007 No. 1 |
| Division 2 | |
| S. 91....................................... | rs. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 91 (2).................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 91 (3).................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 91 (4).................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 91 (6).................... | am. 2007 No. 1; 2011 No. 2 |
| Division 3 | |
| S. 92....................................... | rs. 2003 No. 1 |
| am. 2007 No. 1; 2011 Nos. 1 and 2 | |
| S. 93....................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 94....................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 95....................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 95.......................... | am. 2007 No. 1; 2011 No. 2 |
| S. 96....................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 97....................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 97 (3).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 98....................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2009 No. 1; 2011 Nos. 1 and 2 | |
| Note to s. 98 (2).................... | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 98 (7).................... | am. 2007 No. 1; 2011 No. 2 |
| S. 99....................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Division 4 | |
| Div. 4 of Part B..................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| Subdivision A | |
| S. 100..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note to Div 4 of Part B........ | am. 2011 No. 2 |
| Subdivision B | |
| S. 101..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note to s. 101 (3)................. | am. 2011 No. 2 |
| Note to s. 101 (9)................. | am. 2011 No. 2 |
| S. 102..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note to s. 102 (2)................. | am. 2011 No. 2 |
| S. 103..................................... | ad. 2007 No. 1 |
| S. 104..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Subdivision C | |
| S. 105..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 106..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 106 (2)................. | am. 2011 No. 2 |
| Note to s. 106 (6)................. | am. 2011 No. 2 |
| S. 107..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 107 (5)................. | ad. 2011 No. 2 |
| Note to s. 107 (6)................. | am. 2011 No. 2 |
| S. 108..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 109..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 110..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 111..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 111 (4)................. | am. 2011 No. 2 |
| S. 112..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 113..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 114..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Subdivision D | |
| S. 115..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note 1 to s. 115 (5).............. | am. 2011 No. 2 |
| Subdivision E | |
| S. 119..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 119 (3)................. | am. 2011 No. 2 |
| S. 120..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 120A.................................. | ad. 2009 No. 1 |
| am. 2011 No. 2 | |
| S. 120B.................................. | ad. 2009 No. 1 |
| am. 2011 No. 2 | |
| S. 121..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 121 (2)................. | am. 2011 No. 2 |
| S. 122..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 122 (4)................. | am. 2011 No. 2 |
| Note to s. 122 (6)................. | am. 2011 No. 2 |
| S. 123..................................... | ad. 2007 No. 1; |
| am. 2009 No. 1; 2011 No. 2 | |
| S. 124..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 125..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 126..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Subdivision F | |
| S. 127..................................... | rs. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note to s. 127 (2)................. | am. 2011 No. 2 |
| Division 5 | |
| Div. 5 of Part B..................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| S. 128..................................... | ad. 2007 No. 1 |
| Division 7 | |
| Div. 7 of Part B..................... | ad. 2003 No. 1 |
| S. 138..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 138 (3)................. | am. 2007 No. 1; 2011 No. 2 |
| Note to s. 138 (4)................. | am. 2007 No. 1; 2011 No. 2 |
| S. 139..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2009 No. 1; 2011 No. 2 | |
| Note to s. 139 (5)................. | am. 2011 No. 2 |
| Division 8 | |
| Div. 8 of Part B..................... | ad. 2007 No. 1 |
| S. 140..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| S. 141..................................... | ad. 2007 No. 1; |
| am. 2009 No. 1; 2011 No. 2 | |
| S. 142..................................... | ad. 2007 No. 1 |
| am. 2011 Nos. 1 and 2 | |
| S. 143..................................... | ad. 2007 No. 1 |
| am. 2011 No. 2 | |
| Note 1 to s. 143 (4).............. | am. 2011 No. 2 |
| Note 2 to s. 143 (4).............. | am. 2011 No. 2 |
| Note to s. 143 (7)................. | am. 2011 No. 2 |
| Division 8A | |
| Div. 8A of Part B................... | ad. 2009 No. 1 |
| S. 143A.................................. | ad. 2009 No. 1 |
| rep. 2011 No. 1 | |
| S. 143B.................................. | ad. 2009 No. 1 |
| rep. 2011 No. 1 | |
| S. 143C.................................. | ad. 2009 No. 1 |
| am. 2011 No. 1 | |
| S. 143D.................................. | ad. 2009 No. 1 |
| rep. 2011 No. 1 | |
| Division 9 | |
| Div. 9 of Part B..................... | ad. 2007 No. 1 |
| S. 144..................................... | ad. 2007 No. 1 |
| rep. 2011 No. 1 | |
| S. 145..................................... | ad. 2007 No. 1 |
| rep. 2011 No. 1 | |
| S. 146..................................... | ad. 2007 No. 1 |
| rep. 2011 No. 1 | |
| S. 147..................................... | ad. 2007 No. 1 |
| am. 2011 No. 1 | |
| S. 148..................................... | ad. 2007 No. 1 |
| rep. 2011 No. 1 | |
| Note to s. 148 (1)................. | rs. 2009 No. 1 |
| rep. 2011 No. 1 | |
| Division 10 | |
| Div. 10 of Part B................... | ad. 2003 No 1 |
| Note to Div. 10 of Part B..... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Subdivision A | |
| S. 149..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Subdivision B | |
| S. 150..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 150 (2)................. | am. 2007 No. 1; 2011 No. 2 |
| S. 151..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 152..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Subdivision C | |
| S. 153..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 154..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 155..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 156..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Subdivision D | |
| S. 157..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 158..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 158 (4)................. | am. 2007 No. 1; 2011 No. 2 |
| Heading to s. 159................ | am. 2011 No. 2 |
| S. 159..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note to s. 159 (7)................. | am. 2011 No. 2 |
| Subdivision E | |
| S. 160..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Heading to s. 161................ | am. 2011 No. 2 |
| S. 161..................................... | ad. 2003 No 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note to s. 161 (6)................. | am. 2011 No. 2 |
| Subdivision F | |
| S. 162..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 163..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 163....................... | am. 2007 No. 1 |
| Note to s. 163 (4)................. | am. 2011 No. 2 |
| Heading to s. 164................ | am. 2011 No. 2 |
| S. 164..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note to s. 164 (7)................. | am. 2011 No. 2 |
| Subdivision G | |
| S. 165..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Division 11 | |
| Div. 11 of Part B................... | ad. 2003 No. 1 |
| Note to Div. 11 of Part B..... | am. 2007 No. 1; 2011 No. 2 |
| S. 166..................................... | ad. 2003 No. 1 |
| S. 167..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 167....................... | am. 2007 No. 1 |
| Note to s. 167 (2)................. | am. 2011 No. 2 |
| S. 168..................................... | ad. 2003 No. 1 |
| S. 169..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 170..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 171..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 172..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| S. 173..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Note 2 to s. 173 (6).............. | am. 2011 No. 2 |
| Division 12 | |
| Heading to Div. 12............... of Part B | am. 2011 No. 2 |
| Div. 12 of Part B................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| Heading to s. 174................ | am. 2011 No. 2 |
| S. 174..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| Heading to s. 175................ | am. 2011 No. 2 |
| S. 175..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| S. 176..................................... | ad. 2003 No. 1 |
| rs. 2007 No. 1 | |
| am. 2011 No. 2 | |
| S. 177..................................... | ad. 2003 No. 1 |
| rep. 2007 No. 1 | |
| Division 13 | |
| Div. 13 of Part B................... | ad. 2003 No. 1 |
| S. 178..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 178....................... | rs. 2007 No. 1 |
| S. 179..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 179....................... | rs. 2007 No. 1 |
| S. 180..................................... | ad. 2003 No. 1 |
| am. 2007 No. 1; 2011 No. 2 | |
| Note to s. 180....................... | rs. 2007 No. 1 |
| Dictionary | |
| Dictionary.............................. | am. 2000 No. 1; 2003 No. 1; 2007 No. 1; 2009 No. 1; 2011 No. 2 |
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