National Transmission Network Sale (Consequential Amendments) Act 1998 (Cth)

National Transmission Network Sale (Consequential Amendments) Act 1998

No. 131, 1998

An Act to make consequential amendments relating to the sale of the National Transmission Network, and for related purposes

Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Schedule(s)......................................................................................... 2

4............ Transitional......................................................................................... 2

Schedule 1—Amendments 3

Australian Broadcasting Corporation Act 1983 3

Radiocommunications Act 1992 4

Special Broadcasting Service Act 1991 5

National Transmission Network Sale (Consequential Amendments) Act 1998

No. 131, 1998

An Act to make consequential amendments relating to the sale of the National Transmission Network, and for related purposes

[Assented to 21 December 1998]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the National Transmission Network Sale (Consequential Amendments) Act 1998.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4Transitional

Despite the repeal of section 74 of the Australian Broadcasting Corporation Act 1983 and section 71 of the Special Broadcasting Service Act 1991, those sections continue to have effect in relation to a particular area until the Commonwealth ceases to have a controlling interest in the company to which the assets for that area have been transferred by the National Transmission Network Sale Act 1997.

Schedule 1—Amendments

Australian Broadcasting Corporation Act 1983

1

Subsection 3(1)

Insert:

ABA means the Australian Broadcasting Authority established under the Broadcasting Services Act 1992.

2

Subsection 3(1)

Insert:

national broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

3

Subsection 3(1) (definition of technical equipment)

Repeal the definition.

4

Subsection 3(1) (definition of wireless telegraphy)

Repeal the definition.

5

After paragraph 25(1)(d)

Insert:

1. (da)

   to produce, promote or present programs or arrange, or provide facilities, for the production, promotion or presentation of programs;

2. (db)

   to transmit programs or other matter by means of guided or unguided electromagnetic energy, or provide facilities for such transmissions;

3. (dc)

   to arrange for the transmission of programs or other matter by means of guided or unguided electromagnetic energy;

6

Part VII

Repeal the Part.

7

After section 79

Insert:

79AAReport by ABA on degradation of signal quality

If:

1. (a)

   a person has made a complaint to the Corporation about degradation of the quality of signal reception of a national broadcasting service; and

2. (b)

   within 60 days after making the complaint, the person did not receive a response that the person regarded as adequate; and

3. (c)

   the signal concerned is received from an analog terrestrial radiocommunications transmitter;

the Minister may direct the ABA to conduct an investigation into the matter.

8

At the end of section 80

Add:

1. ; and (l)

   particulars of any significant changes during the year in the transmission coverage, or transmission quality, of national broadcasting services provided by the Corporation.

Radiocommunications Act 1992

9Section 5

Insert:

NBS transmitter licence means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service within the meaning of the Broadcasting Services Act 1992.

10After subsection 100(3)

Insert:

1. (3A)

   An NBS transmitter licence cannot be issued to any person other than:

   1. (a)

      the Australian Broadcasting Corporation; or

   2. (b)

      the Special Broadcasting Service Corporation; or

   3. (c)

      the Commonwealth.

11Subsection 106(1)

After “section 101A”, insert “or NBS transmitter licences”.

12At the end of subsection 106A(2)

Add “or to an NBS transmitter licence”.

13At the end of section 131AA

Add:

1. (4)

   An NBS transmitter licence cannot be transferred to any person other than:

   1. (a)

      the Australian Broadcasting Corporation; or

   2. (b)

      the Special Broadcasting Service Corporation; or

   3. (c)

      the Commonwealth.

Special Broadcasting Service Act 1991

14

Section 3

Insert:

ABA means the Australian Broadcasting Authority established under the Broadcasting Services Act 1992.

15

Section 3 (definition of electric line)

Repeal the definition.

16

Section 3

Insert:

national broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

17

Section 3 (definition of transmission facilities)

Repeal the definition.

18

Paragraphs 44(1)(b) and (c)

Repeal the paragraphs, substitute:

1. (b)

   to transmit programs or other matter by means of guided or unguided electromagnetic energy, or provide facilities for such transmissions;

2. (c)

   to arrange for the transmission of programs or other matter by means of guided or unguided electromagnetic energy;

19After section 70

Insert:

70AAReport by ABA on degradation of signal quality

If:

1. (a)

   a person has made a complaint to the SBS about degradation of the quality of signal reception of a national broadcasting service; and

2. (b)

   within 60 days after making the complaint, the person did not receive a response that the person regarded as adequate; and

3. (c)

   the signal concerned is received from an analog terrestrial radiocommunications transmitter;

the Minister may direct the ABA to conduct an investigation into the matter.

20

Section 71

Repeal the section.

21

Section 72

Repeal the section.

22

At the end of section 73

Add:

1. ; and (m)

   particulars of any significant changes during the year in the transmission coverage, or transmission quality, of national broadcasting services provided by the SBS.

[Minister’s second reading speech made in—

Senate on 25 November 1998

House of Representatives on 10 December 1998]

(136/98)