Broadcasting Legislation Amendment Act (No. 1) 2002
No. 126, 2002
An Act to amend the law relating to broadcasting, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—HDTV quota standards
Broadcasting Services Act 1992
Broadcasting Legislation Amendment Act (No. 1) 2002
No. 126, 2002
An Act to amend the law relating to broadcasting, and for related purposes
[Assented to 10 December 2002]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Broadcasting Legislation Amendment Act (No. 1) 2002.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—HDTV quota standards
Broadcasting Services Act 1992
1 Subparagraph 37E(2)(a)(ii) of Schedule 4
Omit all the words after “within the”, substitute “phase‑in period”.
2 Paragraph 37E(2)(b) of Schedule 4
Omit “that 2‑year period”, substitute “the phase‑in period”.
3 After subclause 37E(2) of Schedule 4
Insert:
(2A) For the purposes of subclause (2), the phase‑in period is the period ending at the later of the following times:
(a) the end of 30 June 2003;
(b) the end of the 2‑year period beginning when a licensee transmitting a commercial television broadcasting service in an area is required to commence transmitting the service in SDTV digital mode in that area.
4 Subclause 37EA(7) of Schedule 4
Omit “2‑year period referred to in paragraph 37E(2)(b)”, substitute “phase‑in period referred to in subclause 37E(2A)”.
5 Subparagraph 37F(2)(a)(ii) of Schedule 4
Omit all the words after “within the”, substitute “phase‑in period”.
6 Paragraph 37F(2)(b) of Schedule 4
Omit “that 2‑year period”, substitute “the phase‑in period,”.
7 After subclause 37F(2) of Schedule 4
Insert:
(2A) For the purposes of subclause (2), the phase‑in period is the period ending at the later of the following times:
(a) the end of 30 June 2003;
(b) the end of the 2‑year period beginning when a broadcaster transmitting a national television broadcasting service in an area is required to commence transmitting the service in SDTV digital mode in that area.
8 Subclause 37FA(7) of Schedule 4
Omit “2‑year period referred to in paragraph 37F(2)(b)”, substitute “phase‑in period referred to in subclause 37F(2A)”.
[Minister’s second reading speech made in—
Senate on 25 September 2002
House of Representatives on 5 December 2002]
Overview
The Broadcasting Legislation Amendment Act (No. 1) 2002 was enacted to amend the Broadcasting Services Act 1992, primarily focusing on the standards and requirements for High-Definition Television (HDTV) transmission. This legislation was introduced by the Parliament of Australia to address the evolving technological landscape in broadcasting, specifically to update the legal framework to accommodate the transition from analog to digital broadcasting and to set clear standards for the introduction of HDTV services. The policy objective of this Act is to ensure that the transition to digital broadcasting and the implementation of HDTV services are managed in an orderly and effective manner, providing clear guidelines and timeframes for broadcasters.
The Act specifies a phase-in period for broadcasters to meet certain digital transmission standards, with provisions tailored to both commercial and national television services. By replacing previous timeframes with a more flexible phase-in period, the Act aims to provide broadcasters with the necessary time to upgrade their infrastructure and comply with the new standards without causing significant disruptions to service delivery. This legislative amendment reflects a commitment to fostering innovation in the broadcasting sector while ensuring that the transition to new technologies is smooth and well-regulated.
Scope and Application
The Broadcasting Legislation Amendment Act (No. 1) 2002 amends the Broadcasting Services Act 1992 to modify the standards for high-definition television (HDTV) quota in the broadcasting sector. This Act applies to broadcasters and licensees operating commercial and national television broadcasting services within Australia. Its jurisdiction is at the Commonwealth level, impacting all entities engaged in these broadcasting activities across the nation. The amendments primarily involve changing the reference to a "phase-in period" instead of a "2-year period" for the transition to SDTV digital mode, thereby altering the timeframe within which certain quotas must be met. This legislation is precise in its amendments, focusing on specific subparagraphs and clauses within the original Act, and does not provide for broader exemptions or exclusions beyond the scope of these adjustments. The Act also allows for further specification and extension of its application through subordinate instruments, which may detail additional requirements or transitional measures.
Key Provisions
The Broadcasting Legislation Amendment Act (No. 1) 2002 primarily introduces amendments to the Broadcasting Services Act 1992, particularly concerning the standards for high-definition television (HDTV) and the phase-in periods for transitioning to standard-definition television (SDTV) digital mode. Specifically, the Act modifies subparagraphs 37E(2)(a)(ii) and 37F(2)(a)(ii) of Schedule 4, replacing references to a "2-year period" with "phase-in period" to provide more flexibility and clarity in the transition to digital broadcasting. It also inserts new subclauses 37E(2A) and 37F(2A) to define the phase-in period more precisely as the later of the end of 30 June 2003 or the end of a 2-year period from when a licensee or broadcaster begins transmitting in SDTV digital mode.
Under the amended provisions, entities such as broadcasters and licensees are required to adhere to the new phase-in period definitions when transitioning to digital broadcasting standards. This includes ensuring that their services meet the specified digital broadcasting standards within the designated timeframes. The Act imposes a clear obligation on these entities to plan and execute their transitions in alignment with the new phase-in periods outlined in the legislation.
Failure to comply with the amended standards and timelines could result in significant legal consequences. Although the Act does not explicitly state penalties for non-compliance, breaches of the Broadcasting Services Act 1992, as amended by this Act, could lead to enforcement actions by the Australian Communications and Media Authority (ACMA). Such actions might include fines, formal warnings, or other regulatory measures. The potential penalties for non-compliance with broadcasting standards typically range from substantial monetary fines to more severe administrative actions, depending on the severity and frequency of the breaches.