Broadcasting Legislation Amendment (Digital Dividend) Act 2013

Overview

The Broadcasting Legislation Amendment (Digital Dividend) Act 2013 was enacted by the Parliament of Australia to address the need for amendments to broadcasting legislation in light of the digital dividend, which refers to the release of radio spectrum previously used by analogue television broadcasters for digital services. This Act, which received Royal Assent on 28 May 2013, amends the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 to facilitate the transition to digital broadcasting and to ensure the efficient use of the radio spectrum. A key policy objective of this Act is to streamline the licensing requirements for certain datacasting services, allowing designated services to operate under specific conditions while ensuring that the spectrum is utilised effectively for digital broadcasting purposes. The Act introduces significant changes to the definition and regulation of datacasting services, particularly focusing on those provided by commercial television and radio broadcasters and national broadcasters, as well as those specified by the Minister. The amendments also involve the repeal of certain sections and the insertion of new definitions and conditions to better align with the current broadcasting landscape. Additionally, the Act mandates the Australian Communications and Media Authority (ACMA) to review and report on the provision of spectrum for low interference potential device class licences, aiming to provide a clear transition pathway for these services by 30 July 2013. This legislative amendment is crucial in adapting to the evolving digital broadcasting environment and ensuring the optimal use of the radio spectrum.

Scope and Application

The Broadcasting Legislation Amendment (Digital Dividend) Act 2013 amends the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 to update and refine the regulatory framework governing broadcasting services in Australia, specifically targeting datacasting services. The Act applies to entities and individuals providing broadcasting services, including commercial television and radio broadcasters, national broadcasters, and other entities specified by the Minister through legislative instruments. This legislation aims to facilitate the use of digital dividend spectrum for broadcasting purposes, thereby enhancing the efficiency and utility of spectrum allocation. The Act’s amendments take effect on different dates, with most provisions commencing on the day after Royal Assent, and specific items related to datacasting services starting on 1 October 2013. The geographic reach of the Act is national, impacting all entities operating within Australia that fall under the purview of the amended Acts. Certain provisions allow for the specification of datacasting services through subordinate instruments, thereby extending or restricting the application of the Act to particular types of services as determined by the Minister.

Key Provisions

The Broadcasting Legislation Amendment (Digital Dividend) Act 2013 (Act) primarily seeks to amend the Broadcasting Services Act 1992 (BSA) and the Radiocommunications Act 1992 (RA). It introduces changes to how datacasting services are regulated, especially focusing on designated datacasting services. According to sections 1 to 24 of Schedule 1, these amendments came into effect on 1 October 2013. The Act also directs the Australian Communications and Media Authority (ACMA) to review and report on the provision of spectrum for low interference potential device class licences by 30 July 2013. The Act imposes specific obligations on entities providing designated datacasting services. Under section 2A of Schedule 1 to the BSA, a person who provides a designated datacasting service must hold a datacasting licence. This requirement applies to services provided by commercial television broadcasting licensees, commercial radio broadcasting licensees, or national broadcasters, as well as to services specified by the Minister through a legislative instrument. Furthermore, the Act mandates that the Minister direct the ACMA to review and report on the provision of spectrum for low interference potential device class licences and to provide a transition pathway for such licences by 30 July 2013, as outlined in the Act. Breaches of the provisions under this Act can lead to various civil or criminal consequences. Although the Act does not explicitly state penalties for non-compliance, the BSA and RA might contain provisions that apply. Generally, the BSA imposes penalties for contravening licensing requirements, which could include fines or imprisonment. The RA also outlines penalties for non-compliance with spectrum provisions, which might include fines or other regulatory actions. However, the exact penalties would depend on the specific breach and the relevant sections of the BSA or RA.