Broadcasting Legislation Amendment (Digital Radio) Act 2008

Overview

The Broadcasting Legislation Amendment (Digital Radio) Act 2008, enacted by the Parliament of Australia, was introduced to amend the existing broadcasting laws to accommodate the transition to digital radio broadcasting. The Act seeks to address the legislative gaps that needed to be filled to ensure the smooth implementation of digital radio services. This includes adjustments to the definition of metropolitan licence areas and the introduction of provisions regarding the issuance of shares to digital community radio broadcasting representative companies. The policy objective behind the Act is to facilitate the expansion of digital radio services while ensuring that existing broadcasters and community radio entities are properly accommodated in the new digital framework. The Act amends the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 to include provisions that allow for the issuing of shares to digital community radio broadcasting representative companies under specific conditions. This ensures that community radio broadcasters have a stake in the new digital broadcasting environment, promoting diversity and representation in the digital radio sector. Additionally, the Act provides a constitutional safety net to compensate individuals if the implementation of these provisions results in the acquisition of their property without just terms, as defined in the Australian Constitution.

Scope and Application

The Broadcasting Legislation Amendment (Digital Radio) Act 2008 is a Commonwealth Act that seeks to amend the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 to facilitate the transition to digital radio broadcasting. It applies to broadcasters and licensees who hold broadcasting licences under the Broadcasting Services Act 1992, particularly those operating in metropolitan licence areas. The Act’s amendments aim to ensure that digital community radio broadcasting representative companies have an opportunity to acquire shares in licensees, thus providing a voice for community radio in the digital era. The Act applies nationally across Australia and its provisions extend to any amendments made through subordinate instruments as specified in the Schedules to the Act. There are no stated exclusions or exemptions in the Act, although it does provide a constitutional safety net for compensation if the operation of the Act results in the acquisition of property from a person otherwise than on just terms.

Key Provisions

The Broadcasting Legislation Amendment (Digital Radio) Act 2008 primarily amends the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 to facilitate the transition to digital radio broadcasting. Section 1 of the Act specifies that it may be cited as the Broadcasting Legislation Amendment (Digital Radio) Act 2008, while Section 2 outlines that the Act commences the day after receiving Royal Assent. Schedule 1 details the specific amendments to the existing Acts. Under the Broadcasting Services Act 1992, Section 1 amends paragraph 8AC(3)(a) by changing the date from 1 January 2009 to 1 July 2009, thereby adjusting the commencement date for certain digital broadcasting services. Section 2 modifies the definition of "metropolitan licence area" by removing the option for areas outside Australia, thereby specifying that such areas can only be within Australia. Section 3 further refines this definition by repealing a redundant paragraph. The Radiocommunications Act 1992 is amended to include a new subsection 109D(3) at the end of section 109D, which imposes conditions on the issue of shares to a digital community radio broadcasting representative company. If such a company exists for a designated Broadcasting Services Act (BSA) radio area and requests shares within specific timeframes, the licensee must offer to issue shares to the company, ensuring the offer is kept open for at least 120 days and that the offer price adheres to a specified formula. Additionally, subsection 109D(4) restricts the company to making only one request under these conditions. Subsection 109D(5) stipulates that compensation is payable if the operation of subsection 109D(3) results in the acquisition of property from a person otherwise than on just terms. The Act imposes several obligations on the licensees. They must offer shares to the digital community radio broadcasting representative company under specific conditions, including offering shares that would constitute two-ninths of the total shares in the licensee, ensuring the offer is kept open for at least 120 days, and adhering to the compensation provisions if applicable. Furthermore, the offer price for the shares must not exceed the amount determined by the specified formula. Breach of the provisions regarding the issue of shares to the digital community radio broadcasting representative company may result in civil or criminal consequences. However, the Act does not explicitly state the specific offences, penalties, or consequences for non-compliance. For instance, if the licensee fails to adhere to the offer conditions, the representative company may have grounds to seek relief through the courts. Additionally, if the operation of subsection 109D(3) results in the acquisition of property without just terms, the Commonwealth is liable to pay compensation, and the aggrieved party may institute proceedings to recover such compensation.