Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Act 2015

Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Act 2015

No. 127, 2015

An Act to amend the Broadcasting Services Act 1992, and for other purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Broadcasting Services Act 1992

Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Act 2015

No. 127, 2015

An Act to amend the Broadcasting Services Act 1992, and for other purposes

[Assented to 16 September 2015]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Act 2015.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Broadcasting Services Act 1992

1  Paragraphs 41CA(1)(a) and (d)

Repeal the paragraphs.

2  After paragraph 41CA(1)(f)

Insert:

 (fa) if:

 (i) a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area; and

 (ii) the service is not the primary commercial television broadcasting service provided by the related terrestrial licensee;

  a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;

 (fb) if:

 (i) a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area; and

 (ii) the service is the primary commercial television broadcasting service provided by the related terrestrial licensee;

  a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;

 (fc) if:

 (i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and

 (ii) the service is not the primary commercial television broadcasting service provided by the metropolitan licensee;

  a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;

 (fd) if:

 (i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and

 (ii) the service is the primary commercial television broadcasting service provided by the metropolitan licensee;

  a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;

3  Paragraph 41CA(1)(g)

Omit “SDTV”.

4  At the end of paragraph 41CA(3)(b)

Add “or”.

5  After paragraph 41CA(3)(b)

Insert:

 (c) paragraph (1)(fb); or

 (d) paragraph (1)(fd);

6  After paragraph 7C(1)(a) of Schedule 2

Insert:

 (aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and

7  After paragraph 7C(2)(a) of Schedule 2

Insert:

 (aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and

8  After paragraph 7C(5)(a) of Schedule 2

Insert:

 (aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and

9  Subclause 7D(1) of Schedule 2

After “(f)”, insert “, (fb), (fd)”.

10  Subparagraph 7E(b)(i) of Schedule 2

After “service”, insert “that is not the primary commercial television broadcasting service provided by the terrestrial licensee”.

11  Subparagraph 7F(1)(a)(i) of Schedule 2

After “service”, insert “that is not the primary commercial television broadcasting service provided by the terrestrial licensee”.

12  Subparagraph 7G(b)(i) of Schedule 2

After “service”, insert “that is not the primary commercial television broadcasting service provided by the terrestrial licensee”.

13  Clause 41E of Schedule 4 (heading)

Repeal the heading, substitute:

41E  Multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events

14  Paragraphs 41E(1)(a) and (b) of Schedule 4

Omit “SDTV”.

15  Clause 41F of Schedule 4

Repeal the clause.

16  Clause 41FA of Schedule 4 (heading)

Repeal the heading, substitute:

41FA  Multi‑channelled commercial television broadcasting service provided under a section 38C licence—restrictions on televising anti‑siphoning events

17  Subparagraphs 41FA(1)(b)(i) and (ii)

Omit “SDTV”.

18  Clause 41FB of Schedule 4

Repeal the clause.

19  Subclauses 41G(2), (3) and (4) of Schedule 4

Omit “SDTV”.

20  Clause 41K of Schedule 4 (heading)

Repeal the heading, substitute:

41K  Multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events

21  Paragraphs 41K(1)(a) and (b) of Schedule 4

Omit “SDTV”.

22  Clause 41L of Schedule 4

Repeal the clause.

23  Clause 41LA of Schedule 4 (heading)

Repeal the heading, substitute:

41LA  Multi‑channelled national television broadcasting service provided with the use of a satellite—restrictions on televising anti‑siphoning events

24  Paragraphs 41LA(1)(a) and (b)

Omit “SDTV”.

25  Clause 41LB of Schedule 4

Repeal the clause.

26  Subclause 41M(1) of Schedule 4

Omit “SDTV”.

27  Subclauses 41N(1) and (2) of Schedule 4

Omit “SDTV”.

28  Transitional—declarations

(1) The amendments of clause 41G of Schedule 4 to the Broadcasting Services Act 1992 made by this Schedule do not affect the continuity of a declaration in force under that clause immediately before the commencement of this item.

(2) The amendment of clause 41M of Schedule 4 to the Broadcasting Services Act 1992 made by this Schedule does not affect the continuity of a declaration in force under that clause immediately before the commencement of this item.

(3) The amendments of clause 41N of Schedule 4 to the Broadcasting Services Act 1992 made by this Schedule do not affect the continuity of a declaration in force under that clause immediately before the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 19 August 2015

Senate on 9 September 2015]