Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Act 2015

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015A00127 In force Act

Legislation content

 

 

 

 

 

 

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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

17 September 2015

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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]

(133/15)

 

Overview

The Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Act 2015 is an Act of the Parliament of Australia designed to amend the Broadcasting Services Act 1992. It was enacted to address issues related to the broadcasting of High Definition Television (HDTV) multi-channel services, specifically focusing on the distinctions between primary and non-primary services and their implications for anti-siphoning rules. The Act removes certain references to Standard Definition Television (SDTV) and introduces provisions that distinguish between primary and non-primary commercial television broadcasting services in terms of program content. The overarching policy objective of the Act is to ensure that anti-siphoning provisions, which prevent the simultaneous broadcast of certain events on multiple channels, are appropriately applied to both primary and non-primary services. The Act came into effect on 17 September 2015.

Scope and Application

The Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Act 2015 amends the Broadcasting Services Act 1992 to make specific changes to the regulation of commercial television broadcasting services, particularly in relation to high-definition television (HDTV) and standard-definition television (SDTV) services. This Act applies to commercial television broadcasting licensees, including both related terrestrial licensees and metropolitan licensees, who provide television broadcasting services in designated terrestrial licence areas and metropolitan licence areas across Australia. It removes references to SDTV and updates definitions and restrictions to reflect the transition towards HDTV services, which now include multi-channelled services. The Act came into effect on 17 September 2015, the day after receiving Royal Assent, and it does not include any specific exclusions or exemptions. The application and scope of the Act are further detailed in the schedules, which amend specific sections and clauses of the Broadcasting Services Act 1992 to align with the changes introduced by this legislation.

Key Provisions

The Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Act 2015 introduces several key amendments to the Broadcasting Services Act 1992. The primary changes revolve around the definitions and restrictions concerning high-definition television (HDTV) multi-channelled commercial television broadcasting services. For instance, under section 41CA(1) of the Broadcasting Services Act 1992, the Act repeals the definitions in paragraphs (a) and (d) and adds new definitions in paragraphs (fa) to (fd), which specify the types of HDTV multi-channelled services provided by related terrestrial and metropolitan licensees. These definitions differentiate between primary and non-primary services and ensure that the content on multi-channelled services aligns with that of the primary service. The amended Act imposes specific obligations on commercial television broadcasting licensees. For example, licensees must ensure that any HDTV multi-channelled commercial television broadcasting service they provide, whether primary or not, has content that is the same or substantially the same as their primary service. This requirement ensures consistency in the programming offered across different channels. Additionally, the Act modifies the scope of certain restrictions related to the televising of anti-siphoning events, such as major sporting events, by removing references to standard definition television (SDTV) and updating the clauses to focus solely on HDTV services. In terms of penalties and consequences, the Act does not explicitly state new offences or penalties within its text. However, breaches of the Broadcasting Services Act 1992, including the provisions amended by this Act, could potentially result in enforcement actions by the Australian Communications and Media Authority (ACMA). Such actions may include fines, admonishments, or other regulatory measures as stipulated by the overarching Act. The specific penalties would be in accordance with the existing provisions of the Broadcasting Services Act 1992, which could entail substantial fines depending on the severity and nature of the breach.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.