Broadcasting Services Amendment Act 1993

Overview

The Broadcasting Services Amendment Act 1993 was enacted by the Parliament of Australia to address specific issues within the television broadcasting industry, particularly in relation to the allocation of subscription television broadcasting licences and cross-media ownership. The Act amends the Broadcasting Services Act 1992 to introduce new provisions concerning the allocation of licences dependent on a Multi-channel Digital Subscription (MDS) system, the monitoring of cross-media ownership, and a review of the television broadcasting industry. One of the key policy objectives of this Act is to ensure that the allocation of licences does not undermine the objectives of the Broadcasting Services Act 1992, particularly in relation to maintaining diversity in the media industry. The Act also seeks to provide more flexibility in the conditions that can be applied to different classes of licensees.

Scope and Application

The Broadcasting Services Amendment Act 1993 amends the Broadcasting Services Act 1992 to refine and extend the regulation of broadcasting services in Australia. This Act applies to the Australian Broadcasting Authority (ABA) and broadcasters who operate within the scope of the Broadcasting Services Act 1992. Its reach is national, impacting entities involved in subscription television broadcasting, particularly those that depend on specific frequency bands defined as MDS systems. The Act does not explicitly state exclusions or thresholds but modifies the conditions under which licences are allocated and monitored, specifically targeting subscription television broadcasting licensees. The Act also provides for subordinate instruments to further define the scope and application, such as the monitoring of cross-media ownership and the establishment of transmission system standards. Additionally, the Act mandates specific reviews by the Minister to assess the benefits of increasing the number of commercial television broadcasting services and the feasibility of adjusting Australian content expenditure requirements.

Key Provisions

The Broadcasting Services Amendment Act 1993 amends the Broadcasting Services Act 1992 in several significant ways. Firstly, section 3 amends the definitions in section 6 of the Principal Act to include terms such as "line" and "MDS system". The "MDS system" is defined as a system for transmitting radiocommunications on specified frequency bands (sections 2076 to 2111 Megahertz and 2300 to 2400 Megahertz). Section 4 amends section 94 of the Principal Act to require the Australian Broadcasting Authority (ABA) to agree on transmission system standards by 1 March 1994. The Act also imposes specific obligations on the ABA concerning the allocation of subscription television broadcasting licences (section 5). For services dependent on an MDS system, the ABA must not allocate such a licence before services commence under licences A, B, or C, as outlined in section 96(3A) of the Principal Act. This restriction is in effect until 31 December 1994, as specified in section 96(3B). Furthermore, section 6 mandates that the ABA, in consultation with the Trade Practices Commission, monitor the cross-media ownership of licence holders under section 96. If the ABA finds that these objects are being undermined, it must report its concerns to the Minister, who is then required to lay a copy of the report before each House of Parliament within 15 sitting days of that House receiving the report (section 6(2) and (3)). The Act also modifies the conditions that may relate to broadcasting licences (section 7). It removes the specific references to licensees A, B, and C and instead refers to "subscription television broadcasting licensees". Additionally, it allows for different conditions to be applied to different classes of licensees (section 7(4A)). The Act repeals section 215 of the Principal Act and replaces it with a new section requiring the Minister to conduct two reviews (section 8). The first review, to be completed before 1 July 1997, must assess the national benefits of permitting more than three commercial television broadcasting services in licence areas. The second review, to be conducted as soon as practicable but also before 1 July 1997, must examine the operation of the condition relating to Australian content on subscription television broadcasting licensees, including the feasibility of increasing the required expenditure level to 20% under section 102. Failure to comply with the provisions of the Broadcasting Services Amendment Act 1993 may result in civil or criminal consequences, though the specific offences and penalties are not detailed in the text provided. The Act, however, references the potential for reports and reviews that could lead to further legislative actions or sanctions if the objects of the Act are found to be undermined. The maximum penalties for breaches of broadcasting laws under the Principal Act can include substantial fines and, in some cases, imprisonment, though these specifics are not elaborated upon in the current excerpt.