Broadcasting Services Amendment (Community Television) Act 2024

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

Legislation au C2024A00015 In force Act

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Broadcasting Services Amendment (Community Television) Act 2024

 

No. 15, 2024

 

 

 

 

 

An Act to amend the law relating to communications, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Amendments relating to access to spectrum

Broadcasting Services Act 1992

Radiocommunications Act 1992

Part 2—Amendments relating to codes of practice

Broadcasting Services Act 1992

 

 

Broadcasting Services Amendment (Community Television) Act 2024

No. 15, 2024

 

 

 

An Act to amend the law relating to communications, and for related purposes

[Assented to 8 April 2024]

The Parliament of Australia enacts:

1  Short title

  This Act is the Broadcasting Services Amendment (Community Television) Act 2024.

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.

9 April 2024

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Part 1—Amendments relating to access to spectrum

Broadcasting Services Act 1992

1  Section 89

Before “A community”, insert “(1)”.

2  At the end of section 89

Add:

 (2) However, if:

 (a) the community broadcasting licence is a related licence for the purposes of subsection 102(1) of the Radiocommunications Act 1992; and

 (b) each transmitter licence issued under that subsection in relation to the community broadcasting licence is cancelled by force of paragraph 103(4A)(c) of that Act;

the community broadcasting licence is cancelled at the same time by force of this subsection.

Radiocommunications Act 1992

3  Before section 96A

Insert:

Division 1A—Use of spectrum for community broadcasting

4  Subsection 96A(1)

Repeal the subsection, substitute:

 (1) It is the intention of the Parliament that, until the day determined by the ACMA under subsection 96D(1), access to the broadcasting services bands be available to provide the following services in a prescribed area:

 (a) community broadcasting services provided under a CTV licence;

 (b) open narrowcasting television services provided for community or educational non‑profit purposes that are transmitted from one or more radiocommunications transmitters, the operation of which is authorised under an apparatus licence issued under section 100.

5  After section 96B

Insert:

96C  Declaration to make spectrum available for alternative uses

 (1) The ACMA may, by notifiable instrument, declare that the parts of the spectrum used as mentioned in subsection 96A(1) are to be made available for alternative uses.

Note: The alternative uses could include the following:

(a) transitioning of other technologies;

(b) consolidation of the spectrum to achieve a digital dividend;

(c) setting aside parts of the spectrum for future demand.

 (2) In making the declaration, the ACMA must have regard to possible future demand for use of those parts of the spectrum.

96D  Determination of specified day

 (1) The ACMA may, by legislative instrument, determine a specified day for the purposes of subsection 96A(1).

 (2) The instrument must not be made within the period of 6 months after the declaration made under section 96C is registered on the Federal Register of Legislation.

 (3) The day specified in the instrument must be at least 6 months after the instrument is registered on the Federal Register of Legislation.

Note: For licences cancelled at the end of the specified day, see:

(a) subsection 89(2) of the Broadcasting Services Act 1992; and

(b) subsection 103(2A) and paragraph 103(4A)(c) of this Act.

6  Subsection 103(2A)

Omit “does not have effect after 30 June 2024”, substitute “is cancelled, by force of this subsection, at the end of the day determined by the ACMA under subsection 96D(1)”.

7  Paragraph 103(4A)(c)

Omit “does not have effect after 30 June 2024”, substitute “is cancelled, by force of this paragraph, at the end of the day determined by the ACMA under subsection 96D(1)”.

8  Subsection 103(4B)

Repeal the subsection.

Part 2—Amendments relating to codes of practice

Broadcasting Services Act 1992

9  After subsection 123(1)

Insert:

 (1A) For the purposes of a code of practice developed under this section, the licensee who holds the apparatus licence mentioned in subsection 103(2A) of the Radiocommunications Act 1992 is taken to be:

 (a) part of the section of the industry referred to in paragraph (1)(b); and

 (b) not part of the section of the industry referred to in paragraph (1)(e).

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 15 February 2024

Senate on 21 March 2024]

 

(13/24)

 

Overview

The Broadcasting Services Amendment (Community Television) Act 2024, enacted by the Parliament of Australia and assented to on 8 April 2024, amends the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 to address the need for continued access to spectrum for community television services, as well as to establish a framework for the Australian Communications and Media Authority (ACMA) to manage the allocation of spectrum for alternative uses. This Act introduces provisions to ensure that community broadcasting services and certain non-profit narrowcasting services can continue to operate until the ACMA determines a specified day for alternative spectrum use. The policy objective is to provide certainty and stability for community broadcasters, while also enabling the ACMA to adapt to future technological and market changes. The Act also makes amendments to the codes of practice under the Broadcasting Services Act 1992, clarifying the classification of licensees holding apparatus licences for the purposes of developing industry codes of practice. This ensures that these licensees are appropriately categorised within the regulatory framework, facilitating effective oversight and compliance within the community broadcasting sector.

Scope and Application

The Broadcasting Services Amendment (Community Television) Act 2024 is a Commonwealth Act that seeks to amend the Broadcasting Services Act 1992 and the Radiocommunications Act 1992, thereby impacting entities involved in broadcasting services and spectrum use, particularly those associated with community television services. The Act applies to community broadcasters and other entities that hold broadcasting licences, as well as to the Australian Communications and Media Authority (ACMA), which is responsible for the administration of these Acts. It operates on a national level across Australia and came into effect on 9 April 2024, the day following Royal Assent. The Act introduces changes that primarily affect the availability and regulation of spectrum for community broadcasting services, including the conditions under which these services can operate and be regulated. The Act also allows for the ACMA to declare certain spectrum parts available for alternative uses, subject to considerations of future demand, and to determine a specified day for the cessation of certain services, with provisions for the automatic cancellation of related licences. The amendments do not specify any exclusions or exemptions but extend their application through the creation of subordinate instruments, such as notifiable instruments and legislative instruments, for the declaration and determination processes.

Key Provisions

The Broadcasting Services Amendment (Community Television) Act 2024 (the "Act") amends the Broadcasting Services Act 1992 (BSA) and the Radiocommunications Act 1992 (RA). The Act introduces significant changes to the spectrum access and community broadcasting provisions. Section 89 of the BSA is amended to clarify the conditions under which a community broadcasting licence may be cancelled (section 89(2)). Additionally, Division 1A is inserted into the RA to specify the use of spectrum for community broadcasting services (section 96A), and to allow the Australian Communications and Media Authority (ACMA) to declare when spectrum used for these services will be made available for alternative uses (section 96C). The Act also provides for the ACMA to determine a specified day for these changes (section 96D). The Act imposes several obligations on the parties it governs. Broadcasters holding community broadcasting licences must comply with the conditions set out in the Act, particularly those relating to the availability of spectrum for community broadcasting services and the potential for spectrum to be made available for alternative uses. The ACMA is tasked with making determinations about the availability of spectrum for community broadcasting services and for alternative uses, and these determinations must be made in accordance with the provisions of the Act. Additionally, the Act requires the ACMA to consider possible future demand for spectrum when making these determinations. Breaches of the Act may lead to civil and criminal consequences. For instance, failure to comply with the conditions of a community broadcasting licence could result in the licence being cancelled. The Act does not specify penalties for such breaches, but penalties may be prescribed in other legislation, such as the BSA. Additionally, making false or misleading statements in an application for a licence or in a report to the ACMA could result in criminal charges, with potential penalties including fines and imprisonment. The exact penalties for such offences are prescribed in other legislation, and may vary depending on the circumstances of the offence.

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Communications Law
Instrument
Act
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Commencement Provisions
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.