Broadcasting Services (Digital Television Standards) Regulations 2000

Broadcasting Services (Digital Television Standards) Regulations 2000

Statutory Rules 2000 No. 313 as amended

made under the

Broadcasting Services Act 1992

This compilation was prepared on 28 April 2007
taking into account amendments up to SLI 2007 No. 109

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary 

 1.01 Name of Regulations [see Note 1]

 1.02 Commencement [see Note 1]

 1.03 Definitions 

Part 4 HDTV quotas: reporting and record keeping 

 4.01 Reporting to ACMA 

 4.02 Secretary or SES employee may request copy of report

 4.03 Keeping records

 4.04 Secretary or SES employee may request copy of record

Notes   

Part 1 Preliminary

1.01 Name of Regulations [see Note 1]

  These Regulations are the Broadcasting Services (Digital Television Standards) Regulations 2000.

1.02 Commencement [see Note 1]

  These Regulations commence as follows:

 (a) on gazettal — Part 1;

 (b) on the commencement of item 126 of Schedule 1 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 — the remainder.

1.03 Definitions

  In these Regulations:

Act means the Broadcasting Services Act 1992.

archival material means material described in that way in subclause 37L (3) of Schedule 4 to the Act.

commercial television broadcasting licensee means the holder of a commercial television broadcasting licence.

Note   See subsection 6 (1) of the Act for the definition of commercial television broadcasting licence.

HDTV quota:

 (a) for a commercial television broadcasting licensee — has the meaning given by subclause 37E (2A) of Schedule 4 to the Act; and

 (b) for a national broadcaster — has the meaning given by subclause 37F (2A) of Schedule 4 to the Act.

HDTV quota period:

 (a) for a commercial television broadcasting licensee — has the meaning given by subclause 37E (2) of Schedule 4 to the Act; and

 (b) for a national broadcaster — has the meaning given by subclause 37F (2) of Schedule 4 to the Act.

high‑definition television program has the meaning given by clause 37L of Schedule 4 to the Act.

incidental material has the meaning given by subclause 37L (6) of Schedule 4 to the Act.

prime viewing hours has the meaning given by clause 37M of Schedule 4 to the Act.

television broadcaster means:

 (a) a commercial television broadcasting licensee; or

 (b) a national broadcaster.

television program has the meaning given by subclause 37L (6) of Schedule 4 to the Act.

Part 4 HDTV quotas: reporting and record keeping

4.01 Reporting to ACMA

 (1) A television broadcaster must give ACMA interim and consolidated annual reports in accordance with these Regulations.

 (2) An interim report relates to a period from 1 January to 30 June (inclusive) in each year of the HDTV quota period, unless subregulation (4) applies to the television broadcaster.

 (3) A consolidated annual report relates to each full calendar year of the HDTV quota period, unless subregulation (4) applies to the television broadcaster.

 (4) Interim and annual reports are required for the HDTV quota period in accordance with the table.

 (5) If a HDTV quota period ends on a date other than 31 December, the broadcaster’s reports are to be submitted as if the period ended on 31 December of that year.

 (6) A report must be given within 30 days after the end of the period to which the report relates, or within any longer period agreed to by ACMA.

 (7) A report must set out the following information, for each month of the period to which the report relates:

 (a) the total number of hours of high‑definition television programs transmitted by the television broadcaster;

 (b) the total number of hours of high‑definition television programs transmitted by the television broadcaster in prime viewing hours;

 (c) if the television broadcaster is a commercial television broadcasting licensee and 1 or more high‑definition television programs transmitted by the television broadcaster in the month contain archival material:

 (i) the total duration of those programs; and

 (ii) the total duration of the archival material; and

 (iii) the maximum proportion of archival material contained in any of the programs transmitted in the month.

 (8) A report must be in a form approved by ACMA.

4.02 Secretary or SES employee may request copy of report

  If the Secretary, an SES employee or an acting SES employee of the Department requests ACMA to give him or her a copy of a report given to ACMA under regulation 4.01, ACMA must comply with the request as soon as practicable.

4.03 Keeping records

 (1) A television broadcaster must make and keep a record for:

 (a) each television program transmitted by the television broadcaster that is entirely, or in part, a high‑definition television program; and

 (b) incidental material that:

 (i) is transmitted during or between television programs; and

 (ii) is a high‑definition television program (but is not incidental material mentioned in paragraph 37L (1) (c) or (2) (e) of Schedule 4 to the Act);

that the television broadcaster wishes to count towards the HDTV quota.

Note   Subregulation (1) does not require a television broadcaster to keep a separate record of incidental material transmitted during a high‑definition television program.

 (2) The record must include the following information:

 (a) the title of the program;

 (b) the date of transmission;

 (c)  the duration of the transmission;

 (d) for a commercial television broadcasting licensee — the duration of archival material (if any) contained in the program;

 (e) any other information that ACMA has told the broadcaster, in writing, to include in the record.

 (3) If ACMA tells a television broadcaster, in writing, to keep the record in a particular form, the television broadcaster must keep the record in that form.

 (4) The television broadcaster must keep the record for 18 months after the transmission of the program was first reported in accordance with regulation 4.01.

 (5) If ACMA requests a television broadcaster, in writing, to give it a copy of a record kept under this regulation, the broadcaster must comply with the request.

4.04 Secretary or SES employee may request copy of record

  If the Secretary, an SES employee or an acting SES employee of the Department requests ACMA to give him or her a copy of a record that was given to ACMA under subregulation 4.03 (5), ACMA must comply with the request as soon as practicable.

Notes to the Broadcasting Services (Digital Television Standards) Regulations 2000

Note 1

The Broadcasting Services (Digital Television Standards) Regulations 2000 (in force under the Broadcasting Services Act 1992) as shown in this compilation comprise Statutory Rules 2000 No. 313 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Table of Amendments