Broadcasting Services (Simulcast Period for Metropolitan Licence Areas) Determination (No. 1) 2009

Overview

The Broadcasting Services (Simulcast Period for Metropolitan Licence Areas) Determination (No. 1) 2009, as amended, was made under clause 6A(1) of Schedule 4 of the Broadcasting Services Act 1992. This legislative instrument was developed to address the specific issue of setting simulcast periods for metropolitan licence areas within Australia, ensuring a smooth transition to digital broadcasting. The determination specifies the duration of simulcast periods for metropolitan licence areas, which include Adelaide, Perth, Brisbane, Sydney, and Melbourne. This was enacted by the Parliament of Australia and the policy objective was to provide clarity and certainty regarding the simulcast periods, facilitating a coordinated approach to the digital switchover in these regions. The determination was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and it commenced on the day after its registration on the Federal Register of Legislative Instruments. The instrument defines the simulcast period as per the Broadcasting Services Act 1992 and outlines the specific end dates for the simulcast periods in the metropolitan licence areas mentioned. The initial determination was registered on 20 November 2009 and came into effect the following day. It was subsequently amended in 2012 to reflect changes necessary for the digital transition process.

Scope and Application

The Broadcasting Services (Simulcast Period for Metropolitan Licence Areas) Determination (No. 1) 2009, made under the Broadcasting Services Act 1992, applies to the metropolitan licence areas of Adelaide, Perth, Brisbane, Sydney, and Melbourne. This legislative instrument sets specific dates until which the simulcast period for digital television services is to operate in these metropolitan areas, ensuring a transitional phase for broadcasters and viewers alike. The simulcast period refers to the time during which analogue and digital television signals are broadcast simultaneously, allowing viewers to adjust to the new digital technology. This Determination sets these periods as ending on particular dates, ensuring a coordinated national transition to digital broadcasting. The Act and its subordinate instruments aim to provide clarity and uniformity in the broadcasting sector across these jurisdictions, ensuring that broadcasters comply with the stipulated simulcast periods.

Key Provisions

The Broadcasting Services (Simulcast Period for Metropolitan Licence Areas) Determination (No. 1) 2009 (F2009L04281) outlines specific periods during which digital television services must be simulcast alongside analogue services in metropolitan licence areas. This is particularly detailed in section 4 of the Determination, which specifies the simulcast period for each metropolitan licence area: Adelaide TV1 licence area until 2 April 2013 (paragraph a), Perth TV1 licence area until 16 April 2013 (paragraph b), Brisbane TV1 licence area until 28 May 2013 (paragraph c), Sydney TV1 licence area until 3 December 2013 (paragraph d), and Melbourne TV1 licence area until 10 December 2013 (paragraph e). These provisions are instrumental in ensuring a smooth transition from analogue to digital broadcasting services. Entities and parties governed by this Determination are required to comply with the specified simulcast periods. Broadcasters, in particular, must ensure that their digital signals are simulcast with their analogue signals for the duration specified by the Determination. This is crucial for maintaining continuity of service and ensuring that viewers are not abruptly cut off from their usual programming during the transition phase. Broadcasters must also ensure that their technical infrastructure supports the simulcast for the specified periods, which includes having the necessary equipment and staff trained to manage both analogue and digital signals. Failure to comply with the requirements set out in the Determination can result in legal consequences. Although the Determination itself does not explicitly state the penalties for non-compliance, breaches may be addressed under the broader provisions of the Broadcasting Services Act 1992, which includes potential fines and other sanctions. The penalties can vary depending on the severity and frequency of the breach, and may be pursued through civil or criminal proceedings. Broadcasters and other entities must therefore ensure strict adherence to the stipulated simulcast periods to avoid any legal ramifications.