Communications Legislation Amendment Act (No. 3) 2003

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

Legislation au C2004A01192 In force Act

Legislation content

 

 

 

 

 

 

Communications Legislation Amendment Act (No. 3) 2003

 

No. 108, 2003

 

 

 

 

 

An Act to amend legislation related to communications, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Solus television markets

Broadcasting Services Act 1992

Radiocommunications Act 1992

Part 2—Two‑service television markets

Broadcasting Services Act 1992

Part 3—Transmission of datacasting services

Radiocommunications Act 1992

Part 4—Variations to approved implementation plans

Broadcasting Services Act 1992

Part 5—Penalties payable instead of prosecution

Telecommunications Act 1997

 

 

 

Communications Legislation Amendment Act (No. 3) 2003

No. 108, 2003

 

 

 

An Act to amend legislation related to communications, and for related purposes

[Assented to 24 October 2003]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Communications Legislation Amendment Act (No. 3) 2003.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

24 October 2003

2.  Schedule 1, Part 1

A single day to be fixed by Proclamation, subject to subsection (3)

12 December 2003 (s 2(1); Gazette 2003, GN49)

3.  Schedule 1, Parts 2 to 4

The day on which this Act receives the Royal Assent

24 October 2003

4.  Schedule 1, Part 5

The 28th day after the day on which this Act receives the Royal Assent

21 November 2003

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

 (3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3  Schedule(s)

  Each Act 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—Solus television markets

Broadcasting Services Act 1992

1  After subclause 6(5A) of Schedule 4

Insert:

 (5AA) If:

 (a) the holder of a commercial television broadcasting licence holds another commercial television broadcasting licence; and

 (b) the other licence was allocated under section 38A before 1 January 2001; and

 (c) the licences relate to the same licence area (within the meaning of that section); and

 (d) within 90 days after the commencement of this subclause, the holder gives the ABA a written notice electing that this subclause apply to both of the commercial television broadcasting services concerned;

then:

 (e) paragraphs (3)(d), (e) and (ha) do not apply to either of the commercial television broadcasting services concerned; and

 (f) Part A of the commercial television conversion scheme must be directed towards ensuring the achievement of the objectives set out in subclause (5B).

2  Subclause 6(5B) of Schedule 4

Omit “paragraph (5A)(f)”, substitute “paragraphs (5A)(f) and (5AA)(f)”.

3  Paragraph 37E(4)(c) of Schedule 4

After “subclause 6(5A)”, insert “or (5AA)”.

4  Subparagraph 60(1)(g)(vi) of Schedule 4

After “subclauses 6(5A),”, insert “(5AA),”.

Radiocommunications Act 1992

5  Paragraph 102A(2A)(a)

After “(the first transmitter licence)”, insert “is or”.

6  Paragraph 102A(2A)(c)

Repeal the paragraph, substitute:

 (c) either before or after the issue of the first transmitter licence, another commercial television broadcasting licence (the additional BSA licence) is or was allocated to the person under section 38A or 38B of the Broadcasting Services Act 1992; and

7  Paragraph 102A(2A)(f)

After “subclause 6(5A)”, insert “or (5AA)”.


Part 2—Two‑service television markets

Broadcasting Services Act 1992

8  Paragraph 38B(18)(c)

Repeal the paragraph, substitute:

 (c) if the licence area for the licence is not of the kind mentioned in paragraph (b)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) within 1 year of being allocated the licence or within such longer period as is notified in writing by the ABA.

9  Subsection 38B(26) (paragraph (b) of the definition of designated time)

Repeal the paragraph, substitute:

 (b) in any other case—the time determined by the ABA in relation to the licence area under subsection (27).

10  At the end of section 38B

Add:

 (27) The ABA may, by writing, determine a time in relation to a licence area for the purposes of the definition of designated time in paragraph (26)(b).

 (28) For a licence area that is not a remote licence area (within the meaning of Schedule 4), the time determined under subsection (27) must be no later than 1 January 2006.


Part 3—Transmission of datacasting services

Radiocommunications Act 1992

11  Subsection 100A(1A)

Repeal the subsection.

12  Subsection 100A(1C)

Repeal the subsection.

13  Subsection 100A(2) (definition of coverage area)

Repeal the definition.

14  Subsection 100B(2A)

Repeal the subsection.

15  Subsection 100B(2C)

Repeal the subsection.

16  Subsection 100B(3) (definition of coverage area)

Repeal the definition.

17  Subsection 102(4)

Repeal the subsection.

18  Subsection 102(6)

Repeal the subsection.

19  Subsection 102(7)

Repeal the subsection.

20  Subsection 102A(4)

Repeal the subsection.

21  Subsection 102A(6)

Repeal the subsection.

22  Subsection 102A(7)

Repeal the subsection.


Part 4—Variations to approved implementation plans

Broadcasting Services Act 1992

23  At the end of clause 20 of Schedule 4

Add:

 (10) The Minister may, by writing, delegate to:

 (a) the Secretary of the Department; or

 (b) an SES employee or acting SES employee in the Department;

the Minister’s power to approve, or to refuse to approve, variations to approved implementation plans.

24  Application

The amendment made by this Part applies to variations given to the Minister either before or after the commencement of this Part.


Part 5—Penalties payable instead of prosecution

Telecommunications Act 1997

25  Subsection 399(1) (note)

Omit “Note”, substitute “Note 1”.

26  At the end of subsection 399(1)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

27  Subsection 411(2) (note)

Omit “Note”, substitute “Note 1”.

28  At the end of subsection 411(2)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

29  Subsection 413(2) (note)

Omit “Note”, substitute “Note 1”.

30  At the end of subsection 413(2)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

31  Subsection 414(2) (note)

Omit “Note”, substitute “Note 1”.

32  At the end of subsection 414(2)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

33  Subsection 415(2) (note)

Omit “Note”, substitute “Note 1”.

34  At the end of subsection 415(2)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

35  Subsection 416(2) (note)

Omit “Note”, substitute “Note 1”.

36  At the end of subsection 416(2)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

37  Subsection 417(2) (note)

Omit “Note”, substitute “Note 1”.

38  At the end of subsection 417(2)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

39  Subsection 420(2) (note)

Omit “Note”, substitute “Note 1”.

40  At the end of subsection 420(2)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

41  Subsection 421(4) (note)

Omit “Note”, substitute “Note 1”.

42  At the end of subsection 421(4)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

43  Subsection 434(1) (note)

Omit “Note”, substitute “Note 1”.

44  At the end of subsection 434(1)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

45  Subsection 434(2) (note)

Omit “Note”, substitute “Note 1”.

46  At the end of subsection 434(2)

Add:

Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

47  At the end of Part 21

Add:

Division 13—Penalties payable instead of prosecution

453A  Penalties payable instead of prosecution

 (1) The regulations may make provision in relation to enabling a person who is alleged to have committed an offence of a kind referred to in the following table to pay to the Commonwealth, as an alternative to prosecution, a penalty of an amount worked out in accordance with subsection (2).

 (2) The amount of penalty payable to the Commonwealth under regulations made for the purposes of subsection (1) in respect of an offence is determined using the following table:

 

Penalties payable

 

 

Item

Alleged offence

Penalty for individual

Penalty for body corporate

1

subsection 399(1)

12 penalty units

60 penalty units

2

subsection 411(2)

12 penalty units

60 penalty units

3

subsection 413(2)

12 penalty units

60 penalty units

4

subsection 414(2)

12 penalty units

60 penalty units

5

subsection 415(2)

12 penalty units

60 penalty units

6

subsection 416(2)

12 penalty units

60 penalty units

7

subsection 417(2)

6 penalty units

30 penalty units

8

subsection 420(2)

12 penalty units

60 penalty units

9

subsection 421(4)

12 penalty units

60 penalty units

10

subsection 434(1) or (2)

12 penalty units

60 penalty units

48  Application

The amendments made by this Part apply in relation to all offences (whether alleged to have been committed before or after this Part commences) in respect of which no penalty had yet been imposed as at the time of that commencement.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 19 June 2003

Senate on 21 August 2003]

 

(66/03)

 

Overview

The Communications Legislation Amendment Act (No. 3) 2003, enacted by the Parliament of Australia, aims to amend various communications-related legislations to address gaps and update provisions in response to evolving technological and market changes. The Act, assented to on 24 October 2003, modifies several key Acts, including the Broadcasting Services Act 1992, Radiocommunications Act 1992, and Telecommunications Act 1997. It introduces changes to regulations surrounding television broadcasting licenses, particularly for "solus" and "two-service" television markets, and repeals certain provisions related to datacasting services. Additionally, the Act introduces penalties payable as an alternative to prosecution for certain telecommunications offences, providing a more streamlined approach to enforcing compliance. The overarching policy objective of the Act is to ensure that the regulatory framework remains effective, adaptable, and responsive to the needs of the communications industry and consumers.

Scope and Application

The Communications Legislation Amendment Act (No. 3) 2003 applies to various entities and individuals involved in the communications industry in Australia, including those operating within the broadcasting and telecommunications sectors. It amends the Broadcasting Services Act 1992, the Radiocommunications Act 1992, and the Telecommunications Act 1997. The Act applies to commercial television broadcasting licence holders, individuals or entities seeking to operate within the defined markets, and those involved in the transmission of datacasting services. The jurisdictional reach of the Act is national, as it amends Commonwealth legislation. Certain provisions of the Act commence on the day it receives Royal Assent, while others are subject to a proclamation to be made on a specified date. The Act does not explicitly state any exclusions or exemptions, but the specific provisions it amends may contain such details. The Act extends its application through subordinate instruments, specifically through regulations that can be made under the amended Acts to provide for penalties payable instead of prosecution for certain offences.

Key Provisions

The Communications Legislation Amendment Act (No. 3) 2003 introduces several key provisions primarily affecting the broadcasting services and telecommunications sectors. Section 1 provides the title of the Act, while section 2 outlines the commencement dates for various parts of the Act. The Schedule includes amendments to existing Acts, primarily the Broadcasting Services Act 1992 and the Radiocommunications Act 1992. These amendments focus on altering the conditions for holding and operating television broadcasting licences, including the transmission of datacasting services, and modifying penalties payable instead of prosecution. Specifically, under the Broadcasting Services Act 1992, new subclauses have been introduced to address the holding of multiple commercial television broadcasting licences in the same licence area. If a licensee holds two licences and elects for certain provisions to apply, specific paragraphs become inoperative, and the conversion scheme must aim to achieve certain objectives. Additionally, new provisions are included to determine the commencement of commercial television broadcasting services in SDTV digital mode for certain licence areas. The Act also modifies the definition of designated time for commercial television broadcasting services. The Radiocommunications Act 1992 sees the repeal of several subsections that previously governed the allocation and operation of commercial television broadcasting licences, including those related to the transmission of datacasting services. The Act also introduces new delegation provisions allowing the Minister to delegate the power to approve variations to approved implementation plans to specific officials within the Department. The Telecommunications Act 1997 is amended to introduce a new division allowing for penalties payable instead of prosecution for certain offences. The regulations can specify penalty amounts for individuals and corporate bodies for various offences, providing an alternative to prosecution. Entities governed by these Acts, particularly broadcasters and telecommunications service providers, are subject to compliance with these new provisions. Broadcasters must adhere to the new rules on holding multiple licences and ensure compliance with the amended conditions for converting to digital broadcasting. They must also comply with any new delegation provisions regarding the approval of variations to implementation plans. Service providers must be aware of the new penalties and the conditions under which they can be imposed. Breaches of the new provisions could result in financial penalties as specified under the new division in the Telecommunications Act 1997. The penalties for individuals and corporate bodies vary depending on the offence, with fines ranging from 6 to 60 penalty units. These penalties provide a deterrent to non-compliance and an alternative to criminal prosecution for certain offences.

Legal classification tags

Area of Law
Communications Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Penalties payable instead of prosecution

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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.