Datacasting Charge (Imposition) Amendment Act 2000

Overview

The Datacasting Charge (Imposition) Amendment Act 2000, enacted by the Parliament of Australia, serves to amend the Datacasting Charge (Imposition) Act 1998. This legislation was introduced to address specific gaps in the regulatory framework surrounding datacasting services, ensuring alignment with broader broadcasting regulatory changes encapsulated in the Broadcasting Services Act 1992. The Act aims to redefine key terms such as "BSA datacasting licence" and "designated teletext service" to reflect amendments made in the Broadcasting Services Act 1992. Additionally, it seeks to streamline the criteria for the imposition of datacasting charges by clarifying the conditions under which such charges apply. The policy objective underpinning this amendment is to maintain a cohesive and updated regulatory environment that supports the evolving landscape of broadcasting and datacasting services in Australia.

Scope and Application

The Datacasting Charge (Imposition) Amendment Act 2000 amends the Datacasting Charge (Imposition) Act 1998 by introducing changes that affect entities involved in datacasting services under the Broadcasting Services Act 1992. The Act applies to entities that hold a transmitter licence for providing datacasting services, specifically targeting those that are commercial television broadcasters. It does not apply to designated teletext services as defined in the Broadcasting Services Act 1992. The legislative amendments refine the scope of datacasting services subject to the datacasting charge by clarifying definitions and conditions under which the charge applies. The Act commences concurrently with Schedule 6 of the Broadcasting Services Act 1992, indicating a coordinated implementation across related legislative frameworks. Any further specification or restriction of the Act's application may be detailed in subordinate instruments or related legislation.

Key Provisions

The Datacasting Charge (Imposition) Amendment Act 2000 (Act) makes specific amendments to the Datacasting Charge (Imposition) Act 1998 (1998 Act), primarily to update and refine the definitions and criteria related to datacasting services. Section 3 of the 1998 Act is amended to include a definition for "BSA datacasting licence" (section 1) and to redefine "designated teletext service" (section 2). Additionally, the definition of "national broadcaster" is repealed (section 3A), and certain provisions are altered to ensure the datacasting services are provided under the authority of a Broadcasting Services Act 1992 (BSA) datacasting licence and are not designated teletext services (sections 3B and 3A(b)). The Act imposes certain obligations on entities involved in providing datacasting services. For example, it mandates that datacasting services must be provided under the authority of a BSA datacasting licence (section 3A(b)), and these services must not be designated teletext services (section 3A(da)). Furthermore, the holder of a transmitter licence must be the holder of a commercial television broadcasting licence (section 3B). These provisions ensure that only authorised entities can provide datacasting services, and that these services comply with specific licensing requirements under the BSA. Failure to comply with the requirements of the Act may result in various legal consequences. Although the specific offences, penalties, or consequences are not detailed within the text provided, it can be inferred that breaches of the licensing and service provision criteria could lead to enforcement actions by relevant authorities. The maximum penalties for such breaches could include fines or other sanctions, as typically outlined in the BSA or other related legislation. It is essential for entities to adhere to the updated definitions and criteria to avoid any potential legal repercussions.