National Transmission Network Sale (Consequential Amendments) Act 1998

Legislation au C2004A00394 Not in force Act

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National Transmission Network Sale (Consequential Amendments) Act 1998

 

No. 131, 1998

 

 

 

An Act to make consequential amendments relating to the sale of the National Transmission Network, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

4 Transitional..................................

Schedule 1—Amendments

Australian Broadcasting Corporation Act 1983

Radiocommunications Act 1992

Special Broadcasting Service Act 1991

 

National Transmission Network Sale (Consequential Amendments) Act 1998

No. 131, 1998

 

 

 

An Act to make consequential amendments relating to the sale of the National Transmission Network, and for related purposes

[Assented to 21 December 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the National Transmission Network Sale (Consequential Amendments) Act 1998.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Transitional

  Despite the repeal of section 74 of the Australian Broadcasting Corporation Act 1983 and section 71 of the Special Broadcasting Service Act 1991, those sections continue to have effect in relation to a particular area until the Commonwealth ceases to have a controlling interest in the company to which the assets for that area have been transferred by the National Transmission Network Sale Act 1997.


Schedule 1—Amendments

 

Australian Broadcasting Corporation Act 1983

1  Subsection 3(1)

Insert:

ABA means the Australian Broadcasting Authority established under the Broadcasting Services Act 1992.

2  Subsection 3(1)

Insert:

national broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

3  Subsection 3(1) (definition of technical equipment)

Repeal the definition.

4  Subsection 3(1) (definition of wireless telegraphy)

Repeal the definition.

5  After paragraph 25(1)(d)

Insert:

 (da) to produce, promote or present programs or arrange, or provide facilities, for the production, promotion or presentation of programs;

 (db) to transmit programs or other matter by means of guided or unguided electromagnetic energy, or provide facilities for such transmissions;

 (dc) to arrange for the transmission of programs or other matter by means of guided or unguided electromagnetic energy;

6  Part VII

Repeal the Part.

7  After section 79

Insert:

79AA  Report by ABA on degradation of signal quality

  If:

 (a) a person has made a complaint to the Corporation about degradation of the quality of signal reception of a national broadcasting service; and

 (b) within 60 days after making the complaint, the person did not receive a response that the person regarded as adequate; and

 (c) the signal concerned is received from an analog terrestrial radiocommunications transmitter;

the Minister may direct the ABA to conduct an investigation into the matter.

8  At the end of section 80

Add:

 ; and (l) particulars of any significant changes during the year in the transmission coverage, or transmission quality, of national broadcasting services provided by the Corporation.

Radiocommunications Act 1992

9  Section 5

Insert:

NBS transmitter licence means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service within the meaning of the Broadcasting Services Act 1992.

10  After subsection 100(3)

Insert:

 (3A) An NBS transmitter licence cannot be issued to any person other than:

 (a) the Australian Broadcasting Corporation; or

 (b) the Special Broadcasting Service Corporation; or

 (c) the Commonwealth.

11  Subsection 106(1)

After “section 101A”, insert “or NBS transmitter licences”.

12  At the end of subsection 106A(2)

Add “or to an NBS transmitter licence”.

13  At the end of section 131AA

Add:

 (4) An NBS transmitter licence cannot be transferred to any person other than:

 (a) the Australian Broadcasting Corporation; or

 (b) the Special Broadcasting Service Corporation; or

 (c) the Commonwealth.

Special Broadcasting Service Act 1991

14  Section 3

Insert:

ABA means the Australian Broadcasting Authority established under the Broadcasting Services Act 1992.

15  Section 3 (definition of electric line)

Repeal the definition.

16  Section 3

Insert:

national broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

17  Section 3 (definition of transmission facilities)

Repeal the definition.

18  Paragraphs 44(1)(b) and (c)

Repeal the paragraphs, substitute:

 (b) to transmit programs or other matter by means of guided or unguided electromagnetic energy, or provide facilities for such transmissions;

 (c) to arrange for the transmission of programs or other matter by means of guided or unguided electromagnetic energy;

19  After section 70

Insert:

70AA  Report by ABA on degradation of signal quality

  If:

 (a) a person has made a complaint to the SBS about degradation of the quality of signal reception of a national broadcasting service; and

 (b) within 60 days after making the complaint, the person did not receive a response that the person regarded as adequate; and

 (c) the signal concerned is received from an analog terrestrial radiocommunications transmitter;

the Minister may direct the ABA to conduct an investigation into the matter.

20  Section 71

Repeal the section.

21  Section 72

Repeal the section.

22  At the end of section 73

Add:

 ; and (m) particulars of any significant changes during the year in the transmission coverage, or transmission quality, of national broadcasting services provided by the SBS.

 

   

[Minister’s second reading speech made in—

Senate on 25 November 1998

House of Representatives on 10 December 1998]

 

(136/98)


 

Overview

The National Transmission Network Sale (Consequential Amendments) Act 1998 was enacted by the Parliament of Australia to address the need for consequential amendments arising from the sale of the National Transmission Network. This Act makes amendments to the Australian Broadcasting Corporation Act 1983, the Radiocommunications Act 1992, and the Special Broadcasting Service Act 1991 to reflect changes in the ownership and operation of the National Transmission Network. The overarching policy objective of the Act is to ensure a smooth transition following the sale, maintaining regulatory coherence and addressing any legal gaps or inconsistencies that might arise from the sale of the network. The Act facilitates the integration of the new ownership and operational frameworks within the existing legislative landscape, ensuring that the sale of the National Transmission Network does not disrupt the regulatory environment governing broadcasting services. By amending definitions and repealing certain provisions in the specified Acts, the legislation aims to align the regulatory framework with the new ownership structure, thereby preserving the integrity and continuity of national broadcasting services. The Act also includes provisions for investigations into signal quality issues and reporting requirements to ensure ongoing regulatory oversight and public confidence in the broadcasting services.

Scope and Application

The National Transmission Network Sale (Consequential Amendments) Act 1998 applies to consequential amendments required following the sale of the National Transmission Network, as mandated by the National Transmission Network Sale Act 1997. This Act amends the Australian Broadcasting Corporation Act 1983, the Radiocommunications Act 1992, and the Special Broadcasting Service Act 1991 to reflect changes in ownership and operational scope due to the sale of the National Transmission Network. The amendments include modifications to definitions, the addition of new provisions for investigations into signal quality degradation, and restrictions on the transfer of National Broadcasting Service (NBS) transmitter licenses, limiting them to the Australian Broadcasting Corporation, the Special Broadcasting Service Corporation, and the Commonwealth. The Act operates within the Commonwealth jurisdiction, affecting entities and industries involved in broadcasting and telecommunications. The application of these amendments is contingent on the Commonwealth's cessation of a controlling interest in the company to which the assets for a particular area have been transferred. This Act does not specify any exclusions or thresholds but allows for further detail and specification through subordinate instruments, which may include regulations or guidelines to operationalise the provisions of the Act.

Key Provisions

The National Transmission Network Sale (Consequential Amendments) Act 1998 (Cth) makes several consequential amendments to existing legislation following the sale of the National Transmission Network. The primary focus is on the Australian Broadcasting Corporation Act 1983 (Cth), the Radiocommunications Act 1992 (Cth), and the Special Broadcasting Service Act 1991 (Cth). These amendments are intended to ensure that the sale of the network does not adversely affect the operations of these entities and to update the definitions and provisions related to broadcasting and transmission services. For instance, the Act includes definitions for terms such as 'ABA' and 'national broadcasting service', and it amends the activities that these entities can undertake (Sections 1-8, 14-16). The Act imposes specific obligations on the Australian Broadcasting Corporation and the Special Broadcasting Service. These entities are now required to report any significant changes in the transmission coverage or quality of national broadcasting services (Sections 79AA, 70AA). Additionally, the Act restricts the issuance and transfer of NBS transmitter licences to specific entities, namely the Australian Broadcasting Corporation, the Special Broadcasting Service Corporation, and the Commonwealth (Sections 100(3A), 131AA(4)). It also mandates that the Australian Broadcasting Authority (ABA) conduct investigations into complaints regarding signal quality if the complainant does not receive a satisfactory response within 60 days (Sections 79AA, 70AA). Breaches of the provisions in this Act can lead to civil and administrative penalties, although specific penalties are not detailed in the Act itself. Generally, non-compliance with legislative requirements in Australia can result in fines or other sanctions as prescribed by the relevant Acts or regulations. For example, failing to adhere to broadcasting standards or licence requirements can lead to penalties under the Broadcasting Services Act 1992 (Cth) or the Radiocommunications Act 1992 (Cth). It is important to note that while the Act does not specify maximum penalties, the penalties for breaches of similar provisions in related Acts can be substantial, often depending on the severity and impact of the breach.

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Area of Law
Media & Entertainment Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Reporting & Disclosure Obligations
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.