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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Broadcasting
Legislation Amendment Bill (No. 3)
2002
No. ,
2002
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend the law
relating to broadcasting, and for related purposes
Contents
A Bill for an Act to amend the law relating to
broadcasting, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Broadcasting Legislation Amendment Act
(No. 3) 2002.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Clause 1 of
Schedule 4
Omit “1 January 2000, 1 January 2004 and 31 December
2005”, substitute “specified dates”.
2 Paragraph 37E(2)(b) of
Schedule 4
Omit “20 hours per week”, substitute “the HDTV
quota”.
3 After subclause 37E(2A) of
Schedule 4
Insert:
(2B) For the purposes of subclause (2), the HDTV quota is as
follows:
(a) the HDTV quota for each calendar year that starts after the end of a
licensee’s phase-in period is 1040 hours (unless paragraph (b) or (c)
applies to the calendar year or a part of it);
(b) if a licensee’s phase-in period ends on or after 1 January
and before the following 1 October, the HDTV quota for the period (the
first quota period) starting immediately after the end of the
phase-in period and ending on the following 31 December is 1040 hours
reduced on a pro-rata basis (because the first quota period is less than a full
calendar year);
(c) if a licensee’s phase-in period ends on or after 1 October
and before the following 31 December, the HDTV quota for the period (the
first quota period) starting immediately after the end of the
phase-in period and ending on 31 December in the next calendar year is 1040
hours increased on a pro-rata basis (because the first quota period is more than
a full calendar year).
4 Subclause 37EA(7) of
Schedule 4
Repeal the subclause, substitute:
HDTV quota
(7) In determining, after the end of the phase-in period referred to in
subclause 37E(2A), whether a commercial television broadcasting licensee has met
the HDTV quota (within the meaning of subclause 37E(2B)), ignore any HDTV
demonstration programs transmitted by the licensee.
5 Subclause 37EA(10) of Schedule 4
(definition of HDTV 20 hour requirement)
Repeal the definition.
6 Paragraph 37F(2)(b) of
Schedule 4
Omit “20 hours per week”, substitute “ the HDTV
quota”.
7 After subclause 37F(2A) of
Schedule 4
Insert:
(2B) For the purposes of subclause (2), the HDTV quota is as
follows:
(a) the HDTV quota for each calendar year that starts after the end of a
national broadcaster’s phase-in period is 1040 hours (unless
paragraph (b) or (c) applies to the calendar year or a part of
it);
(b) if a national broadcaster’s phase-in period ends on or after
1 January and before the following 1 October, the HDTV quota for the
period (the first quota period) starting immediately after the end
of the phase-in period and ending on the following 31 December is 1040
hours reduced on a pro-rata basis (because the first quota period is less than a
full calendar year);
(c) if a national broadcaster’s phase-in period ends on or after
1 October and before the following 31 December, the HDTV quota for the
period (the first quota period) starting immediately after the end
of the phase-in period and ending on 31 December in the next calendar year
is 1040 hours increased on a pro-rata basis (because the first quota period is
more than a full calendar year).
8 Subclause 37FA(7) of
Schedule 4
Repeal the subclause, substitute:
HDTV quota
(7) In determining, after the end of the phase-in period referred to in
subclause 37F(2A), whether a national broadcaster has met the HDTV quota (within
the meaning of subclause 37F(2B)), ignore any HDTV demonstration programs
transmitted by the national broadcaster.
9 Subclause 37FA(10) of Schedule 4
(definition of HDTV 20 hour requirement)
Repeal the definition.
10 Clause 37L of
Schedule 4
Repeal the clause, substitute:
(1) For the purposes of the application of this Division to a commercial
television broadcasting licensee, a high-definition television
program is:
(a) a television program, or incidental material, to the extent that it
was originally produced in a high-definition digital video format; or
(b) a television program, or incidental material, to the extent
that:
(i) it was originally produced in a non-video format (for example, 16 mm
or 35 mm film) that was of equivalent picture quality to a high-definition
digital video format; and
(ii) it has been converted to a high-definition digital video
format;
where the conversion has not resulted in a significant reduction in
picture quality; or
(c) incidental material not covered by paragraph (a) or (b) that is
transmitted during breaks in so much of a television program as satisfies the
requirements of paragraph (a) or (b).
(2) For the purposes of the application of this Division to a national
broadcaster, a high-definition television program is:
(a) a television program, or incidental material, to the extent that it
was originally produced in a high-definition digital video format; or
(b) a television program, or incidental material, to the extent
that:
(i) it was originally produced in a non-video format (for example, 16 mm
or 35 mm film) that was of equivalent picture quality to a high-definition
digital video format; and
(ii) it has been converted to a high-definition digital video
format;
where the conversion has not resulted in a significant reduction in
picture quality; or
(c) a television program, or incidental material, to the extent
that:
(i) it was originally produced in a standard definition digital video
format; and
(ii) it has been converted to a high-definition digital video format;
or
(d) a television program, or incidental material, to the extent
that:
(i) it was originally produced in an analog video format; and
(ii) it has been converted to a standard definition digital video
format;
where the converted program or material was subsequently converted to a
high-definition digital video format; or
(e) incidental material not covered by paragraph (a), (b), (c) or (d)
that is transmitted during breaks in so much of a television program as
satisfies the requirements of paragraph (a), (b), (c) or (d).
(3) If material (the archival material) included in a
television program or in incidental material satisfies the following
criteria:
(a) the archival material was originally produced:
(i) before 1 July 2003; or
(ii) if another day is determined in writing by the Minister in relation
to a class of television programs or incidental material that includes the
television program or incidental material concerned—before that other
day;
(b) the archival material would, apart from this subclause, prevent the
part of the television program or incidental material which includes the
archival material from satisfying the requirements of paragraph (1)(a) or
(b) or (2)(a), (b), (c) or (d) (as the case may be);
(c) the archival material, taken together with any other material to which
paragraphs (a) and (b) apply and that is also included in the same
television program or incidental material, amounts to an insubstantial
proportion of the television program or incidental material;
that part of the television program or incidental material is taken to
satisfy the requirements of paragraph (1)(a) or (b) or (2)(a), (b), (c) or
(d) (as the case may be).
(4) The following provisions apply to determinations of a day under
subparagraph (3)(a)(ii):
(a) a day so determined may be a specified day, or a day that is
identified in some other way (for example, the day occurring a specified period
before first transmission);
(b) the Minister must not make a determination that would result in a day
so determined being earlier than 1 July 2003.
(5) A determination under subparagraph (3)(a)(ii) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
(6) In this clause:
incidental material means:
(a) advertising or sponsorship material (whether or not of a commercial
kind); or
(b) a promotion for a television program or a television broadcasting
service; or
(c) community information material or community promotional material;
or
(d) a news break or weather bulletin; or
(e) any other similar material.
television program does not include incidental material
(whether transmitted during or between television programs).
11 Clause 60A of
Schedule 4
Omit “1 January 2004”, substitute “1 July
2005”.
Note: The heading to clause 60A is altered by omitting
“1 January 2004” and substituting “1 July
2005”.