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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Broadcasting and Other Legislation
Amendment (Deregulation) Bill 2014
No. , 2014
(Communications)
A Bill for an Act to amend legislation relating to
broadcasting, and for related purposes
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments relating to ACMA planning powers
3
Australian Communications and Media Authority Act 2005
3
Broadcasting Services Act 1992
3
Radiocommunications Act 1992
4
Schedule 2--Digital switchover and re-stack provisions
5
Australian Communications and Media Authority Act 2005
5
Broadcasting Services Act 1992
5
Datacasting Charge (Imposition) Act 1998
22
Radiocommunications Act 1992
22
Schedule 3--Eligible drama program expenditure audits
28
Broadcasting Services Act 1992
28
Schedule 4--Requirement to review codes of practice
29
Broadcasting Services Act 1992
29
Schedule 5--Directorship notifications
30
Broadcasting Services Act 1992
30
Schedule 6--Captioning
31
Broadcasting Services Act 1992
31
Schedule 7--Media diversity points for commercial radio
voices
40
Broadcasting Services Act 1992
40
Schedule 8--Effects of licence area population change
41
Broadcasting Services Act 1992
41
Schedule 9--References to legislative instruments
42
Broadcasting Services Act 1992
42
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
1
A Bill for an Act to amend legislation relating to
1
broadcasting, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Broadcasting and Other Legislation
5
Amendment (Deregulation) Act 2014.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
The later of:
(a) 1 January 2015; and
(b) the day this Act receives the Royal
Assent.
4. Schedules 3 to
9
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments relating to ACMA planning powers Schedule 1
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
3
Schedule 1
--Amendments relating to ACMA
1
planning powers
2
3
Australian Communications and Media Authority Act 2005
4
1 Paragraphs 53(2)(e) and (f)
5
Repeal the paragraphs.
6
Broadcasting Services Act 1992
7
2 Sections 24 and 25
8
Repeal the sections.
9
3 Subsection 26(1)
10
Omit ", and those plans must be consistent with the relevant frequency
11
allotment plan".
12
4 Paragraph 26(1B)(a)
13
Omit ", under the relevant frequency allotment plan,".
14
5 Subsection 26(1F)
15
Repeal the subsection.
16
6 Subsection 26(1M)
17
Omit "Sections 23 and 27 have", substitute "Section 23 has".
18
7 Subsection 26(8)
19
Omit "television licence area plan", substitute "licence area plan".
20
8 Sections 27 and 35
21
Repeal the sections.
22
9 Paragraph 39(4)(a)
23
Repeal the paragraph.
24
Schedule 1 Amendments relating to ACMA planning powers
4
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
Radiocommunications Act 1992
1
10 Subsections 32(2) and (2A)
2
Repeal the subsections.
3
11 Paragraph 44A(2)(c)
4
Repeal the paragraph.
5
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
5
Schedule 2
--Digital switchover and re-stack
1
provisions
2
3
Australian Communications and Media Authority Act 2005
4
1 Paragraphs 53(2)(q) and (r)
5
Repeal the paragraphs.
6
Broadcasting Services Act 1992
7
2 Subsection 6(1) (paragraph (b) of the definition of
8
commercial television broadcasting licence)
9
Omit "41B or".
10
3 Subsection 6(1)
11
Repeal the following definitions:
12
(a) definition of core commercial television broadcasting
13
service;
14
(b) definition of core/primary commercial television
15
broadcasting service;
16
(c) definition of designated re-stack day;
17
(d) definition of final digital television switch-over day.
18
4 Subsection 6(1)
19
Insert:
20
primary commercial television broadcasting service, in relation to
21
a commercial television broadcasting licence, has the same
22
meaning as in Schedule 4.
23
5 Section 8AE
24
Repeal the section.
25
6 Subsections 26(1H) to (1L) and (7), (10) and (12)
26
Repeal the subsections.
27
Schedule 2 Digital switchover and re-stack provisions
6
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
7 Subsection 26(13)
1
Repeal the following definitions:
2
(a) definition of simulcast-equivalent period;
3
(b) definition of simulcast period.
4
8 Sections 26A and 26B
5
Repeal the sections.
6
9 Subparagraph 38A(2)(a)(ii)
7
Repeal the subparagraph.
8
10 Subsections 38A(9) and (10)
9
Repeal the subsections.
10
11 Subsections 38B(18) to (23)
11
Repeal the subsections.
12
12 Subsections 38C(2) to (14)
13
Repeal the subsections, substitute:
14
Allocation of licence
15
(2) A commercial television broadcasting licence that was allocated
16
under this section before the commencement of Schedule 2 to the
17
Broadcasting and Other Legislation Amendment (Deregulation)
18
Act 2014 continues in force unless it is cancelled.
19
13 Subsection 38C(17)
20
Repeal the subsection, substitute:
21
Allocation of licence after cancellation etc.
22
(17) If the ACMA gives a notice under subsection (15) to a licensee,
23
cancelling the licence for a licence area, the ACMA must, within
24
45 days after the giving of the notice, advertise, in a manner
25
determined by the ACMA, for applications for a licence to be
26
allocated under subsection (23) for the licence area.
27
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
7
14 Subsection 38C(26) (definition of applicable terrestrial
1
digital television switch-over date)
2
Repeal the definition.
3
15 Sections 41A, 41B and 41C
4
Repeal the sections, substitute:
5
41C Services authorised by commercial television broadcasting
6
licences
7
(1) A commercial television broadcasting licence for a licence area
8
authorises the licensee to provide the following services in the
9
licence area:
10
(a) one or more HDTV multi-channelled commercial television
11
broadcasting services;
12
(b) one or more SDTV multi-channelled commercial television
13
broadcasting services.
14
Licences allocated under section 38C or subsection 40(1)
15
(2) This section does not apply to a commercial television
16
broadcasting licence allocated under section 38C or
17
subsection 40(1).
18
Definitions
19
(3) In this section:
20
HDTV multi-channelled commercial television broadcasting
21
service has the same meaning as in Schedule 4.
22
SDTV multi-channelled commercial television broadcasting
23
service has the same meaning as in Schedule 4.
24
16 Subparagraphs 41CA(1)(b)(ii), (c)(ii), (e)(ii) and (f)(ii)
25
Omit "core/primary commercial television broadcasting service",
26
substitute "primary commercial television broadcasting service".
27
17 Subsections 41CA(5) and 43AA(3AA)
28
Repeal the subsections.
29
Schedule 2 Digital switchover and re-stack provisions
8
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
18 Subsection 43AA(7) (definition of start date)
1
Repeal the definition.
2
19 Subsections 43AB(3), 43AC(3A) and (4)
3
Repeal the subsections.
4
20 Subsection 43AC(5) (definition of start date)
5
Repeal the definition.
6
21 Subsection 61AC(1) (table item 4)
7
Omit "core/primary commercial television broadcasting services",
8
substitute "primary commercial television broadcasting services".
9
22 Subsection 61AE(3)
10
Repeal the subsection.
11
23 Subsection 121G(1) (heading)
12
Repeal the heading, substitute:
13
Programs transmitted on primary commercial television
14
broadcasting service
15
24 Subsection 121G(1) (paragraph (b) of the definition of total
16
hours of Australian programs transmitted during the
17
year)
18
Omit "core/primary commercial television broadcasting service",
19
substitute "primary commercial television broadcasting service".
20
25 Subsection 121G(1) (paragraph (b) of the definition of total
21
hours of programs transmitted during the year)
22
Omit "core/primary commercial television broadcasting service",
23
substitute "primary commercial television broadcasting service".
24
26 Subsection 121G(2) (heading)
25
Repeal the heading, substitute:
26
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
9
Programs transmitted otherwise than on primary commercial
1
television broadcasting service
2
27 Subsection 121G(2)
3
Repeal the subsection, substitute:
4
(2) A commercial television broadcasting licensee must ensure that,
5
for each calendar year beginning on or after 1 January 2015, the
6
total number of hours of Australian programs that were transmitted
7
by the licensee:
8
(a) during targeted viewing hours in the year; and
9
(b) otherwise than on the primary commercial television
10
broadcasting service provided by the licensee;
11
is not less than 1,460.
12
28 Paragraph 121G(3)(b)
13
Omit "core/primary commercial television broadcasting service",
14
substitute "primary commercial television broadcasting service".
15
29 Subsections 130A(4) and (5)
16
Repeal the subsections.
17
30 Paragraph 130L(d)
18
Repeal the paragraph.
19
31 Subparagraph 130ZB(3)(a)(ii)
20
Omit "area;", substitute "area; and".
21
32 Subparagraph 130ZB(3)(a)(iii)
22
Repeal the subparagraph.
23
33 Paragraphs 130ZB(3)(aa) and (ab)
24
Repeal the paragraphs.
25
34 Subsections 130ZB(6), (11), (14) and (15)
26
Repeal the subsections.
27
Schedule 2 Digital switchover and re-stack provisions
10
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
35 Subsection 130ZB(16)
1
Repeal the following definitions:
2
(a) definition of digital-only local market area;
3
(b) definition of local market area;
4
(c) definition of simulcast area;
5
(d) definition of simulcast period.
6
36 Subparagraph 130ZBB(3)(a)(ii)
7
Omit "area;", substitute "area; and".
8
37 Subparagraph 130ZBB(3)(a)(iii)
9
Repeal the subparagraph.
10
38 Paragraphs 130ZBB(3)(aa) and (ab)
11
Repeal the paragraphs.
12
39 Subsection 130ZBB(6)
13
Repeal the subsection.
14
40 Subsection 130ZBB(8)
15
Omit "will, after the end of the simulcast period, or the
16
simulcast-equivalent period, as the case may be, for the related
17
terrestrial licence area in which the related terrestrial sub-area is
18
included, be able", substitute "are".
19
41 Subsections 130ZBB (12), (14), (15), (18) and (19)
20
Repeal the subsections.
21
42 Subsection 130ZBB(22)
22
Repeal the following definitions:
23
(a) definition of digital-only local market area;
24
(b) definition of local market area;
25
(c) definition of simulcast area;
26
(d) definition of simulcast period.
27
43 Sections 130ZBC and 130ZEA
28
Repeal the sections.
29
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
11
44 Subsections 130ZH(2) and (3)
1
Repeal the subsections.
2
45 Subsection 130ZH(6)
3
Repeal the following definitions:
4
(a) definition of digital-only local market area;
5
(b) definition of local market area;
6
(c) definition of simulcast-equivalent period;
7
(d) definition of simulcast period.
8
46 Section 130ZK
9
Repeal the following definitions:
10
(a) definition of primary commercial television broadcasting
11
service;
12
(b) definition of simulcast-equivalent period;
13
(c) definition of simulcast period.
14
47 Subsections 130ZR(2) and (3)
15
Repeal the subsections (not including the heading).
16
48 Subsection 130ZR(4)
17
Omit "core/primary commercial television broadcasting service"
18
(wherever occurring), substitute "primary commercial television
19
broadcasting service".
20
49 Subsection 130ZR(6)
21
Repeal the subsection, substitute:
22
(6) If:
23
(a) a national broadcaster provides a national television
24
broadcasting service in a coverage area; and
25
(b) the service is not provided with the use of a satellite;
26
subsection (1) does not require the provision of a captioning
27
service for a television program transmitted on:
28
(c) a SDTV multi-channelled national television broadcasting
29
service provided by the national broadcaster otherwise than
30
with the use of a satellite; or
31
Schedule 2 Digital switchover and re-stack provisions
12
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
(d) a HDTV multi-channelled national television broadcasting
1
service provided by the national broadcaster otherwise than
2
with the use of a satellite;
3
unless the television program was previously transmitted by the
4
national broadcaster on the primary national television
5
broadcasting service provided by the national broadcaster.
6
50 Subsection 204(1) (table item dealing with refusal to
7
allocate licence under section 38C)
8
Repeal the item.
9
51 Section 211
10
Repeal the section.
11
52 Paragraphs 7(1)(k) to (nb) of Schedule 2
12
Repeal the paragraphs.
13
53 Subclauses 7(4) to (8) of Schedule 2
14
Repeal the subclauses.
15
54 Clause 7B of Schedule 2 (heading)
16
Repeal the heading, substitute:
17
7B Conditions about the provision of primary commercial television
18
broadcasting services
19
55 Subclause 7B(1) of Schedule 2 (heading)
20
Repeal the heading, substitute:
21
Conditions about the provision of primary services
22
56 Subclause 7B(1) of Schedule 2
23
Omit "related terrestrial core/primary services", substitute "related
24
terrestrial primary services".
25
57 Paragraph 7B(1)(b) of Schedule 2
26
Omit "core/primary commercial television broadcasting service",
27
substitute "primary commercial television broadcasting service".
28
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
13
58 Paragraph 7B(1)(d) of Schedule 2
1
Omit "related terrestrial core/primary service", substitute "related
2
terrestrial primary service".
3
59 Subclause 7B(2) of Schedule 2
4
Omit "related terrestrial core/primary services", substitute "related
5
terrestrial primary services".
6
60 Paragraph 7B(2)(b) of Schedule 2
7
Omit "core/primary commercial television broadcasting service",
8
substitute "primary commercial television broadcasting service".
9
61 Subparagraph 7B(2)(d)(i) of Schedule 2
10
Omit "related terrestrial core/primary service", substitute "related
11
terrestrial primary service".
12
62 Subparagraph 7B(2)(e)(i) of Schedule 2
13
Omit "core/primary commercial television broadcasting service",
14
substitute "primary commercial television broadcasting service".
15
63 Paragraph 7B(3)(b) of Schedule 2
16
Omit "related terrestrial core/primary service", substitute "related
17
terrestrial primary service".
18
64 Subparagraph 7B(3)(b)(ii) of Schedule 2
19
Omit "core/primary commercial television broadcasting service",
20
substitute "primary commercial television broadcasting service".
21
65 Paragraph 7B(3)(c) of Schedule 2
22
Omit "related terrestrial core/primary service", substitute "related
23
terrestrial primary service".
24
66 Subparagraph 7B(3)(d)(i) of Schedule 2
25
Omit "core/primary commercial television broadcasting service",
26
substitute "primary commercial television broadcasting service".
27
67 Subclause 7B(4) of Schedule 2
28
Repeal the subclause.
29
Schedule 2 Digital switchover and re-stack provisions
14
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
68 Subclause 7B(5) (heading) of Schedule 2
1
Repeal the heading, substitute:
2
Exemption--cessation of related terrestrial primary service
3
69 Paragraphs 7B(5)(a) and (b) and (6)(a) and (b) of
4
Schedule 2
5
Omit "core/primary commercial television broadcasting service",
6
substitute "primary commercial television broadcasting service".
7
70 Subparagraph 7B(6)(e)(i) of Schedule 2
8
Omit "core/primary commercial television broadcasting service",
9
substitute "primary commercial television broadcasting service".
10
71 Clause 7C of Schedule 2 (heading)
11
Repeal the heading, substitute:
12
7C Conditions about the provision of non-primary commercial
13
television broadcasting services
14
72 Subclause 7C(3) of Schedule 2
15
Repeal the subclause.
16
73 Subclause 7C(4) of Schedule 2
17
Repeal the subclause, substitute:
18
(4) Subclause (2) does not apply to a HDTV multi-channelled
19
commercial television broadcasting service that a commercial
20
television broadcasting licensee for a metropolitan licence area
21
commences to provide after 10 December 2013.
22
74 Paragraphs 7C(6)(b) and (7)(b) of Schedule 2
23
Omit "core/primary commercial television broadcasting service",
24
substitute "primary commercial television broadcasting service".
25
75 Subclause 7C(8) of Schedule 2
26
Repeal the subclause.
27
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
15
76 Subclause 7C(9) of Schedule 2
1
Repeal the subclause, substitute:
2
(9) Subclause (7) does not apply to a SDTV multi-channelled
3
commercial television broadcasting service that a commercial
4
television broadcasting licensee for a metropolitan licence area
5
commences to provide after 10 December 2013.
6
77 Paragraph 7C(10)(b) of Schedule 2
7
Omit "core/primary commercial television broadcasting service",
8
substitute "primary commercial television broadcasting service".
9
78 Subclause 7D(4) of Schedule 2
10
Repeal the subclause.
11
79 Paragraph 7E(b) of Schedule 2
12
Omit "after the start date for the licence area of the section 38C
13
licence,".
14
80 Subparagraph 7E(b)(ii) of Schedule 2
15
Omit "core/primary commercial television broadcasting service",
16
substitute "primary commercial television broadcasting service".
17
81 Clause 7E of Schedule 2 (note 1)
18
Repeal the note.
19
82 Clause 7E of Schedule 2 (note 2)
20
Omit "Note 2", substitute "Note".
21
83 Subparagraph 7F(1)(a)(ii) of Schedule 2
22
Omit "core/primary commercial television broadcasting service",
23
substitute "primary commercial television broadcasting service".
24
84 Paragraph 7G(b) of Schedule 2
25
Omit "after the start date for the licence area of the section 38C
26
licence,".
27
Schedule 2 Digital switchover and re-stack provisions
16
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
85 Subparagraph 7G(b)(ii) of Schedule 2
1
Omit "core/primary commercial television broadcasting service",
2
substitute "primary commercial television broadcasting service".
3
86 Clause 7G of Schedule 2 (note 1)
4
Repeal the note.
5
87 Clause 7G of Schedule 2 (note 2)
6
Omit "Note 2", substitute "Note".
7
88 Clauses 7H and 7K of Schedule 2
8
Repeal the clauses.
9
89 Clause 7L of Schedule 2
10
Repeal the following definitions:
11
(a) definition of digital-only local market area;
12
(b) definition of local market area;
13
(c) definition of simulcast period.
14
90 Clause 1 of Schedule 4
15
Repeal the clause, substitute:
16
1 Simplified outline of this Schedule
17
National broadcasters who operate a transmitter are subject to
18
restrictions regarding the services that may be transmitted in digital
19
mode using the transmitter.
20
Commercial television licensees and national broadcasters who
21
provide SDTV or HDTV multi-channelled television broadcasting
22
services are subject to restrictions regarding the televising of
23
anti-siphoning events and parts of anti-siphoning events.
24
Owners and operators of broadcasting transmission towers must
25
give digital broadcasters and datacasters access to the towers for
26
the purposes of installing or maintaining digital transmitters.
27
Applications to the AAT for review of a decision regarding access
28
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
17
may be made by the person seeking access, or by the owner or
1
operator of the facility to which access is sought.
2
An ACMA determination determines when charge imposed by the
3
Datacasting Charge (Imposition Act) 1998 is due and payable. The
4
ACMA may also impose a late payment penalty.
5
91 Clause 2 of Schedule 4
6
Repeal the following definitions:
7
(a) definition of commercial television broadcasting service;
8
(b) definition of commercial television conversion scheme.
9
92 Clause 2 of Schedule 4 (note at the end of the definition of
10
coverage area)
11
Repeal the note.
12
93 Clause 2 of Schedule 4
13
Repeal the following definitions:
14
(a) definition of designated HDTV multi-channelled national
15
television broadcasting service;
16
(b) definition of designated teletext service;
17
(c) definition of digital-only local market area;
18
(d) definition of exempt licence;
19
(e) definition of exempt remote area service;
20
(f) definition of HDTV commercial television format standard;
21
(g) definition of HDTV national television format standard;
22
(h) definition of local market area;
23
(i) definition of national radio broadcasting service;
24
(j) definition of national television conversion scheme;
25
(k) definition of parent licence;
26
(l) definition of SDTV commercial television format standard;
27
(m) definition of SDTV national television format standard;
28
(n) definition of simulcast-equivalent period;
29
(o) definition of simulcast period.
30
Schedule 2 Digital switchover and re-stack provisions
18
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
94 Clauses 3, 4C and 4D of Schedule 4
1
Repeal the clauses.
2
95 Subclause 5A(1) of Schedule 4
3
Omit "(1)".
4
96 Paragraph 5A(1)(c) of Schedule 4
5
Omit "licensee; and", substitute "licensee.".
6
97 Paragraph 5A(1)(d) of Schedule 4
7
Repeal the paragraph.
8
98 Subclauses 5A(2), 5C(2) and (3) of Schedule 4
9
Repeal the subclauses.
10
99 Clauses 5E, 5F and 5J of Schedule 4
11
Repeal the clauses.
12
100 Part 2 of Schedule 4
13
Repeal the Part.
14
101 Clauses 19 to 35AA of Schedule 4
15
Repeal the clauses.
16
102 Subclause 36(1) of Schedule 4
17
Omit "(1)".
18
103 Part 4 of Schedule 4
19
Repeal the Part.
20
104 Clauses 41A to 41D of Schedule 4
21
Repeal the clauses.
22
105 Clause 41E of Schedule 4 (heading)
23
Repeal the heading, substitute:
24
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
19
41E SDTV multi-channelled commercial television broadcasting
1
service--restrictions on televising anti-siphoning events
2
106 Subclause 41E(1) of Schedule 4
3
Omit "after the end of the simulcast period, or the simulcast-equivalent
4
period, for the licence area of the licence".
5
107 Paragraph 41E(1)(a) of Schedule 4
6
After "the licence area", insert "of the licence".
7
108 Paragraph 41E(1)(b) of Schedule 4
8
Omit "the licence area", substitute "that licence area".
9
109 Clause 41F of Schedule 4 (heading)
10
Repeal the heading, substitute:
11
41F HDTV multi-channelled commercial television broadcasting
12
service--restrictions on televising anti-siphoning events
13
110 Subclause 41F(1) of Schedule 4
14
Omit "after the end of the simulcast period, or the simulcast-equivalent
15
period, for the licence area of the licence".
16
111 Subclause 41F(2) of Schedule 4
17
Omit "in the licence area" (first occurring), substitute ", in the licence
18
area of the licence,".
19
112 Subclause 41F(3) of Schedule 4
20
Omit "in the licence area" (first occurring), substitute ", in the licence
21
area of the licence,".
22
113 Subclauses 41G(1) and (1A) of Schedule 4
23
Repeal the subclauses.
24
114 Subclause 41G(2) of Schedule 4 (heading)
25
Repeal the heading.
26
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Broadcasting and Other Legislation Amendment (Deregulation) Bill
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115 Subclause 41G(2) of Schedule 4
1
Omit "after the end of the simulcast period, or the simulcast-equivalent
2
period,".
3
116 Subclause 41G(3) of Schedule 4
4
Repeal the subclause, substitute:
5
(3) The ACMA must ensure that a declaration under subclause (2) is in
6
force at all times after the licensee commences to provide a SDTV
7
multi-channelled commercial television broadcasting service in the
8
licence area.
9
117 Subclause 41G(6) of Schedule 4
10
Omit "on and after the start date".
11
118 Subclause 41G(7) of Schedule 4
12
Repeal the subclause.
13
119 Clauses 41H and 41J of Schedule 4
14
Repeal the clauses.
15
120 Clause 41K of Schedule 4 (heading)
16
Repeal the heading, substitute:
17
41K SDTV multi-channelled national television broadcasting
18
service--restrictions on televising anti-siphoning events
19
121 Subclause 41K(1) of Schedule 4
20
Omit "after the end of the simulcast period, or the simulcast-equivalent
21
period, for a coverage area".
22
122 Paragraph 41K(1)(a) of Schedule 4
23
Omit "the coverage area", substitute "a coverage area".
24
123 Paragraph 41K(1)(b) of Schedule 4
25
Omit "the coverage area", substitute "that coverage area".
26
Digital switchover and re-stack provisions Schedule 2
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Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
21
124 Clause 41L of Schedule 4 (heading)
1
Repeal the heading, substitute:
2
41L HDTV multi-channelled national television broadcasting
3
service--restrictions on televising anti-siphoning events
4
125 Subclause 41L(1) of Schedule 4
5
Omit "after the end of the simulcast period, or the simulcast-equivalent
6
period, for a coverage area".
7
126 Subclauses 41L(2) and (3) of Schedule 4
8
Omit "the coverage area" (first occurring), substitute "a coverage area".
9
127 Subclause 41M(1) of Schedule 4
10
Omit "after the end of the simulcast period, or the simulcast-equivalent
11
period, for a coverage area", substitute "in a specified coverage area".
12
128 Subclause 41M(2) of Schedule 4
13
Omit "after the end of the simulcast period, or the simulcast-equivalent
14
period".
15
129 Part 7 of Schedule 4
16
Repeal the Part.
17
130 Subclauses 62(1) to (4) of Schedule 4
18
Repeal the subclauses.
19
131 Part 11 of Schedule 4
20
Repeal the Part.
21
132 Subclause 2(1) of Schedule 6
22
Insert:
23
designated teletext service means a teletext service provided by a
24
commercial television broadcasting licensee, where:
25
(a) the licensee provided the service throughout the 2-year
26
period ending immediately before the commencement of this
27
Schedule; and
28
Schedule 2 Digital switchover and re-stack provisions
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Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
(b) the service remains substantially the same as the service
1
provided throughout that 2-year period.
2
133 Clause 51A of Schedule 6
3
Omit "(within the meaning of Schedule 4)".
4
Datacasting Charge (Imposition) Act 1998
5
134 Section 3 (definition of designated teletext service)
6
Omit "Schedule 4", substitute "Schedule 6".
7
Radiocommunications Act 1992
8
135 Section 5 (paragraph (a) of the definition of datacasting
9
transmitter licence)
10
Omit "section 101B, 101C, 102 or 102A", substitute "section 102".
11
136 Section 5 (definition of designated teletext service)
12
Omit "Schedule 4", substitute "Schedule 6".
13
137 Paragraph 44A(2)(d)
14
Omit "1992; and", substitute "1992."
15
138 Paragraphs 44A(2)(e) and (f)
16
Repeal the paragraphs.
17
139 Subsection 44A(12)
18
Repeal the subsection.
19
140 Subsection 100(1)
20
Omit "100B, 101B, 101C, 102, 102A", substitute "102".
21
141 Subsection 100(5)
22
Omit "100B, 102A, 102AH or".
23
142 Section 100AA
24
Repeal the section, substitute:
25
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
23
100AA NBS transmitter licences--authorised channels
1
(1) If:
2
(a) an NBS transmitter licence is issued under section 100; and
3
(b) the licence authorises the operation of one or more
4
radiocommunications transmitters for transmitting one or
5
more national television broadcasting services in digital
6
mode in a BSA coverage area;
7
the licence authorises the operation of the transmitter or
8
transmitters concerned for transmitting those services in that area
9
using the channel or channels allotted to the national broadcaster
10
concerned under the BSA television licence area plan for that BSA
11
television licence area.
12
(2) In this section:
13
BSA television licence area means a BSA licence area for a
14
commercial television broadcasting licence.
15
national television broadcasting service means a national
16
broadcasting service that provides television programs.
17
NBS transmitter licence means a transmitter licence for a
18
transmitter that is for use for transmitting, to the public, a national
19
broadcasting service.
20
143 Sections 100B, 101B and 101C
21
Repeal the sections.
22
144 Subsections 102(2A), (2B), (2C), (2D), (2E), (2EA), (2F),
23
(2G), (2H), (2J) and (6)
24
Repeal the subsections.
25
145 Sections 102A, 102AA and 102AB
26
Repeal the sections.
27
146 Sections 102AC and 102AD
28
Repeal the sections, substitute:
29
Schedule 2 Digital switchover and re-stack provisions
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Broadcasting and Other Legislation Amendment (Deregulation) Bill
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102AD Transmitter licences--authorised channels
1
(1) If:
2
(a) a transmitter licence is issued under section 102 in relation to
3
a broadcasting services bands licence (the related licence);
4
and
5
(b) the transmitter licence is held by the licensee of the related
6
licence; and
7
(c) the transmitter licence authorises the operation of one or
8
more radiocommunications transmitters for transmitting one
9
or more commercial television broadcasting services in
10
accordance with the related licence;
11
the transmitter licence authorises the operation of the transmitter or
12
transmitters concerned for transmitting:
13
(d) one or more HDTV multi-channelled commercial television
14
broadcasting services; and
15
(e) one or more SDTV multi-channelled commercial television
16
broadcasting services;
17
in accordance with the related licence, using the channel or
18
channels allotted to the licensee of the related licence under the
19
BSA television licence area plan.
20
(2) In this section:
21
commercial television broadcasting licence has the same meaning
22
as in the Broadcasting Services Act 1992.
23
commercial television broadcasting service means a commercial
24
broadcasting service that provides television programs.
25
HDTV multi-channelled commercial television broadcasting
26
service has the same meaning as in Schedule 4 to the Broadcasting
27
Services Act 1992.
28
SDTV multi-channelled commercial television broadcasting
29
service has the same meaning as in Schedule 4 to the Broadcasting
30
Services Act 1992.
31
147 Sections 102AG and 102AH
32
Repeal the sections.
33
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
25
148 Subsection 103(1)
1
Omit "(other than an apparatus licence issued under
2
subsection 101C(3), 102(2D), 102(2G) or 102A(2D))".
3
149 Subsection 103(2)
4
Omit ", 101B, 101C, 102 or 102A", substitute "or 102".
5
150 Subsections 103(4AA), (4AB), (4C), (4D), (4E) and (4F)
6
Repeal the subsections.
7
151 Subsection 106A(2)
8
Omit "101B, 101C, 102 or 102A", substitute "102".
9
152 Paragraphs 107(3)(a) and 108(5)(a)
10
Omit ", 101B, 101C, 102 or 102A", substitute "or 102".
11
153 Subsection 109(1)
12
Omit "101B, 101C, 102 or 102A", substitute "102".
13
154 Subsections 109(1A) and (1B)
14
Repeal the subsections.
15
155 Subsection 109(2)
16
Omit "or 102A" (wherever occurring).
17
156 Paragraph 111(1)(d)
18
Omit ", 101B, 101C, 102 or 102A", substitute "or 102".
19
157 Subsection 111(5)
20
Repeal the subsection.
21
158 Subsections 125(2) and 129(1)
22
Omit ", 101B, 101C, 102 or 102A", substitute "or 102".
23
159 Subsection 130(3)
24
Repeal the subsection, substitute:
25
Schedule 2 Digital switchover and re-stack provisions
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Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
(3) In deciding whether to renew the licence, the ACMA:
1
(a) must have regard to the same matters to which it must have
2
regard under subsections 100(4) and (6) in deciding whether
3
to issue such a licence; and
4
(b) may have regard to the same matters to which it may have
5
regard under subsection 100(5) in deciding whether to issue
6
such a licence.
7
160 Subsection 131AB(2)
8
Repeal the subsection, substitute:
9
(2) In deciding whether to transfer the licence, the ACMA:
10
(a) must have regard to the same matters to which it must have
11
regard under subsections 100(4) and (6) in deciding whether
12
to issue such a licence; and
13
(b) may have regard to the same matters to which it may have
14
regard under subsection 100(5) in deciding whether to issue
15
such a licence.
16
161 Subparagraphs 153H(1)(c)(ii) and (iii)
17
Repeal the subparagraphs.
18
162 Paragraph 153P(2)(db)
19
Repeal the paragraph.
20
163 Subsection 153P(4)
21
Repeal the subsection.
22
164 Application
--appeals to the AAT
23
The amendment of section 204 of the Broadcasting Services Act 1992
24
made by this Schedule does not apply in relation to a decision made
25
before the commencement of this item.
26
165 Application
--right of review
27
The amendment of clause 62 to Schedule 4 of the Broadcasting
28
Services Act 1992 made by this Schedule does not apply in relation to a
29
decision made before the commencement of this item.
30
Digital switchover and re-stack provisions Schedule 2
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
27
166 Application
--NBS transmitter licences
1
The amendment of section 100AA of the Radiocommunications Act
2
1992 made by this Schedule applies in relation to a transmitter licence
3
whether the licence was issued before or after the commencement of
4
this item.
5
Schedule 3 Eligible drama program expenditure audits
28
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
Schedule 3
--Eligible drama program
1
expenditure audits
2
3
Broadcasting Services Act 1992
4
1 Section 103B
5
Repeal the following definitions:
6
(a) definition of compliance certificate;
7
(b) definition of registered auditor.
8
2 Subsection 103ZA(1)
9
Repeal the subsection, substitute:
10
(1) A licensee who provides one or more subscription TV drama
11
services must, within 60 days after the end of each financial year of
12
operation, give to the ACMA a return, in the approved form,
13
containing such information as is required by that form in relation
14
to the application of this Division in connection with those
15
services.
16
3 Subsection 103ZB(1)
17
Repeal the subsection, substitute:
18
(1) If a person is a channel provider or a part-channel provider in
19
relation to one or more subscription TV drama services provided
20
by a licensee during a financial year, the person must, within 60
21
days after the end of that financial year, give to the ACMA a
22
return, in the approved form, containing such information as is
23
required by that form in relation to the application of this Division
24
in connection with those services.
25
4 Subdivision I of Division 2A of Part 7
26
Repeal the Subdivision.
27
5 Application of amendments
28
The amendments made by this Schedule apply in relation to the
29
financial year in which this item commences and later financial years.
30
Requirement to review codes of practice Schedule 4
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
29
Schedule 4
--Requirement to review codes of
1
practice
2
3
Broadcasting Services Act 1992
4
1 Section 123A
5
Repeal the section.
6
2 Clause 29 of Schedule 6
7
Repeal the clause.
8
Schedule 5 Directorship notifications
30
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
Schedule 5
--Directorship notifications
1
2
Broadcasting Services Act 1992
3
1 Section 62
4
Repeal the section.
5
2 Subsections 63(1), (2A) and (3) and 64(1), (2A) and (3)
6
Omit "10 days", substitute "10 business days".
7
3 Sections 65A and 65B
8
Omit "62,".
9
4 Application of amendments
10
(1)
The amendments of section 62 of the Broadcasting Services Act 1992
11
made by this Schedule apply in relation to the financial year in which
12
this item commences and later financial years.
13
(2)
The amendments of section 63 of the Broadcasting Services Act 1992
14
made by this Schedule apply in relation to the notification by a person
15
of an event, if the person becomes aware of the event after the
16
commencement of this item.
17
(3)
The amendments of section 64 of the Broadcasting Services Act 1992
18
made by this Schedule apply in relation to the notification by a person
19
of a position, if the person becomes aware of the position after the
20
commencement of this item.
21
Captioning Schedule 6
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
31
Schedule 6
--Captioning
1
2
Broadcasting Services Act 1992
3
1 Section 130ZK
4
Insert:
5
channel means a continuous stream of programs.
6
channel provider has the meaning given by section 130ZKA.
7
incidental matter means:
8
(a) advertising or sponsorship matter (whether or not of a
9
commercial kind); or
10
(b) a program promotion; or
11
(c) an announcement; or
12
(d) a hosting; or
13
(e) any other interstitial program.
14
part-channel provider has the meaning given by section 130ZKB.
15
2 After section 130ZK
16
Insert:
17
130ZKA Definition of channel provider
18
For the purposes of this Part, a channel provider, in relation to a
19
subscription television service provided by a subscription
20
television licensee, is a person who:
21
(a) packages a channel (which may include programs produced
22
by the person); and
23
(b) supplies the licensee with the channel;
24
where, apart from any breaks for the purposes of the transmission
25
of incidental matter, the channel is televised by the licensee on the
26
service.
27
Schedule 6 Captioning
32
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
130ZKB Definition of part-channel provider
1
For the purposes of this Part, a part-channel provider, in relation
2
to a subscription television service provided by a subscription
3
television licensee, is a person who:
4
(a) assembles a package of programs (which may include
5
programs produced by the person); and
6
(b) supplies the licensee with the package;
7
where:
8
(c) the package constitutes a significant proportion of the
9
program material that is televised by the licensee on the
10
service; and
11
(d) there is no channel provider in relation to the service.
12
130ZKC Supply of channel or package
13
For the purposes of this Part, a person is taken to have supplied a
14
channel or a package to a subscription television licensee if the
15
channel or package is supplied by the person to the licensee:
16
(a) directly; or
17
(b) indirectly through one or more interposed persons.
18
3 Paragraph 130ZUA(3)(c)
19
Repeal the paragraph, substitute:
20
(c) be made in the period:
21
(i) commencing on 1 July in the financial year immediately
22
before the eligible period specified in the application;
23
and
24
(ii) ending on the first 31 March in the eligible period
25
specified in the application.
26
4 Subsections 130ZV(1) to (4)
27
Repeal the subsections, substitute:
28
Annual captioning targets
29
(1) If a subscription television licensee provides a subscription
30
television service in a financial year, the licensee must ensure that
31
the percentage worked out using the following formula is not less
32
Captioning Schedule 6
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
33
than the annual captioning target for the service for the financial
1
year:
2
Total captioned hours
100
Total program hours
3
where:
4
total captioned hours means the total number of hours of
5
television programs transmitted on the service during the financial
6
year for which a captioning service was provided.
7
total program hours means the total number of hours of television
8
programs transmitted on the service during the financial year.
9
(2) For the purposes of this section, the annual captioning target for a
10
subscription television service for a financial year is:
11
(a) for the financial year beginning on 1 July 2014--the
12
applicable percentage set out in the following table; and
13
(b) for a later financial year--the lesser of:
14
(i) the annual captioning target for the service for the
15
previous financial year plus an additional 5%; and
16
(ii) 100%.
17
Note:
For example, the annual captioning target for the financial year
18
beginning on 1 July 2015 for a category A subscription television
19
movie service is 80% (75% plus an additional 5%).
20
21
Annual captioning target for financial year beginning on 1 July 2014
Item
Service
Percentage
1
Category A subscription television
movie service
75%
2
Category B subscription television
movie service
55%
3
Category C subscription television
movie service
45%
4
Category A subscription television
general entertainment service
55%
5
Category B subscription television
general entertainment service
45%
6
Category C subscription television
25%
Schedule 6 Captioning
34
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
Annual captioning target for financial year beginning on 1 July 2014
Item
Service
Percentage
general entertainment service
7
Subscription television news service
15%
8
Subscription television sports service
15%
9
Subscription television music service
5%
1
Modified formula for subscription television sports services
2
(3) If, in relation to a financial year:
3
(a) a subscription television licensee provides a subscription
4
television sports service; and
5
(b) the percentage worked out using the formula in
6
subsection (1) for the service is at least two-thirds of the
7
annual captioning target;
8
the licensee is taken to have satisfied the requirement in
9
subsection (1) for the service for the financial year if the
10
percentage worked out using the following formula is not less than
11
the annual captioning target:
12
Total captioned hours on relevant sports services
100
Total program hours on relevant sports services
13
where:
14
relevant sports services means all subscription television sports
15
services provided by the licensee that televise channels supplied by
16
the same channel provider, other than:
17
(a) services to which subsection 130ZV(1) does not apply during
18
the financial year because of subsection 130ZX(7); and
19
(b) services to which an exemption order or target reduction
20
order under section 130ZY applies for the financial year.
21
total captioned hours on relevant sports services means the total
22
number of hours of television programs transmitted on relevant
23
sports services during the financial year for which a captioning
24
service was provided.
25
Captioning Schedule 6
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
35
total program hours on relevant sports services means the total
1
number of hours of television programs transmitted on relevant
2
sports services during the financial year.
3
5 At the end of section 130ZV
4
Add:
5
Exclusion for new subscription television service
6
(6) This section does not apply to a subscription television service
7
until the financial year beginning on the first 1 July that is at least 1
8
year after the service commenced, if the service predominantly
9
consists of programs not transmitted in Australia before that
10
commencement.
11
6 Subsection 130ZVA(2)
12
Omit "more than 6, but fewer than 8,", substitute "7".
13
7 Paragraph 130ZY(2)(c)
14
Repeal the paragraph, substitute:
15
(c) be made in the period:
16
(i) commencing on 1 July in the financial year immediately
17
before the eligible period specified in the application;
18
and
19
(ii) ending on the first 31 March in the eligible period
20
specified in the application.
21
8 Subsection 130ZYA(2)
22
Repeal the subsection, substitute:
23
Subscription television broadcasting and narrowcasting services
24
(2) The subscription television licensee who provides the service must
25
ensure that the percentage worked out using the following formula
26
is not less than the reduced annual captioning target for the service
27
for the financial year:
28
Total captioned hours
100
Total program hours
29
Schedule 6 Captioning
36
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
where:
1
total captioned hours means the total number of hours of
2
television programs transmitted on the service during the financial
3
year for which a captioning service was provided.
4
total program hours means the total number of hours of television
5
programs transmitted on the service during the financial year.
6
9 Section 130ZZ
7
Before "If", insert "(1)".
8
10 At the end of section 130ZZ
9
Add:
10
(2) Subsection (1) does not apply if:
11
(a) the program when previously transmitted was supplied by a
12
channel provider or part-channel provider; and
13
(b) the program when transmitted as mentioned in
14
paragraph (1)(a) was not supplied by that channel provider or
15
part-channel provider.
16
11 After subsection 130ZZA(2)
17
Insert:
18
(2A) In determining a standard under subsection (1), the ACMA must
19
consider the differences (including time constraints for live
20
content) between providing captioning services for:
21
(a) live television programs and pre-recorded television
22
programs; and
23
(b) wholly live or wholly pre-recorded television programs and
24
television programs that include both live and pre-recorded
25
program material.
26
(2B) Subsection (2A) does not authorise the ACMA to determine that a
27
lower quality (within the meaning of subsection (2)) of captioning
28
service is acceptable for a kind of program or program material.
29
12 After subsection 130ZZA(7)
30
Insert:
31
Captioning Schedule 6
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
37
(7A) A failure by a licensee or broadcaster to comply with a standard
1
determined under subsection (1) is to be disregarded to the extent
2
to which the failure is attributable to significant difficulties of a
3
technical or engineering nature for the licensee or broadcaster,
4
which it could not reasonably have foreseen.
5
13 Subsections 130ZZC(1) to (4)
6
Repeal the subsections.
7
14 Subsection 130ZZC(7)
8
Omit "(1), (3) or".
9
15 Section 130ZZD
10
Repeal the section, substitute:
11
130ZZD Record-keeping
12
(1) This section applies to each of the following (a responsible
13
person):
14
(a) a commercial television broadcasting licensee;
15
(b) a national broadcaster;
16
(c) a subscription television licensee that is a body corporate.
17
Note:
For compliance, see clause 7 of Schedule 2 (for commercial television
18
broadcasting licensees), clause 10 of Schedule 2 (for subscription
19
television broadcasting licensees) and clause 11 of Schedule 2 (for
20
subscription television narrowcasting licensees).
21
(2) A responsible person must, in a form approved in writing by the
22
ACMA, make:
23
(a) written records sufficient to enable the responsible person's
24
compliance with Division 2 or 3 to be readily ascertained;
25
and
26
(b) audio-visual records sufficient to enable the responsible
27
person's compliance with Divisions 4 and 5 to be readily
28
ascertained.
29
(3) A written record must be retained in the responsible person's
30
custody for at least 90 days after the end of the financial year to
31
which the record relates.
32
Schedule 6 Captioning
38
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
(4) An audio-visual record must be retained in the responsible person's
1
custody:
2
(a) for at least 30 days after the day the program to which the
3
record relates was broadcast; or
4
(b) if, before the end of those 30 days, the responsible person
5
becomes aware that a complaint has been made under Part 11
6
about captioning of the program--for at least 90 days after
7
the day the program was broadcast.
8
(5) A responsible person must, without charge, make available to the
9
ACMA on request any records retained by the responsible person
10
under this section (whether or not the minimum period for
11
retaining the records has passed).
12
16 Division 7 of Part 9D
13
Repeal the Division.
14
17 Application of amendments
15
(1)
The amendment of section 130ZV of the Broadcasting Services Act
16
1992 made by item 4 of this Schedule applies in relation to the financial
17
year in which this item commences and later financial years.
18
(2)
The amendment of section 130ZV of the Broadcasting Services Act
19
1992 made by item 5 of this Schedule applies to subscription television
20
services that a subscription television licensee commences to provide in
21
the financial year in which this item commences or in any later financial
22
year.
23
(3)
The amendments of section 130ZZ of the Broadcasting Services Act
24
1992 made by this Schedule apply to the transmission of a television
25
program as mentioned in paragraph 130ZZ(1)(a) as amended by this
26
Schedule, regardless of whether the previous transmission was before,
27
on or after the day this item commences.
28
(4)
The amendment of section 130ZZA of the Broadcasting Services Act
29
1992 made by item 12 of this Schedule applies in relation to failures
30
that occur on or after the day this item commences.
31
(5)
The repeal of subsections 130ZZC(1) to (4) of the Broadcasting
32
Services Act 1992 by this Schedule applies in relation to the financial
33
year in which this item commences and later financial years.
34
Captioning Schedule 6
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
39
(6)
The amendment of section 130ZZD of the Broadcasting Services Act
1
1992 made by this Schedule applies in relation to the financial year in
2
which this item commences and later financial years.
3
18 Transitional provision
--standards under section 130ZZA
4
The ACMA must review, and vary as appropriate, any standards made
5
under section 130ZZA of the Broadcasting Services Act 1992, having
6
regard to subsection 130ZZA(2A) of that Act as inserted by this
7
Schedule. The ACMA must do so within 12 months of the
8
commencement of the subsection.
9
Schedule 7 Media diversity points for commercial radio voices
40
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
Schedule 7
--Media diversity points for
1
commercial radio voices
2
3
Broadcasting Services Act 1992
4
1 Subsection 61AC(1) (table item 1, paragraph (d))
5
Omit "the licence area of the commercial radio broadcasting licence is,
6
or is the same as, the first radio licence area", substitute "the first radio
7
licence area is the same as, or is entirely within, the licence area of the
8
commercial radio broadcasting licence".
9
2 Subsection 61AC(1) (table item 2, paragraph (b))
10
Omit "the licence area of the licence is, or is the same as, the first radio
11
licence area", substitute "the first radio licence area is the same as, or is
12
entirely within, the licence area of the licence".
13
Effects of licence area population change Schedule 8
No. , 2014
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
41
Schedule 8
--Effects of licence area
1
population change
2
3
Broadcasting Services Act 1992
4
1 Subsections 43C(4) to (4C)
5
Repeal the subsections, substitute:
6
Changes in licence area populations not to put persons in breach
7
of condition
8
(4) If:
9
(a) the ACMA makes a new determination of the licence area
10
population of a licence area or of the population of Australia;
11
and
12
(b) as a result of the determination, a person would be in breach
13
of the condition;
14
the condition continues to apply to the person as if the previous
15
determination remained in force.
16
2 Section 52
17
Omit "subsection 53(1) or 55(1) or (2)", substitute "a provision of
18
Division 2 or 3".
19
3 Application of amendments
20
The amendments of sections 43C and 52 of the Broadcasting Services
21
Act 1992 made by this Schedule apply in relation to determinations
22
made by the ACMA on or after the day this item commences.
23
Schedule 9 References to legislative instruments
42
Broadcasting and Other Legislation Amendment (Deregulation) Bill
2014
No. , 2014
Schedule 9
--References to legislative
1
instruments
2
3
Broadcasting Services Act 1992
4
1 Subclause 5(1) of Schedule 4
5
Omit "writing", substitute "legislative instrument".
6
2 Subclause 5(3) of Schedule 4
7
Repeal the subclause.
8
3 Subclause 48(1) of Schedule 4
9
Omit "written", substitute "legislative".
10
4 Subclause 48(5) of Schedule 4
11
Repeal the subclause.
12
5 Subclause 51(2) of Schedule 4
13
Omit "written determination made by the ACMA", substitute
14
"determination under subclause (2A)".
15
6 After subclause 51(2) of Schedule 4
16
Insert:
17
(2A) The ACMA may, by legislative instrument, make a determination
18
for the purposes of subclause (2).
19
7 Subclause 51(3) of Schedule 4
20
Omit "written", substitute "legislative".
21
8 Subclause 51(9) of Schedule 4
22
Repeal the subclause.
23