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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Broadcasting
Legislation Amendment Bill (No. 2)
2001
No. ,
2001
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend the
Broadcasting Services Act 1992, and for other purposes
ISBN: 0642 468907
Contents
Broadcasting Services Act
1992 3
Radiocommunications Act
1992 12
A Bill for an Act to amend the Broadcasting Services
Act 1992, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Broadcasting Legislation Amendment Act
(No. 2) 2001.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Despite the amendments made by items 1, 2 and 3 of Schedule 1,
section 38B of the Broadcasting Services Act 1992 continues to
apply, in relation to a notice given under subsection 38B(1) of that Act before
the commencement of this Act, as if those amendments had not been
made.
The amendments made by items 5 and 6 of Schedule 1 apply in
relation to events specified in a notice under subsection 115(1) of the
Broadcasting Services Act 1992 either before or after the commencement of
this Act.
Broadcasting Services Act
1992
1 Subsection 38B(1)
Repeal the subsection, substitute:
(1) If:
(a) a particular licence area is the licence area of only 2 commercial
television broadcasting licences (the parent licences) that are in
force; and
(b) neither of those licences was allocated under section 38A;
and
(c) an additional commercial television broadcasting licence can be
allocated for the licence area;
then, within 90 days after the designated time for the licence
area:
(d) the existing licensees may give the ABA a joint written notice stating
that:
(i) a company specified in the notice (the joint-venture
company) will apply for an additional commercial television broadcasting
licence for the licence area; and
(ii) the joint-venture company is jointly owned by the existing licensees;
and
(iii) the joint-venture company is formed in Australia or an external
Territory and has a share capital; or
(e) each existing licensee may give the ABA a written notice stating that
the licensee will apply separately for an additional commercial television
broadcasting licence for the licence area.
2 Subsections 38B(3) and
(4)
Repeal the subsections, substitute:
Separate applications by existing licensees
(3) If an existing licensee gives a notice under paragraph (1)(e),
the licensee may, within 12 months after the designated time for the licence
area, apply in writing to the ABA for an additional commercial television
broadcasting licence for the licence area.
3 Subsections 38B(7), (8) and
(9)
Repeal the subsections, substitute:
(7) If:
(a) each existing licensee gives a notice under paragraph (1)(e);
and
(b) by the end of the 12-month period beginning at the designated time for
the licence area:
(i) the ABA has received an application from only one existing licensee
(the first licensee) under subsection (3); and
(ii) the ABA has not received a notice from the other existing licensee
stating that it will not be applying under subsection (3);
the ABA must, as soon as practicable after the end of that 12-month period,
allocate an additional commercial television broadcasting licence to the first
licensee for the licence area.
(8) If:
(a) each existing licensee gives a notice under paragraph (1)(e);
and
(b) before the end of the 12-month period beginning at the designated time
for the licence area, the ABA receives:
(i) an application from one existing licensee (the first
licensee) under subsection (3); and
(ii) a notice from the other existing licensee stating that it will not be
applying under subsection (3);
the ABA must, as soon as practicable after both have been received,
allocate an additional commercial television broadcasting licence to the first
licensee for the licence area.
(9) If only one existing licensee gives a notice under
paragraph (1)(e), then, as soon as practicable after receiving an
application under subsection (3) from that licensee, the ABA must allocate
an additional commercial television broadcasting licence to that licensee for
the licence area.
4 Section 73A
Repeal the section, substitute:
(1) If an additional licence is allocated under section 38B, then for
the purposes of Divisions 2 and 3 of this Part:
(a) the licence is to be disregarded in relation to a person who is in a
position to exercise control of that licence at the time it is allocated;
and
(b) the licence is to be so disregarded until that person first ceases to
be in a position to exercise control of that licence.
(2) If, during the time a licence is disregarded in relation to a person
under subsection (1), that person is in a position to exercise control of
another person who is in a position to exercise control of the licence, then,
for the purposes of Divisions 2 and 3 of this Part, the licence is also to
be disregarded during that time in relation to that other person.
5 After subsection 115(1A)
Insert:
(1AA) Subject to subsection (2), an event specified in a notice under
subsection (1) is taken to be removed from the notice 1,008 hours before
the start of the event, unless the Minister publishes in the
Gazette
before that time a declaration that the event continues to be specified in the
notice after that time.
(1AB) The Minister may publish a declaration under subsection (1AA)
only if the Minister is satisfied that at least one commercial television
broadcasting licensee or national broadcaster has not had a reasonable
opportunity to acquire the right to televise the event concerned.
6 Subsection 115(1B)
Omit “Subject to subsection (2),”, substitute
“Subject to subsections (1AA) and (2),”.
7 After paragraph 7(1)(na) of
Schedule 2
Insert:
(nb) the licensee will comply with the requirement of subclause 37EA(6) of
Schedule 4 (which deals with HDTV transmission);
8 After clause 37E of
Schedule 4
Insert:
(1) In determining, for the purposes of standards made under subclause
37E(1), whether a commercial television broadcasting licensee has ensured that
the HDTV simulcast requirement is met:
(a) if a relevant determination is in force under
subclause (2)—ignore any television programs covered by the
determination; and
(b) if a relevant determination is in force under
subclause (4)—ignore any advertising or sponsorship matter covered by
the determination.
ABA determinations
(2) The ABA may, by writing, determine that paragraph (1)(a) applies
to specified television programs transmitted by a specified commercial
television broadcasting licensee during a specified period.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(3) The period specified in a determination under subclause (2) must
not be more than 12 months from the commencement of the determination.
(4) The ABA may, by writing, determine that paragraph (1)(b) applies
to specified advertising or sponsorship matter transmitted by a specified
commercial television broadcasting licensee during a specified period.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(5) The period specified in a determination under subclause (4) must
not be more than 2 years from the commencement of the simulcast period for the
licence area concerned.
Re-transmission obligation
(6) If:
(a) a commercial television broadcasting licensee transmits a qualifying
program on the HDTV version of the commercial television broadcasting service
concerned during the simulcast period for the licence area concerned;
and
(b) that program is not advertising or sponsorship matter;
then, within the period of 168 hours before or after the time when the
first such transmission of that program began, the licensee must have
transmitted that program on that service in that area in the mode in which the
program would have been required to be transmitted at that time if the program
were not a qualifying program.
20 hour HDTV quota
(7) If:
(a) after the end of the 2-year period referred to in paragraph 37E(2)(b)
of this Schedule, a commercial television broadcasting licensee transmits,
during a week, a qualifying program on the HDTV version of the commercial
television broadcasting service concerned; and
(b) there is more than one such transmission of that program by the
licensee during the week;
then, in determining whether the licensee has met the HDTV 20 hour
requirement for the week, the first such transmission only counts towards the 20
hours.
Disallowable instrument
(8) A determination under subclause (2) or (4) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
Interpretation
(9) A reference in this clause to advertising or sponsorship
matter is a reference to advertising or sponsorship matter (whether or
not of a commercial kind).
(10) In this clause:
HDTV 20 hour requirement means the requirement that a
commercial television broadcasting licensee transmit at least 20 hours a week of
high-definition television programs in HDTV digital mode in the licence area
concerned on the HDTV version of the commercial television broadcasting service
concerned.
HDTV simulcast requirement means the requirement referred to
in paragraph 37E(1)(c) or (d) of this Schedule.
qualifying program means a television program covered by a
determination in force under subclause (2).
9 After clause 37F of
Schedule 4
Insert:
(1) In determining, for the purposes of standards made under subclause
37F(1), whether a national broadcaster has ensured that the HDTV simulcast
requirement is met:
(a) if a relevant determination is in force under
subclause (2)—ignore any television programs covered by the
determination; and
(b) in the case of the Special Broadcasting Service Corporation where a
relevant determination is in force under subclause (4)—ignore any
advertising or sponsorship matter covered by the determination.
ABA determinations
(2) The ABA may, by writing, determine that paragraph (1)(a) applies
to specified television programs transmitted by a specified national broadcaster
during a specified period.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(3) The period specified in a determination under subclause (2) must
not be more than 12 months from the commencement of the determination.
(4) The ABA may, by writing, determine that paragraph (1)(b) applies
to specified advertising or sponsorship matter transmitted by the Special
Broadcasting Service Corporation during a specified period.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(5) The period specified in a determination under subclause (4) must
not be more than 2 years from the commencement of the simulcast period for the
coverage area concerned.
Re-transmission obligation
(6) If:
(a) a national broadcaster transmits a qualifying program on the HDTV
version of the national television broadcasting service concerned during the
simulcast period for the coverage area concerned; and
(b) that program is not advertising or sponsorship matter;
then, within the period of 168 hours before or after the time when the
first such transmission of that program began, the broadcaster must have
transmitted that program on that service in that area in the mode in which the
program would have been required to be transmitted at that time if the program
were not a qualifying program.
20 hour HDTV quota
(7) If:
(a) after the end of the 2-year period referred to in paragraph 37F(2)(b)
of this Schedule, a national broadcaster transmits, during a week, a qualifying
program on the HDTV version of the national television broadcasting service
concerned; and
(b) there is more than one such transmission of that program by the
broadcaster during the week;
then, in determining whether the broadcaster has met the HDTV 20 hour
requirement for the week, the first such transmission only counts towards the 20
hours.
Disallowable instrument
(8) A determination under subclause (2) or (4) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
Interpretation
(9) A reference in this clause to advertising or sponsorship
matter is a reference to advertising or sponsorship matter (whether or
not of a commercial kind).
(10) In this clause:
HDTV 20 hour requirement means the requirement that a
national broadcaster transmit at least 20 hours a week of high-definition
television programs in HDTV digital mode in the coverage area concerned on the
HDTV version of the national television broadcasting service
concerned.
HDTV simulcast requirement means the requirement referred to
in paragraph 37F(1)(c) of this Schedule.
qualifying program means a television program covered by a
determination in force under subclause (2).
10 After subclause 37G(1) of
Schedule 4
Insert:
(1A) If the regulations determine standards that require each commercial
television broadcasting licensee to ensure the requirement in
paragraph (1)(c) or (d) is met, the regulations may also make provision for
and in relation to exceptions to that requirement.
(1B) In making provision for and in relation to exceptions to that
requirement, the regulations may empower the ABA to make written determinations
and to impose conditions on commercial television broadcasting licensees in
those determinations.
(1C) Subclause (1B) does not limit subclause (1A).
11 After subclause 37H(1) of
Schedule 4
Insert:
(1A) If the regulations determine standards that require each national
broadcaster to ensure the requirement in paragraph (1)(c) is met, the
regulations may also make provision for and in relation to exceptions to that
requirement.
(1B) In making provision for and in relation to exceptions to that
requirement, the regulations may empower the ABA to make written determinations
and to impose conditions on national broadcasters in those
determinations.
(1C) Subclause (1B) does not limit subclause (1A).
12 At the end of clause 37K of
Schedule 4
Add:
(2) A national broadcaster must comply with the requirement of subclause
37FA(6) (which deals with HDTV transmission).
13 Subclause 2(1) of Schedule 6 (definition
of foreign-language news bulletin)
Repeal the definition.
14 Subclause 2(1) of
Schedule 6
Insert:
foreign-language news or current affairs program has the
meaning given by clause 5.
15 Subclause 5(1) of
Schedule 6
Repeal the subclause, substitute:
(1) For the purposes of this Schedule, a foreign-language news or
current affairs program means a news or current affairs program that is
wholly in a language other than English.
Note: The heading to clause 5 of Schedule 6 is
replaced by the heading “Foreign-language news or current affairs
programs”.
16 Subclause 5(4) of
Schedule 6
Repeal the subclause.
17 Paragraph 15(3)(c) of
Schedule 6
Repeal the paragraph, substitute:
(c) a foreign-language news or current affairs program.
18 Subclause 16(2) of
Schedule 6
After “transmitting a bulletin”, insert “, or
program,”.
19 Paragraph 21(2)(c) of
Schedule 6
Repeal the paragraph, substitute:
(c) a foreign-language news or current affairs program.
20 Paragraph 100(2)(a)
After “subsection 34(1)”, insert “or
(3)”.