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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
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Broadcasting
Legislation Amendment Bill (No. 2)
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
Part 1—Amendments 3
Broadcasting Services Act
1992 3
Radiocommunications Act
1992 7
Part 2—Saving
provision 8
Part 1—Amendments 9
Broadcasting Services Act
1992 9
Part 2—Application and transitional
provisions 11
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act
1992 13
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. 2) 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1 and 2 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
3. Schedule 3 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Broadcasting Services Act
1992
1 Subsection 6(1)
Insert:
CTV licence means a community broadcasting licence under
Part 6 to provide a service that provides television programs but is not
targeted, to a significant extent, to one or more remote Indigenous
communities.
2 Subsection 6(1)
Insert:
remote Indigenous community has the meaning given by
section 8B.
3 After section 8A
Insert:
(1) An Indigenous community is a remote Indigenous community
for the purposes of this Act if the ABA so determines in writing.
(2) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
4 Subsection 81(1)
Repeal the subsection, substitute:
(1) A licence is not to be allocated to an applicant if:
(a) in the case of an applicant for a CTV licence—the applicant is
not a company limited by guarantee within the meaning of the Corporations Act
2001; or
(b) the ABA decides that subsection 83(2) applies to the
applicant.
5 Subsection 81(2)
Omit “Subsection (1)”, substitute
“Paragraph (1)(b)”.
6 At the end of
section 86
Add:
(2) In addition, CTV licences are subject to such other conditions as are
imposed by or under section 87A.
7 At the end of subsection
87(5)
Add:
; or (c) if the licence is a CTV licence—any conditions imposed on
the licence by or under section 87A.
8 After section 87
Insert:
Policy underlying additional conditions
(1) It is the intention of the Parliament that services provided under CTV
licences be regulated in a manner that causes them not to operate in the same
way as commercial television broadcasting services.
Conditions relating to sale of access to air-time
(2) Each CTV licence is subject to the condition that the licensee must
not sell access to more than 2 hours of air-time in any day to a particular
person who operates a business for profit or as part of a profit-making
enterprise, unless the person is a company that has a sole or dominant purpose
of assisting a person in education or learning.
(3) Each CTV licence is subject to the condition that the licensee must
not sell access to a combined total of more than 8 hours of air-time in any day
to people who operate businesses for profit or as part of profit-making
enterprises.
(4) Each CTV licence is subject to the condition that the licensee must
not sell access to more than 8 hours of air-time in any day to a particular
person.
(5) For the purposes of the conditions imposed by subsections (2),
(3) and (4), the sale of access to air-time to any of the following is taken
to be the sale of access to air-time to a company:
(a) the sale of access to air-time to any person in a position to exercise
control of the company;
(b) the sale of access to air-time to any related body corporate (within
the meaning of the Corporations Act 2001) of the company.
(6) The ABA may, by written determination, impose other conditions on all
CTV licences relating to sale of access to air-time.
Conditions relating to other matters
(7) The ABA may, by written determination, impose other conditions on all
CTV licences, including, but not limited to, conditions relating to:
(a) community access to air-time; or
(b) the governance of CTV licensees (including conditions relating to
provisions that the constitution of the licensee must at all times contain);
or
(c) the provision of annual reports to the ABA and the form in which they
are to be provided.
Changes to conditions
(8) The ABA may, by written determination, vary or revoke any condition
imposed by or under this section.
(9) The ABA must, before imposing, varying or revoking a condition under
this section, seek public comment on the proposed condition or the proposed
variation or revocation.
(10) Action taken under this section must not be inconsistent
with:
(a) determinations and clarifications under section 19; or
(b) conditions set out in Part 5 of Schedule 2.
Determinations are disallowable instruments
(11) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Definitions
(12) In this section:
access, in relation to air-time, means the right to select or
provide programs to be broadcast during the air-time.
air-time means time available for broadcasting programs on a
community broadcasting service.
sell, in relation to access to air-time, means enter into any
arrangement under which a person receives any consideration in cash or in kind
in relation to provision of the access to air-time.
9 Subsection 122(1)
Repeal the subsection, substitute:
(1) The ABA must, by notice in writing, determine standards that are to be
observed by commercial television broadcasting licensees.
10 Subsection 122(3)
Repeal the subsection.
11 Paragraph 9(1)(b) of
Schedule 2
Omit “subclause (3)”, substitute “this
clause”.
12 Subclause 9(3) of
Schedule 2
Repeal the subclause, substitute:
(3) A community broadcasting licensee may broadcast sponsorship
announcements. However, they must not run in total for more than:
(a) if the licensee is a community television broadcasting
licensee—7 minutes in any hour of broadcasting; or
(b) in any other case—5 minutes in any hour of
broadcasting.
13 Subclause 9(6) of
Schedule 2
Omit “provided for remote Aboriginal community purposes”,
substitute “targeted, to a significant extent, to one or more remote
Indigenous communities”.
14 Subsection 103(4)
Omit “, 102”.
15 After subsection 103(4)
Insert:
(4A) A transmitter licence issued under section 102:
(a) subject to paragraphs (b) and (c), continues in force while the
related licence referred to in that section remains in force; and
(b) does not have effect while the related licence referred to in that
section is suspended; and
(c) does not have effect after the later of the following dates, if the
related licence is a CTV licence within the meaning of the Broadcasting
Services Act 1992:
(i) 31 December 2006; or
(ii) the date specified in a written determination by the
Minister.
(4B) A determination under subparagraph (4A)(c)(ii) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
16 Saving provision relating to
item 9
(1) This item applies to standards if the standards were:
(a) determined under paragraph 122(1)(a) of the Broadcasting Services
Act 1992; and
(b) in force immediately before the commencement of item 9.
(2) The standards have effect, after the commencement of item 9, as if
they had been made under subsection 122(1) of the Broadcasting Services Act
1992 as substituted by that item.
Broadcasting Services Act
1992
1 Subsection 83(3)
Omit “only”.
2 Subsection 90(1)
Omit all the words after “in writing”, substitute “by the
ABA”.
3 After subsection 90(1)
Insert:
(1A) An application for renewal must be made no earlier than one year
before the licence is due to expire, but no later than the earlier of the
following times:
(a) 26 weeks before the licence is due to expire;
(b) a time that is notified in writing to the licensee by the
ABA.
(1B) A time that is notified under paragraph (1A)(b) must be at least
4 weeks after the day on which it is notified to the licensee.
4 Subsection 91(1)
Omit “must”, substitute “may”.
Note: The heading to section 91 is replaced by the
heading “ABA may renew community broadcasting
licences”.
5 After subsection 91(2)
Insert:
(2A) The ABA may refuse to renew a community broadcasting licence that is
a broadcasting services bands licence if, having regard to the matters in
paragraphs 84(2)(a) to (f), it considers that it would not allocate such a
licence if it were deciding whether to allocate the licence to the
licensee.
6 Paragraph 123(1)(b)
After “licensees”, insert “other than providers of
services targeted, to a significant extent, to one or more remote Indigenous
communities”.
7 After paragraph 123(1)(b)
Insert:
(ba) community broadcasting licensees whose services are targeted, to a
significant extent, to one or more remote Indigenous communities; and
8 Paragraph 2(2)(b) of
Schedule 2
After “licensee”, insert “or of a program broadcast on
the service provided under the licence”.
9 Paragraph 9(2)(b) of
Schedule 2
After “allocated”, insert “or was last
renewed”.
10 At the end of subclause 9(2) of
Schedule 2
Add:
; (d) the licensee will provide the service for community
purposes;
(e) the licensee will not operate the service for profit or as part of a
profit-making enterprise.
Part 2—Application
and transitional provisions
11 Application of items 2 and
3
Despite the amendments made by items 2 and 3, section 90 of the
Broadcasting Services Act 1992 continues to apply, in relation to
licences that, at the time those items commence, are due to expire in less than
30 weeks, as if those amendments had not been made.
12 Transitional provision relating to
items 6 and 7
(1) After the commencement of this Act, the code of practice (the
existing code) that was, immediately before the commencement of
this Act:
(a) applicable to the broadcasting operations of all community radio
broadcasting licensees; and
(b) included in the Register of codes of practice under section 123
of the Broadcasting Services Act 1992;
continues to be applicable to the broadcasting operations of each community
radio broadcasting licensee until it ceases to be applicable to that licensee
under subitem (2) or (3).
(2) The existing code ceases to be applicable to the broadcasting
operations of community radio broadcasting licensees whose services are not
targeted, to a significant extent, to one or more remote Indigenous communities
when the earlier of the following occurs:
(a) a code of practice applicable only to those licensees is first
included in the Register of codes of practice;
(b) a replacement code of practice (see subitem (7)) is first
included in the Register of codes of practice.
(3) The existing code ceases to be applicable to the broadcasting
operations of community radio broadcasting licensees whose services are
targeted, to a significant extent, to one or more remote Indigenous communities
when the earlier of the following occurs:
(a) a code of practice applicable only to those licensees is first
included in the Register of codes of practice;
(b) a replacement code of practice (see subitem (7)) is first
included in the Register of codes of practice.
(4) If a replacement code of practice is included in the Register of codes
of practice, the replacement code of practice is applicable to all community
radio broadcasting licensees as if the amendments made by items 6 and 7 had
not been made.
(5) The replacement code of practice continues to be applicable to the
broadcasting operations of community radio broadcasting licensees whose services
are not targeted, to a significant extent, to one or more remote Indigenous
communities until a code of practice applicable only to those licensees is first
included in the Register of codes of practice.
(6) The replacement code of practice continues to be applicable to the
broadcasting operations of community radio broadcasting licensees whose services
are targeted, to a significant extent, to one or more remote Indigenous
communities until a code of practice applicable only to those licensees is first
included in the Register of codes of practice.
(7) In this item:
replacement code of practice, means a code of
practice:
(a) developed under section 123 of the Broadcasting Services Act
1992, either before or after the commencement of this Act, which is
applicable to the broadcasting operations of all community radio broadcasting
licensees; and
(b) included in the Register of codes of practice under that section
within 3 months after the commencement of this Act.
Broadcasting Services
(Transitional Provisions and Consequential Amendments) Act
1992
1 Subsection 28(1)
Omit all the words after “repealed”.
2 Subsections 28(2) and (3)
Repeal the subsections.