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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Broadcasting Legislation Amendment
(Digital Radio) Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to amend the law relating to
broadcasting, and for other purposes
No. , 2017
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Digital radio
3
Part 1--Amendments
3
Broadcasting Services Act 1992
3
Radiocommunications Act 1992
3
Part 2--Application provisions
8
No. , 2017
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
1
A Bill for an Act to amend the law relating to
1
broadcasting, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Broadcasting Legislation Amendment (Digital
5
Radio) Act 2017.
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 Legislation Amendment (Digital Radio) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day 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repealed as set out in the applicable items in the Schedule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
Digital radio Schedule 1
Amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
3
Schedule 1--Digital radio
1
Part 1--Amendments
2
Broadcasting Services Act 1992
3
1 Subsections 8AC(6) and (7)
4
Repeal the subsections.
5
Radiocommunications Act 1992
6
2 Paragraph 9C(1)(d)
7
Omit all the words after "paragraph (c)", substitute "were published on
8
the ACMA's website; and".
9
3 After paragraph 9C(1)(d)
10
Insert:
11
(da) the invitations referred to in paragraph (c) were open for
12
whichever of the following periods is applicable:
13
(i) a period of at least 60 days;
14
(ii) if all the invitees responded to the invitations within the
15
period mentioned in subparagraph (i)--the period that
16
began at the start of the period mentioned in
17
subparagraph (i) and ended on the last occasion on
18
which the promoters received such a response; and
19
4 Subsections 44A(5) and (7)
20
Repeal the subsections.
21
5 Paragraph 102C(3)(a)
22
Omit "150", substitute "120".
23
6 Paragraph 102C(5)(c)
24
Omit all the words after "paragraph (a)", substitute "were published on
25
the ACMA's website; and".
26
7 After paragraph 102C(5)(c)
27
Insert:
28
Schedule 1 Digital radio
Part 1 Amendments
4
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
No. , 2017
(ca) the invitations referred to in paragraph (a) were open for
1
whichever of the following periods is applicable:
2
(i) a period of at least 80 days;
3
(ii) if all the invitees responded to the invitations within the
4
period mentioned in subparagraph (i)--the period that
5
began at the start of the period mentioned in
6
subparagraph (i) and ended on the last occasion on
7
which the promoters received such a response; and
8
8 After subsection 102C(7)
9
Insert:
10
Copies of responses to invitations to subscribe for shares
11
(7A) If:
12
(a) an application is made for a foundation category 1 digital
13
radio multiplex transmitter licence for a particular designated
14
BSA radio area; and
15
(b) the applicant is an eligible joint venture company;
16
the ACMA may, by written notice given to the applicant, require
17
the applicant to:
18
(c) give the ACMA a copy of each of the responses to the
19
invitations referred to in paragraph (5)(a), so far as that
20
paragraph applies to the promoters of the applicant; and
21
(d) do so within the period specified in the notice.
22
(7B) If the applicant breaches the requirement set out in the
23
subsection (7A) notice, the ACMA may, by written notice given to
24
the applicant:
25
(a) refuse to consider the application; or
26
(b) refuse to take any action, or any further action, in relation to
27
the application.
28
(7C) If:
29
(a) an application is made for a foundation category 1 digital
30
radio multiplex transmitter licence for a particular designated
31
BSA radio area; and
32
(b) the application includes a statement to the effect that a
33
particular company is a digital community radio broadcasting
34
representative company for the area;
35
Digital radio Schedule 1
Amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
5
then:
1
(c) the ACMA may, by written notice given to the company,
2
require the company to:
3
(i) give the ACMA a copy of each of the responses to the
4
invitations referred to in paragraph 9C(1)(c), so far as
5
that paragraph applies to the promoters of the company;
6
and
7
(ii) do so within the period specified in the notice; and
8
(d) if the ACMA gives a notice to the company--the ACMA
9
must give a copy of the notice to the applicant.
10
(7D) If the company breaches the requirement set out in the
11
subsection (7C) notice, the ACMA may, by written notice given to
12
the applicant:
13
(a) refuse to consider the application; or
14
(b) refuse to take any action, or any further action, in relation to
15
the application.
16
9 Paragraph 102D(3)(a)
17
Omit "150", substitute "120".
18
10 Paragraph 102D(5)(c)
19
Omit all the words after "paragraph (a)", substitute "were published on
20
the ACMA's website; and".
21
11 After paragraph 102D(5)(c)
22
Insert:
23
(ca) the invitations referred to in paragraph (a) were open for
24
whichever of the following periods is applicable:
25
(i) a period of at least 80 days;
26
(ii) if all the invitees responded to the invitations within the
27
period mentioned in subparagraph (i)--the period that
28
began at the start of the period mentioned in
29
subparagraph (i) and ended on the last occasion on
30
which the promoters received such a response; and
31
12 After subsection 102D(7)
32
Insert:
33
Schedule 1 Digital radio
Part 1 Amendments
6
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
No. , 2017
Copies of responses to invitations to subscribe for shares
1
(7A) If:
2
(a) an application is made for a foundation category 2 digital
3
radio multiplex transmitter licence for a particular designated
4
BSA radio area; and
5
(b) the applicant is an eligible joint venture company;
6
the ACMA may, by written notice given to the applicant, require
7
the applicant to:
8
(c) give the ACMA a copy of each of the responses to the
9
invitations referred to in paragraph (5)(a), so far as that
10
paragraph applies to the promoters of the applicant; and
11
(d) do so within the period specified in the notice.
12
(7B) If the applicant breaches the requirement set out in the
13
subsection (7A) notice, the ACMA may, by written notice given to
14
the applicant:
15
(a) refuse to consider the application; or
16
(b) refuse to take any action, or any further action, in relation to
17
the application.
18
(7C) If:
19
(a) an application is made for a foundation category 2 digital
20
radio multiplex transmitter licence for a particular designated
21
BSA radio area; and
22
(b) the application includes a statement to the effect that a
23
particular company is a digital community radio broadcasting
24
representative company for the area;
25
then:
26
(c) the ACMA may, by written notice given to the company,
27
require the company to:
28
(i) give the ACMA a copy of each of the responses to the
29
invitations referred to in paragraph 9C(1)(c), so far as
30
that paragraph applies to the promoters of the company;
31
and
32
(ii) do so within the period specified in the notice; and
33
(d) if the ACMA gives a notice to the company--the ACMA
34
must give a copy of the notice to the applicant.
35
Digital radio Schedule 1
Amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
7
(7D) If the company breaches the requirement set out in the
1
subsection (7C) notice, the ACMA may, by written notice given to
2
the applicant:
3
(a) refuse to consider the application; or
4
(b) refuse to take any action, or any further action, in relation to
5
the application.
6
13 Subsection 118ND(1)
7
Omit "3 months", substitute "50 days".
8
14 At the end of paragraph 118NT(1)(b)
9
Add:
10
and (iii) the fractions of multiplex capacity relating to any
11
excess-capacity access entitlements that have previously
12
come into existence under subsections (4) and (7);
13
Schedule 1 Digital radio
Part 2 Application provisions
8
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
No. , 2017
Part 2--Application provisions
1
15 Application of amendment of the Broadcasting Services
2
Act 1992
3
The repeal of subsections 8AC(6) and (7) of the Broadcasting Services
4
Act 1992 by this Schedule applies in relation to a declaration made after
5
the commencement of this item.
6
16 Application of amendments of the Radiocommunications
7
Act 1992
8
(1)
The amendments of subsection 9C(1) of the Radiocommunications Act
9
1992 made by this Schedule apply in relation to an invitation given after
10
the commencement of this item.
11
(2)
The amendment of paragraph 102C(3)(a) of the Radiocommunications
12
Act 1992 made by this Schedule applies in relation to a licence issued
13
after the commencement of this item.
14
(3)
The amendments of subsection 102C(5) of the Radiocommunications
15
Act 1992 made by this Schedule apply in relation to an invitation given
16
after the commencement of this item.
17
(4)
The following provisions of the Radiocommunications Act 1992 (as
18
amended by this Schedule) apply in relation to an invitation given after
19
the commencement of this item:
20
(a) subsection 102C(7A);
21
(b) subsection 102C(7B);
22
(c) subsection 102C(7C);
23
(d) subsection 102C(7D).
24
(5)
The amendment of paragraph 102D(3)(a) of the Radiocommunications
25
Act 1992 made by this Schedule applies in relation to a licence issued
26
after the commencement of this item.
27
(6)
The amendments of subsection 102D(5) of the Radiocommunications
28
Act 1992 made by this Schedule apply in relation to an invitation given
29
after the commencement of this item.
30
Digital radio Schedule 1
Application provisions Part 2
No. , 2017
Broadcasting Legislation Amendment (Digital Radio) Bill 2017
9
(7)
The following provisions of the Radiocommunications Act 1992 (as
1
amended by this Schedule) apply in relation to an invitation given after
2
the commencement of this item:
3
(a) subsection 102D(7A);
4
(b) subsection 102D(7B);
5
(c) subsection 102D(7C);
6
(d) subsection 102D(7D).
7
(8)
The amendment of subsection 118ND(1) of the Radiocommunications
8
Act 1992 made by this Schedule applies in relation to a licence issued
9
after the commencement of this item.
10