BROADCASTING LEGISLATION AMENDMENT (DIGITAL TELEVISION) BILL 2010

i Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendments

Broadcasting Services Act 1992

Copyright Act 1968

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 1

A Bill for an Act to amend legislation relating to

broadcasting, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Broadcasting Legislation Amendment

(Digital Television) Act 2010.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

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 this Act receives the Royal Assent.

2. Schedule 1

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of 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 contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

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repealed as set out in the applicable items in the Schedule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.

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 3

Schedule 1--Amendments

Broadcasting Services Act 1992

1 Subsection 6(1) (before paragraph (a) of the definition of

commercial television broadcasting licence)

Insert:

(aa) in the case of a licence allocated under section 38C--the

commercial television broadcasting services that, under

section 41CA, are authorised by the licence; or

2 Subsection 6(1)

Insert:

conditional access scheme means a scheme that complies with

section 130ZB.

3 Subsection 6(1) (at the end of the definition of core

commercial television broadcasting service)

Add:

Note:

There is no core commercial television broadcasting service in relation

to a licence allocated on or after 1 January 2009. This is because core

commercial television broadcasting services are certain services

authorised by licences allocated before 1 January 2009.

4 Subsection 6(1)

Insert:

core/primary commercial television broadcasting service, in

relation to a commercial television broadcasting licence, means:

(a) if a core commercial television broadcasting service is

provided under the licence--that service; or

(b) if a primary commercial television broadcasting service

(within the meaning of Schedule 4) is provided under the

licence--that service.

5 Subsection 6(1) (definition of licence area)

Repeal the definition, substitute:

licence area means:

Schedule 1 Amendments

4 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(a) an area designated by the ACMA under section 29, 40 or

92G; or

(b) an area specified in column 1 of the table in subsection

38C(1).

Note 1:

See also section 8AD, which deals with deemed radio broadcasting

licence areas.

Note 2:

See also section 8 of the Broadcasting Services (Transitional

Provisions and Consequential Amendments) Act 1992, which deals

with deemed licence areas.

6 Subsection 6(1)

Insert:

reception certificate means a reception certificate issued under a

conditional access scheme registered under Part 9C.

7 Subsection 6(1)

Insert:

scheme administrator, in relation to a conditional access scheme,

means the company identified in the scheme as the scheme

administrator for the scheme.

8 Section 14

Before "Commercial broadcasting services", insert "(1)".

9 At the end of section 14

Add:

(2) For the purposes of the application of subsection (1) to a

broadcasting service provided under a licence allocated under

section 38C, assume that there is no conditional access system that

relates to the broadcasting service.

10 At the end of section 29

Add:

(3) This section does not apply to a licence allocated under

section 38C.

11 Before section 35A

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 5

Insert:

Division 1--Allocation of licences

12 Paragraph 37(1)(a)

Omit "formed in Australia or in an external Territory", substitute

"registered as a company under Part 2A.2 of the Corporations Act

2001".

13 After paragraph 38A(1)(a)

Insert:

(aa) the parent licence is not a licence allocated under

section 38C; and

14 Paragraph 38B(1)(b)

Repeal the paragraph.

15 At the end of paragraph 38B(1)(c)

Add "and".

16 After paragraph 38B(1)(c)

Insert:

(ca) the ACMA, by notice published in the Gazette, invites:

(i) the existing licensees to give the ACMA a joint written

notice under paragraph (d); and

(ii) each existing licensee to give the ACMA a written

notice under paragraph (e);

during the period specified in the notice;

17 Subsection 38B(1)

Omit "90 days after the designated time for the licence area", substitute

"the period specified in the paragraph (ca) notice".

18 Subparagraph 38B(1)(d)(iii)

Omit "formed in Australia or an external Territory", substitute

"registered as a company under Part 2A.2 of the Corporations Act

2001".

19 After subsection 38B(1)

Schedule 1 Amendments

6 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Insert:

(1A) A notice under paragraph (1)(ca) is not a legislative instrument.

20 Subsections 38B(2) and (3)

Omit "designated time for the licence area", substitute "notice is given".

21 Paragraphs 38B(7)(b) and (8)(b)

Omit "designated time for the licence area", substitute "time when the

notice is given".

22 Paragraphs 38B(18)(b) and (c)

After "if", insert "the licence was allocated before the commencement

of section 38C and".

23 At the end of subsection 38B(19)

Add "before the commencement of section 38C".

24 After subsection 38B(19)

Insert:

(19A) Paragraphs 7(1)(l) and (m) of Schedule 2 do not apply to an

additional licence allocated under this section after the

commencement of section 38C.

25 Subsections 38B(26), (27) and (28)

Repeal the subsections.

26 After section 38B

Insert:

38C Commercial television broadcasting licences--services provided

with the use of a satellite

(1) The following table has effect:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 7

Licence areas and eligible joint venturers

Column 1

Column 2

Column 3

Item

Licence area for a

commercial television

broadcasting licence

allocated, or to be

allocated, under this

section

Description of the

licence area

Eligible joint

venturers for the

licence area

South Eastern Australia

TV3

The area consisting of

New South Wales,

Victoria, South

Australia, Tasmania,

the Australian Capital

Territory and the Jervis

Bay Territory.

The commercial

television broadcasting

licensees for the

following licence

areas:

(a) Remote Central and

Eastern Australia

TV1;

(b) Remote Central and

Eastern Australia

TV2;

2 Northern

Australia

TV3

The area consisting of

Queensland and the

Northern Territory.

The commercial

television broadcasting

licensees for the

following licence

areas:

(a) Remote Central and

Eastern Australia

TV1;

(b) Remote Central and

Eastern Australia

TV2;

Western Australia TV3

The area consisting of

Western Australia.

The commercial

television broadcasting

licensees for the

following licence

areas:

(a) Remote and

Regional WA TV1;

(b) Western Zone TV1;

Schedule 1 Amendments

8 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Licence areas and eligible joint venturers

Column 1

Column 2

Column 3

Item

Licence area for a

commercial television

broadcasting licence

allocated, or to be

allocated, under this

section

Description of the

licence area

Eligible joint

venturers for the

licence area

(d) Geraldton TV1;

(e) South West and

Great Southern

TV1.

Joint-venture company

(2) Two or more of the eligible joint venturers for a licence area

specified in column 1 of the table in subsection (1) may, during

whichever of the following periods is applicable:

(a) in the case of the South Eastern Australia TV3 licence area--

the 28-day period beginning at the commencement of this

section;

(b)

otherwise--the

period:

(i) beginning at the commencement of this section; and

(ii) ending 6 months before the start of the earliest

applicable terrestrial digital television switch-over date

for the licence area;

give the ACMA a joint written notice stating that:

company) will apply under subsection (3) for a commercial

television broadcasting licence for the licence area; and

(d) the joint-venture company is registered as a company under

Part 2A.2 of the Corporations Act 2001 and has a share

capital.

Application by joint-venture company

(3) If a notice is given under subsection (2) in relation to a licence area

specified in column 1 of the table in subsection (1), the

joint-venture company must:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 9

(a) apply in writing to the ACMA for a commercial television

broadcasting licence for the licence area; and

(b) do so within 28 days after the notice is given.

Allocation of licence to joint-venture company

(4) If the ACMA receives an application under subsection (3) that

relates to a licence area, the ACMA must:

(a) allocate a commercial television broadcasting licence to the

joint-venture company for the licence area; and

(b) do so within 28 days after the application is received.

(5) Subsection (4) has effect subject to section 37.

Special purpose company

(6) If no notice is given under subsection (2) in relation to a licence

area specified in column 1 of the table in subsection (1), an eligible

joint venturer for the licence area may, within 28 days after the end

of whichever of the periods mentioned in paragraphs (2)(a) and (b)

is applicable, give the ACMA a written notice stating that:

(a) a company specified in the notice (the special purpose

company) will apply under subsection (7) for a commercial

television broadcasting licence for the licence area; and

(b) the special purpose company is a wholly-owned subsidiary of

the eligible joint venturer; and

under Part 2A.2 of the Corporations Act 2001 and has a share

capital.

Application by special purpose company

(7) If a notice is given under subsection (6), the special purpose

company must:

(a) apply in writing to the ACMA for a commercial television

broadcasting licence for the licence area specified in the

notice; and

(b) do so within 28 days after the notice is given.

Schedule 1 Amendments

10 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Allocation of licence to special purpose company

(8) If only one special purpose company makes an application under

subsection (7) in relation to a licence area specified in column 1 of

the table in subsection (1), the ACMA must:

(a) allocate a commercial television broadcasting licence to the

special purpose company for the licence area; and

(b) do so within 28 days after the application is received.

(9) If the ACMA receives applications from 2 or more special purpose

companies under subsection (7) in relation to a licence area

specified in column 1 of the table in subsection (1), the ACMA

must allocate a commercial television broadcasting licence to one

of those companies for the licence area in accordance with a

price-based system determined under subsection (11).

(10) Subsections (8) and (9) have effect subject to section 37.

Price-based system for allocating licences where 2 or more

applications have been received.

(11) The ACMA may, by written instrument, determine a price-based

system for allocating commercial television broadcasting licences

under subsection (9).

(12) A instrument made under subsection (11) is not a legislative

instrument.

(13) The Minister may, by legislative instrument, give specific

directions to the ACMA in relation to the power conferred by

subsection (11). Directions may be to include in a determination

specified reserve prices for licences, and those reserve prices may

be different for licences in different licence areas.

(14) If a commercial television broadcasting licence is allocated under

subsection (9), the ACMA must, unless the price-based allocation

system adopted was public, publish in the Gazette:

(a) the name of the successful applicant; and

(b) the amount that the applicant agreed to pay to the

Commonwealth for the allocation of the licence.

Cancellation of licence--services not provided

(15)

If:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 11

(a) the licensee of a licence allocated under this section is

contravening a licence condition set out in:

(i) clause 7B of Schedule 2; or

(ii) clause 7C of Schedule 2; and

(b) the ACMA is satisfied that the contravention is not due to:

(i) technical circumstances that are beyond the licensee's

control; or

(ii) unforeseen circumstances that are beyond the licensee's

control; or

(iii) circumstances specified in the regulations; and

licensee that, if the contravention continues for 30 days, the

licence may be cancelled; and

(d) 30 days pass after the notice is given, and the contravention

continues;

the ACMA must, by written notice given to the licensee, cancel the

licence.

(16) The cancellation takes effect:

(a) when the notice of cancellation is given to the licensee; or

(b) if a later time is specified in the notice of cancellation--at

that later time.

Allocation of licence after cancellation etc.

(17)

If:

(a) the ACMA gives a notice under subsection (15) to a licensee,

cancelling the licence for a licence area; or

(b)

both:

(i) no notice is given under subsection (2) in relation to a

licence area; and

(ii) no notice is given under subsection (6) in relation to a

licence area; or

subsection (3); or

(d)

both:

(i) there is only one special purpose company for a licence

area; and

Schedule 1 Amendments

12 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(ii) the special purpose company contravenes

subsection (7); or

(e)

both:

(i) there are 2 or more special purpose companies for a

licence area; and

(ii) each of those special purpose companies contravene

subsection (7);

the ACMA must, within 45 days after:

(f) if paragraph (a) applies--the giving of the notice; or

(g) if paragraph (b) applies--the the last day on which a notice

could have been given under subsection (6) in relation to the

licence area; or

(h) if paragraph (c), (d) or (e) applies--the contravention;

advertise, in a manner determined by the ACMA, for applications

for a licence to be allocated under subsection (23) for the licence

area.

(18) Before commencing to advertise under subsection (17), the ACMA

must, by legislative instrument, determine the eligibility

requirements that must be met by persons applying for a licence in

response to such an advertisement.

(19) The eligibility requirements determined under subsection (18) must

include that the applicant has the capacity to provide the services

that the licensee will be required to provide under clauses 7B, 7C

and 7D of Schedule 2. This subsection does not limit other

eligibility requirements that may be determined under

subsection (18).

(20) The Minister may, by legislative instrument, direct the ACMA

about the exercise of its powers under subsection (18).

(21) The ACMA must include in an advertisement under

subsection (17):

(a) a description of the matter mentioned in the applicable

paragraph of subsection (17); and

(b) the date on or before which applications must be received by

the ACMA (the applications closing date); and

(i) the licence area for the licence; and

(ii) the eligibility requirements; and

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 13

(iii) the conditions that will apply to the licence;

may be obtained.

(22) The applications closing date must be the 90th day after the day of

publication of the first advertisement under subsection (17) that

describes the contravention or cancellation concerned.

(23)

If:

(a) in response to an advertisement under subsection (17), the

ACMA receives one or more applications for a licence; and

(b) the applications were received on or before the applications

closing date specified in the advertisement; and

meets the eligibility requirements;

the ACMA must:

(d) allocate the licence to one of the applicants referred to in

paragraph (c); and

(e) do so within 90 days after the applications closing date.

(24) Subsection (23) has effect subject to section 37.

Restrictions on transfer of licences

(25) During the period of 2 years after the date of allocation of a licence

under this section, any attempt by any person to transfer the licence

is of no effect.

Definitions

(26) In this section:

applicable terrestrial digital television switch-over date has the

same meaning as in clause 7H of Schedule 2.

wholly-owned subsidiary has the same meaning as in the

Corporations Act 2001.

27 After section 41

Insert:

Schedule 1 Amendments

14 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Division 2--Services authorised by licences

28 After subsection 41B(1)

Insert:

(1A) Subsection (1) does not apply, after the commencement of

section 38C, to an eligible parent licence.

Note: For

eligible parent licence, see subsection (2E).

Note:

The heading to subsection 41B(1) is altered by adding at the end "--general".

29 After subsection 41B(2)

Insert:

(2A) Subsection (2) does not apply, after the commencement of

section 38C, to:

(a) an eligible parent licence; or

(b) an eligible section 38B licence.

Note 1:

For eligible parent licence, see subsection (2E).

Note 2:

For eligible section 38B licence, see subsection (2E).

Eligible parent licences in force immediately before 1 January

2009

(2B)

If:

(a) an eligible parent licence for a licence area was in force

immediately before 1 January 2009; and

(b) the eligible parent licence authorised the licensee to provide

the following 3 services in the licence area:

(i) the core commercial television broadcasting service;

(ii) a HDTV multi-channelled commercial television

broadcasting service;

(iii) a SDTV multi-channelled commercial television

broadcasting service;

the eligible parent licence is taken to authorise the licensee to

provide the following services in the licence area:

(d)

either:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 15

(i) a HDTV multi-channelled commercial television

broadcasting service and a SDTV multi-channelled

commercial television broadcasting service; or

(ii) 2 SDTV multi-channelled commercial television

broadcasting services;

during the simulcast period, or the simulcast-equivalent period, as

the case may be, for the licence area.

Note: For

eligible parent licence, see subsection (2E).

Eligible parent licences allocated on or after 1 January 2009

(2C) If an eligible parent licence for a licence area is allocated on or

after 1 January 2009 but before the end of whichever of the

following periods is applicable:

(a) the simulcast period for the licence area;

(b) the simulcast-equivalent period for the licence area;

the eligible parent licence is taken to authorise the licensee to

provide:

(i) a HDTV multi-channelled commercial television

broadcasting service;

(ii) 2 SDTV multi-channelled commercial television

broadcasting services; or

(d) 3 SDTV multi-channelled commercial television

broadcasting services in the licence area;

during the simulcast period, or the simulcast-equivalent period, as

the case may be, for the licence area.

Note: For

eligible parent licence, see subsection (2E).

Eligible section 38B licences

(2D) If an eligible section 38B licence for a licence area is allocated

before the end of whichever of the following periods is applicable:

(a) the simulcast period for the licence area;

(b) the simulcast-equivalent period for the licence area;

the eligible section 38B licence authorises the licensee to provide:

(i) a HDTV multi-channelled commercial television

broadcasting service;

Schedule 1 Amendments

16 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(ii) 2 SDTV multi-channelled commercial television

broadcasting services; or

(d) 3 SDTV multi-channelled commercial television

broadcasting services in the licence area;

during the simulcast period, or the simulcast-equivalent period, as

the case may be, for the licence area.

Note: For

eligible section 38B licence, see subsection (2E).

Eligible parent licence and eligible section 38B licence

(2E) For the purposes of this section, if:

(a) a person (the original licensee) is the licensee of a

commercial television broadcasting licence allocated under

section 38A; and

(b) after the commencement of section 38C, the original licensee

is allocated an additional commercial television broadcasting

licence under subsection 38B(6), (7), (8) or (9); and

and (b) are held by the same person (whether or not that

person is the original licensee);

then, at that time:

(d) the licence mentioned in paragraph (a) is an eligible parent

licence; and

(e) the licence mentioned in paragraph (b) is an eligible

section 38B licence.

Note:

The heading to subsection 41B(2) is altered by adding at the end "--general".

30 Subsection 41B(3)

After "under", insert "section 38C or".

Note:

The heading to subsection 41B(3) is altered by inserting "section 38C or" after "under".

31 Subsection 41C(3)

After "under", insert "section 38C or".

Note:

The heading to subsection 41C(3) is altered by inserting "section 38C or" after "under".

32 After section 41C

Insert:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 17

41CA Services authorised by commercial television broadcasting

licences allocated under section 38C

Authorised services

(1) A licence allocated under section 38C authorises the licensee to

provide the following commercial television broadcasting services

in the licence area:

(a) if a commercial television broadcasting licensee (a related

terrestrial licensee) for a related terrestrial licence area

provides a HDTV multi-channelled commercial television

broadcasting service in the related terrestrial licence area--a

HDTV multi-channelled commercial television broadcasting

service the program content of which is the same, or

substantially the same, as the service provided by the related

terrestrial licensee;

(b)

if:

(i) a commercial television broadcasting licensee (a related

terrestrial licensee) for a related terrestrial licence area

provides a SDTV multi-channelled commercial

television broadcasting service in the related terrestrial

licence area; and

(ii) the service is not the core/primary commercial

television broadcasting service provided by the related

terrestrial licensee;

a SDTV multi-channelled commercial television

broadcasting service the program content of which is the

same, or substantially the same, as the service provided by

the related terrestrial licensee;

(c)

if:

(i) a commercial television broadcasting licensee (a related

terrestrial licensee) for a related terrestrial licence area

provides a SDTV multi-channelled commercial

television broadcasting service in the related terrestrial

licence area; and

(ii) the service is the core/primary commercial television

broadcasting service provided by the related terrestrial

licensee;

a commercial television broadcasting service the program

content of which is the same, or substantially the same, as the

service provided by the related terrestrial licensee;

Schedule 1 Amendments

18 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(d) if a commercial television broadcasting licensee (a

metropolitan licensee) for a metropolitan licence area

provides a HDTV multi-channelled commercial television

broadcasting service in the metropolitan licence area--a

HDTV multi-channelled commercial television broadcasting

service the program content of which is the same, or

substantially the same, as the service provided by the

metropolitan licensee;

(e)

if:

(i) a commercial television broadcasting licensee (a

metropolitan licensee) for a metropolitan licence area

provides a SDTV multi-channelled commercial

television broadcasting service in the metropolitan

licence area; and

(ii) the service is not the core/primary commercial

television broadcasting service provided by the

metropolitan licensee;

a SDTV multi-channelled commercial television

broadcasting service the program content of which is the

same, or substantially the same, as the service provided by

the metropolitan licensee;

(f)

if:

(i) a commercial television broadcasting licensee (a

metropolitan licensee) for a metropolitan licence area

provides a SDTV multi-channelled commercial

television broadcasting service in the metropolitan

licence area; and

(ii) the service is the core/primary commercial television

broadcasting service provided by the metropolitan

licensee;

a commercial television broadcasting service the program

content of which is the same, or substantially the same, as the

service provided by the metropolitan licensee;

(g) one or more SDTV multi-channelled commercial television

broadcasting services the program content of which consists

wholly or primarily of programs provided, or required to be

provided, to the licensee under subsection 43A(3A) or

43AA(1).

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 19

Program content

(2) In determining, for the purposes of this section, whether the

program content of a commercial television broadcasting service

provided by a licensee in a licence area is the same, or substantially

the same, as the program content of another commercial television

broadcasting service:

(a) ignore the following:

(i) advertising or sponsorship material (whether or not of a

commercial kind);

(ii) a promotion for a television program or a television

broadcasting service;

(iii) community information material or community

promotional material;

(iv) a weather bulletin;

(v) any other similar material; and

(b) ignore a news program; and

jurisdiction in the licence area could result in the licensee:

(i)

committing

offence;

(ii) becoming liable to a civil penalty; or

(iii) breaching an order or direction of a court; or

(iv) being in contempt of court; and

(d) ignore a program broadcast in circumstances specified in the

regulations.

(3) In determining, for the purposes of:

(a) paragraph (1)(c); or

(b)

paragraph

(1)(f);

whether the program content of a commercial television

broadcasting service provided by a licensee in a licence area is the

same, or substantially the same, as the program content of another

commercial television broadcasting service, assume that a program

that provides coverage of an anti-siphoning event is the same as a

program that provides coverage of another anti-siphoning event.

(4) Subsection (3) does not limit subsection (2).

Schedule 1 Amendments

20 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

SDTV multi-channelled commercial television broadcasting

service

(5) For the purposes of subsection (1), assume that paragraph 5A(1)(d)

of Schedule 4 had not been enacted.

Definitions

(6) In this section:

HDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

metropolitan licence area means a licence area in which is situated

the General Post Office of the capital city of:

(a) New South Wales; or

(b)

Victoria;

(c)

Queensland;

(d) Western Australia; or

(e)

South

Australia;

but does not include the licence area of a commercial television

broadcasting licence allocated under section 38C.

related terrestrial licence area:

(a) in relation to a licence allocated under section 38C for the

South Eastern Australia TV3 licence area--means a licence

area mentioned in column 3 of item 1 of the table in

subsection 38C(1); or

(b) in relation to a licence allocated under section 38C for the

Northern Australia TV3 licence area--means a licence area

mentioned in column 3 of item 2 of the table in subsection

38C(1); or

Western Australia TV3 licence area--means a licence area

mentioned in column 3 of item 3 of the table in subsection

38C(1).

SDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

33 After section 41D

Insert:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 21

Division 3--Licence conditions

34 Paragraph 42(1)(a)

After "set out in", insert "Division 1 of".

35 After subsection 42(1)

Insert:

(1A) Each commercial television broadcasting licence allocated under

section 38C is also subject to the conditions set out in Division 2 of

Part 3 of Schedule 2.

36 Subsection 43A(2)

Omit "subsection (1)", substitute "this section".

37 Subsection 43A(3)

After "condition" (first occurring), insert "mentioned in subsection (1)".

38 After subsection 43A(3)

Insert:

(3A) If the licence area of a regional aggregated commercial television

broadcasting licence is wholly or partly included in the licence area

of a licence allocated under section 38C, the regional aggregated

commercial television broadcasting licence is subject to the

condition that the licensee of the regional aggregated commercial

television broadcasting licence must:

(a) provide to the section 38C licensee, for broadcast by the

section 38C licensee, any material of local significance

broadcast by the regional aggregated commercial television

broadcasting licensee in a local area; and

(b)

so:

(i) simultaneously with the broadcast of the material by the

regional aggregated commercial television broadcasting

licensee; or

(ii) as soon as practicable after the broadcast of the material

by the regional aggregated commercial television

broadcasting licensee.

Schedule 1 Amendments

22 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(3B) Material must be provided under subsection (3A) by transmitting it

in digital mode (within the meaning of Schedule 4).

(3C) For the purposes of subsection (3A), local area and material of

local significance have the same meanings as in the condition

mentioned in subsection (1).

39 Paragraphs 43A(4)(a), (b) and (c)

After "condition", insert "mentioned in subsection (1)".

40 At the end of subsection 43A(5)

Add "mentioned in subsection (1)".

41 After section 43A

Insert:

43AA Local news and information to be provided to section 38C

licensees by regional commercial television broadcasting

licensees

(1) A commercial television broadcasting licence for a regional licence

area is subject to the condition that, if:

(a) the licensee broadcasts a local news program, or a local

information program, in the licence area; and

(b) the licence area is wholly or partly included in the licence

area of a licence allocated under section 38C;

the licensee of the regional commercial television broadcasting

licence must:

program, as the case may be, to the licensee of the

section 38C licence for broadcast by the section 38C

licensee; and

(d)

so:

(i) simultaneously with the broadcast of the program by the

licensee of the regional commercial television

broadcasting licence; or

(ii) as soon as practicable after the broadcast of the program

by the licensee of the regional commercial television

broadcasting licence.

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 23

(2) A program must be provided under subsection (1) by transmitting

it in digital mode (within the meaning of Schedule 4).

(3) The condition set out in subsection (1) does not apply to a local

news program, or a local information program, broadcast by the

licensee of a regional aggregated commercial television

broadcasting licence if the program is material of local significance

for the purposes of the condition mentioned in subsection 43A(1).

(4) For the purposes of this section, local news program has the

meaning set out in a legislative instrument made by the ACMA.

(5) For the purposes of this section, local information program has

the meaning set out in a legislative instrument made by the ACMA.

(6) This section does not apply to a commercial television

broadcasting licence allocated under subsection 40(1).

(7) In this section:

metropolitan licence area means a licence area in which is situated

the General Post Office of the capital city of:

(a) New South Wales; or

(b)

Victoria;

(c)

Queensland;

(d) Western Australia; or

(e)

South

Australia;

but does not include the licence area of a commercial television

broadcasting licence allocated under section 38C.

regional aggregated commercial television broadcasting licence

has the meaning given by subsection 43A(2).

regional licence area means a licence area that is not a

metropolitan licence area, but does not include:

(a) the licence area of a commercial television broadcasting

licence allocated under section 38C; or

(b) a licence area specified in column 3 of the table in subsection

38C(1).

Schedule 1 Amendments

24 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

43AB Commercial television programs to be provided to section 38C

licensees by metropolitan commercial television

broadcasting licensees

Programs to be provided by metropolitan licensees

(1) A commercial television broadcasting licence for a metropolitan

licence area is subject to the condition that, if:

(a)

the

licensee

(the

metropolitan licensee) broadcasts a program

in a metropolitan licence area on either of the following

services (a metropolitan service):

(i) a HDTV multi-channelled commercial television

broadcasting service;

(ii) a SDTV multi-channelled commercial television

broadcasting service; and

(b) before the program is broadcast, a section 38C licensee

requests the metropolitan licensee to provide the section 38C

licensee with the programs broadcast on the metropolitan

service;

the metropolitan licensee must:

by the section 38C licensee; and

(d)

so:

(i) simultaneously with the broadcast of that program on

the metropolitan service; or

(ii) as soon as practicable after the broadcast of that

program on the metropolitan service.

HDTV digital mode or SDTV digital mode

(2) A program must be provided under subsection (1) by transmitting

it:

(a) if subparagraph (1)(a)(i) applies--in HDTV digital mode

(within the meaning of Schedule 4); or

(b) if subparagraph (1)(a)(ii) applies--in SDTV digital mode

(within the meaning of Schedule 4).

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 25

SDTV multi-channelled commercial television broadcasting

service

(3) For the purposes of subsection (1), assume that paragraph 5A(1)(d)

of Schedule 4 had not been enacted.

Definitions

(4) In this section:

HDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

metropolitan licence area means a licence area in which is situated

the General Post Office of the capital city of:

(a) New South Wales; or

(b)

Victoria;

(c)

Queensland;

(d) Western Australia; or

(e)

South

Australia;

but does not include the licence area of a commercial television

broadcasting licence allocated under section 38C.

SDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

section 38C licensee means the licensee of a commercial television

broadcasting licence allocated under section 38C.

43AC Commercial television programs to be provided to

section 38C licensees by remote terrestrial licensees

Scope

(1) This section applies if the licence area of a commercial television

broadcasting licence (the remote terrestrial licence) is a related

terrestrial licence area of a licence allocated under section 38C.

Programs to be provided by remote terrestrial licensees

(2) The remote terrestrial licence is subject to the condition that, if the

licensee broadcasts a program in the related terrestrial licence area

on either of the following services (a remote terrestrial service):

Schedule 1 Amendments

26 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(a) a HDTV multi-channelled commercial television

broadcasting service;

(b) a SDTV multi-channelled commercial television

broadcasting service;

the licensee of the remote terrestrial licence must:

by the section 38C licensee; and

(d)

so:

(i) simultaneously with the broadcast of that program on

the remote terrestrial service; or

(ii) as soon as practicable after the broadcast of that

program on the remote terrestrial service.

HDTV digital mode or SDTV digital mode

(3) A program must be provided under subsection (2) by transmitting

it:

(a) if paragraph (2)(a) applies--in HDTV digital mode (within

the meaning of Schedule 4); or

(b) if paragraph (2)(b) applies--in SDTV digital mode (within

the meaning of Schedule 4).

SDTV multi-channelled commercial television broadcasting

service

(4) For the purposes of subsection (2), assume that paragraph 5A(1)(d)

of Schedule 4 had not been enacted.

Definitions

(5) In this section:

HDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

related terrestrial licence area:

(a) in relation to a licence allocated under section 38C for the

South Eastern Australia TV3 licence area--means a licence

area mentioned in column 3 of item 1 of the table in

subsection 38C(1); or

(b) in relation to a licence allocated under section 38C for the

Northern Australia TV3 licence area--means a licence area

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 27

mentioned in column 3 of item 2 of the table in subsection

38C(1); or

Western Australia TV3 licence area--means a licence area

mentioned in column 3 of item 3 of the table in subsection

38C(1).

SDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

section 38C licensee means the licensee of a commercial television

broadcasting licence allocated under section 38C.

43AD Compensation for acquisition of property

(1) If the operation of:

(a) subsection 43A(3A); or

(b) section 43AA; or

(d)

section

43AC;

in relation to the provision of a program or material to the licensee

of a commercial television broadcasting licence would result in an

acquisition of property from a person otherwise than on just terms,

the licensee is liable to pay a reasonable amount of compensation

to the person.

(2) If the licensee and the person do not agree on the amount of the

compensation, the person may institute proceedings in a court of

competent jurisdiction for the recovery from the licensee of such

reasonable amount of compensation as the court determines.

(3) In this section:

acquisition of property has the same meaning as in paragraph

51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

42 After section 44

Insert:

Schedule 1 Amendments

28 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Division 4--General provisions

43 Section 45

Before "Subject to", insert "(1)".

44 Section 45

After "commercial television broadcasting licences", insert "(other than

commercial television broadcasting licences allocated under

section 38C)".

45 At the end of section 45

Add:

(2) A commercial television broadcasting licence allocated under

section 38C remains in force for 10 years.

(3) Subsection (2) has effect subject to:

(a) subsection 38C(15); and

(b)

Part

10.

46 Section 50A

After "allocated under", insert "section 38C or".

Note:

The heading to section 50A is altered by inserting "section 38C or" after "allocated

under".

47 Section 61AA (definition of core/primary commercial

television broadcasting service)

Repeal the definition.

48 Section 61AA (definition of primary commercial television

broadcasting service)

Repeal the definition.

49 Paragraph 95(1)(a)

Omit "a company that is formed in Australia or in an external

Territory", substitute "a company that is registered under Part 2A.2 of

the Corporations Act 2001".

50 Subsection 98D(2)

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 29

After "this Act", insert "(other than subsection 43A(3A), section 43AA,

section 43AB or section 43AC)".

51 Paragraphs 121FB(1)(a) and (2)(a)

Omit "a company that is formed in Australia or in an external

Territory", substitute "registered as a company under Part 2A.2 of the

Corporations Act 2001".

52 Paragraph 121FLC(1)(c)

Omit "a company that is formed in Australia or in an external

Territory", substitute "registered as a company under Part 2A.2 of the

Corporations Act 2001".

53 Paragraph 121FLG(1)(c)

Omit "a company that is formed in Australia or in an external

Territory", substitute "registered as a company under Part 2A.2 of the

Corporations Act 2001".

54 Subparagraph 121FLH(1)(c)(i)

Omit "a company that is formed in Australia or in an external

Territory", substitute "registered as a company under Part 2A.2 of the

Corporations Act 2001".

55 Subparagraph 121FLH(1)(c)(ii)

Omit "a company that is formed in Australia or in an external

Territory", substitute "a company that is registered under Part 2A.2 of

the Corporations Act 2001".

56 Paragraph 121FLH(2)(c)

Omit "a company that is formed in Australia or in an external

Territory", substitute "registered as a company under Part 2A.2 of the

Corporations Act 2001".

57 After paragraph 122(7)(a)

Insert:

(aa) the licence was not allocated under section 38C; and

58 After paragraph 122(8)(a)

Insert:

Schedule 1 Amendments

30 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(aa) the licence was not allocated under section 38C; and

59 After subsection 122(8)

Insert:

(8A)

If:

(a) a commercial television broadcasting licence is allocated

under section 38C; and

(b) the licensee provides a primary commercial television

broadcasting service in the licence area;

then, until the end of the last applicable terrestrial digital television

switch-over date for the licence area, standards under

subsection (1), in so far as they relate to programs for children, do

not apply to a commercial television broadcasting service provided

by the licensee unless that service is the primary commercial

television broadcasting service.

(8B)

If:

(a) a commercial television broadcasting licence is allocated

under section 38C; and

(b) the licensee provides a primary commercial television

broadcasting service in the licence area;

then, until the end of the last applicable terrestrial digital television

switch-over date for the licence area, standards under

subsection (1), in so far as they relate to Australian content of

programs, do not apply to a commercial television broadcasting

service provided by the licensee unless that service is the primary

commercial television broadcasting service.

60 Subsection 122(10)

Insert:

applicable terrestrial digital television switch-over date has the

same meaning as in clause 7H of Schedule 2.

61 Subsection 122(10)

Insert:

primary commercial television broadcasting service has the same

meaning as in Schedule 4.

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 31

62 After section 130AB

Insert:

130AC Technical standards for digital transmission of television

services provided with the use of a satellite

(1) The ACMA may, by legislative instrument, determine technical

standards that relate to the transmission in digital mode of either or

both of the following services:

(a) commercial television broadcasting services provided under a

licence allocated under section 38C;

(b) national television broadcasting services provided with the

use of a satellite.

Instruments

(2) Section 589 of the Telecommunications Act 1997 applies to

standards determined under subsection (1) of this section in a

corresponding way to the way in which it applies to an instrument

under that Act.

Compliance

(3) A national broadcaster must comply with a standard determined

under subsection (1).

Note:

For compliance by holders of commercial television broadcasting

licences, see paragraph 7A(1)(d) of Schedule 2.

Definitions

(4) In this section:

digital mode has the same meaning as in Schedule 4.

national television broadcasting service has the same meaning as

in Schedule 4.

63 At the end of Part 9A

Add:

Schedule 1 Amendments

32 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

130BB Technical standards for domestic digital reception

equipment--television services provided with the use of a

satellite

(1) The ACMA may, by legislative instrument, determine technical

standards that relate to domestic reception equipment that is

capable of receiving either or both of the following services

transmitted in digital mode:

(a) commercial television broadcasting services provided under a

licence allocated under section 38C;

(b) national television broadcasting services provided with the

use of a satellite.

Offence

(2) A person commits an offence if:

(a) the person supplies equipment; and

(b) the equipment is domestic reception equipment; and

following services transmitted in digital mode:

(i) commercial television broadcasting services provided

under a licence allocated under section 38C;

(ii) national television broadcasting services provided with

the use of a satellite; and

(d) the equipment does not comply with a standard determined

under subsection (1).

Penalty: 1,500 penalty units.

Civil penalty

(3) A person must not supply domestic reception equipment if:

(a) the equipment is capable of receiving either or both of the

following services transmitted in digital mode:

(i) commercial television broadcasting services provided

under a licence allocated under section 38C;

(ii) national television broadcasting services provided with

the use of a satellite; and

(b) the equipment does not comply with a standard determined

under subsection (1).

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 33

(4) Subsection (3) is a civil penalty provision.

Instruments

(5) Section 589 of the Telecommunications Act 1997 applies to

standards determined under subsection (1) of this section in a

corresponding way to the way in which it applies to an instrument

under that Act.

Reception of television services provided with the use of a satellite

(6) For the purposes of this section, it is immaterial whether domestic

reception equipment is capable of receiving either or both of the

following transmitted in digital mode:

(a) commercial television broadcasting services provided under a

licence allocated under section 38C;

(b) national television broadcasting services provided with the

use of a satellite;

when used:

(d) in conjunction with any other equipment.

Exemptions

(7) The ACMA may, by legislative instrument, exempt specified

domestic reception equipment from subsections (2) and (3).

Note:

For specification by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

Definitions

(8) In this section:

digital mode has the same meaning as in Schedule 4.

national television broadcasting service has the same meaning as

in Schedule 4.

supply has the same meaning as in the Trade Practices Act 1974.

64 After Part 9B

Insert:

Schedule 1 Amendments

34 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Part 9C--Access to commercial television

broadcasting services provided with the use

of a satellite

130ZBA Simplified outline

The following is a simplified outline of this Part:

�

A conditional access scheme is a scheme that sets out rules

relating to access to services provided under a commercial

television broadcasting licence allocated under section 38C.

�

The ACMA may register a conditional access scheme

developed by a body or association that represents commercial

television broadcasting licensees.

�

If no conditional access scheme is developed by a body or

association that represents commercial television broadcasting

licensees, the ACMA may formulate and register a conditional

access scheme.

Note:

Under paragraph 7A(1)(c) of Schedule 2, it is a condition of a licence

allocated under section 38C that the licensee will ensure that any

conditional access system relating to the services provided under the

licence will comply with any conditional access scheme registered

under this Part.

130ZB Objectives of conditional access scheme

Scope

(1) This section applies to a commercial television broadcasting

licence allocated under section 38C.

Objectives

(2) A conditional access scheme for the section 38C licence area must

be directed towards the achievement of the objectives set out in

this section.

(3) The first objective is that:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 35

(a) the scheme should specify the related terrestrial licence areas

as areas that are taken to be areas (category A reception

areas) in which people are unable to receive adequate

reception of all of the applicable terrestrial digital

commercial television broadcasting services; and

(b) if a terrestrial licensee for a related terrestrial licence area is

authorised, under paragraph 7(2A)(d) of Schedule 2, to

provide a commercial television broadcasting service outside

the related terrestrial licence area to one or more persons who

are in the section 38C licence area--the scheme should

provide that those persons are taken in to be in a category A

reception area.

(4) The second objective is that the scheme should:

(a) specify one or more areas included in the section 38C licence

area; or

(b) specify a method for ascertaining one or more areas included

in the section 38C licence area;

that are taken to be areas (category B reception areas) in which

people are unable to receive adequate reception of all of the

applicable terrestrial digital commercial television broadcasting

services.

(5) The third objective is that a conditional access system that relates

to any of the commercial television broadcasting services provided

under the section 38C licence must enable persons in:

(a) a category A reception area; or

(b) a category B reception area;

to receive those commercial television broadcasting services.

(6) Subsection (5) has effect subject to subsections (14) and (15).

(7) The fourth objective is that the scheme should provide that so

much of the section 38C licence area as is neither:

(a) a category A reception area; nor

(b) a category B reception area;

is a category C reception area.

(8) The fifth objective is that the scheme must:

(a) if the scheme is developed by a body or association that the

ACMA is satisfied represents commercial television

broadcasting licensees--identify a company; or

Schedule 1 Amendments

36 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(b) if the scheme is formulated by the ACMA--identify the

ACMA;

as the scheme administrator for the scheme.

(9) The sixth objective is that the scheme must authorise the scheme

administrator to issue a certificate (a reception certificate) to a

person in a category C reception area stating that the person is

unable to receive adequate reception of all of the applicable

terrestrial digital commercial television broadcasting services.

(10) The seventh objective is that a conditional access system that

relates to any of the commercial television broadcasting services

provided under the section 38C licence must enable a person who:

(a) is in a category C reception area; and

(b) holds a reception certificate;

to receive those commercial television broadcasting services.

(11) Subsection (10) has effect subject to subsections (14) and (15).

(12) The eighth objective is that, if an application for a reception

certificate is made in accordance with the scheme, the application

must:

(a) be dealt with by the scheme administrator within 14 days

after receiving the application; and

(b) be accepted, and dealt with, without requiring:

(i) the payment of a fee by the applicant; or

(ii) the applicant to incur any expenses (other than the

expense of filling in the application and sending it to the

scheme administrator).

(13) The ninth objective is that the scheme must authorise the scheme

administrator to revoke a reception certificate issued to a person if

the person is no longer eligible for the reception certificate.

(14) The tenth objective is that, if persons are:

(a) in a local market area; and

(b) not in a category A reception area;

a conditional access system that relates to any of the commercial

television broadcasting services provided under the section 38C

licence must not enable those persons to receive those commercial

television broadcasting services earlier than 6 months before the

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 37

time when the local market area becomes a digital-only local

market area.

(15) The 11th objective is that, if persons are:

(a) in a simulcast area; and

(b) not in a local market area; and

a conditional access system that relates to any of the commercial

television broadcasting services provided under the section 38C

licence must not enable those persons to receive those commercial

television broadcasting services earlier than 6 months before the

end of the simulcast period for the simulcast area.

(16) In this section:

digital-only local market area has the same meaning as in

Schedule 4.

local market area has the same meaning as in Schedule 4.

related terrestrial licence area:

(a) in relation to a licence allocated under section 38C for the

South Eastern Australia TV3 licence area--means a

terrestrial licence area mentioned in column 3 of item 1 of the

table in subsection 38C(1); or

(b) in relation to a licence allocated under section 38C for the

Northern Australia TV3 licence area--means a terrestrial

licence area mentioned in column 3 of item 2 of the table in

subsection 38C(1); or

Western Australia TV3 licence area--means a terrestrial

licence area mentioned in column 3 of item 3 of the table in

subsection 38C(1).

simulcast area means an area covered by paragraph 6(3)(c) of

Schedule 4.

simulcast period has the same meaning as in Schedule 4.

Note 1:

For adequate reception, see section 130ZFA.

Note 2:

For applicable terrestrial digital commercial television broadcasting

services, see section 130ZG.

Schedule 1 Amendments

38 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

terrestrial licence means a commercial television broadcasting

licence other than a commercial television broadcasting licence

allocated under section 38C or subsection 40(1).

terrestrial licence area means the licence area of a terrestrial

licence.

130ZC Registration of conditional access scheme developed by

representative body or association

Scope

(1) This section applies if:

(a) the ACMA is satisfied that a body or association represents

commercial television broadcasting licensees; and

(b) that body or association develops a conditional access

scheme (the new scheme) for the licence area of a

commercial television broadcasting licence allocated under

section 38C; and

ACMA; and

(d)

either:

(i) the body or association gives the copy of the new

scheme to the ACMA within 45 days after the first or

only occasion on which a licence for the licence area is

allocated under section 38C; or

(ii) the new scheme is expressed to replace another

conditional access scheme registered under this section;

and

(e) the ACMA is satisfied that the new scheme is consistent with

the principle that a person in the licence area should have

adequate reception of:

(i) all of the applicable terrestrial digital commercial

television broadcasting services; or

(ii) all of the commercial television broadcasting services

that the section 38C licensee is required to provide

under clauses 7B and 7C of Schedule 2.

Note:

This section may cease to apply to a licence area--see subsection

130ZCA(7).

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 39

Registration

(2) The ACMA must:

(a) register the new scheme by including it in the register under

section 130ZE; and

(b) do so within 28 days after the copy of the new scheme is

given to the ACMA.

130ZCA Registration of conditional access scheme formulated by

the ACMA

Scope

(1) This section applies if:

(a) a commercial television broadcasting licence is allocated

under section 38C for a particular licence area; and

(b) that is the first or only occasion on which a commercial

television broadcasting licence is allocated under section 38C

for the licence area; and

licence area has been registered, or is required to be

registered, under section 130ZC.

Scheme

(2) The ACMA may, by legislative instrument, formulate a conditional

access scheme for the licence area.

(3) The ACMA must not formulate a conditional access scheme unless

the ACMA is satisfied that the scheme is consistent with the

principle that a person in the licence area should have adequate

reception of:

(a) all of the applicable terrestrial digital commercial television

broadcasting services; or

(b) all of the commercial television broadcasting services that the

section 38C licensee is required to provide under clauses 7B

and 7C of Schedule 2.

Registration

(4) The ACMA must register a scheme formulated under

subsection (2) by including it in the register under section 130ZE.

Schedule 1 Amendments

40 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Consultation

(5) Before registering a conditional access scheme formulated under

subsection (2), the ACMA must:

(a) publish on its website:

(i) a draft of the scheme; and

(ii) a notice inviting interested persons to give written

submissions about the draft to the ACMA within the

period specified in the notice; and

(b) if any submissions are given to the ACMA within that

period--have due regard to those submissions in formulating

the scheme.

(6) The period specified under subparagraph (5)(a)(ii) must not be

shorter than 14 days.

Section 130ZC ceases to apply to the licence area

(7) Section 130ZC ceases to apply to the licence area.

130ZD Replacement of conditional access scheme

(1) Changes to a conditional access scheme are to be achieved by

replacing the scheme instead of varying the scheme.

(2)

If:

(a) the replacement scheme is formulated by the ACMA; and

(b) the replacement scheme differs in only minor respects from

the original scheme;

section 130ZCA has effect, in relation to the registration of the

scheme, as if subsections 130ZCA(5) and (6) had not been enacted.

Note:

Subsections 130ZCA(5) and (6) deal with submissions about a draft

scheme formulated by the ACMA.

(3)

If:

(a) a conditional access scheme is registered under this Part; and

(b) the scheme is expressed to replace another conditional access

scheme;

the other conditional access scheme ceases to be registered under

this Part when the replacement scheme is registered.

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 41

(4) The replacement of a conditional access scheme does not affect the

continuity of a reception certificate issued under the scheme.

130ZE ACMA to maintain register of conditional access schemes

(1) The ACMA is to maintain a Register in which the ACMA includes

any conditional access schemes required to be registered under

section 130ZC or 130ZCA.

(2) The Register is to be maintained by electronic means.

(3) The Register is to be made available for inspection on the ACMA's

website.

(4) The Register is not a legislative instrument.

130ZF ACMA may direct a scheme administrator to issue a

reception certificate etc.

Scope

(1) This section applies if:

(a) a conditional access scheme is registered under

section 130ZC; and

(b) a person is in a category C reception area (within the

meaning of the scheme); and

reception of all of the applicable terrestrial digital

commercial television broadcasting services.

Note: For

applicable terrestrial digital commercial television broadcasting

services, see section 130ZG.

Investigation of complaint

(2) The person may make a complaint to the ACMA about the matter,

so long as:

(a) the following conditions are satisfied:

(i) the person has previously made an application under the

scheme for a reception certificate;

(ii) the application was made in accordance with the

scheme;

Schedule 1 Amendments

42 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(iii) the scheme administrator refused to issue the reception

certificate; or

(b) the following conditions are satisfied:

(i) the person has previously held a reception certificate

under the scheme;

(ii) the scheme administrator revoked the reception

certificate; or

(i) the person has previously made an application under the

scheme for a reception certificate;

(ii) the application was made in accordance with the

scheme;

(iii) the scheme administrator did not deal with the

application within 14 days after receiving the

application.

(3) The ACMA must investigate the complaint in a manner determined

by the ACMA.

(4) However, the ACMA need not investigate the complaint if it is

satisfied that the complaint:

(a) is frivolous or vexatious; or

(b) was not made in good faith.

Direction to issue reception certificate

(5)

If:

(a) the person makes a complaint under paragraph (2)(a) or (b);

and

(b) having investigated the complaint, the ACMA is satisfied that

the person does not have adequate reception of all of the

applicable terrestrial digital commercial television

broadcasting services;

the ACMA may, by written notice given to the scheme

administrator, direct the scheme administrator to issue a reception

certificate to the person within a specified period.

(6) The specified period must not be longer than 28 days.

(7) In deciding whether to give a direction under subsection (5), it is to

be presumed that the person does not have adequate reception of

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 43

all of the applicable terrestrial digital commercial television

broadcasting services, unless the scheme administrator satisfies the

ACMA that the person has adequate reception of all of those

services.

Consultation

(8) Before giving a direction under subsection (5), the ACMA must,

by written notice given to the scheme administrator:

(a) invite the scheme administrator to make a submission to the

ACMA, within the time limit specified in the notice, about

the question of whether the person has adequate reception of

all of the applicable terrestrial digital commercial television

broadcasting services; and

(b) have regard to any submission received within that time

limit.

(9) The time limit must not be longer than 28 days.

Compliance with direction

(10) The scheme administrator must comply with a direction under

subsection (5).

(11) If the scheme administrator does not comply with a direction under

subsection (5), then:

(a) this Act; and

(b) the conditional access scheme;

have effect as if, at the end of the last day for compliance, the

scheme administrator had issued a reception certificate to the

person.

Determination that reception certificate is taken to have been

issued to complainant

(12) If the person makes a complaint under paragraph (2)(c), the

ACMA may determine that:

(a) this Act; and

(b) the conditional access scheme;

have effect as if the scheme administrator had issued a reception

certificate to the person.

Schedule 1 Amendments

44 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Revocation of reception certificate taken to have been issued

(13) This Act does not prevent the subsequent revocation of a reception

certificate that is taken to have been issued under subsection (11)

or (12).

Notification of results of investigation

(14)

If:

(a) the person makes a complaint under subsection (2); and

(b) the ACMA investigates the complaint;

the ACMA must notify the person of the results of the

investigation.

130ZFA Adequate reception

The ACMA may, by legislative instrument, determine that, for the

purposes of this Part, adequate reception has the meaning

ascertained in accordance with the determination.

130ZG Applicable terrestrial digital commercial television

broadcasting services

Scope

(1) This section applies if a person is in the licence area of a

commercial television broadcasting licence.

Applicable terrestrial digital commercial television broadcasting

services

(2) For the purposes of the application of this Part to the person, a

service is an applicable terrestrial digital commercial television

broadcasting service if it is a commercial television broadcasting

service that is:

(a) provided by a commercial television broadcasting licensee in

the licence area; and

(b) transmitted in digital mode.

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 45

Exemptions

(3) This section does not apply to a commercial television

broadcasting licence allocated under section 38C or subsection

40(1).

Definitions

(4) In this section:

digital mode has the same meaning as in Schedule 4.

65 Section 204

Before "Subject to", insert "(1)".

Note:

The following heading to subsection 204(1) is inserted "Decisions under this Act".

66 Section 204 (after table item dealing with section 38B)

Insert:

Refusal to allocate

licence

Section 38C

The applicant

Cancellation of licence

Section 38C

The licensee

67 At the end of section 204

Add:

Decisions under a conditional access scheme registered under

section 130ZCA

(2) An application may be made to the Administrative Appeals

Tribunal for review of a decision set out in column 1 of the table,

but such an application may only be made by the person described

in column 2.

Reviewable decisions

Column 1

Column 2

Item

Decision

Person who may apply

Refusal to issue a reception

certificate under a conditional access

scheme registered under

section 130ZCA

The applicant

Schedule 1 Amendments

46 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Reviewable decisions

Column 1

Column 2

Item

Decision

Person who may apply

Revocation of a reception certificate

under a conditional access scheme

registered under section 130ZCA

The holder of the reception

certificate

68 After section 211

Insert:

211A Time when a television program is broadcast--South Eastern

Australia TV3 and Northern Australia TV3 licence areas

Nomination of place--South Eastern Australia TV3 licence area

(1) The licensee of a commercial television broadcasting licence

allocated under section 38C for the South Eastern Australia TV3

licence area may, by written notice given to the ACMA, nominate

either or both of the following:

(a) a specified place in:

(i) the South Eastern Australia TV3 licence area; or

(ii) the Northern Australia TV3 licence area;

for the purposes of the HDTV multi-channelled commercial

television broadcasting services provided under the licence;

(b) a specified place in the South Eastern Australia TV3 licence

area for the purposes of the SDTV multi-channelled

commercial television broadcasting services provided under

the licence.

(2) The nomination must be expressed to be a nomination under

subsection (1).

Nomination of place--Northern Australia TV3 licence area

(3) The licensee of a commercial television broadcasting licence

allocated under section 38C for the Northern Australia TV3 licence

area may, by written notice given to the ACMA, nominate either or

both of the following:

(a) a specified place in:

(i) the Northern Australia TV3 licence area; or

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 47

(ii) the South Eastern Australia TV3 licence area;

for the purposes of the HDTV multi-channelled commercial

television broadcasting services provided under the licence;

(b) a specified place in the Northern Australia TV3 licence area

for the purposes of the SDTV multi-channelled commercial

television broadcasting services provided under the licence.

(4) The nomination must be expressed to be a nomination under

subsection (3).

Withdrawal of nomination

(5) If a nomination is in force under subsection (1) or (3), the licensee

may, by written notice given to the ACMA, withdraw the

nomination.

(6) The withdrawal of a nomination does not prevent the licensee from

making a fresh nomination under subsection (1) or (3).

Time when a program is broadcast

(7) If a nomination of a place is in force under paragraph (1)(a) or

(3)(a) for the purposes of the HDTV multi-channelled commercial

television broadcasting services provided under a licence, then:

(a) this Act; and

(b) any program standards; and

(d) any codes of practice registered under section 123;

have effect, in relation to any programs broadcast on those

services, as if those programs had been broadcast in all parts of the

licence area at the time that is legal time in the nominated place.

(8) If a nomination of a place is in force under paragraph (1)(b) or

(3)(b) for the purposes of the SDTV multi-channelled commercial

television broadcasting services provided under a licence, then:

(a) this Act; and

(b) any program standards; and

(d) any codes of practice registered under section 123;

have effect, in relation to any programs broadcast on those

services, as if those programs had been broadcast in all parts of the

licence area at the time that is legal time in the nominated place.

Schedule 1 Amendments

48 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Definitions

(9) In this section:

HDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

SDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

69 Before clause 7 of Schedule 2

Insert:

Division 1--General

70 Paragraph 7(1)(c) of Schedule 2

After "allocated under", insert "section 38C or".

71 Paragraphs 7(2)(a) and (c) of Schedule 2

After "allocated under", insert "section 38C or".

72 At the end of Part 3 of Schedule 2

Add:

Division 2--Licences allocated under section 38C

7A Common conditions

(1) A licence allocated under section 38C is subject to the following

conditions:

(a) the licensee may only provide commercial television

broadcasting services in digital mode (within the meaning of

Schedule 4);

(b) the licensee may only provide commercial television

broadcasting services with the use of a satellite;

registered under Part 9C--the licensee will ensure that any

conditional access system that relates to any of the

commercial television broadcasting services provided under

the licence complies with the scheme;

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 49

(d) the licensee will comply with any standards under

section 130AC (which deals with technical standards for

digital transmission).

(2) Paragraphs 7(1)(i) and (oa) of this Schedule do not apply to a

licence allocated under section 38C.

7B Conditions about the provision of core/primary commercial

television broadcasting services

Conditions about the provision of core/primary services

(1) A licence allocated under section 38C is subject to the condition

that, if there are at least 3 commercial television broadcasting

services (the related terrestrial core/primary services), where each

of the services:

(a) is provided by a terrestrial licensee in a related terrestrial

licence area; and

(b) is a core/primary commercial television broadcasting service;

and

the section 38C licensee will provide at least 3 commercial

television broadcasting services, where:

(d) the program content of each of the services is the same, or

substantially the same, as the program content of a related

terrestrial core/primary service; and

(e) each of the services is distinct from each of the other

services.

(2) A licence allocated under section 38C is subject to the condition

that, if there are only 2 commercial television broadcasting services

(the related terrestrial core/primary services), where each of the

services:

(a) is provided by a terrestrial licensee in a related terrestrial

licence area; and

(b) is a core/primary commercial television broadcasting service;

and

the section 38C licensee will provide:

(d) 2 commercial television broadcasting services, where:

Schedule 1 Amendments

50 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(i) the program content of each of the services is the same,

or substantially the same, as the program content of a

related terrestrial core/primary service; and

(ii) the services are distinct from one another; and

(e) one commercial television broadcasting service, where:

(i) the program content of the service is the same, or

substantially the same, as the program content of a

core/primary commercial television broadcasting

service provided by a terrestrial licensee in a

metropolitan licence area; and

(ii) the service is distinct from each of the services required

to be provided by paragraph (d).

(3) A licence allocated under section 38C is subject to the condition

that, if:

(a) neither subclause (1) nor subclause (2) applies; and

(b) there is a commercial television broadcasting service (the

related terrestrial core/primary service), where:

(i) the service is provided by a terrestrial licensee in a

related terrestrial licence area; and

(ii) the service is a core/primary commercial television

broadcasting service;

the section 38C licensee will provide:

program content that is the same, or substantially the same,

as the program content of the related terrestrial core/primary

service; and

(d) 2 commercial television broadcasting services, where:

(i) the program content of each of the services is the same,

or substantially the same, as the program content of a

core/primary commercial television broadcasting

service provided by a terrestrial licensee in a

metropolitan licence area; and

(ii) the services are distinct from each other and from the

service required to be provided by paragraph (d).

Services not required before start date

(4) Subclauses (1), (2) and (3) do not require a licensee to provide a

service before the start date for the licence area.

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 51

Note: For

start date, see clause 7H.

Exemption--cessation of related terrestrial core/primary service

(5)

If:

(a) in compliance with subclause (1), the licensee of a licence

allocated under section 38C provides a commercial television

broadcasting service that has the same, or substantially the

same, program content as a core/primary commercial

television broadcasting service provided by a terrestrial

licensee in a related terrestrial licence area; and

(b) the core/primary commercial television broadcasting service

ceases to be provided by the terrestrial licensee in the related

terrestrial licence area; and

applies to the section 38C licensee;

subclause (2) has effect in relation to the section 38C licensee,

while the cessation continues, as if paragraph (2)(e) had not been

enacted.

(6)

If:

(a) in compliance with subclause (2), the licensee of a licence

allocated under section 38C provides a commercial television

broadcasting service that has the same, or substantially the

same, program content as a core/primary commercial

television broadcasting service provided by a terrestrial

licensee in a related terrestrial licence area; and

(b) the core/primary commercial television broadcasting service

ceases to be provided by the terrestrial licensee in the related

terrestrial licence area; and

applies to the section 38C licensee;

then, while the cessation continues:

(d) subclause (3) has effect in relation to the section 38C licensee

as if paragraph (3)(d) had not been enacted; and

(e) the section 38C licence is subject to the condition that the

section 38C licensee will provide one commercial television

broadcasting service, where:

(i) the program content of the service is the same, or

substantially the same, as the program content of a

core/primary commercial television broadcasting

Schedule 1 Amendments

52 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

service provided by a terrestrial licensee in a

metropolitan licence area; and

(ii) the service is distinct from the service required to be

provided by paragraph (3)(c).

Distinct services

(7) For the purposes of this clause, a commercial television

broadcasting service is distinct from another commercial television

broadcasting service if, and only if, the program content of the

services is not the same or substantially the same.

Note: For

metropolitan licence area, related terrestrial licence area and

terrestrial licence, see clause 7L.

7C Conditions about the provision of non-core/primary commercial

television broadcasting services

HDTV multi-channelled commercial television broadcasting

services

(1) A licence allocated under section 38C is subject to the condition

that, if:

(a) the licensee of a terrestrial licence for a metropolitan licence

area provides a HDTV multi-channelled commercial

television broadcasting service (the metropolitan service) in

the metropolitan licence area; and

(b) the licensee of a terrestrial licence for a related terrestrial

licence area provides a HDTV multi-channelled commercial

television broadcasting service (the related terrestrial

service) in the related terrestrial licence area; and

the same, program content as the metropolitan service;

the section 38C licensee will provide a HDTV multi-channelled

commercial television broadcasting service that has the same, or

substantially the same, program content as the related terrestrial

service.

(2) A licence allocated under section 38C is subject to the condition

that, if:

(a) the licensee of a terrestrial licence for a metropolitan licence

area provides a HDTV multi-channelled commercial

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 53

television broadcasting service (the metropolitan service) in

the metropolitan licence area; and

(b) there is no HDTV multi-channelled commercial television

broadcasting service that:

(i) is provided by the licensee of a terrestrial licence for a

related terrestrial licence area; and

(ii) has the same, or substantially the same, program content

as the metropolitan service;

the section 38C licensee will provide a HDTV multi-channelled

commercial television broadcasting service that has the same, or

substantially the same, program content as the metropolitan

service.

(3) Subclauses (1) and (2) do not require a licensee to provide a

service before the start date for the licence area.

Note: For

start date, see clause 7H.

(4) Subclause (2) does not apply to a HDTV multi-channelled

commercial television broadcasting service that a commercial

television broadcasting licensee for a metropolitan licence area

commences to provide after the end of the simulcast period for the

metropolitan licence area.

(5)

If:

(a) the licensee of a commercial television broadcasting licence

for a metropolitan licence area provides a HDTV

multi-channelled commercial television broadcasting service

(the metropolitan service) in the metropolitan licence area;

and

(b) the licensee of a terrestrial licence for a related terrestrial

licence area provides a HDTV multi-channelled commercial

television broadcasting service (the related terrestrial

service) in the related terrestrial licence area; and

the same, program content as the metropolitan service; and

(d) in compliance with subclause (1), the licensee of a licence

allocated under section 38C provides a HDTV

multi-channelled commercial television broadcasting service

that has the same, or substantially the same, program content

as the related terrestrial service; and

Schedule 1 Amendments

54 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(e) the related terrestrial service ceases to be provided by the

terrestrial licensee in the related terrestrial licence area;

subclause (2) does not apply to the section 38C licensee in relation

to the metropolitan service while the cessation continues.

SDTV multi-channelled commercial television broadcasting

services

(6) A licence allocated under section 38C is subject to the condition

that, if:

(a)

the

licensee

(the

metropolitan licensee) of a commercial

television broadcasting licence for a metropolitan licence

area provides a SDTV multi-channelled commercial

television broadcasting service (the metropolitan service) in

the metropolitan licence area; and

(b) the metropolitan service is not the core/primary commercial

television broadcasting service provided by the metropolitan

licensee; and

licence area provides a SDTV multi-channelled commercial

television broadcasting service (the related terrestrial

service) in the related terrestrial licence area; and

(d) the related terrestrial service has the same, or substantially

the same, program content as the metropolitan service;

the section 38C licensee will provide a SDTV multi-channelled

commercial television broadcasting service that has the same, or

substantially the same, program content as the related terrestrial

service.

(7) A licence allocated under section 38C is subject to the condition

that, if:

(a)

the

licensee

(the

metropolitan licensee) of a commercial

television broadcasting licence for a metropolitan licence

area provides a SDTV multi-channelled commercial

television broadcasting service (the metropolitan service) in

the metropolitan licence area; and

(b) the metropolitan service is not the core/primary commercial

television broadcasting service provided by the metropolitan

licensee; and

broadcasting service that:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 55

(i) is provided by the licensee of a terrestrial licence for a

related terrestrial licence area; and

(ii) has the same, or substantially the same, program content

as the metropolitan service;

the section 38C licensee will provide a SDTV multi-channelled

commercial television broadcasting service that has the same, or

substantially the same, program content as the metropolitan

service.

(8) Subclauses (6) and (7) do not require a licensee to provide a

service before the start date for the licence area.

Note: For

start date, see clause 7H.

(9) Subclause (7) does not apply to a SDTV multi-channelled

commercial television broadcasting service that a commercial

television broadcasting licensee for a metropolitan licence area

commences to provide after the end of the simulcast period for the

metropolitan licence area.

(10)

If:

(a)

the

licensee

(the

metropolitan licensee) of a commercial

television broadcasting licence for a metropolitan licence

area provides a SDTV multi-channelled commercial

television broadcasting service (the metropolitan service) in

the metropolitan licence area; and

(b) the metropolitan service is not the core/primary commercial

television broadcasting service provided by the metropolitan

licensee; and

licence area provides a SDTV multi-channelled commercial

television broadcasting service (the related terrestrial

service) in the related terrestrial licence area; and

(d) the related terrestrial service has the same, or substantially

the same, program content as the metropolitan service; and

(e) in compliance with subclause (6), the licensee of a licence

allocated under section 38C provides a SDTV

multi-channelled commercial television broadcasting service

that has the same, or substantially the same, program content

as the related terrestrial service; and

(f) the related terrestrial service ceases to be provided by the

terrestrial licensee in the related terrestrial licence area;

Schedule 1 Amendments

56 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

subclause (7) does not apply to the section 38C licensee in relation

to the metropolitan service while the cessation continues.

Note: For

metropolitan licence area, related terrestrial licence area and

terrestrial licence, see clause 7L.

7D Condition about the provision of local news services

A licence allocated under section 38C is subject to the condition

that, if a program or material is provided, or required to be

provided, to the licensee by another licensee under:

(a) subsection 43A(3A); or

(b)

subsection

43AA(1);

the section 38C licensee will broadcast the program or material on

a service authorised by paragraph 41CA(1)(c), (f) or (g) as soon as

practicable after the other licensee begins to broadcast the program

or material, unless the section 38C licensee has previously

broadcast the program or material on such a service.

7E Exemption--provision of new commercial television

broadcasting services not technically feasible

If:

(a) a licence is allocated under section 38C; and

(b) after the start date for the licence area of the section 38C

licence, a commercial television broadcasting licensee (the

terrestrial licensee) for a terrestrial licence area commences

to provide, or proposes to commence to provide:

(i) a HDTV multi-channelled commercial television

broadcasting service; or

(ii) a SDTV multi-channelled commercial television

broadcasting service that is not the core/primary

commercial television broadcasting service provided by

the terrestrial licensee; and

is, or will be, required to provide:

(i) if subparagraph (b)(i) applies--a HDTV

multi-channelled commercial television broadcasting

service the program content of which is the same, or

substantially the same, as the service provided by the

terrestrial licensee; or

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 57

(ii) if subparagraph (b)(ii) applies--a SDTV

multi-channelled commercial television broadcasting

service the program content of which is the same, or

substantially the same, as the service provided by the

terrestrial licensee; and

(d) the ACMA considers that it is not technically feasible for the

licensee of the section 38C licence to provide the required

service;

the ACMA may, by legislative instrument, determine that

clause 7C does not oblige the section 38C licensee to provide the

required service.

Note 1:

For start date, see clause 7G.

Note 2:

For terrestrial licence area, see clause 7L.

7F Exemption--commercial television broadcasting services with

the same program content

(1)

If:

(a) a commercial television broadcasting licensee (the terrestrial

licensee) for a terrestrial licence area provides, or proposes to

commence to provide:

(i) a HDTV multi-channelled commercial television

broadcasting service; or

(ii) a SDTV multi-channelled commercial television

broadcasting service that is not the core/primary

commercial television broadcasting service provided by

the terrestrial licensee; and

(b) the program content of the service provided, or to be

provided, by the terrestrial licensee is, or will be:

(i) the same; or

(ii) substantially the same;

as the program content of another commercial television

broadcasting service provided, or to be provided, by the

terrestrial licensee; and

licence is, or will be, required to provide:

(i) if subparagraph (a)(i) applies--a HDTV

multi-channelled commercial television broadcasting

service the program content of which is the same, or

Schedule 1 Amendments

58 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

substantially the same, as the service provided by the

terrestrial licensee; or

(ii) if subparagraph (a)(ii) applies--a SDTV

multi-channelled commercial television broadcasting

service the program content of which is the same, or

substantially the same, as the service provided by the

terrestrial licensee;

the Minister may, by legislative instrument, determine that

clause 7C does not oblige the section 38C licensee to provide the

required service during a period specified in the determination.

(2) The specified period must not be longer than 2 years.

(3) The Minister may, by legislative instrument, extend or further

extend the specified period.

(4)

Before

making:

(a) a determination under subclause (1); or

(b) an instrument under subclause (3);

the Minister must consult:

(d)

the

ACMA.

Note: For

terrestrial licence area, see clause 7L.

7G Delay in commencement of new commercial television

broadcasting services

For the purposes of this Division, if:

(a) a licence is allocated under section 38C; and

(b) after the start date for the licence area of the section 38C

licence, a commercial television broadcasting licensee (the

terrestrial licensee) for a terrestrial licence area commences

to provide:

(i) a HDTV multi-channelled commercial television

broadcasting service; or

(ii) a SDTV multi-channelled commercial television

broadcasting service that is not the core/primary

commercial television broadcasting service provided by

the terrestrial licensee; and

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 59

(i) if subparagraph (b)(i) applies--a HDTV

multi-channelled commercial television broadcasting

service the program content of which is the same, or

substantially the same, as the service provided by the

terrestrial licensee; or

(ii) if subparagraph (b)(ii) applies--a SDTV

multi-channelled commercial television broadcasting

service the program content of which is the same, or

substantially the same, as the service provided by the

terrestrial licensee; and

(d) there is a delay in the provision of the required service;

disregard the delay so long as the delay is as short as is practicable.

Note 1:

For start date, see clause 7H.

Note 2:

For terrestrial licence area, see clause 7L.

7H Start dates for licence areas

Start date

(1) The ACMA may, by legislative instrument, declare that, for the

purposes of this Division, a specified day is the start date for the

South Eastern Australia TV3 licence area.

(2) The start date for the South Eastern Australia TV3 licence area

must not be later than 90 days after the first or only occasion on

which a licence for the licence area is allocated under section 38C.

(3) The ACMA may, by legislative instrument, declare that, for the

purposes of this Division, a specified day is the start date for the

Northern Australia TV3 licence area.

(4) The ACMA may, by legislative instrument, declare that, for the

purposes of this Division, a specified day is the start date for the

Western Australia TV3 licence area.

(5) The start date for:

(a) the Northern Australia TV3 licence area; or

(b) the Western Australia TV3 licence area;

must not be later than 3 months before the end of the earliest

applicable terrestrial digital television switch-over date for the

licence area.

Schedule 1 Amendments

60 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Applicable terrestrial digital television switch-over date--Northern

Australia TV3 licence area

(6) For the purposes of this clause, if:

(a) the licence area of a terrestrial licence is included in the

Northern Australia TV3 licence area; and

(b) there is a simulcast period for the terrestrial licence area; and

area;

the last day of the simulcast period for the terrestrial licence area is

an applicable terrestrial digital television switch-over date for the

Northern Australia TV3 licence area.

(7) For the purposes of this clause, if:

(a) the licence area of a terrestrial licence is included in the

Northern Australia TV3 licence area; and

(b) there is a simulcast period for the terrestrial licence area; and

the day on which the local market area becomes a digital-only local

market area is an applicable terrestrial digital television

switch-over date for the Northern Australia TV3 licence area.

Applicable terrestrial digital television switch-over date--Western

Australia TV3 licence area

(8) For the purposes of this clause, if:

(a) the licence area of a terrestrial licence is included in the

Western Australia TV3 licence area; and

(b) there is a simulcast period for the terrestrial licence area; and

area;

the last day of the simulcast period for the terrestrial licence area is

an applicable terrestrial digital television switch-over date for the

Western Australia TV3 licence area.

(9) For the purposes of this clause, if:

(a) the licence area of a terrestrial licence is included in the

Western Australia TV3 licence area; and

(b) there is a simulcast period for the terrestrial licence area; and

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 61

the day on which the local market area becomes a digital-only local

market area is an applicable terrestrial digital television

switch-over date for the Western Australia TV3 licence area.

7J Program content

(1) In determining, for the purposes of this Division, whether the

program content of a commercial television broadcasting service

provided by a licensee in a licence area is the same, or substantially

the same, as the program content of another commercial television

broadcasting service:

(a) ignore the following:

(i) advertising or sponsorship material (whether or not of a

commercial kind);

(ii) a promotion for a television program or a television

broadcasting service;

(iii) community information material or community

promotional material;

(iv) a weather bulletin;

(v) any other similar material; and

(b) ignore a news program; and

jurisdiction in the licence area could result in the licensee:

(i)

committing

offence;

(ii) becoming liable to a civil penalty; or

(iii) breaching an order or direction of a court; or

(iv) being in contempt of court; and

(d) ignore a program broadcast in circumstances specified in the

regulations.

(2) In determining, for the purposes of clause 7B of this Schedule,

whether the program content of a commercial television

broadcasting service is the same, or substantially the same, as the

program content of another commercial television broadcasting

service, assume that a program that provides coverage of an

anti-siphoning event is the same as a program that provides

coverage of another anti-siphoning event.

Schedule 1 Amendments

62 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

7K SDTV multi-channelled commercial television broadcasting

service

For the purposes of this Division, assume that paragraph 5A(1)(d)

of Schedule 4 had not been enacted.

7L Definitions

In this Division:

digital-only local market area has the same meaning as in

Schedule 4.

HDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

local market area has the same meaning as in Schedule 4.

metropolitan licence area means a licence area in which is situated

the General Post Office of the capital city of:

(a) New South Wales; or

(b)

Victoria;

(c)

Queensland;

(d) Western Australia; or

(e)

South

Australia;

but does not include the licence area of a commercial television

broadcasting licence allocated under section 38C.

related terrestrial licence area:

(a) in relation to a licence allocated under section 38C for the

South Eastern Australia TV3 licence area--means a

terrestrial licence area mentioned in column 3 of item 1 of the

table in subsection 38C(1); or

(b) in relation to a licence allocated under section 38C for the

Northern Australia TV3 licence area--means a terrestrial

licence area mentioned in column 3 of item 2 of the table in

subsection 38C(1); or

Western Australia TV3 licence area--means a terrestrial

licence area mentioned in column 3 of item 3 of the table in

subsection 38C(1).

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 63

SDTV multi-channelled commercial television broadcasting

service has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

terrestrial licence means a commercial television broadcasting

licence other than a commercial television broadcasting licence

allocated under section 38C or subsection 40(1).

terrestrial licence area means the licence area of a terrestrial

licence.

73 Subparagraph 10(1)(e)(ii) of Schedule 2

After "allocated under", insert "section 38C or".

74 Subclauses 10(1A) and (1B) of Schedule 2

After "allocated under", insert "section 38C or".

75 Clause 2 of Schedule 4 (definition of metropolitan licence

area)

Repeal the definition, substitute:

metropolitan licence area means a licence area in which is situated

the General Post Office of the capital city of:

(a) New South Wales; or

(b)

Victoria;

(c)

Queensland;

(d) Western Australia; or

(e)

South

Australia;

but does not include the licence area of a commercial television

broadcasting licence allocated under section 38C.

76 Clause 2 of Schedule 4

Insert:

primary satellite national television broadcasting service, in

relation to a national broadcaster, has the meaning given by

clause 41N.

77 Clause 2 of Schedule 4 (definition of regional licence area)

Repeal the definition, substitute:

Schedule 1 Amendments

64 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

regional licence area means a licence area that is not a

metropolitan licence area, but does not include the licence area of a

commercial television broadcasting licence allocated under

section 38C.

78 Clause 2 of Schedule 4

Insert:

satellite delivery area means an area that corresponds to the licence

area of a commercial television broadcasting licence allocated

under section 38C.

79 Clause 2 of Schedule 4 (paragraph (a) of the definition of

simulcast period)

After "is", insert "a metropolitan licence area or a regional licence area,

but".

80 Clause 4C of Schedule 4

Before "If there is", insert "(1)".

81 At the end of clause 4C of Schedule 4

Add:

(2) Subclause (1) does not apply to a commercial television

broadcasting licence allocated under section 38C.

82 After subclause 5(1) of Schedule 4

Insert:

(1A) Subclause (1) does not apply to the licence area of a commercial

television broadcasting licence allocated under section 38C.

83 Paragraph 5A(1)(b) of Schedule 4

Repeal the paragraph, substitute:

(b) the service is transmitted in SDTV digital mode:

(i) using multi-channelling transmission capacity; or

(ii) with the use of a satellite; and

84 Paragraph 5B(b) of Schedule 4

Repeal the paragraph, substitute:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 65

(b) the service is transmitted in HDTV digital mode:

(i) using multi-channelling transmission capacity; or

(ii) with the use of a satellite; and

85 Paragraph 5C(1)(b) of Schedule 4

Repeal the paragraph, substitute:

(b) the service is transmitted in SDTV digital mode:

(i) using multi-channelling transmission capacity; or

(ii) with the use of a satellite; and

86 At the end of clause 5C of Schedule 4

Add:

(4) Paragraph (1)(d) does not apply to a national television

broadcasting service provided with the use of a satellite.

87 Paragraph 5D(b) of Schedule 4

Repeal the paragraph, substitute:

(b) the service is transmitted in HDTV digital mode:

(i) using multi-channelling transmission capacity; or

(ii) with the use of a satellite; and

88 Paragraph 6(3)(c) of Schedule 4

Omit "a licence area", substitute "a metropolitan licence area or a

regional licence area".

89 Paragraph 6(5A)(d) of Schedule 4

Repeal the paragraph, substitute:

(d)

either:

(i) if the other licence was allocated before the

commencement of section 38C--at or about the time

when the other licence was allocated, the holder gave

the ACMA a written notice electing that this subclause

apply to both of the commercial television broadcasting

services concerned; or

(ii) if the other licence was allocated after the

commencement of section 38C--before the end of the

simulcast period for the licence area of the other licence,

the holder gave the ACMA a written notice electing that

Schedule 1 Amendments

66 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

this subclause apply to the commercial television

broadcasting services provided under the licences;

90 Paragraph 6(5A)(e) of Schedule 4

Omit "either of the commercial television broadcasting services

concerned", substitute "the commercial television broadcasting services

provided under the licences".

91 Paragraph 6(5AA)(e) of Schedule 4

Omit "either of the commercial television broadcasting services

concerned", substitute "the commercial television broadcasting services

provided under the licences".

92 Paragraph 6(5B)(a) of Schedule 4

Omit "both of the commercial television broadcasting services

concerned", substitute "the commercial television broadcasting services

provided under the commercial television broadcasting licences referred

to in whichever of paragraph (5A)(a) or (5AA)(a) is applicable".

93 Paragraph 6(5B)(c) of Schedule 4

Repeal the paragraph.

94 After subclause 6(5BA) of Schedule 4

Insert:

(5BB)

If:

(a) an election is in force under subclause (5A) or (5AA) in

relation to a commercial television broadcasting service

provided in a licence area; and

(b) the simulcast period for the licence area ends;

then:

given to the ACMA under subclause (5BA); and

(d) the ACMA is taken to have approved the revocation under

clause 7B; and

(e) the ACMA is taken to have specified the day after the end of

the simulcast period as the day on which the revocation takes

effect.

95 After subclause 6(5C) of Schedule 4

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 67

Insert:

(5CA) For the purposes of paragraphs (3)(f), (j) and (ja), ignore any

commercial television broadcasting service provided under a

licence allocated under section 38C.

96 After subclause 6(7C) of Schedule 4

Insert:

(7D)

If:

(a) an election is in force under subclause (7B) in relation to a

commercial television broadcasting service provided in a

remote licence area; and

(b) the simulcast period for the licence area ends;

then:

given to the ACMA under subclause (7C); and

(d) the ACMA is taken to have approved the revocation under

clause 7B; and

(e) the ACMA is taken to have specified the day after the end of

the simulcast period as the day on which the revocation takes

effect.

97 Subclause 6(5D) of Schedule 4

Omit "and (5B)(c)".

98 After subclause 6(7K) of Schedule 4

Insert:

Licences allocated under section 38C

(7KA) This clause does not apply to a commercial television broadcasting

licence allocated under section 38C.

99 At the end of clause 7A of Schedule 4

Add:

(4) Subclause (1) does not apply in relation to a commercial television

broadcasting licence allocated under section 38C.

100 After subclause 9(1B) of Schedule 4

Schedule 1 Amendments

68 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Insert:

(1BA) Subclause (1) does not apply in relation to a commercial television

broadcasting licence allocated under section 38C.

101 After subclause 19(7C) of Schedule 4

Insert:

Satellite national television broadcasting services

(7CA) This clause does not apply to a national television broadcasting

service provided with the use of a satellite.

102 Before clause 37DA of Schedule 4

Insert:

37DAA This Division does not apply in relation to section 38C

licences

This Division does not apply in relation to a commercial television

broadcasting licence allocated under section 38C.

103 After paragraph 38(4)(a) of Schedule 4

Insert:

(aa) the licence was not allocated under section 38C; and

104 Paragraph 38(4A)(a) of Schedule 4

After "subsection 41B(2)", insert "or (2C)".

105 After subclause 38(4A) of Schedule 4

Insert:

(4B)

If:

(a) a commercial television broadcasting licence is allocated

under section 38C; and

(b) the licensee provides a primary commercial television

broadcasting service in the licence area; and

(i) another SDTV multi-channelled commercial television

broadcasting service; or

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 69

(ii) a HDTV multi-channelled commercial television

broadcasting service;

then, until the end of the last applicable terrestrial digital television

switch-over date for the licence area, subclause (1) does not require

the provision of a captioning service for a television program

transmitted on:

(d) the other SDTV multi-channelled commercial television

broadcasting service; or

(e) the HDTV multi-channelled commercial television

broadcasting service;

unless the program has been previously transmitted on the primary

commercial television broadcasting service.

106 After paragraph 38(5)(a) of Schedule 4

Insert:

(aa) the service is not provided with the use of a satellite; and

107 Paragraph 38(5)(c) of Schedule 4

After "national broadcaster", insert "otherwise than with the use of a

satellite".

108 At the end of paragraph 38(5)(d) of Schedule 4

Add "otherwise than with the use of a satellite".

109 After subclause 38(5) of Schedule 4

Insert:

(5A)

If:

(a) a national broadcaster provides a national television

broadcasting service in a satellite delivery area; and

(b) the service is provided with the use of a satellite;

then, until the end of the last applicable terrestrial digital television

switch-over date for the licence area that corresponds to the

satellite delivery area, subclause (1) does not require the provision

of a captioning service for a television program transmitted on:

service provided by the national broadcaster with the use of a

satellite; or

Schedule 1 Amendments

70 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(d) a HDTV multi-channelled national television broadcasting

service provided by the national broadcaster with the use of a

satellite;

unless the television program has been previously transmitted by

the national broadcaster on the broadcaster's primary satellite

national television broadcasting service.

110 After paragraph 38(9)(a) of Schedule 4

Insert:

(aa) the licence was not allocated under section 38C; and

111 After subclause 38(9) of Schedule 4

Insert:

(9A)

If:

(a) a commercial television broadcasting licence is allocated

under section 38C; and

(b) before the end of the last applicable terrestrial digital

television switch-over date for the licence area, the licensee

transmits a television program on:

(i) a SDTV multi-channelled commercial television

broadcasting service; or

(ii) a HDTV multi-channelled commercial television

broadcasting service;

in the licence area; and

commercial television broadcasting service provided by the

licensee in the licence area; and

(d) the licensee provided a captioning service for the program

when the program was so previously transmitted on the other

service;

the licensee must provide a captioning service for the television

program transmitted as mentioned in paragraph (b).

112 After subclause 38(10) of Schedule 4

Insert:

(10A) Subclause (10) does not apply to a national television broadcasting

service provided with the use of a satellite.

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 71

(10B)

If:

(a) a national broadcaster transmits a television program on:

(i) a SDTV multi-channelled national television

broadcasting service; or

(ii) a HDTV multi-channelled national television

broadcasting service;

in a satellite delivery area; and

(b) the service mentioned in paragraph (a) is provided with the

use of a satellite; and

applicable terrestrial digital television switch-over date for

the licence area that corresponds to the satellite delivery area;

and

(d) the program has been previously transmitted on another

national television broadcasting service provided by the

national broadcaster, with the use of a satellite, in the satellite

delivery area; and

(e) the national broadcaster provided a captioning service for the

program when the program was so previously transmitted on

the other service;

the national broadcaster must provide a captioning service for the

television program transmitted as mentioned in paragraph (a).

113 Subclause 38(12) of Schedule 4

Insert:

applicable terrestrial digital television switch-over date has the

same meaning as in clause 7H of Schedule 2.

Note:

The heading to subclause 38(12) of Schedule 4 is replaced by the heading "Definitions".

114 At the end of clause 41A of Schedule 4

Add:

Licences allocated under section 38C

(4) This clause does not apply in relation to a licence allocated under

section 38C.

115 Paragraph 41B(1)(a) of Schedule 4

After "subsection 41B(2)", insert "or (2C)".

Schedule 1 Amendments

72 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

116 At the end of clause 41B of Schedule 4

Add:

Licences allocated under section 38C

(4) This clause does not apply in relation to a licence allocated under

section 38C.

117 At the end of clause 41C of Schedule 4

Add:

Licences allocated under section 38C

(4) This clause does not apply in relation to a licence allocated under

section 38C.

118 Paragraph 41D(1)(a) of Schedule 4

After "subsection 41B(2)", insert "or (2C)".

119 At the end of clause 41D of Schedule 4

Add:

Licences allocated under section 38C

(4) This clause does not apply in relation to a licence allocated under

section 38C.

120 At the end of clause 41E of Schedule 4

Add:

Licences allocated under section 38C

(4) This clause does not apply in relation to a licence allocated under

section 38C.

121 At the end of clause 41F of Schedule 4

Add:

Licences allocated under section 38C

(4) This clause does not apply in relation to a licence allocated under

section 38C.

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 73

122 After clause 41F of Schedule 4

Insert:

41FA SDTV multi-channelled commercial television broadcasting

service provided under a section 38C licence--restrictions

on televising anti-siphoning events

Scope

(1) This clause applies to a commercial television broadcasting

licensee if:

(a) the licence was allocated under section 38C; and

(b)

the

licensee

provides:

(i) a SDTV multi-channelled commercial television

broadcasting service that is one of the licensee's

primary commercial television broadcasting services in

the licence area; and

(ii) one or more SDTV multi-channelled commercial

television broadcasting services that are not the

licensee's primary commercial television broadcasting

services (the secondary commercial television

broadcasting services) in the licence area.

Televising the whole of an anti-siphoning event

(2) The licensee must not televise on a secondary commercial

television broadcasting service in the licence area the whole of an

anti-siphoning event unless:

(a) the licensee has previously televised in the licence area the

whole of the event on one or more of the licensee's primary

commercial television broadcasting services; or

(b) the licensee will televise simultaneously in the licence area

the whole of the event on:

(i) one or more of the licensee's primary commercial

television broadcasting services; and

(ii) the secondary commercial television broadcasting

service.

Schedule 1 Amendments

74 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Televising a part of an anti-siphoning event

(3) The licensee must not televise on a secondary commercial

television broadcasting service in the licence area a part of an

anti-siphoning event unless:

(a) the licensee has previously televised in the licence area the

part of the event on one or more of the licensee's primary

commercial television broadcasting services; or

(b) the licensee will televise simultaneously in the licence area

the part of the event on:

(i) one or more of the licensee's primary commercial

television broadcasting service; and

(ii) the secondary commercial television broadcasting

service; or

current affairs program broadcast on the secondary

commercial television broadcasting service.

Note 1:

For primary commercial television broadcasting service, see

subclause 41G(3).

Note 2:

For anti-siphoning event, see subsection 6(1).

41FB HDTV multi-channelled commercial television broadcasting

service provided under a section 38C licence--restrictions

on televising anti-siphoning events

Scope

(1) This clause applies to a commercial television broadcasting

licensee if the licence was allocated under section 38C.

Televising the whole of an anti-siphoning event

(2) The licensee must not televise on a HDTV multi-channelled

commercial television broadcasting service in the licence area the

whole of an anti-siphoning event unless:

(a) the licensee has previously televised in the licence area the

whole of the event on one or more of the licensee's primary

commercial television broadcasting services; or

(b) the licensee will televise simultaneously in the licence area

the whole of the event on:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 75

(i) one or more of the licensee's primary commercial

television broadcasting services; and

(ii) the HDTV multi-channelled commercial television

broadcasting service.

Televising a part of an anti-siphoning event

(3) The licensee must not televise on a HDTV multi-channelled

commercial television broadcasting service in the licence area a

part of an anti-siphoning event unless:

(a) the licensee has previously televised in the licence area the

part of the event on one or more of the licensee's primary

commercial television broadcasting services; or

(b) the licensee will televise simultaneously in the licence area

the part of the event on:

(i) one or more of the licensee's primary commercial

television broadcasting services; and

(ii) the HDTV multi-channelled commercial television

broadcasting service; or

current affairs program broadcast on the HDTV

multi-channelled commercial television broadcasting service.

Note 1:

For primary commercial television broadcasting service, see

subclause 41G(3).

Note 2:

For anti-siphoning event, see subsection 6(1).

123 Subclause 41G(1) of Schedule 4

After "subsection 41B(2)", insert "or (2C)".

124 After subclause 41G(1) of Schedule 4

Insert:

(1A) The ACMA must ensure that a declaration under subclause (1):

(a) comes into force as soon as practicable after the later of the

following:

(i) when the licensee commences to provide a SDTV

multi-channelled commercial television broadcasting

service in the licence area;

(ii) the commencement of this subclause; and

(b) is in force at all times during the period:

Schedule 1 Amendments

76 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(i) beginning at the time worked out under paragraph (a);

and

(ii) ending at the end of the simulcast period, or

simulcast-equivalent period, for the licence area.

125 At the end of clause 41G of Schedule 4

Add:

(3) The ACMA must ensure that a declaration under subclause (2) is in

force at all times after the later of the following:

(a) the end of the simulcast-period, or simulcast equivalent

period, for the licence area;

(b) when the licensee commences to provide a SDTV

multi-channelled commercial television broadcasting service

in the licence area

Service provided under a section 38C licence

(4) The ACMA may, by legislative instrument, declare that one or

more specified SDTV multi-channelled commercial television

broadcasting services provided by a commercial television

broadcasting licensee whose licence was allocated under

section 38C are the licensee's primary commercial television

broadcasting services in the licence area.

(5) The number of services declared under subclause (4) in relation to

a particular licensee must not exceed 3.

(6) The ACMA must ensure that a declaration under subclause (4) is in

force at all times on and after the start date for the licence area

concerned.

Definition

(7) In this clause:

start date has the same meaning as in clause 7H of Schedule 2.

126 At the end of cause 41H of Schedule 4

Add:

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 77

National television broadcasting services provided with the use of

a satellite

(4) This clause does not apply in relation to national television

broadcasting services provided with the use of a satellite.

127 At the end of clause 41J of Schedule 4

Add:

National television broadcasting services provided with the use of

a satellite

(4) This clause does not apply in relation to national television

broadcasting services provided with the use of a satellite.

128 At the end of clause 41K of Schedule 4

Add:

National television broadcasting services provided with the use of

a satellite

(4) This clause does not apply in relation to national television

broadcasting services provided with the use of a satellite.

129 At the end of clause 41L of Schedule 4

Add:

National television broadcasting services provided with the use of

a satellite

(4) This clause does not apply in relation to national television

broadcasting services provided with the use of a satellite.

130 After clause 41L of Schedule 4

Insert:

Schedule 1 Amendments

78 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

41LA SDTV multi-channelled national television broadcasting

service provided with the use of a satellite--restrictions

on televising anti-siphoning events

Scope

(1) This clause applies to a national broadcaster if the national

broadcaster provides, with the use of a satellite:

(a) a SDTV multi-channelled national television broadcasting

service that is the broadcaster's primary satellite national

television broadcasting service in a satellite delivery area;

and

(b) one or more other SDTV multi-channelled national television

broadcasting services (the secondary national television

broadcasting services) in the satellite delivery area.

Televising the whole of an anti-siphoning event

(2) The national broadcaster must not televise on a secondary national

television broadcasting service in the satellite delivery area the

whole of an anti-siphoning event unless:

(a) the national broadcaster has previously televised in the

satellite delivery area the whole of the event on the

broadcaster's primary satellite national television

broadcasting service; or

(b) the national broadcaster will televise simultaneously in the

satellite delivery area the whole of the event on both:

(i) the broadcaster's primary satellite national television

broadcasting service; and

(ii) the secondary national television broadcasting service.

Televising a part of an anti-siphoning event

(3) The national broadcaster must not televise on a secondary national

television broadcasting service in the satellite delivery area a part

of an anti-siphoning event unless:

(a) the national broadcaster has previously televised in the

satellite delivery area the part of the event on the

broadcaster's primary satellite national television

broadcasting service; or

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 79

(b) the national broadcaster will televise simultaneously in the

satellite delivery area the part of the event on both:

(i) the broadcaster's primary satellite national television

broadcasting service; and

(ii) the secondary national television broadcasting service;

news or current affairs program broadcast on the secondary

national television broadcasting service.

Note 1:

For primary satellite national television broadcasting service, see

clause 41N.

Note 2:

For anti-siphoning event, see subsection 6(1).

41LB HDTV multi-channelled national television broadcasting

service provided with the use of a satellite--restrictions

on televising anti-siphoning events

Scope

(1) This clause applies to a national broadcaster if the national

broadcaster provides, with the use of a satellite, a HDTV

multi-channelled national television broadcasting service.

Televising the whole of an anti-siphoning event

(2) The national broadcaster must not televise on the HDTV

multi-channelled national television broadcasting service in a

satellite delivery area the whole of an anti-siphoning event unless:

(a) the national broadcaster has previously televised in the

satellite delivery area the whole of the event on the

broadcaster's primary satellite national television

broadcasting service; or

(b) the national broadcaster will televise simultaneously in the

satellite delivery area the whole of the event on both:

(i) the broadcaster's primary satellite national television

broadcasting service; and

(ii) the HDTV multi-channelled national television

broadcasting service.

Schedule 1 Amendments

80 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Televising a part of an anti-siphoning event

(3) The national broadcaster must not televise on the HDTV

multi-channelled national television broadcasting service in a

satellite delivery area a part of an anti-siphoning event unless:

(a) the national broadcaster has previously televised in the

satellite delivery area the part of the event on the

broadcaster's primary satellite national television

broadcasting service; or

(b) the national broadcaster will televise simultaneously in the

satellite delivery area the part of the event on both:

(i) the broadcaster's primary satellite national television

broadcasting service; and

(ii) the HDTV multi-channelled national television

broadcasting service; or

news or current affairs program broadcast on the HDTV

multi-channelled national television broadcasting service.

Note 1:

For primary satellite national television broadcasting service, see

clause 41N.

Note 2:

For anti-siphoning event, see subsection 6(1).

131 At the end of Part 4A of Schedule 4

Add:

41N Primary satellite national television broadcasting service

Primary national television broadcasting service

(1) A national broadcaster must, by written notice given to the

Minister, declare that a specified SDTV multi-channelled national

television broadcasting service provided by the national

broadcaster, with the use of a satellite, in a specified satellite

delivery area is the broadcaster's primary satellite national

television broadcasting service in the satellite delivery area.

(2) The national broadcaster must ensure that a declaration under

subclause (1):

(a) comes into force as soon as practicable after the national

broadcaster commences to provide a SDTV multi-channelled

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 81

national television broadcasting service, with the use of a

satellite, in the satellite delivery area; and

(b) is in force at all times after that commencement.

132 Clause 43 of Schedule 4

Insert:

commercial television broadcasting licence does not include a

commercial television broadcasting licence allocated under

section 38C.

133 Subclause 2(1) of Schedule 6 (subparagraph (a)(i) of the

definition of qualified entity)

Omit "formed in Australia or in an external Territory", substitute

"registered under Part 2A.2 of the Corporations Act 2001".

134 Transitional--licences allocated under section 38B of the

Broadcasting Services Act 1992

The amendments of section 38B of the Broadcasting Services Act 1992

made by this Schedule do not affect the continuity of a licence allocated

under that section before the commencement of this item.

Copyright Act 1968

135 Subsection 10(1) (at the end of the definition of

broadcast) (before the note)

Add:

For the purposes of the application of this definition to a service

provided under a satellite BSA licence, assume that there is no

conditional access system that relates to the service.

136 Subsection 10(1)

Insert:

satellite BSA licence means a commercial television broadcasting

licence allocated under section 38C of the Broadcasting Services

Act 1992.

137 Subsection 10(1)

Schedule 1 Amendments

82 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

Insert:

satellite BSA licensee means the licensee of a satellite BSA

licence.

138 Section 100AH (note)

Omit "135ZB or 135ZZI", substitute "135ZB, 135ZZI or 135ZZZF".

139 Section 135ZZJA

Before "This Part", insert "(1)".

140 At the end of section 135ZZJA

Add:

(2) This Part does not apply in relation to a re-transmission by a

satellite BSA licensee.

Note:

For re-broadcasts by satellite BSA licensees, see Part VD.

141 After Part VC

Insert:

Part VD--Re-broadcasts by satellite BSA licensees

Division 1--Preliminary

135ZZZF Definitions

In this Part:

collecting society means a body that is, for the time being, declared

to be a collecting society under section 135ZZZO.

commercial television broadcasting licence has the same meaning

as in the Broadcasting Services Act 1992.

eligible program has the meaning given by section 135ZZZG.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

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Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 83

notice holder means the person who is, for the time being,

appointed to be the notice holder under section 135ZZZT.

original broadcaster has the meaning given by section 135ZZZG.

relevant collecting society, in relation to a remuneration notice,

means a collecting society for owners of copyright in the same

kind of work or other subject-matter as that to which the

remuneration notice relates.

relevant copyright owner means the owner of the copyright in a

work, a sound recording or a cinematograph film, but does not

include a new owner of the copyright in a sound recording of a live

performance within the meaning of Subdivision B of Division 5 of

Part IV.

remuneration notice means a notice referred to in

section 135ZZZJ.

rules, in relation to a collecting society, means the provisions of

the memorandum and articles of association of the society.

135ZZZG Eligible program and original broadcaster

(1) For the purposes of this Part, if the following conditions are

satisfied in relation to material:

(a) the material is broadcast by the licensee of a regional

aggregated commercial television broadcasting licence

(within the meaning of section 43A of the Broadcasting

Services Act 1992);

(b) the licensee is required to provide the material to a satellite

BSA licensee under subsection 43A(3A) of that Act;

then:

(d) the licensee mentioned in paragraph (a) is the original

broadcaster of the eligible program.

(2) For the purposes of this Part, if the following conditions are

satisfied in relation to a program:

(a) the program is broadcast by the licensee of a commercial

television broadcasting licence for a regional licence area

(within the meaning of section 43AA of the Broadcasting

Services Act 1992);

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84 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(b) the licensee is required to provide the program to a satellite

BSA licensee under section 43AA of that Act;

then:

(d) the licensee mentioned in paragraph (a) is the original

broadcaster of the eligible program.

(3) For the purposes of this Part, if the following conditions are

satisfied in relation to a program:

(a) the program is broadcast by the licensee of a commercial

television broadcasting licence;

(b) the licensee is required to provide the program to a satellite

BSA licensee under section 43AB or 43AC of the

Broadcasting Services Act 1992;

then:

(d) the licensee mentioned in paragraph (a) is the original

broadcaster of the eligible program.

135ZZZH Operation of collecting society rules

This Part applies to a collecting society despite anything in the

rules of the society, but nothing in this Part affects those rules so

far as they can operate together with this Part.

Division 2--Re-broadcasts by satellite BSA licensees

135ZZZI Re-broadcasts by satellite BSA licensees

Copyright in a work, sound recording or cinematograph film

included in an eligible program

(1) The copyright in a work, sound recording or cinematograph film

included in a broadcast of an eligible program is not infringed by

the re-broadcast of the eligible program if:

(a) the eligible program is re-broadcast by a satellite BSA

licensee; and

(b) the eligible program is re-broadcast on a service authorised

by the satellite BSA licensee's satellite BSA licence; and

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conditions of the satellite BSA licensee's satellite BSA

licence that are set out in clause 7A of Schedule 2 to the

Broadcasting Services Act 1992; and

(d) a remuneration notice given by the satellite BSA licensee to

the relevant collecting society is in force; and

(e) the original broadcaster of the eligible program was specified

in the remuneration notice; and

(f) the satellite BSA licensee complies with section 135ZZZL.

Copyright in a broadcast of an eligible program

(2) The copyright in a broadcast of an eligible program is not infringed

by the re-broadcast of the eligible program if:

(a) the eligible program is re-broadcast by a satellite BSA

licensee; and

(b) the eligible program is re-broadcast on a service authorised

by the satellite BSA licensee's satellite BSA licence; and

conditions of the satellite BSA licensee's satellite BSA

licence that are set out in clause 7A of Schedule 2 to the

Broadcasting Services Act 1992; and

(d) any of the following conditions is satisfied:

(i) there is an agreement in force between the satellite BSA

licensee and the owner of the copyright in the broadcast

of the eligible program as to the amount payable by the

satellite BSA licensee to the owner of the copyright for

the re-broadcast of eligible programs during a particular

period;

(ii) if there is no agreement--there is in force a

determination of the Copyright Tribunal under

section 153RA of the amount payable by the satellite

BSA licensee to the owner of the copyright in the

broadcast of the eligible program for the re-broadcast of

eligible programs during a particular period;

(iii) if there is no agreement or determination--the satellite

BSA licensee has given the owner of the copyright in

the broadcast of the eligible program a written

undertaking to pay to the owner of the copyright such

amount as is determined by the Copyright Tribunal

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86 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

under section 153RA for the re-broadcast of eligible

programs during a particular period; and

(e) the eligible program is re-broadcast by the satellite BSA

licensee during the period mentioned in whichever of

subparagraphs (d)(i), (ii) or (iii) applies.

Making a copy for the purpose of a re-broadcast

(3) The copyright in a work, sound recording or cinematograph film

included in a broadcast of an eligible program is not infringed by

the making of a copy of the eligible program if:

(a) the sole purpose of making the copy is to enable a

re-broadcast of the eligible program at a later time; and

(b) subsection (1) would apply to the re-broadcast of the eligible

program at the later time.

(4) The copyright in a broadcast of an eligible program is not infringed

by the making of a copy of the eligible program if:

(a) the sole purpose of making the copy is to enable a

re-broadcast of the eligible program at a later time; and

(b) subsection (2) would apply to the re-broadcast of the eligible

program at the later time.

(5) If a copy of an eligible program made for a purpose referred to in

subsection (3) or (4) is not destroyed within 7 days after it is made,

subsection (3) or (4), as the case requires, does not apply, and is

taken never to have applied, in relation to the making of the copy.

(6) In this section, a reference to the making of a copy of an eligible

program is a reference to making a cinematograph film or sound

recording of the broadcast of the eligible program, or a copy of

such a film or sound recording.

135ZZZJ Remuneration notices

(1) A satellite BSA licensee may, by written notice given to the

relevant collecting society, undertake to pay equitable

remuneration to the society for re-broadcasts of eligible programs

broadcast by specified original broadcasters, where the eligible

programs are re-broadcast by the satellite BSA licensee while the

notice is in force.

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(2) A remuneration notice must specify that the amount of equitable

remuneration is to be assessed on the basis of the records to be kept

by the satellite BSA licensee under section 135ZZZL.

(3) A remuneration notice comes into force on:

(a) the day on which it is given to the collecting society; or

(b) such earlier day as is specified in the notice;

and remains in force until it is revoked.

135ZZZK Amount of equitable remuneration

(1) If a satellite BSA licensee gives a remuneration notice to a

collecting society, the amount of equitable remuneration payable to

the collecting society for re-broadcasts of eligible programs by the

satellite BSA licensee while the notice is in force is the amount:

(a) determined by agreement between the satellite BSA licensee

and the collecting society; or

(b) failing such agreement--determined by the Copyright

Tribunal on application made by either of them.

(2) If a determination has been made by the Copyright Tribunal under

subsection (1), either:

(a) the satellite BSA licensee; or

(b) the collecting society;

may, at any time after 12 months from the day on which the

determination was made, apply to the Tribunal under that

subsection for a new determination of amounts payable to the

collecting society by the satellite BSA licensee for re-broadcasts of

eligible programs by the satellite BSA licensee.

(3) For the purposes of subsection (1), different amounts may be

determined (whether by agreement or by the Copyright Tribunal)

in relation to different classes of:

(a)

works;

(b) sound recordings; or

(c)

cinematograph

films;

included in re-broadcasts.

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88 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

135ZZZL Record system

(1) If a remuneration notice is given to a collecting society by a

satellite BSA licensee, the satellite BSA licensee must establish

and maintain a record system.

(2) The record system must provide:

(a) for a record to be kept of the title of each eligible program

that is:

(i) broadcast by an original broadcaster specified in the

remuneration notice; and

(ii) re-broadcast by the satellite BSA licensee; and

(b) for the collecting society to have access to such a record.

(3) The record system must be:

(a) determined by agreement between the satellite BSA licensee

and the collecting society; or

(b) failing such agreement--determined by the Copyright

Tribunal on application made by either of them.

(4) Subsection (3) has effect subject to subsection (2).

135ZZZM Revocation of remuneration notice

(1) A remuneration notice may be revoked at any time by the relevant

satellite BSA licensee by written notice given to the collecting

society to which the remuneration notice was given.

(2) The revocation takes effect:

(a) at the end of 3 months after the date of the notice; or

(b) on such later day as is specified in the notice.

135ZZZN Request for payment of equitable remuneration

(1) If a remuneration notice is or has been in force, the collecting

society to which the notice was given may, by written notice given

to the relevant satellite BSA licensee, request the satellite BSA

licensee to pay to the society, within a reasonable time after the

date of the notice, the amount of equitable remuneration specified

in the notice.

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(2) The amount specified in the notice must be an amount payable

under section 135ZZZK for re-broadcasts made by the satellite

BSA licensee while the remuneration notice is or was in force.

(3) Subsection (1) has effect subject to subsection (4).

(4) If an amount specified in a request under subsection (1) is not paid

in accordance with the request, it may be recovered from the

satellite BSA licensee by the collecting society in:

(a) the Federal Court of Australia; or

(b) any other court of competent jurisdiction;

as a debt due to the society.

Division 3--Collecting societies

135ZZZO Collecting societies

(1) A body may apply to the Minister to be declared as a collecting

society for:

(a) all relevant copyright owners; or

(b) specified classes of relevant copyright owners.

(2) After receiving the application, the Minister must do one of the

following:

(a) by notice published in the Gazette, declare the body to be a

collecting society;

(b) refuse to declare the body to be a collecting society;

(c)

both:

(i) refer the application to the Copyright Tribunal in the

way prescribed by the regulations; and

(ii) notify the body of the referral.

(3) A declaration made under paragraph (2)(a) is not a legislative

instrument.

(4) If the Minister refers the application to the Copyright Tribunal, the

Tribunal may declare the body to be a collecting society.

Note:

Section 153U sets out the procedure of the Copyright Tribunal in

dealing with the reference.

(5) A declaration of the body as a collecting society must declare the

body to be:

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90 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(a) the collecting society for all relevant copyright owners; or

(b) the collecting society for classes of relevant copyright owners

specified in the declaration.

(6)

If:

(a) a body is declared to be the collecting society for a specified

class of copyright owners; and

(b) another body is subsequently declared to be the collecting

society for that class of copyright owners:

then:

collecting society for that class of copyright owners on the

day on which the subsequent declaration is made; and

(d) any remuneration notice given to that collecting society

ceases to be in force to the extent to which it relates to

relevant copyright owners included in that class of copyright

owners.

(7) The Minister and the Copyright Tribunal must not declare a body

to be a collecting society unless:

(a)

is:

(i) registered as a company under Part 2A.2 of the

Corporations Act 2001; and

(ii) a company limited by guarantee; and

(b) all persons who are included in a class of relevant copyright

owners to be specified in the declaration, or their agents, are

entitled to become its members; and

and

(d) its rules contain such other provisions as are prescribed,

where the provisions are necessary to ensure that the interests

of members of the collecting society who are relevant

including, in particular, provisions about:

(i) the collection of amounts of equitable remuneration

payable under section 135ZZZK; and

(ii) the payment of the administrative costs of the collecting

society out of amounts collected by it; and

(iii) the distribution of amounts collected by the collecting

society; and

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(iv) the holding on trust by the collecting society of amounts

for relevant copyright owners who are not its members;

and

(v) access to records of the collecting society by its

members.

(8) If the Minister or the Copyright Tribunal has declared a body to be

the collecting society for a specified class of copyright owners, the

Minister and the Copyright Tribunal may refuse to declare another

body to be the collecting society for that class of copyright owners

unless satisfied that to do so would be in the interests of those

(a) the number of members of the first-mentioned society; and

(b) the scope of its activities; and

135ZZZP Revocation of declaration

(1) This section applies if the Minister is satisfied that a body declared

as a collecting society:

(a) is not functioning adequately as a collecting society; or

(b) is not acting in accordance with its rules or in the best

interests of those of its members who are relevant copyright

owners, or their agents; or

paragraphs 135ZZZO(7)(c) and (d); or

(d) has refused or failed, without reasonable excuse, to comply

with section 135ZZZQ or 135ZZZR.

(2) The Minister may:

(a) by notice published in the Gazette, revoke the declaration; or

(b) refer the question whether the declaration should be revoked

to the Copyright Tribunal in the way prescribed by the

regulations.

(3) If the Minister refers the question to the Copyright Tribunal, the

Tribunal may revoke the declaration if it is satisfied that any of

paragraphs (1)(a), (b), (c) and (d) applies to the body.

Note:

Section 153V sets out the procedure of the Copyright Tribunal in

dealing with the reference.

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92 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

135ZZZQ Annual report and accounts

(1) A collecting society must, as soon as practicable after the end of

each financial year, prepare a report of its operations during that

financial year and send a copy of the report to the Minister.

(2) The Minister must cause a copy of the report sent to the Minister

under subsection (1) to be tabled in each House of the Parliament

within 15 sitting days of that House after the receipt of the report

by the Minister.

(3) A collecting society must keep accounting records correctly

recording and explaining:

(a) the transactions of the society (including any transactions as

trustee); and

(b) the financial position of the society.

(4) The accounting records must be kept in such a manner as will

enable:

(a) true and fair accounts of the society to be prepared from time

to time; and

(b) those accounts to be conveniently and properly audited.

(5) A collecting society must, as soon as practicable after the end of

each financial year:

(a) cause its accounts to be audited by an auditor who is not a

member of the society; and

(b) send to the Minister a copy of its accounts as so audited.

(6) A collecting society must give its members reasonable access to

copies of all reports and audited accounts prepared by it under this

section.

(7) This section does not affect any obligations of a collecting society

relating to the preparation and lodging of annual returns or

accounts under the Corporations Act 2001.

(8) For the purposes of this section, the period:

(a) beginning at the commencement of this section; and

(b) ending at the end of 30 June 2010;

is taken to be a financial year.

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135ZZZR Amendment of rules

A collecting society must, within 21 days after it alters its rules,

send a copy of the rules as so altered to the Minister, together with

a statement setting out:

(a) the effect of the alteration; and

(b) the reasons why it was made.

135ZZZS Applying to Tribunal for review of distribution

arrangement

(1) A collecting society or a member of a collecting society may apply

to the Copyright Tribunal for review of the arrangement adopted,

or proposed to be adopted, by the collecting society for distributing

amounts it collects in a period.

(2) If the Tribunal makes an order under section 153W varying the

arrangement or substituting for it another arrangement, the

arrangement reflecting the Tribunal's order has effect as if it had

been adopted in accordance with the collecting society's rules, but

does not affect a distribution started before the order was made.

Division 4--Interim re-broadcasts

135ZZZT Appointment of notice holder

The Minister may, by notice published in the Gazette, appoint a

person to be the notice holder for the purposes of this Division.

135ZZZU Re-broadcast before declaration of collecting society

The copyright in a work, sound recording or cinematograph film

included in a broadcast of an eligible program is not infringed by

the re-broadcast of the eligible program if:

(a) the eligible program is re-broadcast by a satellite BSA

licensee; and

(b) the eligible program is re-broadcast on a service authorised

by the satellite BSA licensee's satellite BSA licence; and

conditions of the satellite BSA licensee's satellite BSA

licence that are set out in clause 7A of Schedule 2 to the

Broadcasting Services Act 1992; and

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94 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(d) at the time the re-broadcast is made, a collecting society has

not been declared; and

(e) a notice given by the satellite BSA licensee to the notice

holder under subsection 135ZZZV(1) is in force; and

(f) the satellite BSA licensee complies with section 135ZZZL.

135ZZZV Notices by satellite BSA licensees

(1) A satellite BSA licensee may, at any time before the declaration of

the first collecting society, by written notice given to the notice

holder by the satellite BSA licensee, undertake to pay equitable

remuneration to a collecting society, when it is declared, for

re-broadcasts of eligible programs by the satellite BSA licensee

while the notice is in force.

(2) A notice must specify that the amount of equitable remuneration is

to be assessed on the basis of the records to be kept by the satellite

BSA licensee under section 135ZZZL.

(3) A notice comes into force on:

(a) the day on which it is given to the notice holder; or

(b) such later day as is specified in the notice;

and remains in force until it is revoked.

(4) A notice may be revoked at any time by the satellite BSA licensee

by written notice given to the notice holder.

(5) The revocation takes effect:

(a) on the date of the notice of revocation; or

(b) on such later date as is specified in the notice of revocation.

135ZZZW Record keeping requirements

If a satellite BSA licensee gives a notice to the notice holder under

section 135ZZZV, sections 135ZZZK and 135ZZZL apply as if:

(a) references to a collecting society were references to the

notice holder; and

(b) references to a remuneration notice were references to a

notice under section 135ZZZV.

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135ZZZX Effect of declaration of collecting society

(1)

If:

(a) as a result of the declaration of one or more collecting

societies, there is a society for all relevant copyright owners;

and

(b) a notice under section 135ZZZV was in force immediately

before the day on which the declaration came into force;

then, on and after that day, the notice ceases to have effect as such

a notice, but is taken, for the purposes of this Part, to be a

remuneration notice that:

collecting society, or to each of the collecting societies, as the

case may be; and

(d) came into force on the same day as the notice came into

force.

(2)

If:

(a) one or more collecting societies are declared for one or more,

but not for all, classes of relevant copyright owners; and

(b) a notice was in force immediately before the day on which

the declaration came into force;

then, on and after that day:

the relevant copyright owners in the class or classes of

but is taken, for the purposes of this Part, to be a

remuneration notice that:

(i) was given by the relevant satellite BSA licensee to the

collecting society or to each of the collecting societies,

as the case may be; and

(ii) came into force on the same day as the notice came into

force; and

(d) the notice continues to have effect as such a notice in relation

to all other relevant copyright owners.

(3) When a notice is, under this section, taken to be a remuneration

notice, the relevant satellite BSA licensee must cause copies of all

records made under section 135ZZZL on or after the day on which

the notice is taken to have come into force to be sent to the relevant

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96 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

collecting society within 21 days after the declaration of the

collecting society.

Division 5--Miscellaneous

135ZZZY Relevant copyright owner may authorise re-broadcast

(1) Nothing in this Part affects the right of the owner of the copyright

in a broadcast of an eligible program to grant a licence authorising

a satellite BSA licensee to re-broadcast the eligible program

without infringing that copyright.

(2) Nothing in this Part affects the right of the owner of the copyright

in a work, sound recording or cinematograph film included in a

broadcast of an eligible program to grant a licence authorising a

satellite BSA licensee to re-broadcast the eligible program without

infringing that copyright.

135ZZZZ Copyright not to vest under this Part

Despite any other provision of this Act, the re-broadcast of an

eligible program that is not an infringement of copyright under this

Part does not vest copyright in any work or other subject-matter in

any person.

135ZZZZA Licence to re-broadcast does not authorise copyright

infringements

The owner of the copyright in a broadcast of an eligible program is

not taken, for the purposes of this Act, to have authorised the

infringement of copyright in any work, sound recording or

cinematograph film included in the broadcast of the eligible

program merely because the owner licenses the re-broadcast of the

eligible program.

142 After Subdivision G of Division 3 of Part VI

Insert:

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Subdivision GA--Applications and references relating to

Part VD

153RA Application to the Tribunal to determine amount payable to

owner of copyright in a broadcast

(1)

Either:

(a) a satellite BSA licensee; or

(b) a person (the copyright owner) who is, or will be, the owner

of the copyright in the broadcast of an eligible program;

may apply to the Tribunal for an order determining the amount

payable by the satellite BSA licensee to the copyright owner for

the re-broadcast by the satellite BSA licensee, during the period

specified in the application, of eligible programs, where the

programs.

(2) The parties to an application under subsection (1) are:

(a) the satellite BSA licensee; and

(b) the copyright owner.

(3) On an application to the Tribunal under subsection (1), the

Tribunal must consider the application and, after giving the parties

an opportunity to present their cases, make an order determining

the amount that it considers to be equitable remuneration for

re-broadcasts of eligible programs during the period specified in

the order, where the copyright owner owns the copyright in the

broadcast of the eligible programs.

(4) In this section:

eligible program has the same meaning as in Part VD.

153S Applications to the Tribunal under paragraph

135ZZZK(1)(b)--equitable remuneration

(1) The parties to an application to the Tribunal under paragraph

135ZZZK(1)(b) for the determination of the amount of equitable

remuneration payable to a collecting society by a satellite BSA

licensee for re-broadcasts by the satellite BSA licensee of eligible

programs are:

(a) the society; and

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98 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(b) the satellite BSA licensee.

(2) On an application to the Tribunal under paragraph 135ZZZK(1)(b),

the Tribunal must consider the application and, after giving the

parties an opportunity to present their cases, make an order

determining the amount that it considers to be equitable

remuneration for the re-broadcast of eligible programs.

(3) In making an order, the Tribunal may have regard to such matters

(if any) as are prescribed.

(4) An order may be expressed to have effect in relation to

re-broadcasts of eligible programs in reliance on section 135ZZZI

before the day on which the order is made.

(5) In this section:

collecting society has the same meaning as in Part VD.

eligible program has the same meaning as in Part VD.

153T Applications to Tribunal under paragraph 135ZZZL(3)(b)--

record system

(1) The parties to an application to the Tribunal under paragraph

135ZZZL(3)(b) for the determination of a record system are:

(a) the collecting society concerned; and

(b) the satellite BSA licensee concerned.

(2) On an application to the Tribunal under paragraph 135ZZZL(3)(b),

the Tribunal must consider the application and, after giving the

parties an opportunity to present their cases, make an order

determining the record system.

(3) In this section:

collecting society has the same meaning as in Part VD.

153U References relating to declaration of collecting society

(1) This section has effect if the Minister refers to the Copyright

Tribunal under section 135ZZZO an application of a body to be

declared a collecting society.

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(2) The parties to the reference are the applicant and any person made

a party by the Tribunal.

(3) The Tribunal may make a person a party if:

(a) the person asks to be made a party; and

(b) the Tribunal thinks that the person has a sufficient interest in

either or both of the following questions:

(i) whether the applicant should be declared to be a

collecting society for all relevant copyright owners (as

defined in Part VD) or a particular class of relevant

(ii) whether another body should cease to be the collecting

society for any of the relevant copyright owners (as

defined in Part VD) if the applicant is declared to be a

collecting society.

(4) After giving each party an opportunity to present its case, the

Tribunal must:

(a) declare the applicant to be a collecting society under

section 135ZZZO; or

(b)

reject

the

application.

(5) If the Tribunal declares the applicant to be the collecting society

under section 135ZZZO, the Registrar must publish notice of the

declaration in the Gazette.

153V References relating to revocation of declaration of collecting

society

(1) This section has effect if the Minister refers to the Copyright

Tribunal under paragraph 135ZZZP(2)(b) the question whether the

declaration of a body as a collecting society should be revoked.

(2) The parties to the reference are:

(a) the Minister; and

(b) the collecting society; and

(3) The Tribunal may make a person a party if:

(a) the person asks to be made a party; and

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100 Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010

(b) the Tribunal thinks that the person has a sufficient interest in

the question whether the declaration of the collecting society

should be revoked.

(4) After giving each party an opportunity to present its case, the

Tribunal must:

(a) revoke the declaration of the collecting society under

subsection 135ZZZP(3); or

(b) refuse to revoke the declaration.

(5) If the Tribunal revokes the declaration of the collecting society:

(a) the revocation must specify the day on which it takes effect;

and

(b) the Registrar must publish notice of the revocation in the

Gazette.

153W Review of collecting society's distribution arrangement

(1) This section has effect if an application is made to the Tribunal

under section 135ZZZS for review of an arrangement adopted, or

proposed to be adopted, by a collecting society for distributing

amounts it collects in a period.

(2) The parties to the application are:

(a) the applicant; and

(b) the collecting society (if it is not the applicant); and

claiming to be representative of members of the collecting

society, that the Tribunal makes a party to the application.

(3) The Tribunal may make a member of the collecting society, or an

organisation claiming to be representative of members of the

collecting society, a party to the application if:

(a) the member or organisation asks to be made a party; and

(b) the Tribunal is satisfied that the member or organisation has a

substantial interest in the arrangement.

(4) The Tribunal must consider the application, give the parties an

opportunity to present their cases then make an order:

(a) confirming the arrangement; or

(b) varying the arrangement; or

Amendments Schedule 1

Broadcasting Legislation Amendment (Digital Television) Bill 2010 No. , 2010 101

distributing amounts the collecting society collects in the

period.

(5) In this section:

collecting society has the same meaning as in Part VD.

143 Paragraph 195B(1)(e)

Omit "135ZZB(1A)(b) or 135ZZT(1A)(b)", substitute

"135ZZB(1A)(b), 135ZZT(1A)(b) or 135ZZZO(2)(b)".

144 Paragraph 195B(1)(f)

Omit "135ZZC(2)(a) or 135ZZU(2)(a)", substitute "135ZZC(2)(a),

135ZZU(2)(a) or 135ZZZP(2)(a)".

Commonwealth of Australia Bills

BROADCASTING LEGISLATION AMENDMENT (DIGITAL TELEVISION) BILL 2010