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This is a Bill, not an Act. For current law, see the Acts databases.
BROADCASTING LEGISLATION AMENDMENT (DIGITAL TELEVISION SWITCH-OVER) BILL 2008
2008
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Broadcasting Legislation Amendment
(Digital Television Switch-over) Bill 2008
No. , 2008
(Broadband, Communications and the Digital Economy)
A Bill for an Act to amend the law relating to
broadcasting, and for other purposes
i Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No. ,
2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts relating to reviews
3
Broadcasting Services Act 1992
3
Schedule 2--Other ame ndments
4
Broadcasting Services Act 1992
4
Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No. , 2008
1
A Bill for an Act to amend the law relating to
1
broadcasting, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Broadcasting Legislation Amendment
5
(Digital Television Switch-over) Act 2008.
6
2 Commence ment
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No.
, 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
The 60th day after the day on which this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amend ments relating to reviews Schedule 1
Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No. , 2008
3
1
Schedule 1
--
Amendments relating to reviews
2
3
Broadcasting Services Act 1992
4
1 Subsection 6(1) (definition of earliest digital television
5
switch-over day)
6
Repeal the definition.
7
2 Subsection 35A(1)
8
Omit "Before the earliest digital television switch-over day", substitute
9
"Before 1 January 2012".
10
3 Subclause 60C(1) of Schedule 4
11
Omit "At least one year before the earliest digital television switch-over
12
day", substitute "Before 1 January 2010".
13
14
Schedule 2 Other amendments
4 Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No.
, 2008
1
Schedule 2
--
Other amendments
2
3
Broadcasting Services Act 1992
4
1 Paragraph 7(1)(m) of Schedule 2
5
Omit "in that area", substitute "in so much of that area as is not a
6
digital-only local market area".
7
2 Clause 2 of Schedule 4
8
Insert:
9
digital-only local market area has the meaning given by clause 5F.
10
3 Clause 2 of Schedule 4
11
Insert:
12
local market area has the meaning given by clause 5F.
13
4 At the end of Part 1 of Schedule 4
14
Add:
15
5F Local market areas and digital-only local market areas
16
(1) The Minister may, by legislative instrument:
17
(a) determine that a specified area is a local market area for the
18
purposes of this Schedule; and
19
(b) determine that that area becomes a digital-only local market
20
area for the purposes of this Schedule at a specified time.
21
(2) An area must not be specified under paragraph (1)(a) unless it is
22
wholly included in a licence area.
23
(3) A time must not be specified under paragraph (1)(b) unless it falls
24
within the simulcast period for the licence area concerned.
25
(4) A subclause (1) determination is irrevocable.
26
Other amend ments Schedule 2
Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No. , 2008
5
Variation
1
(5) The Minister may, by legislative instrument, vary a subclause (1)
2
determination.
3
(6) The Minister must not vary a subclause (1) determination after the
4
time specified in the determination.
5
(7) If there is a variation of a subclause (1) determination, the time
6
specified in the varied determination must not be earlier than 3
7
months before the time specified in the determination as it stood
8
before any variation of the determination was made.
9
(8) If there is a variation (the current variation) of a subclause (1)
10
determination, the time specified in the varied determination must
11
not be later than 3 months after the time specified in the
12
determination as it stood before any variation of the determination
13
was made.
14
(9) Subclause (8) does not apply if:
15
(a) the time specified in the determination, as it stood before the
16
current variation, would be likely to result in significant
17
difficulties of a technical or engineering nature for:
18
(i) a commercial television broadcasting licensee for the
19
licence area concerned; or
20
(ii) a national broadcaster; and
21
(b) those difficulties could not reasonably have been foreseen by
22
the commercial television broadcasting licensee or the
23
national broadcaster, as the case requires, as at 6 months
24
before the time specified in the determination as it stood
25
before the current variation.
26
(10) Subclause (5) does not limit the application of subsection 33(3) of
27
the Acts Interpretation Act 1901 to other instruments under this
28
Act.
29
Consultation
30
(11) Before making or varying a subclause (1) determination, the
31
Minister must consult the ACMA.
32
5 Subparagraph 6(3)(c)(ii) of Schedule 4
33
Repeal the subparagraph, substitute:
34
Schedule 2 Other amendments
6 Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No.
, 2008
(ii) in the case of a metropolitan licence area--to run for 9
1
years or for such other period as is determined under
2
subclause 6A(1) in relation to that area; and
3
(iia) in the case of a regional licence area--to run for 8 years
4
or for such other period as is determined under
5
subclause 6A(2) in relation to that area; and
6
6 Paragraph 6(3)(c) of Schedule 4
7
Omit "in that area", substitute "in so much of that area as is not a
8
digital-only local market area".
9
7 Paragraphs 6(3)(f) and (g) of Schedule 4
10
Omit "in that area" (wherever occurring), substitute "in so much of that
11
area as is not a digital-only local market area".
12
8 After paragraph 6(3)(g) of Schedule 4
13
Insert:
14
(ga) the objective that, during the simulcast period for a licence
15
area, no transmissions of commercial television broadcasting
16
services in analog mode are to be made in so much of that
17
area as is a digital-only local market area;
18
9 Paragraph 6(3)(j) of Schedule 4
19
Omit "in that area" (wherever occurring), substitute "in so much of that
20
area as was not a digital-only local market area".
21
10 After paragraph 6(3)(j) of Schedule 4
22
Insert:
23
(ja) the objective that, after a local market area becomes a
24
digital-only local market area, the transmission of a
25
commercial television broadcasting service in SDTV digital
26
mode in the digital-only local market area should achieve the
27
same level of coverage and potential reception quality as was
28
achieved by the transmission of that service in analog mode
29
in the local market area immediately before the local market
30
area became a digital-only local market area;
31
11 At the end of subclause 6(7A) of Schedule 4
32
Add:
33
Other amend ments Schedule 2
Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No. , 2008
7
Note:
See also clause 6B.
1
12 After clause 6 of Schedule 4
2
Insert:
3
6A Determination of simulcast pe riod--metropolitan and regional
4
licence areas
5
(1) The Minister may, by legislative instrument, determine a period for
6
the purposes of the application of subparagraph 6(3)(c)(ii) to a
7
specified metropolitan licence area.
8
(2) The Minister may, by legislative instrument, determine a period for
9
the purposes of the application of subparagraph 6(3)(c)(iia) to a
10
specified regional licence area.
11
(3) A period determined under subclause (1) must end before the end
12
of 31 December 2013.
13
Note:
See subclause (11).
14
(4) A period determined under subclause (2) must end before the end
15
of 31 December 2013.
16
Note:
See subclause (11).
17
(5) A subclause (1) determination is irrevocable.
18
(6) A subclause (2) determination is irrevocable.
19
Variation
20
(7) The Minister may, by legislative instrument, vary:
21
(a) a subclause (1) determination; or
22
(b) a subclause (2) determination.
23
(8) The Minister must not vary:
24
(a) a subclause (1) determination; or
25
(b) a subclause (2) determination;
26
after the end of the period specified in the determination.
27
(9) If there is a variation of:
28
(a) a subclause (1) determination; or
29
(b) a subclause (2) determination;
30
Schedule 2 Other amendments
8 Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No.
, 2008
the end of the period specified in the varied determination must not
1
be earlier than 3 months before the end of the period specified in
2
the determination as it stood before any variation of the
3
determination was made.
4
(10) If there is a variation of:
5
(a) a subclause (1) determination; or
6
(b) a subclause (2) determination;
7
the end of the period specified in the varied determination must not
8
be later than whichever is the earlier of the following:
9
(c) the end of 31 December 2013;
10
(d) 3 months after the end of the period specified in the
11
determination as it stood before any variation of the
12
determination was made.
13
Note:
See subclause (11).
14
(11) If there is a variation (the current variation) of:
15
(a) a subclause (1) determination; or
16
(b) a subclause (2) determination;
17
subclauses (3), (4) and (10) do not apply, so long as:
18
(c) the end of the period specified in the determination, as it
19
stood before the current variation, would be likely to result in
20
significant difficulties of a technical or engineering nature
21
for:
22
(i) a commercial television broadcasting licensee for the
23
licence area concerned; or
24
(ii) a national broadcaster; and
25
(d) those difficulties could not reasonably have been foreseen by
26
the commercial television broadcasting licensee or the
27
national broadcaster, as the case requires, as at 6 months
28
before the end of the period specified in the determination as
29
it stood before the current variation; and
30
(e) the end of the period specified in the varied determination is
31
not later than the end of 30 June 2014.
32
(12) Subclause (7) does not limit the application of subsection 33(3) of
33
the Acts Interpretation Act 1901 to other instruments under this
34
Act.
35
Other amend ments Schedule 2
Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No. , 2008
9
Consultation
1
(13) Before making or varying:
2
(a) a subclause (1) determination; or
3
(b) a subclause (2) determination;
4
the Minister must consult the ACMA.
5
6B Determination of simulcast period--re mote licence areas
6
(1) The ACMA must not determine a period for the purposes of
7
paragraph 6(7A)(b) if the period ends after 31 December 2013.
8
(2) Subclause (1) does not apply in such circumstances (if any) as are
9
specified in a legislative instrument made by the Minister.
10
13 Paragraph 19(3)(c) of Schedule 4
11
Omit "in that coverage area", substitute "in so much of that coverage
12
area as is not a digital-only local market area".
13
14 Paragraphs 19(3)(f) and (g) of Schedule 4
14
Omit "in that area" (wherever occurring), substitute "in so much of that
15
area as is not a digital-only local market area".
16
15 After paragraph 19(3)(g) of Schedule 4
17
Insert:
18
(ga) the objective that, during the simulcast period for a coverage
19
area, no transmissions of national television broadcasting
20
services in analog mode are to be made in so much of that
21
area as is a digital-only local market area;
22
16 Paragraph 19(3)(j) of Schedule 4
23
Omit "in that area" (wherever occurring), substitute "in so much of that
24
area as was not a digital-only local market area".
25
17 After paragraph 19(3)(j) of Schedule 4
26
Insert:
27
(ja) the objective that, after a local market area becomes a
28
digital-only local market area, the transmission of a national
29
television broadcasting service in SDTV digital mode in the
30
digital-only local market area should achieve the same level
31
Schedule 2 Other amendments
10 Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No.
, 2008
of coverage and potential reception quality as was achieved
1
by the transmission of that service in analog mode in the
2
local market area immediately before the local market area
3
became a digital-only local market area;
4
18 Subclause 35(1) of Schedule 4
5
Omit "in that area" (first occurring), substitute "in so much of that
6
coverage area as is not a digital-only local market area".
7
19 Subclause 35(1) of Schedule 4
8
Omit "for that area" (first occurring), substitute "for that coverage
9
area".
10
20 Subclause 35(1) of Schedule 4
11
Omit "in that area" (last occurring), substitute "in so much of that
12
coverage area as is not a digital-only local market area".
13
21 Variation of commercial television conversion scheme
14
(1)
This item applies to a variation by the ACMA of the commercial
15
television conversion scheme if:
16
(a) the variation deals with transitional and/or consequential
17
matters in connection with the amendments made by this
18
Schedule; and
19
(b) either:
20
(i) the variation was made before the commencement of
21
this item in accordance with section 4 of the Acts
22
Interpretation Act 1901; or
23
(ii) the variation is made within 30 days after the
24
commencement of this item.
25
(2)
Clause 18 of Schedule 4 to the Broadcasting Services Act 1992 does not
26
apply to the variation.
27
(3)
The ACMA must not make the variation unless a copy of the proposed
28
variation was made available on the ACMA's website for a period of at
29
least 5 business days.
30
22 Variation of national television conversion scheme
31
(1)
This item applies to a variation by the ACMA of the national television
32
conversion scheme if:
33
Other amend ments Schedule 2
Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 No. , 2008
11
(a) the variation deals with transitional and/or consequential
1
matters in connection with the amendments made by this
2
Schedule; and
3
(b) either:
4
(i) the variation was made before the commencement of
5
this item in accordance with section 4 of the Acts
6
Interpretation Act 1901; or
7
(ii) the variation is made within 30 days after the
8
commencement of this item.
9
(2)
Clauses 32 and 33 of Schedule 4 to the Broadcasting Services Act 1992
10
do not apply to the variation.
11
(3)
The ACMA must not make the variation unless a copy of the proposed
12
variation was made available on the ACMA's website for a period of at
13
least 5 business days.
14