BROADCASTING SERVICES AMENDMENT (DIGITAL TELEVISION AND DATACASTING) ACT 2000 NO. 108, 2000 - SCHEDULE 1 - Amendment of the Broadcasting Services Act 1992

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BROADCASTING SERVICES AMENDMENT (DIGITAL TELEVISION AND DATACASTING) ACT 2000 NO. 108, 2000 - SCHEDULE 1

- Amendment of the Broadcasting Services Act 1992 Part 1—Amendments

1 Title

After " broadcasting services ", insert " , datacasting services ".

2 After paragraph 3(1)(a)

Insert:

(aa): to promote the availability to audiences and users throughout Australia of a diverse range of datacasting services; and

2A After paragraph 3(1)(b)

Insert:

(ba): to provide a regulatory environment that will facilitate the development of a datacasting industry in Australia that is efficient, competitive and responsive to audience and user needs; and

2B After paragraph 3(1)(f)

Insert:

(fa): to promote the provision of high quality and innovative content by providers of datacasting services; and

2C At the end of subsection 3(1)

Add:

; and (n) to ensure the maintenance and, where possible, the development of diversity, including public, community and indigenous broadcasting, in the Australian broadcasting system in the transition to digital broadcasting.

3 Subsection 4(1)

After "broadcasting services" (wherever occurring), insert ", datacasting services".

4 Subsection 4(2)

After "broadcasting services" (wherever occurring), insert "and datacasting services".

5 Subparagraph 4(2)(c)(i)

After "broadcasting technologies", insert "and datacasting technologies,".

6 Paragraph 5(1)(a)

After "broadcasting industry", insert ", the datacasting industry".

7 Subsection 6(1) (at the end of the definition of associate )

Add:

: Note: Licence is given an extended meaning by this subsection.

8 Subsection 6(1) (definition of commercial radio broadcasting licence )

After "a licence", insert "under Part 4".

9 Subsection 6(1) (definition of commercial television broadcasting licence )

After "a licence", insert "under Part 4".

10 Subsection 6(1) (definition of community broadcasting licence )

After "a licence", insert "under Part 6 or 6A".

11 Subsection 6(1)

Insert:

datacasting licence means a licence under Schedule 6 to provide a datacasting service.

12 Subsection 6(1)

Insert:

datacasting service means a service that delivers content:

(a): whether in the form of text; or
(b): whether in the form of data; or
(c): whether in the form of speech, music or other sounds; or
(d): whether in the form of visual images (animated or otherwise); or
(e): whether in any other form; or
(f): whether in any combination of forms;

to persons having equipment appropriate for receiving that content, where the delivery of the service uses the broadcasting services bands.

13 Subsection 6(1)

Insert:

datacasting transmitter licence has the same meaning as in the Radiocommunications Act 1992 , and includes an authorisation under section 114 of that Act by the licensee of such a licence.

14 Subsection 6(1) (definition of licence )

Repeal the definition, substitute:

licence means:

(a): in the definition of associate , section 7, Part 5 and Schedule 1:

(i): a licence allocated by the ABA under this Act (other than a class licence); or
(ii): a datacasting transmitter licence; and

(b): in any other provision of this Act—a licence allocated by the ABA under this Act (other than a class licence).

15 Subsection 6(1)

Insert:

subscription television broadcasting licence means a licence under Part 7 to provide one or more subscription television broadcasting services.

16 At the end of section 7

Add:

: Note: Licence is given an extended meaning by subsection 6(1).

17 After section 8

Insert:

8A Captioning taken to be part of program

(1): For the purposes of this Act, if a television program is captioned for the deaf and hearing impaired, the captioning is taken to be part of the program.
(2): Subsection (1) is enacted for the avoidance of doubt.

17A At the end of section 18

Add:

(2): A multi-channelled national television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.

18 Section 28

Before "licences", insert "broadcasting".

19 At the end of section 28A

Add "or 38B".

: Note: The heading to section 28A is altered by adding at the end " or 38B ".

20 After subsection 34(4)

Insert:

(4A): Each part determined under subsection (3) must be 7 MHz. However, this rule does not prevent a particular part from being determined even if it adjoins:

(a): another part that is also specified in the determination; or
(b): 2 other parts that are also specified in the determination.

21 Subsection 34(5)

Repeal the subsection, substitute:

(5): For the purposes of the application of this section to the availability of the spectrum before 1 January 2007, a datacasting service is a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.
(6): For the purposes of the application of this section to the availability of the spectrum on or after 1 January 2007, a datacasting service is:

(a): a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or
(b): a datacasting service provided under any other licence allocated by the ABA under this Act; or
(c): a datacasting service provided in accordance with a class licence.

22 At the end of subsection 38A(2)

Add:

, so long as:

(a): all of the following conditions are satisfied:

(i): no licence for the licence area previously allocated under this section to the existing licensee has been cancelled because of a breach of the condition set out in paragraph 7(1)(i) of Schedule 2;
(ii): no licence for the licence area previously held by the existing licensee has been cancelled because of a breach of the condition set out in subsection (9);
(iii): no licence for the licence area previously held by the existing licensee has been surrendered; or

(b): both:

(i): paragraph (a) does not apply; and
(ii): the ABA is satisfied that there are exceptional circumstances.

23 After section 38A

Insert:

38B Additional commercial television licences in 2-station markets

(1): If:

(a): a particular licence area is the licence area of only 2 commercial television broadcasting licences (the parent licences ) that are in force; and
(b): neither of those licences was allocated under section 38A; and
(c): an additional commercial television broadcasting licence can be allocated for the licence area;

the existing licensees may, within 90 days after the designated time for the licence area, give to the ABA:

(d): a joint written notice stating that:

(i): a company specified in the notice (the joint-venture company ) will apply for an additional commercial television broadcasting licence for the licence area; and
(ii): the joint-venture company is jointly owned by the existing licensees; and
(iii): the joint-venture company is formed in Australia or an external Territory and has a share capital; or

(e): a joint written notice stating that each of the existing licensees will apply separately for an additional commercial television broadcasting licence for the licence area; or
(f): a joint written notice stating that only the existing licensee specified in the notice will apply for an additional commercial television broadcasting licence for the licence area.

Application by joint-venture company

(2): If a notice is given under paragraph (1)(d), the joint-venture company may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.

Separate applications by existing licensees

(3): If a notice is given under paragraph (1)(e), each existing licensee may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.

Application by only one of the existing licensees

(4): If a notice is given under paragraph (1)(f), the existing licensee specified in the notice may, within 12 months after the designated time for the licence area, apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.

Allocation of additional licence to joint-venture company

(5): As soon as practicable after receiving an application under subsection (2), the ABA must allocate an additional commercial television broadcasting licence to the joint-venture company for the licence area, so long as the ABA is satisfied that the joint-venture company is jointly owned by the existing licensees.

Allocation of additional licence to existing licensee

(6): If the ABA has received applications from both of the existing licensees under subsection (3), the ABA must allocate an additional commercial television broadcasting licence to one of those licensees for the licence area in accordance with a price-based system determined under subsection (10).
(7): If, by the end of the 12-month period beginning at the designated time for the licence area:

(a): the ABA has received an application from only one existing licensee (the first licensee ) under subsection (3); and
(b): the ABA has not received a notice from the other existing licensee stating that it will not be applying under subsection (3);

the ABA must, as soon as practicable after the end of that 12-month period, allocate an additional commercial television broadcasting licence to the first licensee for the licence area.

(8): If the ABA has received:

(a): an application from an existing licensee (the first licensee ) under subsection (3); and
(b): a notice from the other existing licensee stating that it will not be applying under subsection (3);

the ABA must, as soon as practicable after both have been received, allocate an additional commercial television broadcasting licence to the first licensee for the licence area.

(9): As soon as practicable after receiving an application under subsection (4), the ABA must allocate an additional commercial television broadcasting licence to the existing licensee concerned for the licence area.

Price-based system for allocating licences where separate applications have been received

(10): The ABA may determine in writing a price-based system for allocating commercial television broadcasting licences under subsection (6).
(11): The Minister may give specific directions to the ABA for the purpose of a determination.
(12): 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.
(13): If a commercial television broadcasting licence is allocated under subsection (6), the ABA must, unless the 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.

Amalgamation of licence areas in some cases

(14): The ABA may, by writing, determine that, if:

(a): more than 30% of the licence area population of a specified licence area is attributable to a specified overlap area; or
(b): a specified licence area is entirely within another specified licence area;

this section applies as if the 2 licence areas were one.

(15): A determination under subsection (14) has effect accordingly.
(16): A determination under subsection (14) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

Fee for additional licence

(17): On allocation of the additional licence under subsection (5), (7),
(8): or (9), the applicant must pay to the ABA a fee determined by the ABA. The fee must not be more than the amount that, in the opinion of the ABA, represents the costs (including planning costs) incurred by the ABA in allocating the additional licence.

Licence conditions

(18): Each additional licence allocated under this section is subject to the following conditions:

(a): the licensee may only provide the commercial television broadcasting service concerned in digital mode (within the meaning of Schedule 4); and
(b): if the licence area for the licence is wholly outside a remote licence area (within the meaning of Schedule 4)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) by whichever is the earlier of the following times:

(i): the time that is notified in writing to the licensee by the ABA;
(ii): the start of 1 January 2004; and

(c): if any part of the licence area for the licence is within a remote licence area (within the meaning of Schedule 4)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) by the time that is notified in writing to the licensee by the ABA, being a time that is not earlier than the date determined by the ABA in relation to the remote licence area as mentioned in subclause 6(6A) of Schedule 4.

(19): Paragraphs 7(1)(i), 7(1)(l) and 7(1)(m) of Schedule 2 do not apply to an additional licence allocated under this section.
(20): On the allocation of an additional licence under subsection (5), it becomes a condition of:

(a): the additional licence; and
(b): each parent licence;

that the licensee concerned will continue to provide services under the licence concerned for at least 2 years after the commencement of the provision of the commercial television broadcasting service under the additional licence.

(21): On the allocation of an additional licence under subsection (6), (7), (8) or (9), it becomes a condition of:

(a): the additional licence; and
(b): the parent licence concerned;

that the licensee will continue to provide services under those licences for at least 2 years after the commencement of the provision of the commercial television broadcasting service under the additional licence.

Restrictions on transfer of licences

(22): During the period of 2 years after the date of allocation of an additional licence under subsection (5), any attempt by any person to transfer the additional licence is of no effect.
(23): During the period of 2 years after the date of allocation of an additional licence under subsection (6), (7), (8) or (9), any attempt by any person to transfer either:

(a): the additional licence; or
(b): the parent licence concerned;

is of no effect unless both of those licences are transferred at the same time by the same person to the same transferee.

Section 37 restrictions apply

(24): This section has effect subject to section 37.

Jointly owned company

(25): For the purposes of this section, a company (the first company ) is jointly owned by 2 other companies if, and only if, each share in the first company is beneficially owned by either or both of those other companies.

Designated time

(26): In this section:

designated time , in relation to a licence area, means:

(a): if the licence area is wholly outside a remote licence area (within the meaning of Schedule 4)—the commencement of this section; or
(b): if any part of the licence area is within a remote licence area (within the meaning of Schedule 4)—the time determined by the ABA in relation to the remote licence area for the purposes of this paragraph.

24 At the end of section 41

Add:

(4): This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

25 Part 5 (heading)

Repeal the heading, substitute:

Part 5—Control of commercial broadcasting licences and datacasting transmitter licences

26 Before section 53

Insert:

Subdivision A—Commercial broadcasting licences

27 After section 54

Insert:

Subdivision B—Commercial television broadcasting licences and datacasting transmitter licences

54A Limitation on control of commercial television broadcasting licences and datacasting transmitter licences

A person must not be in a position to exercise control of:

(a): a commercial television broadcasting licence; and
(b): a datacasting transmitter licence.

28 Before section 55

Insert:

Subdivision A—Television and radio

29 After section 56

Insert:

Subdivision B—Television and datacasting

56A Limitation on directorships—television and datacasting

(1): A person must not be a director of:

(a): a company that is in a position to exercise control of a commercial television broadcasting licence; and
(b): a company that is in a position to exercise control of a datacasting transmitter licence.

(2): A person must not:

(a): be in a position to exercise control of a commercial television broadcasting licence; and
(b): be a director of a company that is in a position to exercise control of a datacasting transmitter licence.

(3): A person must not:

(a): be a director of a company that is in a position to exercise control of a commercial television broadcasting licence; and
(b): be in a position to exercise control of a datacasting transmitter licence.

30 Subsection 62(1)

Omit "and commercial radio broadcasting licensee", substitute ", commercial radio broadcasting licensee and datacasting transmitter licensee".

31 Paragraph 62(1)(c)

Before "the name of", insert "in the case of a commercial television broadcasting licensee or a commercial radio broadcasting licensee—".

32 Section 62 (penalty)

After "commercial television broadcasting licence", insert "or datacasting transmitter licence".

33 Subsection 63(1)

Omit "or commercial radio broadcasting licensee", substitute ", commercial radio broadcasting licensee or datacasting transmitter licensee".

34 Section 63 (penalty)

After "commercial television broadcasting licence", insert "or datacasting transmitter licence".

35 Subsection 64(1)

Omit "or a commercial radio broadcasting licence", substitute ", a commercial radio broadcasting licence or a datacasting transmitter licence".

: Note: The heading to section 64 is altered by omitting " commercial " and substituting " a ".

36 Section 64 (penalty)

After "commercial television broadcasting licence", insert "or datacasting transmitter licence".

37 Subsection 66(1) (penalty)

After "commercial television broadcasting licence", insert "or datacasting transmitter licence".

38 Section 69 (penalty)

After "commercial television broadcasting licence", insert "or datacasting transmitter licence".

39 Section 72 (penalty)

After "commercial television broadcasting licence", insert "or datacasting transmitter licence".

40 At the end of section 73

Add:

(2): This section does not apply to the licences at any time after either of the licences is first held by a different person (whether or not it continues to be held by a different person).

41 After section 73

Insert:

73A Additional licence under section 38B not to result in breach of ownership limits

(1): If an additional licence has been allocated under subsection 38B(6), (7),
(8): or (9) to the holder of an existing licence, the existing licence and additional licence are to be treated, for the purposes of this Part, as being only one licence.
(2): Subsection (1) does not apply to the licences at any time after either of the licences is first held by a different person (whether or not it continues to be held by a different person).
(3): If an additional licence has been allocated under subsection 38B(5) to a company, then, while:

(a): the company remains:

(i): the holder of the additional licence; and
(ii): partly owned by another company that was the holder of one of the existing licences at the time of the allocation; and

(b): the other company remains the holder of the existing licence;

the existing licence and the additional licence are to be treated, for the purposes of this Part, as being only one licence.

(4): For the purposes of this section, a company (the first company ) is partly owned by another company if, and only if, at least one share in the first company is beneficially owned by the other company.

42 Paragraphs 74(1)(a) and (b)

Before "a newspaper", insert "a datacasting transmitter licence,".

43 Subsection 74(2)

Before "the newspaper", insert "the datacasting transmitter licence,".

44 Paragraph 75(1)(aa)

After "38A", insert "or 38B".

45 At the end of section 83

Add:

(4): This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

46 At the end of section 92D

Add:

(4): This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

47 At the end of section 98

Add:

(4): This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

48 Paragraph 158(g)

After "programs", insert "and datacasting content".

49 Paragraph 158(h)

After "broadcasting service providers", insert "and datacasting service providers".

50 Paragraph 158(l)

After "(including national broadcasting services)", insert "and datacasting services".

51 Paragraph 158(m)

After "the broadcasting industry", insert "and the datacasting industry".

52 Paragraph 202(4)(c)

Repeal the paragraph, substitute:

(c): the information has been used for the purposes of:

(i): a television or radio program; or
(ii): datacasting content.

53 Subsection 202(5)

Repeal the subsection, substitute:

(5): For the purposes of this section, journalist means a person engaged in the profession or practice of reporting for, photographing, editing, recording or making:

(a): television or radio programs; or
(b): datacasting content;

of a news, current affairs, information or documentary character.

54 Section 204 (after table item dealing with refusal to allocate an additional licence)

Insert:

Refusal to allocate an additional licence
Section 38B
The applicant

55 Section 206

After "broadcasting", insert "or datacasting".

: Note: The heading to section 206 is altered by inserting " or datacasting " after " Broadcasting ".

56 Subsection 214(1)

After "section 140", insert "or subclause 49(2), 50(3), 52(2) or 53(5) of Schedule 6".

57 After section 216B

Insert:

216C Schedule 6 (datacasting services)

Schedule 6 has effect.

216D Review of Schedules 4 and 6

(1): As soon as practicable after 1 January 2003 and before 1 January 2004, the Minister may cause to be conducted a review of the operation of Schedules 4 and 6.
(2): The Minister must cause to be prepared a report of a review under subsection (1).
(3): The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

216E Review of streamed Internet, audio and video content

(1): Before 1 January 2002, the Minister must cause to be conducted a review of whether, in the context of converging media technologies, streamed audio and video content obtainable on the Internet should be regarded as a broadcasting service.
(2): The Minister must cause to be prepared a report of a review under subsection (1).
(3): The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

58 Subclause 1(1) of Schedule 1

Before "newspapers", insert "datacasting transmitter licences, ".

59 Subclause 1(2) of Schedule 1

Omit "industry" (first occurring), substitute "and datacasting industries".

60 Subclause 1(2) of Schedule 1

Omit "the industry", substitute "those industries".

61 Paragraph 2(1)(b) of Schedule 1

After "licence" (first occurring), insert "(other than a datacasting transmitter licence)".

62 After paragraph 2(1)(b) of Schedule 1

Insert:

(ba): in the case of a datacasting transmitter licence:

(i): the person is the licensee; or
(ii): the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of the selection or provision of a significant proportion of the datacasting content transmitted by the licensee; or
(iii): the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the licensee in transmitting datacasting services under the licence; or

63 After subclause 2(2) of Schedule 1

Insert:

(2A): Paragraph (1)(ba) does not apply to the provision of datacasting content by a person to a licensee under an agreement for the supply of datacasting content to the licensee if:

(a): the conditions of the agreement relate only to the datacasting content so supplied or its promotion; and
(b): the content so supplied is a minority of the datacasting content transmitted by the licensee.

64 Paragraph 4(2)(b) of Schedule 1

Before "controls", insert "in the case of a licensee other than a datacasting transmitter licensee—".

65 After paragraph 4(2)(b) of Schedule 1

Insert:

(ba): in the case of a datacasting transmitter licensee—controls the selection or provision of any of the datacasting content to be transmitted by the licensee; or

66 Subclause 4(4) of Schedule 1 (before paragraph (c) of the definition of media company )

Insert:

(bb): a company that holds a datacasting transmitter licence; or

67 Paragraph 7(1)(m) of Schedule 2

Omit "digital mode", substitute "SDTV digital mode".

68 Paragraph 7(1)(n) of Schedule 2

Omit "clause 37", substitute "Division 1 of Part 4".

69 After paragraph 7(1)(n) of Schedule 2

Insert:

(na): the licensee will comply with standards applicable to the licence under Division 2 of Part 4 of Schedule 4 (which deals with HDTV quotas);

69A After paragraph 7(1)(o) of Schedule 2

Insert:

(oa): the licensee will comply with any regulations made for the purposes of clause 36B of Schedule 4 (which deals with the accessibility of domestic reception equipment);

69AA After subclause 7(2A) of Schedule 2

Insert:

(2B): Each commercial television broadcasting licence is also subject to the condition that the licensee will provide information to another commercial television broadcasting licensee:

(a): in a timely manner; and
(b): at no cost; and
(c): in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;

if required to do so by that other licensee for the purpose of compiling information for an electronic program guide.

69B Before subclause 7(3) of Schedule 2

Insert:

(2C): Each commercial television broadcasting licence is also subject to the condition that the licensee will provide information to a national broadcaster (within the meaning of Schedule 4):

(a): in a timely manner; and
(b): at no cost; and
(c): in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;

if required to do so by that national broadcaster for the purpose of compiling information for an electronic program guide.

(2D): For the purposes of the application of subclause (2B) to information provided to a commercial television broadcasting licensee, electronic program guide has the same meaning as in subclause 6(24) of Schedule 4.
(2E): For the purposes of the application of subclause (2C) to information provided to a national broadcaster, electronic program guide has the same meaning as in subclause 19(24) of Schedule 4.

70 At the end of subclause 18(2) of Schedule 3

Add:

(q): make or vary a digital channel plan under a scheme in force under clause 6 of Schedule 4; or
(r): make or vary a digital channel plan under a scheme in force under clause 19 of Schedule 4.

71 Clause 1 of Schedule 4

Omit "both analog mode and digital mode", substitute "both analog mode and SDTV digital mode".

72 Clause 1 of Schedule 4

Omit "High Definition Television (HDTV) format transmission of television programs in digital mode", substitute "quotas for the transmission of programs in HDTV digital mode".

73 Clause 1 of Schedule 4

After "1 January 2000", insert ", 1 January 2004".

73A Clause 2 of Schedule 4 (definition of broadcasting transmission tower )

Omit all the words after "used", substitute:

to supply:

(e): a broadcasting service by means of radiocommunications using the broadcasting services bands; or
(f): a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.

74 Clause 2 of Schedule 4 (definition of datacasting service )

Repeal the definition.

75 Clause 2 of Schedule 4

Insert:

designated teletext service means a teletext service provided by a commercial television broadcasting licensee, where:

(a): the licensee provided the service throughout the 2-year period ending immediately before the commencement of Schedule 6; and
(b): the service remains substantially the same as the service provided throughout that 2-year period.

76 Clause 2 of Schedule 4

Insert:

HDTV digital mode has the meaning given by clause 4A.

76AA Clause 2 of Schedule 4

Insert:

multi-channelled national television broadcasting service has the meaning given by clause 5A.

76A Clause 2 of Schedule 4

Insert:

national radio broadcasting service means a national broadcasting service that provides radio programs.

77 Clause 2 of Schedule 4

Insert:

SDTV digital mode has the meaning given by clause 4B.

78 Clause 2 of Schedule 4

Insert:

television broadcasting service means:

(a): a commercial television broadcasting service; or
(b): a national television broadcasting service.

79 After clause 4 of Schedule 4

Insert:

4A HDTV digital mode

For the purposes of this Schedule, a television program or a television broadcasting service is broadcast or transmitted in HDTV digital mode if the program or service is broadcast or transmitted in digital mode in a high definition format.

4B SDTV digital mode

For the purposes of this Schedule, a program or a television broadcasting service is broadcast or transmitted in SDTV digital mode if the program or service is broadcast or transmitted in digital mode in a standard definition format.

79A After clause 5 of Schedule 4

Insert:

5A Multi-channelled national television broadcasting service

(1): For the purposes of this Schedule, a broadcasting service is a multi-channelled national television broadcasting service if:

(a): the service provides television programs; and
(b): either:

(i): the service is provided by the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983 ; or
(ii): the service is provided by the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991 ; and

(c): the service is transmitted in digital mode using multi-channelling transmission capacity; and
(d): the only programs delivered by the service are programs to which subclause (2) applies; and
(e): the service is promoted as a service that is distinct from any other broadcasting service provided by the Corporation concerned; and
(f): the service is neither a subscription broadcasting service nor a subscription narrowcasting service; and
(g): the Corporation concerned has given the Minister a written notice electing that this subclause apply to the service; and
(h): if the Corporation concerned transmits the service in a particular coverage area:

(i): the Corporation transmits another broadcasting service in that coverage area; and
(ii): the other service is a national television broadcasting service; and
(iii): clause 19 applies to the other service during the simulcast period for that coverage area.

(2): This subclause applies to the following television programs:

(a): a program (including a news bulletin or a current affairs program) that deals wholly or principally with regional matters;
(b): an educational program;
(c): a science program;
(d): a religious program;
(e): a health program;
(f): an arts-related program;
(g): a culture-related program;
(h): a financial, market or business information bulletin;
(i): a program that consists of:

(i): the proceedings of, or the proceedings of a committee of, a Parliament; or
(ii): the proceedings of a court or tribunal in Australia; or
(iii): the proceedings of an official inquiry or Royal Commission in Australia; or
(iv): a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory;

(j): a public policy program;
(k): a foreign-language news bulletin;
(l): a program about community-based multicultural or indigenous activities;
(m): a children's program;
(n): a history program;
(o): a program that:

(i): is produced by the Australian Broadcasting Corporation; and
(ii): deals with international news (including analysis of items of international news);

(p): a national program about rural affairs;
(q): an information-only program;
(r): a stand-alone international social documentary;
(s): a stand-alone social documentary that is produced by the Special Broadcasting Service Corporation;
(t): a subtitled foreign-language program;
(u): an occasional stand-alone drama program;
(v): incidental matter.

(3): In this clause:

drama program has the same meaning as in section 103B.

educational program has the same meaning as in Schedule 6 (disregarding subclauses 3(2) to (7) (inclusive) of Schedule 6).

financial, market or business information bulletin has the same meaning as in Schedule 6.

foreign-language news bulletin means a news bulletin the audio component of which is wholly in a language other than English (for this purpose, disregard minor and infrequent uses of the English language).

incidental matter means:

(a): advertising or sponsorship matter (whether or not of a commercial kind); or
(b): a program promotion; or
(c): an announcement; or
(d): a hosting; or
(e): any other interstitial program.

information-only program has the same meaning as in Schedule 6 (disregarding subclauses 4(2) to (7) (inclusive) of Schedule 6).

public policy program means a program that consists of a lecture, speech, debate or forum, where:

(a): the lecture, speech, debate or forum deals wholly or principally with one or more matters of public policy; and
(b): there is no editing of the substance of the lecture, speech, debate or forum; and
(c): if there is any analysis, commentary or discussion about the substance of the lecture, speech, debate or forum—the analysis, commentary or discussion has a balanced presentation of points of view.

subtitled foreign-language program means a subtitled program the audio content of which is wholly in a language other than English (for this purpose, disregard minor and infrequent uses of the English language).

80 Paragraphs 6(3)(a), (b) and (c) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

81 Paragraph 6(3)(e) of Schedule 4

Repeal the paragraph, substitute:

(e): the objective that each additional channel should occupy 7 MHz of bandwidth;

82 Paragraph 6(3)(f) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

83 Paragraph 6(3)(h) of Schedule 4

Repeal the paragraph, substitute:

(h): the objective that, at the end of the simulcast period for a licence area, all transmissions of commercial television broadcasting services in analog mode in that area are to cease;
(ha): the objective that, after the end of the simulcast period for a licence area, each holder of a commercial television broadcasting licence for that area is to transmit the commercial television broadcasting service concerned in digital mode in that area using such channel or channels as the ABA allots under the scheme or a digital channel plan, having regard to:

(i): the need to plan the most efficient use of the spectrum; and
(ii): the other relevant policy objectives of the scheme;

84 Paragraph 6(3)(j) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

85 At the end of paragraph 6(3)(k) of Schedule 4

Add "provided under, and in accordance with the conditions of, datacasting licences".

85A At the end of subclause 6(3) of Schedule 4

Add:

; (n) the objective that, in allotting channels under the scheme or a digital channel plan, the ABA must have regard to:

(i): the need to plan the most efficient use of the spectrum; and
(ii): the other relevant policy objectives of the scheme.

86 After subclause 6(5) of Schedule 4

Insert:

(5A): If:

(a): the holder of a commercial television broadcasting licence holds another commercial television broadcasting licence; and
(b): the other licence was allocated under section 38A or 38B; and
(c): the licences relate to the same licence area (within the meaning of whichever of those sections is applicable); and
(d): at or about the time when the other licence was allocated, the holder gave the ABA a written notice electing that this subclause apply to both of the commercial television broadcasting services concerned;

then:

(e): paragraphs (3)(d), (e) and (ha) do not apply to either of the commercial television broadcasting services concerned; and
(f): Part A of the commercial television conversion scheme must be directed towards ensuring the achievement of the objectives set out in subclause (5B).

(5B): The objectives mentioned in paragraph (5A)(f) are as follows:

(a): the objective that, throughout the simulcast period for the licence area, the holder should be authorised, under one or more transmitter licences, to use one or more particular channels to transmit both of the commercial television broadcasting services concerned in digital mode in that area using multi-channelling transmission capacity on each channel;
(b): the objective that each channel should occupy 7 MHz of bandwidth;
(c): the objective that, after the end of the simulcast period for the licence area, the holder is to transmit both of the commercial television broadcasting services concerned in digital mode in that area using multi-channelling transmission capacity of a channel or channels allotted by the ABA under the scheme or a digital channel plan, having regard to:

(i): the need to plan the most efficient use of the spectrum; and
(ii): the other relevant policy objectives of the scheme.

(5C): Paragraphs (3)(c), (d), (e), (f), (h) and (j) do not apply to a commercial television broadcasting service provided under a licence allocated under section 38B.

: Note: Under section 38B, it is a condition of the licence that the service may only be transmitted in digital mode.

86A Before subclause 6(6) of Schedule 4

Insert:

(5D): For the purposes of paragraphs (3)(ha) and (n) and (5B)(c), in determining the most efficient use of the spectrum, the ABA is to have regard to:

(a): the need for spectrum to be made available for allocation for the purposes of the transmission of datacasting services under, and in accordance with the conditions of, datacasting licences; and
(b): such other matters as the ABA considers relevant.

87 After subclause 6(6) of Schedule 4

Insert:

Remote licence areas—start-up of digital transmission

(6A): Part B of the commercial television conversion scheme must be directed towards ensuring the achievement of the policy objective that each holder of a commercial television broadcasting licence for a remote licence area is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that area by such date as the ABA determines under the scheme.

88 Subclause 6(7) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

89 After subclause 6(7) of Schedule 4

Insert:

(7A): The simulcast period for a particular remote licence area:

(a): is to begin on the date determined in relation to that area in accordance with subclause (6A); and
(b): is to run for such period as the ABA determines under the scheme.

90 Subclause 6(8) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

91 At the end of subclause 6(8) of Schedule 4

Add:

(ca): ignore a particular item of category B digital program-enhancement content (as defined by subclause (15)), so long as the licensee does not transmit simultaneously any other item of category B digital program-enhancement content; and
(d): ignore a particular television program transmitted using multi-channelling transmission capacity, where:

(i): the program is a scheduled program that provides live coverage of a designated event (as defined by subclause (20)); and
(ii): the other television program broadcast using that multi-channelling transmission capacity is a regularly scheduled news program; and
(iii): the end of the designated event is delayed for reasons that are not within the control of the licensee or of the person (if any) who supplied the first-mentioned program to the licensee (either directly or indirectly through one or more interposed persons); and
(iv): the sole purpose of the use of the multi-channelling transmission capacity is to allow viewers of the SDTV version of the commercial television broadcasting service to choose between viewing the regularly scheduled news program and viewing so much of the designated event as overlaps the other television program; and

(e): ignore an electronic program guide (as defined by subclause (24)).

92 After subclause 6(8) of Schedule 4

Insert:

(8A): For the purposes of this Act (other than paragraph (3)(c) or subclauses (7), (8) and (11) of this clause or Division 2 of Part 4 of this Schedule) and any other law of the Commonwealth, if the holder of a commercial television broadcasting licence transmits matter that is required to be ignored by paragraph (8)(c), (d) or (e) of this clause, that matter is taken to be part of the commercial television broadcasting service concerned.

93 Subclause 6(11) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

94 At the end of clause 6 of Schedule 4

Add:

Digital program-enhancement content

(14): For the purposes of this clause, digital program-enhancement content is content:

(a): whether in the form of text; or
(b): whether in the form of data; or
(c): whether in the form of speech, music or other sounds; or
(d): whether in the form of visual images (animated or otherwise); or
(e): whether in any other form; or
(f): whether in any combination of forms;

where:

(g): the content is transmitted using a digital modulation technique; and
(h): the sole purpose of the transmission of the content is to enhance a television program (the primary program ); and
(i): the subject matter of the content is closely and directly linked to the subject matter of the primary program; and
(j): the licensee transmits simultaneously the content and the primary program; and
(k): either:

(i): the licensee transmits simultaneously the primary program in both analog mode and SDTV digital mode; or
(ii): the primary program is covered by a determination under subclause (9) or (10).

: Note: For example, if the primary program is live coverage of a tennis match, the digital program-enhancement content could consist of any or all of the following:

(a) the match from different camera angles;
(b) each player's results in past matches;
(c) video highlights from those past matches;
(d) each player's ranking and career highlights.

Designated event

(20): For the purposes of this clause, a designated event is:

(a): a sporting event; or
(b): a declared designated event (as defined by subclause (21)).

(21): The ABA may, by writing, determine that a specified event is a declared designated event for the purposes of this clause.

: Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

(22): A determination under subclause (21) has effect accordingly.
(23): A determination under subclause (21) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

Electronic program guide

(24): For the purposes of this clause, an electronic program guide is matter transmitted using a uniform digital modulation technique, where the matter consists of no more than:

(a): a schedule of the television programs provided by:

(i): the commercial television broadcasting service transmitting the matter; or
(ii): all of the commercial television broadcasting services and all of the national television broadcasting services; or

(b): a combination of:

(i): a schedule covered by paragraph (a); and
(ii): items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; or

(c): a combination of:

(i): a schedule covered by paragraph (a); and
(ii): a facility the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule; or

(d): a combination of:

(i): a schedule covered by paragraph (a); and
(ii): items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; and
(iii): a facility the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule.

95 After clause 7 of Schedule 4

Insert:

7A Scheme may confer power to make digital channel plans

(1): The commercial television conversion scheme may provide for the ABA to make one or more plans ( digital channel plans ) that:

(a): allot channels to holders of commercial television broadcasting licences; and
(b): set out any technical limitations on the use of a particular channel that the ABA believes should be shown in the plan; and
(c): set out whether the use of a channel depends on any event or circumstances described in the plan.

(2): The commercial television conversion scheme may provide that a digital channel plan may include other matters.
(3): The commercial television conversion scheme may provide for the ABA to vary a digital channel plan.

96 Subclauses 8(4), (5) and (6) of Schedule 4

Repeal the subclauses, substitute:

Return of spectrum at end of simulcast period

(4): If, at the end of the simulcast period for a licence area, the holder of a commercial television broadcasting licence for the area holds one or more transmitter licences that authorised the transmission of the commercial television broadcasting service concerned in that area, Part A of the commercial television conversion scheme must make provision for:

(a): requiring the holder to surrender the transmitter licence or licences, with effect from the end of the simulcast period; and
(b): requiring the ACA to issue, with effect from the end of the simulcast period, one or more transmitter licences that authorise the transmission of the commercial television broadcasting service concerned using the channel or channels mentioned in whichever of the following provisions is applicable:

(i): paragraph 6(3)(ha) of this Schedule;
(ii): paragraph 6(5B)(c) of this Schedule.

97 Paragraph 8(7)(a) of Schedule 4

Repeal the paragraph, substitute:

(a): the holder contravenes a standard under subclause 37(1) or 37A(1) or 37E(1) or (3); and

: Note: The heading to subclause 8(7) of Schedule 4 is altered by inserting " format and " after " if " .

98 Subclause 8(8) of Schedule 4

Omit "the licence that was surrendered as mentioned in that subclause", substitute "a licence that was surrendered on the grounds of a contravention of a standard under subclause 37A(1) or 37E(1) or (3)".

99 Subclause 8(9) of Schedule 4

Repeal the subclause.

100 Subclause 8(10) of Schedule 4

Omit all the words after "if the holder", substitute:

does not comply with:

(a): a specified requirement of that Part of the scheme; or
(b): a standard applicable to the holder under subclause 37B(1) or 37C(1) or 37G(1) or (2).

101 After subclause 8(10) of Schedule 4

Insert:

(10A): Subclause (10) does not prevent the commercial television conversion scheme from making provision for requiring the ACA to issue a transmitter licence to replace a licence that was surrendered on the grounds of a contravention of a standard under subclause 37C(1) or 37G(1) or (2). However, the amount of transmission capacity covered by the replacement licence must be less than the amount of transmission capacity covered by the surrendered licence.

102 Paragraphs 19(3)(a), (b) and (c) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

103 Paragraph 19(3)(e) of Schedule 4

Repeal the paragraph, substitute:

(e): the objective that each additional channel should occupy 7 MHz of bandwidth;

104 Paragraph 19(3)(f) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

105 Paragraph 19(3)(h) of Schedule 4

Repeal the paragraph, substitute:

(h): the objective that, at the end of the simulcast period for a coverage area, all transmissions of national television broadcasting services in analog mode in that area are to cease;
(ha): the objective that, after the end of the simulcast period for a coverage area, each national broadcaster is to transmit the national broadcasting service concerned in digital mode in that area using such channel or channels as the ABA allots under the scheme or a digital channel plan, having regard to:

(i): the need to plan the most efficient use of the spectrum; and
(ii): the other policy objectives of the scheme;

106 Paragraph 19(3)(j) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

107 At the end of paragraph 19(3)(k) of Schedule 4

Add "provided under, and in accordance with the conditions of, datacasting licences or for the purpose of the transmission of national radio broadcasting services".

107A At the end of subclause 19(3) of Schedule 4

Add:

; (n) the objective that, in allotting channels under the scheme or a digital channel plan, the ABA must have regard to:

(i): the need to plan the most efficient use of the spectrum; and
(ii): the other relevant policy objectives of the scheme.

107B Before subclause 19(6) of Schedule 4

Insert:

(5A): For the purposes of paragraphs (3)(ha) and (n), in determining the most efficient use of the spectrum, the ABA is to have regard to:

(a): the need for spectrum to be made available for allocation for the purposes of the transmission of datacasting services under, and in accordance with the conditions of, datacasting licences; and
(b): such other matters as the ABA considers relevant.

108 After subclause 19(6) of Schedule 4

Insert:

Remote coverage areas—start-up of digital transmission

(6A): Part B of the national television conversion scheme must be directed towards ensuring the achievement of the policy objective that each national broadcaster is required to commence transmitting the national television broadcasting service concerned in SDTV digital mode in a remote coverage area by such date as is ascertained in relation to that area in accordance with an implementation plan that was given by the broadcaster, and is in force, under clause 20.

109 Subclause 19(7) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

110 After subclause 19(7) of Schedule 4

Insert:

(7A): The simulcast period for a particular remote coverage area:

(a): is to begin on the date mentioned in subclause (6A); and
(b): is to end at the end of the simulcast period (within the meaning of subclause 6(7)) for the licence area that corresponds to that coverage area.

110A Before subclause 19(8) of Schedule 4

Insert:

Multi-channelled national television broadcasting services

(7B): This clause does not apply to a multi-channelled national television broadcasting service.

111 Subclause 19(8) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

112 At the end of subclause 19(8) of Schedule 4

Add:

(ca): ignore a particular item of category B digital program-enhancement content (as defined by subclause (15)), so long as the national broadcaster does not transmit simultaneously any other item of category B digital program-enhancement content; and
(d): ignore a particular television program transmitted using multi-channelling transmission capacity, where:

(i): the program is a scheduled program that provides live coverage of a designated event (as defined by subclause (20)); and
(ii): the other television program broadcast using that multi-channelling transmission capacity is a regularly scheduled news program; and
(iii): the end of the designated event is delayed for reasons that are not within the control of the national broadcaster or of the person (if any) who supplied the first-mentioned program to the national broadcaster (either directly or indirectly through one or more interposed persons); and
(iv): the sole purpose of the use of the multi-channelling transmission capacity is to allow viewers of the SDTV version of the national television broadcasting service to choose between viewing the regularly scheduled news program and viewing so much of the designated event as overlaps the other television program; and

(e): ignore an electronic program guide (as defined by subclause (24)).

113 After subclause 19(8) of Schedule 4

Insert:

(8A): For the purposes of this Act (other than paragraph (3)(c) or subclauses (7), (8) and (11) of this clause or Division 2 of Part 4 of this Schedule) and any other law of the Commonwealth, if a national broadcaster transmits matter that is required to be ignored by paragraph (8)(c), (d) or (e) of this clause, that matter is taken to be part of the national television broadcasting service concerned.

114 Subclause 19(11) of Schedule 4

Omit "digital mode", substitute "SDTV digital mode".

115 At the end of clause 19 of Schedule 4

Add:

Digital program-enhancement content

(14): For the purposes of this clause, digital program-enhancement content is content:

(a): whether in the form of text; or
(b): whether in the form of data; or
(c): whether in the form of speech, music or other sounds; or
(d): whether in the form of visual images (animated or otherwise); or
(e): whether in any other form; or
(f): whether in any combination of forms;

where:

(g): the content is transmitted using a digital modulation technique; and
(h): the sole purpose of the transmission of the content is to enhance a television program (the primary program ); and
(i): the subject matter of the content is closely and directly linked to the subject matter of the primary program; and
(j): the national broadcaster transmits simultaneously the content and the primary program; and
(k): either:

(i): the national broadcaster transmits simultaneously the primary program in both analog mode and SDTV digital mode; or
(ii): the primary program is covered by a determination under subclause (9) or (10).

: Note: For example, if the primary program is live coverage of a tennis match, the digital program-enhancement content could consist of any or all of the following:

(a) the match from different camera angles;
(b) each player's results in past matches;
(c) video highlights from those past matches;
(d) each player's ranking and career highlights.

Designated event

(20): For the purposes of this clause, a designated event is:

(a): a sporting event; or
(b): a declared designated event (as defined by subclause (21)).

(21): The ABA may, by writing, determine that a specified event is a declared designated event for the purposes of this clause.

: Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

(22): A determination under subclause (21) has effect accordingly.
(23): A determination under subclause (21) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

Electronic program guide

(24): For the purposes of this clause, an electronic program guide is matter transmitted using a uniform digital modulation technique, where the matter consists of no more than:

(a): a schedule of the television programs provided by:

(i): the national television broadcasting service transmitting the matter; or
(ii): all of the commercial television broadcasting services and all of the national television broadcasting services; or

(b): a combination of:

(i): a schedule covered by paragraph (a); and
(ii): items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; or

(c): a combination of:

(i): a schedule covered by paragraph (a); and
(ii): a facility the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule; or

(d): a combination of:

(i): a schedule covered by paragraph (a); and
(ii): items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; and
(iii): a facility the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule.

115A After subclause 20(1) of Schedule 4

Insert:

(1A): Subclause (1) does not apply to a multi-channelled national television broadcasting service.

116 After clause 22 of Schedule 4

Insert:

22A Scheme may confer power to make digital channel plans

(1): The national television conversion scheme may provide for the ABA to make one or more plans ( digital channel plans ) that:

(a): allot channels to national broadcasters; and
(b): set out any technical limitations on the use of a particular channel that the ABA believes should be shown in the plan; and
(c): set out whether the use of a channel depends on any event or circumstances described in the plan.

(2): The national television conversion scheme may provide that a digital channel plan may include other matters.
(3): The national television conversion scheme may provide for the ABA to vary a digital channel plan.

117 Subclauses 23(4), (5) and (6) of Schedule 4

Repeal the subclauses, substitute:

Return of spectrum at end of simulcast period

(4): If, at the end of the simulcast period for a coverage area, a national broadcaster holds one or more transmitter licences that authorised the transmission of the national television broadcasting service concerned in that area, Part A of the national television conversion scheme must make provision for:

(a): requiring the national broadcaster to surrender the licence or licences, with effect from the end of the simulcast period; and
(b): requiring the ACA to issue, with effect from the end of the simulcast period, one or more transmitter licences that authorise the transmission of the national broadcasting service concerned using the channel or channels mentioned in paragraph 19(3)(ha) of this Schedule.

118 Paragraph 23(7)(a) of Schedule 4

Repeal the paragraph, substitute:

(a): the national broadcaster contravenes a standard under subclause 37(1) or 37A(1) or 37F(1) or (3); and

: Note: The heading to subclause 23(7) of Schedule 4 is altered by inserting " format and " after " if " .

119 Subclause 23(8) of Schedule 4

120 Subclause 23(9) of Schedule 4

Repeal the subclause.

121 Subclause 23(10) of Schedule 4

Omit all the words after "if the national broadcaster", substitute:

does not comply with:

(a): a specified requirement of that Part of the scheme; or
(b): a standard applicable to the national broadcaster under subclause 37B(1) or 37C(1) or 37H(1) or (2).

122 After subclause 23(10) of Schedule 4

Insert:

(10A): Subclause (10) does not prevent the national television conversion scheme from making provision for requiring the ACA to issue a transmitter licence to replace a licence that was surrendered on the grounds of a contravention of a standard under subclause 37C(1) or 37H(1) or (2). However, the amount of transmission capacity covered by the replacement licence must be less than the amount of transmission capacity covered by the surrendered licence.

123 Clause 35 of Schedule 4

Repeal the clause, substitute:

35 Simulcasting requirements

(1): If there is a simulcast period for a coverage area, a national broadcaster must not broadcast a television program in SDTV digital mode in that area during the simulcast period for that area unless the program is broadcast simultaneously by the national broadcaster in analog mode in that area.
(2): Subclause 19(8) applies to this clause in a corresponding way to the way in which it applies to paragraph 19(3)(c) of this Schedule and subclause 19(7) of this Schedule.
(3): This clause does not apply to a multi-channelled national television broadcasting service.

123A Before clause 36 of Schedule 4

Insert:

35A Provision of electronic program guide information

(1): Each national broadcaster must provide information to a commercial television broadcasting licensee:

(a): in a timely manner; and
(b): at no cost; and
(c): in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;

if required to do so by that licensee for the purpose of compiling information for an electronic program guide.

(2): Each national broadcaster must provide information to the other national broadcaster:

(a): in a timely manner; and
(b): at no cost; and

(c): in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;

if required to do so by that other national broadcaster for the purpose of compiling information for an electronic program guide.

(3): For the purposes of the application of subclause (1) to information provided to a commercial television broadcasting licensee, electronic program guide has the same meaning as in subclause 6(24).
(4): For the purposes of the application of subclause (2) to information provided to a national broadcaster, electronic program guide has the same meaning as in subclause 19(24) of Schedule 4.

124 Subclause 36(2) of Schedule 4

Repeal the subclause.

125 Clause 36A of Schedule 4

Repeal the clause.

125A After Part 3 of Schedule 4

Insert:

Part 3A—Accessibility of domestic reception equipment

36B Accessibility of domestic reception equipment

(1): The regulations may provide that a designated person must not:

(a): provide domestic reception equipment; or
(b): enter into an agreement, arrangement or understanding in relation to the provision of domestic reception equipment;

unless the equipment is accessible by:

(c): each commercial television broadcasting service; and
(d): each national television broadcasting service; and
(e): each datacasting service provided under, and in accordance with the conditions of, a datacasting licence.

(2): In this clause:

designated person means:

(a): the holder of a commercial television broadcasting licence; or
(b): a national broadcaster; or
(c): the holder of a datacasting licence; or
(d): the holder of a datacasting transmitter licence.

reception equipment means equipment that is capable of receiving either or both of the following:

(a): a television broadcasting service transmitted in digital mode;
(b): a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.

36C Compliance by national broadcasters

A national broadcaster must comply with any regulations made for the purposes of clause 36B.

: Note 1: For compliance by holders of commercial television broadcasting licences, see clause 7 of Schedule 2.

126 Clause 37 of Schedule 4

Repeal the clause, substitute:

Division 1—Digital television format standards 37 Non-remote areas—SDTV format standards

(1): The regulations may determine standards that are to be observed by:

(a): commercial television broadcasting licensees; and
(b): national broadcasters;

in relation to the format in which television programs are to be transmitted in SDTV digital mode.

(2): Subclause (1) applies in relation to the transmission of a commercial television broadcasting service in a licence area that is not a remote licence area, where that service is transmitted in digital mode in that area.
(3): Subclause (1) applies in relation to the transmission of a national television broadcasting service in a coverage area that is not a remote coverage area, where that service is transmitted in digital mode in that area.

37A Non-remote areas—HDTV format standards

(1): The regulations may determine standards that are to be observed by:

(a): commercial television broadcasting licensees; and
(b): national broadcasters;

in relation to the format in which television programs are to be transmitted in HDTV digital mode.

(2): Subclause (1) applies in relation to the transmission of a commercial television broadcasting service in a licence area that is not a remote licence area, where:

(a): that service is transmitted in digital mode in that area; and
(b): that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8).

(3): Subclause (1) applies in relation to the transmission of a national television broadcasting service in a coverage area that is not a remote coverage area, where:

(a): that service is transmitted in digital mode in that area; and
(b): that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(8).

37B Remote areas—SDTV format standards

(1): The regulations may determine standards that are to be observed by:

(a): commercial television broadcasting licensees; and
(b): national broadcasters;

in relation to the format in which television programs are to be transmitted in SDTV digital mode.

(2): Subclause (1) applies in relation to the transmission of a commercial television broadcasting service in a remote licence area, where that service is transmitted in digital mode in that area.
(3): Subclause (1) applies in relation to the transmission of a national television broadcasting service in a remote coverage area, where that service is transmitted in digital mode in that area.

37C Remote areas—HDTV format standards

(1): The regulations may determine standards that are to be observed by:

(a): commercial television broadcasting licensees; and
(b): national broadcasters;

in relation to the format in which television programs are to be transmitted in HDTV digital mode.

(2): Subclause (1) applies in relation to the transmission of a commercial television broadcasting service in a remote licence area, where:

(a): that service is transmitted in digital mode in that area; and
(b): that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(10A).

(3): Subclause (1) applies in relation to the transmission of a national television broadcasting service in a remote coverage area, where:

(a): that service is transmitted in digital mode in that area; and
(b): that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(10A).

37D Compliance by national broadcasters

A national broadcaster must comply with a standard under this Division that is applicable to the broadcaster.

: Note: For compliance by licensees, see clause 7 of Schedule 2.

Division 2—HDTV quota standards 37E Non-remote areas—HDTV quotas for commercial television broadcasting licensees

(1): The regulations must determine standards that require each commercial television broadcasting licensee:

(a): in addition to transmitting a version of the commercial television broadcasting service concerned in SDTV digital mode in the licence area concerned, to transmit another version (the HDTV version ) of the service in digital mode in that area; and
(b): to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode on the HDTV version of that service in that area; and
(c): if the licence was not allocated under section 38B—to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as:

(i): a program (the analog program ) that is transmitted simultaneously by the licensee on that service in analog mode in that area and that is not covered by a determination under subclause 6(9) or (10); or
(ii): a program (the SDTV program ) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area and that is covered by a determination under subclause 6(9) or (10); and

(d): if the licence was allocated under section 38B—to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as a program (the SDTV program ) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area.

(2): Standards made for the purposes of subclause (1) must be directed towards ensuring the achievement of the following policy objectives:

(a): the objective that the transmission mentioned in paragraph (1)(a) is to commence:

(i): as soon as practicable after the licensee begins to transmit the commercial television broadcasting service concerned in SDTV mode in that area; and
(ii): in any event, within the 2-year period beginning when the licensee is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that area;

(b): the objective that, after the end of that 2-year period, each holder of a commercial television broadcasting licence for a licence area is required to transmit at least 20 hours per week of high-definition television programs in HDTV digital mode in that area on the HDTV version of the commercial television broadcasting service concerned.

Prime viewing hours quotas

(3): The regulations may determine standards that require commercial television broadcasting licensees to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode in prime viewing hours on the HDTV version of the commercial television broadcasting service concerned.

Application

(4): Subclauses (1), (2) and (3) apply in relation to the transmission of a commercial television broadcasting service in a licence area that is not a remote licence area, where:

(a): that service is transmitted in digital mode in that area; and
(b): that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8); and
(c): that service is not the subject of an election under subclause 6(5A).

: Note 1: For high-definition television program , see clause 37L.

37F Non-remote areas—HDTV quotas for national broadcasters

(1): The regulations must determine standards that require each national broadcaster:

(a): in addition to transmitting a version of the national television broadcasting service concerned in SDTV digital mode in the coverage area concerned, to transmit another version (the HDTV version ) of the service in digital mode in that area; and
(b): to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode on the HDTV version of that service in that area; and
(c): to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as:

(i): a program (the analog program ) that is transmitted simultaneously by the broadcaster on that service in analog mode in that area and that is not covered by a determination under subclause 19(9) or (10); or
(ii): a program (the SDTV program ) that is transmitted simultaneously by the broadcaster on that service in SDTV digital mode in that area and that is covered by a determination under subclause 19(9) or (10).

(2): Standards made for the purposes of subclause (1) must be directed towards ensuring the achievement of the following policy objectives:

(a): the objective that the transmission mentioned in paragraph (1)(a) is to commence:

(i): as soon as practicable after the broadcaster begins to transmit the national television broadcasting service concerned in SDTV mode in that area; and
(ii): in any event, within the 2-year period beginning when the broadcaster is required to commence transmitting the national television broadcasting service concerned in SDTV digital mode in that area;

(b): the objective that, after the end of that 2-year period each national broadcaster is required to transmit at least 20 hours per week of high-definition television programs in HDTV digital mode in a coverage area on the HDTV version of the national television broadcasting service concerned.

Prime viewing hours quotas

(3): The regulations may determine standards that require national broadcasters to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode in prime viewing hours on the HDTV version of the national television broadcasting service concerned.

Application

(4): Subclauses (1), (2) and (3) apply in relation to the transmission of a national television broadcasting service in a coverage area that is not a remote coverage area, where:

(a): that service is transmitted in digital mode in that area; and
(b): that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(8); and
(c): that service is not a multi-channelled national television broadcasting service.

: Note 1: For high-definition television program , see clause 37L.

37G Remote areas—HDTV quotas for commercial television broadcasting licensees

(1): The regulations may determine standards that require each commercial television broadcasting licensee:

(a): in addition to transmitting a version of the commercial television broadcasting service concerned in SDTV digital mode in the licence area concerned, to transmit another version (the HDTV version ) of the service in digital mode in that area; and
(b): to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode on the HDTV version of that service in that area; and
(c): if the licence was not allocated under section 38B—to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as:

(i): a program (the analog program ) that is transmitted simultaneously by the licensee on that service in analog mode in that area and that is not covered by a determination under subclause 6(9) or (10); or
(ii): a program (the SDTV program ) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area and that is covered by a determination under subclause 6(9) or (10); and

(d): if the licence was allocated under section 38B—to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as a program (the SDTV program ) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area.

Prime viewing hours quotas

(2): The regulations may determine standards that require commercial television broadcasting licensees to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode in prime viewing hours on the HDTV version of the commercial television broadcasting service concerned.

Application

(3): Subclauses (1) and (2) apply in relation to the transmission of a commercial television broadcasting service in a remote licence area, where:

(a): that service is transmitted in digital mode in that area; and
(b): that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(10A).

: Note 1: For high-definition television program , see clause 37L.

37H Remote areas—HDTV quotas for national broadcasters

(1): The regulations may determine standards that require each national broadcaster:

(a): in addition to transmitting a version of the national television broadcasting service concerned in SDTV digital mode in the coverage area concerned, to transmit another version (the HDTV version ) of the service in digital mode in that area; and
(b): to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode on the HDTV version of that service in that area; and
(c): to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as:

(i): a program (the analog program ) that is transmitted simultaneously by the broadcaster on that service in analog mode in that area and that is not covered by a determination under subclause 19(9) or (10); or
(ii): a program (the SDTV program ) that is transmitted simultaneously by the broadcaster on that service in SDTV digital mode in that area and that is covered by a determination under subclause 19(9) or (10).

Prime viewing hours quotas

(2): The regulations may determine standards that require national broadcasters to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode in prime viewing hours on the HDTV version of the national television broadcasting service concerned.
(3): Subclauses (1) and (2) apply in relation to the transmission of a national television broadcasting service in a remote coverage area, where:

(a): that service is transmitted in digital mode in that area; and
(b): that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(10A); and
(c): that service is not a multi-channelled national television broadcasting service.

: Note 1: For high-definition television program , see clause 37L.

37J HDTV version

To avoid doubt, a HDTV version of a commercial television broadcasting service or of a national television broadcasting service need not transmit all of the television programs that are broadcast on the version of the service that is transmitted in SDTV digital mode.

: Note: For example, a HDTV version of a particular service could consist of programs transmitted in HDTV digital mode. In such a case, receivers would pick up the remaining programs from the version of the service that is transmitted in SDTV digital mode.

37K Compliance by national broadcasters

A national broadcaster must comply with a standard under this Division that is applicable to the broadcaster.

: Note: For compliance by licensees, see clause 7 of Schedule 2.

37L High-definition television programs

(1): For the purposes of the application of this Division to a commercial television broadcasting licensee, a high-definition television program is:

(a): a television program that was originally produced in a high-definition digital video format; or
(b): a television program that:

(i): was originally produced in a non-video format (for example, 16 mm or 35 mm film) that was of equivalent picture quality to a high-definition digital video format; and
(ii): has been converted to a high-definition digital video format;

where the conversion has not resulted in a significant reduction in picture quality.

(2): For the purposes of the application of this Division to a national broadcaster, a high-definition television program is:

(a): a television program that was originally produced in a high-definition digital video format; or
(b): a television program that:

(i): was originally produced in a non-video format (for example, 16 mm or 35 mm film) that was of equivalent picture quality to a high-definition digital video format; and
(ii): has been converted to a high-definition digital video format;

(c): a television program that:

(i): was originally produced in a standard definition digital video format; and
(ii): has been converted to a high-definition digital video format; or

(d): a television program that:

(i): was originally produced in an analog video format; and
(ii): has been converted to a standard definition digital video format;

where the converted program was subsequently converted to a high-definition digital video format.

37M Prime viewing hours

For the purposes of this Division, prime viewing hours are the hours:

(a): beginning at 6 pm each day or, if another time is prescribed, beginning at that prescribed time each day; and
(b): ending at 10.30 pm on the same day or, if another time is prescribed, ending at that prescribed time on the same day.

Division 3—Captioning standards

127 After subclause 38(4) of Schedule 4

Insert:

(4A): Subclause (4) has effect subject to subclause (4B).

128 Before subclause 38(5) of Schedule 4

Insert:

(4B): Standards under subclause (1) must not require the provision of a captioning service for:

(a): a television program, or a part of a television program, that is wholly in a language other than English; or
(b): a television program, or a part of a television program, the audio component of which consists only of music that has no human vocal content that is recognisable as being in the English language; or
(c): so much of the audio component of a television program as consists of incidental or background music.

(4C): For the purposes of paragraphs (4B)(a) and (b), disregard minor and infrequent uses of the English language.

129 After clause 38 of Schedule 4

Insert:

Division 4—Technical standards

130 Subclause 39(2) of Schedule 4

Repeal the subclause, substitute:

(2): Standards under subclause (1), to the extent that they deal with conditional access systems, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those systems should be open to all providers of eligible datacasting services.
(2AA): Standards under subclause (1), to the extent that they deal with application program interfaces, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those interfaces should be open to all providers of eligible datacasting services.
(2A): For the purposes of this clause, an eligible datacasting service is:

(a): a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or
(b): a television broadcasting service transmitted in digital mode using the broadcasting services bands.

131 Subclause 39(5) of Schedule 4 (definition of conditional access system )

Repeal the definition, substitute:

conditional access system means a conditional access system that:

(a): relates to the provision of one or more eligible datacasting services; and
(b): allows a provider of an eligible datacasting service to determine whether an end-user is able to receive a particular eligible datacasting service.

131A Subclause 39(5) of Schedule 4

Insert:

application program interface has the meaning generally accepted within the broadcasting industry.

132 Clause 40 of Schedule 4

Repeal the clause.

133 Before clause 41 of Schedule 4

Insert:

Division 5—Miscellaneous

134 Clause 41A of Schedule 4

Repeal the clause.

134A Clause 42 of Schedule 4

After "a broadcasting transmission tower" (wherever occurring), insert "or a designated associated facility".

134B Clause 42 of Schedule 4

Omit "tower, and the site of the tower, for the purpose of installing or maintaining a transmitter for use in transmitting television broadcasting services in digital mode", substitute "tower or facility".

134C Clause 42 of Schedule 4

Omit "tower, and the site of the tower, for the purpose of installing or maintaining a transmitter for use in transmitting datacasting services in digital mode", substitute "tower or facility".

134D At the end of clause 42 of Schedule 4

Add:

* The owner or operator of a broadcasting transmission tower must provide:

(a) the holder of a commercial television broadcasting licence; or
(b) a national broadcaster;

with access to the site of the tower.

* The owner or operator of a broadcasting transmission tower must provide a datacaster with access to the site of the tower.

135 Clause 43 of Schedule 4 (definition of datacaster )

Repeal the definition, substitute:

datacaster means a person who holds a datacasting transmitter licence.

136 Clause 43 of Schedule 4

Insert:

datacasting transmitter licence does not include an authorisation under section 114 of the Radiocommunications Act 1992 .

136A Clause 43 of Schedule 4

Insert:

designated associated facility has the meaning given by clause 43A.

136B Clause 43 of Schedule 4 (definition of facility )

Omit "or a line", substitute ", a line or an electricity cable or wire".

136C Clause 43 of Schedule 4 (definition of television broadcasting service )

Repeal the definition.

136D After clause 43 of Schedule 4

Insert:

43A Designated associated facilities

For the purposes of this Part, a designated associated facility means any of the following facilities:

(a): an antenna;
(b): a combiner;
(c): a feeder system;
(d): a facility of a kind specified in the regulations;

where:

(e): the facility is, or is to be, associated with a transmitter; and
(f): the facility is used, or capable of being used, in connection with:

(i): the transmission of a television broadcasting service in digital mode; or
(ii): the provision of datacasting services in digital mode.

136E At the end of clause 44 of Schedule 4

Add:

(3): For the purposes of this Part, giving access to a designated associated facility includes:

(a): replacing the facility with another facility located on the same site and giving access to the replacement facility; or
(b): giving access to a service provided by means of the designated associated facility.

136F After clause 45 of Schedule 4

Insert:

45A Access to designated associated facilities

(1): This clause applies to a designated associated facility if the facility is situated on, at, in or under:

(a): a broadcasting transmission tower; or
(b): the site on which a broadcasting transmission tower is situated.

Television broadcasting services in digital mode

(2): The owner or operator of the designated associated facility must, if requested to do so by the holder of a commercial television broadcasting licence (the access seeker ), or a national broadcaster (also called the access seeker ), give the access seeker access to the facility.
(3): The owner or operator of the designated associated facility is not required to comply with subclause (2) unless:

(a): the access is provided for the sole purpose of enabling the access seeker to use the facility, or a service provided by means of the facility, wholly or principally in connection with the transmission of the access seeker's television broadcasting service in digital mode; and
(b): the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.

Datacasting services in digital mode

(4): The owner or operator of the designated associated facility must, if requested to do so by a datacaster (the access seeker ), give the access seeker access to the facility.
(5): The owner or operator of the designated associated facility is not required to comply with subclause (4) unless:

(a): the access is provided for the sole purpose of enabling the access seeker to use the facility, or a service provided by means of the facility, wholly or principally in connection with the provision of datacasting services in digital mode; and
(b): the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.

Compliance not technically feasible

(6): The owner or operator of a designated associated facility is not required to comply with subclause (2) or (4) if there is in force a written certificate issued by the ABA stating that, in the ABA's opinion, compliance with subclause (2) or (4), as the case may be, in relation to that facility is not technically feasible.
(7): In determining whether compliance with subclause (2) or (4) in relation to a facility is technically feasible, the ABA must have regard to:

(a): whether compliance is likely to result in significant difficulties of a technical or engineering nature; and
(b): whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, a facility situated on the site; and
(c): if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):

(i): changing the configuration or operating parameters of a facility situated on the site; and
(ii): making alterations to a facility situated on the site; and

(d): such other matters (if any) as the ABA considers relevant.

Issue of certificate

(8): If the ABA receives a request to make a decision about the issue of a certificate under subclause (6), the ABA must use its best endeavours to make that decision within 10 business days after the request was made.

Exemptions

(9): The regulations may provide for exemptions from subclauses (2) and (4).
(10): Regulations made for the purposes of subclause (9) may make provision with respect to a matter by conferring on the ACCC a power to make a decision of an administrative character.

136G After subclause 47(1) of Schedule 4

Insert:

Access to designated associated facilities

(1A): The owner or operator of a designated associated facility must comply with subclause 45A(2) or (4) on such terms and conditions as are:

(a): agreed between the following parties:

(i): the owner or operator;
(ii): the access seeker (within the meaning of that subclause); or

(b): failing agreement, determined by an arbitrator appointed by the parties.

If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.

136H At the end of subclause 48(4) of Schedule 4

Add ", to the extent to which the Code relates to the provision of access under clause 45 or 46".

136J After subclause 48(4) of Schedule 4

Insert:

(4A): The owner or operator of a designated associated facility must comply with the Code, to the extent to which the Code relates to the provision of access under clause 45A.

137 After subclause 53(2) of Schedule 4

Insert:

(2A): The report must be directed towards ensuring the achievement of the policy objective that only datacasting services that:

(a): are authorised by datacasting licences; and
(b): are not designated teletext services;

are to be taken into account in calculating the amount of charge.

137A After clause 59 of Schedule 4

Insert:

59A Reviews before 31 October 2000

(1): Before 31 October 2000, the Minister must cause to be conducted a review of the following matters:

(a): whether the ABA has sufficient powers to allow the most efficient use of the broadcasting services bands spectrum (including for the purposes of promoting the availability to audiences and users throughout Australia of a diverse range of datacasting services provided under, and in accordance with the conditions of, datacasting licences);
(b): if those powers are insufficient, what additional powers should be provided for in laws of the Commonwealth.

(2): The Minister must ensure that, in the conduct of a review under subclause (1), provision is made for:

(a): public consultation; and
(b): consultation with national broadcasters; and
(c): consultation with holders of commercial television broadcasting licences.

(3): The Minister must cause to be prepared a report of a review under subclause (1).
(4): The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.
(5): For the purposes of this clause, in determining the meaning of the expressions datacasting service and datacasting licence , it is to be assumed that all of the amendments made by the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 had commenced at the commencement of this clause.

137AA Subclause 60(1) of Schedule 4

Omit "31 December 2005", substitute "1 January 2005".

: Note: The heading to clause 60 of Schedule 4 is altered by omitting " 31 December 2005 " and substituting " 1 January 2005 ".

137AB Paragraph 60(1)(b) of Schedule 4

Repeal the paragraph, substitute:

(b): whether paragraph 7(1)(m) of Schedule 2 (which deals with simulcast requirements for commercial television broadcasting licensees) should be amended or repealed;

137B Paragraph 60(1)(d) of Schedule 4

Repeal the paragraph.

138 At the end of subclause 60(1) of Schedule 4

Add:

; (g) whether the following provisions (which deal with additional commercial television broadcasting licences) should be amended or repealed:

(i): section 28A;
(ii): section 38A;
(iii): section 38B;
(iv): section 73;
(v): section 73A;
(vi): subclauses 6(5A), (5B) and (5C) of this Schedule;
(vii): paragraph 37E(1)(d) of this Schedule;
(viii): paragraph 37E(4)(c) of this Schedule;
(ix): paragraph 37G(1)(d) of this Schedule;

(h): the competitive and regulatory arrangements that should apply to the operation of a radiocommunications transmitter on or after 1 January 2007 for transmitting a datacasting service under a datacasting transmitter licence, where:

(i): there is in force a licence (other than a datacasting licence) allocated by the ABA under this Act authorising the provision of that service; or
(ii): that service is provided in accordance with a class licence;

(i): the arrangements that should apply in relation to revenue to be raised by the Commonwealth (whether by way of taxation or otherwise) in connection with the operation of a radiocommunications transmitter on or after 1 January 2007 for transmitting a datacasting service under a datacasting transmitter licence, where:

(i): there is in force a licence (other than a datacasting licence) allocated by the ABA under this Act authorising the provision of that service; or
(ii): that service is provided in accordance with a class licence;

(j): the conditions that should apply to commercial television broadcasting licences on or after 1 January 2007 for the provision of commercial television broadcasting services;
(k): the viability of creating an indigenous television broadcasting service and the regulatory arrangements that should apply to the digital transmission of such a service using spectrum in the broadcasting services bands.

138A After subclause 60(1) of Schedule 4

Insert:

(1A): A review under subclause (1) of a matter referred to in paragraph (1)(h) or (i) is to be conducted on the basis that, if the licence referred to in subparagraph (1)(h)(i) or (i)(i) is a commercial television broadcasting licence, the licensee should, on and after 1 January 2007, be treated in the same way as persons who held commercial television broadcasting licences immediately before that date, in relation to:

(a): the duration of related transmitter licences; and
(b): fees under the Television Licence Fees Act 1964 .

139 After clause 60 of Schedule 4

Insert:

60A Reviews before 1 January 2004

(1): Before 1 January 2004, the Minister must cause to be conducted a review of the following matters:

(a): whether Division 2 of Part 4 of this Schedule (which deals with HDTV quotas) should be amended or repealed;
(b): the regulatory arrangements that should apply to:

(i): the transmission of television programs by commercial television broadcasting licensees in HDTV digital mode in remote licence areas; and
(ii): the transmission of television programs by national broadcasters in HDTV digital mode in remote coverage areas.

(2): The Minister must cause to be prepared a report of a review under subclause (1).
(3): The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

60B Review before 1 January 2006

(1): Before 1 January 2006, the Minister must cause to be conducted a review of the content of any regulations made for the purposes of paragraph 6(3)(c) of this Schedule (which deals with the duration of the simulcast period).
(2): The Minister must cause to be prepared a report of a review under subclause (1).
(3): The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

60C Review before 1 January 2002

(1): Before 1 January 2002, the Minister must cause to be conducted a review of the regulatory arrangements that should apply to the digital transmission of community television broadcasting services using spectrum in the broadcasting services bands and how access to spectrum should be provided free of charge.
(2): The Minister must cause to be prepared a report of a review under subclause (1).
(3): The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

139A Paragraph 61(1)(c) of Schedule 4

Insert ", 45A(6)" before "or 46(5)".

139B At the end of paragraph 62(1)(c) of Schedule 4

Add "or (10A)".

139C At the end of paragraph 62(3)(b) of Schedule 4

Add "or (10A)".

139D Subclause 62(5) of Schedule 4

Insert ", 45A(6)" before "or 46(5)".

139E At the end of clause 62 of Schedule 4

Add:

(9): An application may be made to the AAT for a review of a decision of the ABA to refuse to issue a certificate under subclause 45A(6).
(10): An application under subclause (9) may only be made by the owner or operator of the designated associated facility concerned.

140 At the end of the Act

Add:

Schedule 6—Datacasting services

: Note: See section 216C.

Part 1—Introduction

1 Simplified outline

The following is a simplified outline of this Schedule:

* This Schedule sets up a system for regulating the provision of datacasting services.

* Datacasting service providers must hold datacasting licences.

* Datacasting content will be subject to restrictions. Those restrictions are designed to encourage datacasting licensees to provide a range of innovative services that are different to traditional broadcasting services.

* The main restrictions on datacasting content are as follows:

(a) restrictions on the provision of certain genres of television programs;
(b) restrictions on the provision of audio content.

* Datacasting licensees will be allowed to provide the following types of content:

(a) information-only programs (including matter that enables people to carry out transactions);
(b) educational programs;
(c) interactive computer games;
(d) content in the form of text or still visual images;
(e) Parliamentary broadcasts;
(f) ordinary electronic mail;
(g) Internet content.

* A group that represents datacasting licensees may develop codes of practice.

* The ABA has a reserve power to make a standard if there are no codes of practice or if a code of practice is deficient.

* The ABA is to investigate complaints about datacasting licensees.

2 Definitions

(1): In this Schedule, unless the contrary intention appears:

advertising or sponsorship material means advertising or sponsorship material (whether or not of a commercial kind).

Classification Board means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995 .

compilation program means a program that consists of video clips or other matter edited together to form a structured program, where there is a heavy emphasis on entertainment value.

declared Internet carriage service has the meaning given by clause 23B.

drama program has the same meaning as in section 103B.

educational program has the meaning given by clause 3.

engage in conduct (except in clause 55 or 56) means:

(a): do an act; or
(b): omit to perform an act.

financial, market or business information bulletin means a bulletin the sole or dominant purpose of which is to provide information, analysis, commentary or discussion in relation to financial, market or business matters.

foreign-language news bulletin has the meaning given by clause 5.

information-only program has the meaning given by clause 4.

infotainment or lifestyle program means a program the sole or dominant purpose of which is to present factual information in an entertaining way, where there is a heavy emphasis on entertainment value.

interactive computer game means a computer game, where:

(a): the way the game proceeds, and the result achieved at various stages of the game, is determined in response to the decisions, inputs and direct involvement of the player; and
(b): a part of the software that enables end-users to play the game is under the control of the datacasting licensee concerned.

Internet carriage service has the same meaning as in Schedule 5, but does not include a service that transmits content that has been copied from the Internet, where the content is selected by the datacasting licensee concerned.

music program means a program the sole or dominant purpose of which is to provide:

(a): music with video clips; or
(b): video footage of musical performances;

or both.

news or current affairs program means any of the following:

(a): a news bulletin;
(b): a sports news bulletin;
(c): a program (whether presenter-based or not) whose sole or dominant purpose is to provide analysis, commentary or discussion principally designed to inform the general community about social, economic or political issues of current relevance to the general community.

nominated datacaster declaration means a declaration under clause 45.

ordinary electronic mail does not include a posting to a newsgroup.

qualified entity means:

(a): a company that:

(i): is formed in Australia or in an external Territory; and
(ii): has a share capital; or

(b): the Commonwealth, a State or a Territory; or
(c): the Australian Broadcasting Corporation; or
(d): the Special Broadcasting Service Corporation; or
(e): any other body corporate established for a public purpose by a law of the Commonwealth or of a State or Territory.

"reality television" program means a program the sole or dominant purpose of which is to depict actual, contemporary events, people or situations in a dramatic or entertaining way, where there is a heavy emphasis on dramatic impact or entertainment value.

related body corporate has the same meaning as in the Corporations Law.

sports program means a program the sole or dominant purpose of which is to provide:

(a): coverage of one or more sporting events; or
(b): analysis, commentary or discussion in relation to one or more sporting events;

or both, but does not include a sports news bulletin.

transmitter licence has the same meaning as in the Radiocommunications Act 1992 .

(2): In determining the meaning of an expression used in a provision of this Act (other than this Schedule), this clause is to be disregarded.

3 Educational programs

(1): For the purposes of this Schedule, an educational program is matter, where, having regard to:

(a): the substance of the matter; and
(b): the way in which the matter is advertised or promoted; and
(c): any other relevant matters;

it would be concluded that the sole or dominant purpose of the matter is to assist a person in education or learning, whether or not in connection with a course of study or instruction.

(2): Subclause (1) has effect subject to subclauses (3) and (4).

ABA determinations

(3): The ABA may make a written determination providing that, for the purposes of this Schedule, specified matter is taken to be an educational program .
(4): The ABA may make a written determination providing that, for the purposes of this Schedule, specified matter is taken not to be an educational program .
(5): A determination under subclause (3) or (4) has effect accordingly.
(6): A determination under subclause (3) or (4) is to be an instrument of a legislative character.
(7): A determination under subclause (3) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

: Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

4 Information-only programs

(1): For the purposes of this Schedule, an information-only program is matter the sole or dominant purpose of which is to:

(a): provide factual information, or directly-related comment, about any of a wide range of matters, including but not limited to any of the following:

(i): products;
(ii): services;
(iii): community activities;
(iv): domestic or household matters;
(v): private recreational pursuits or hobbies;
(vi): legal rights, obligations or responsibilities;
(vii): first aid, health or safety matters;
(viii): emergencies or natural disasters;
(ix): rural matters;
(x): travel matters;
(xi): crime prevention matters; or

(b): enable and/or facilitate the carrying out and/or completion of transactions;

or both, where there is not a significant emphasis on dramatic impact or entertainment.

(2): Subclause (1) has effect subject to subclauses (3) and (4).

ABA determinations

(3): The ABA may make a written determination providing that, for the purposes of this Schedule, specified matter is taken to be an information-only program .
(4): The ABA may make a written determination providing that, for the purposes of this Schedule, specified matter is taken not to be an information-only program .
(5): A determination under subclause (3) or (4) has effect accordingly.
(6): A determination under subclause (3) or (4) is to be an instrument of a legislative character.
(7): A determination under subclause (3) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

: Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

Definitions

(8): In this clause:

community activity means:

(a): a meeting, event, performance or other activity that can be attended by:

(i): the public; or
(ii): a section of the public; or
(iii): members of a particular club, society or organisation; or

(b): the activity of visiting an institution, a tourist attraction or other place;

whether on payment of a charge or otherwise.

product includes real property.

services means any services, benefits, rights, privileges or facilities that are capable of being provided, granted or conferred:

(a): in trade or commerce; or
(b): by a government or government authority; or
(c): in any other way.

transactions includes:

(a): commercial transactions; and
(b): banking transactions; and
(c): insurance transactions; and
(d): dealings about employment matters; and
(e): dealings with governments and government authorities.

5 Foreign-language news bulletins

(1): For the purposes of this Schedule, a foreign-language news bulletin is a news bulletin that is wholly in a language other than English.
(2): For the purposes of subclause (1), disregard minor and infrequent uses of the English language.
(3): For the purposes of subclause (1), disregard any English language subtitles or captioning.
(4): A bulletin referred to in subclause (1) may include discussion, commentary or analysis in relation to the items included in such a bulletin.

6 Datacasting content is taken not to be a television program or a radio program etc.

For the purposes of this Act (other than Divisions 1 and 2 of Part 3 of this Schedule) and any other law of the Commonwealth (other than the Tobacco Advertising Prohibition Act 1992 ), if a datacasting service is provided under, and in accordance with the conditions of, a datacasting licence:

(a): any matter provided on that service is taken not to be a television program or a radio program; and
(b): any matter provided on that service is taken not to be broadcast or televised; and
(c): that service is taken not to be a broadcasting service, a television service or a radio service.; if clause 7A of Schedule 4 to the Broadcasting Services Act 1992 had:; if:

Reviewable decisions
Item	Decision	Provision	Person who may apply
1	refusal to allocate datacasting licence	clause 7 or 8	the applicant
2	that a person is not a suitable applicant	subclause 9(1)	the person
2A	that an Internet carriage service is a declared Internet carriage service	subclause 23B(1)	the licensee
3	that a person is not a suitable licensee	subclause 25(3)	the licensee
4	Variation of datacasting licence conditions or imposition of new conditions	subclause 26(1)	the licensee
4A	refusal to make an exemption order	clause 27B	the licensee
5	refusal to include a code of practice in the Register	subclause 28(6)	the relevant industry group
6	refusal to make a nominated datacaster declaration	clause 45	the licensee of the datacasting transmitter licence or the licensee of the datacasting licence
7	revocation of a nominated datacaster declaration	clause 47	the licensee of the datacasting transmitter licence or the licensee of the datacasting licence
8	to give or vary, or to refuse to revoke, a direction	clause 53	the licensee
9	suspension or cancellation of datacasting licence	clause 54	the licensee