commercial television broadcasting licence has the
same meaning as in the Broadcasting Services Act 1992 .
3 Section 5 (definition of datacasting service )
Omit "Schedule 4
to".
4 Section 5
Insert: datacasting transmitter licence means a
transmitter licence for a transmitter that is for use for transmitting a
datacasting service, but does not include:
- (a)
- a transmitter licence issued under section 102 or 102A; or
- (b)
- an NBS transmitter licence; or
- (c)
- a prescribed transmitter licence.
5 Section 5 (paragraph (b) of the definition of licensee )
Omit
"the person to whom the licence was issued", substitute "the person who holds
the licence".
6 Section 5
Insert: qualified company means a company
that:
- (a)
- is formed in Australia; and
- (b)
- has a share capital.
7 Section 5
Insert: SDTV digital mode has the same meaning as in
Schedule 4 to the Broadcasting Services Act 1992 .
8 Subsection 96(7)
Omit "Division 6 is", substitute "Divisions 6
and 6A are".
9 Subsection 100(1)
Omit "and 102A", substitute ", 102A and
102B".
10 Subsections 100A(1A), (1B) and (1C)
Repeal the subsections,
substitute:
- (1A)
- Subsection (1) has effect subject to
subsections (1B) and (1C).
- (1B)
- The authorisation of the operation of the transmitter or transmitters
concerned for transmitting a datacasting service in digital mode using those
channels has no effect unless the licensee holds a BSA datacasting licence
authorising the provision of that service.
- (1C)
- The authorisation of the operation of the transmitter or transmitters
concerned for transmitting a datacasting service (other than a test
transmission) in digital mode in a particular coverage area using those
channels does not take effect until whichever of the following first happens:
- (a)
- the end of 12 months after the national broadcaster concerned was
required, under a scheme in force under clause 19 of Schedule 4 to
the Broadcasting Services Act 1992 , to commence transmitting the broadcasting
service concerned in SDTV digital mode in the coverage area;
- (b)
- the first occasion on which a datacasting service (other than a test
transmission in accordance with a determination under paragraph 34(1)(fa) of
the Broadcasting Services Act 1992 ) was:
- (i)
- provided by another person under, and in accordance with the conditions
of, a BSA datacasting licence; and
- (ii)
- transmitted under a datacasting transmitter licence;
in the coverage area.
11 Subsection 100A(2)
Insert: coverage area has the same meaning as in
Schedule 4 to the Broadcasting Services Act 1992 .
12 Subsections 100B(2A), (2B) and (2C)
Repeal the subsections, substitute:
- (2A)
- Subsection (2) has effect subject to subsections (2B) and (2C).
- (2B)
- The authorisation of the operation of the transmitter or transmitters
concerned for transmitting a datacasting service in digital mode using the
channel or channels concerned has no effect unless the licensee holds a BSA
datacasting licence authorising the provision of that service.
- (2C)
- The authorisation of the operation of the transmitter or transmitters
concerned for transmitting a datacasting service (other than a test
transmission) in digital mode in a particular coverage area using the channel
or channels concerned does not take effect until whichever of the following
first happens:
- (a)
- the end of 12 months after the national broadcaster concerned was
required, under a scheme in force under clause 19 of Schedule 4 to
the Broadcasting Services Act 1992 , to commence transmitting the broadcasting
service concerned in SDTV digital mode in the coverage area;
- (b)
- the first occasion on which a datacasting service (other than a test
transmission in accordance with a determination under paragraph 34(1)(fa) of
the Broadcasting Services Act 1992 ) was:
- (i)
- provided by another person under, and in accordance with the conditions
of, a BSA datacasting licence; and
- (ii)
- transmitted under a datacasting transmitter licence;
in the coverage area.
13 Subsection 100B(3)
Insert: coverage area has the same meaning as in
Schedule 4 to the Broadcasting Services Act 1992 .
13A After section 100B
Insert: 100C NBS transmitter
licencesauthorisation of radio broadcasting services
- (1)
- If:
- (a)
- an NBS transmitter licence is or was issued to a particular national
broadcaster; and
- (b)
- the licence authorises the operation of one or more specified
radiocommunications transmitters for transmitting a national television
broadcasting service in digital mode using one or more channels;
the licence is also taken to authorise the operation of the transmitter or
transmitters concerned for transmitting national radio broadcasting services
in digital mode using those channels.
- (2)
- In this section:
national broadcaster has the same meaning as in the
Broadcasting Services Act 1992 .
national broadcasting service has the same meaning as in Schedule 4 to
the Broadcasting Services Act 1992 .
national radio broadcasting service means a national broadcasting service that
provides radio programs.
national television broadcasting service means a national broadcasting service
that provides television programs.
NBS transmitter licence means a transmitter licence for a transmitter that is
for use for transmitting, to the public, a national broadcasting service.
13B Before section 101
Insert: 100D NBS transmitter
licencesauthorisation of multi-channelled television broadcasting
services
- (1)
- If:
- (a)
- an NBS transmitter licence is or was issued to a particular national
broadcaster; and
- (b)
- the licence authorises the operation of one or more specified
radiocommunications transmitters for transmitting a national television
broadcasting service in digital mode using one or more channels; and
- (c)
- the national broadcaster provides, or proposes to provide, another
national television broadcasting service; and
- (d)
- the other service is a multi-channelled national television broadcasting
service;
the licence is also taken to authorise the operation of the transmitter or
transmitters concerned for transmitting the multi-channelled national
television broadcasting service in digital mode using those channels.
- (2)
- In this section:
multi-channelled national television broadcasting service has the same meaning
as in Schedule 4 to the Broadcasting Services Act 1992 .
national broadcaster has the same meaning as in the
Broadcasting Services Act 1992 .
national broadcasting service has the same meaning as in Schedule 4 to
the Broadcasting Services Act 1992 .
national television broadcasting service means a national broadcasting service
that provides television programs.
NBS transmitter licence means a transmitter licence for a transmitter that is
for use for transmitting, to the public, a national broadcasting service.
14 After subsection 102(2)
Insert:
- (2A)
- If:
- (a)
- a transmitter licence (the first transmitter licence ) was issued under
this section; and
- (b)
- the first transmitter licence authorises the operation of one or more
specified radiocommunications transmitters for transmitting a particular
commercial television broadcasting service (the first service ) in accordance
with a commercial television broadcasting licence held by a person (the first
BSA licence ); and
- (c)
- another commercial television broadcasting licence (the additional BSA
licence ) is allocated to the person under section 38A or 38B of the
Broadcasting Services Act 1992 ; and
- (d)
- the first BSA licence and the additional BSA licence relate to the same
licence area (within the meaning of whichever of those sections is
applicable); and
- (e)
- the additional BSA licence authorises the provision of another commercial
television broadcasting service (the additional service ); and
- (f)
- the first service and the additional service are the subject of an
election under subclause 6(5A) of Schedule 4 to the Broadcasting
Services Act 1992 ;
then:
- (g)
- despite subsection (1), the ACA is not required to issue to the
person a new transmitter licence in relation to the additional service; and
- (h)
- the first transmitter licence is taken to authorise the operation of the
transmitter or transmitters concerned for transmitting the additional service
in accordance with the additional BSA licence.
15 Subsections 102(3A), (3B) and (3C)
Repeal the subsections, substitute:
- (4)
- Subsection (3) has effect subject to subsections (5) and (6).
- (5)
- The authorisation of the operation of the transmitter or transmitters
concerned for transmitting a datacasting service in digital mode using those
channels has no effect unless the licensee holds a BSA datacasting licence
authorising the provision of that service.
- (6)
- The authorisation of the operation of the transmitter or transmitters
concerned for transmitting a datacasting service in digital mode using those
channels (other than a test transmission) does not take effect until whichever
of the following first happens:
- (a)
- the end of 12 months after the holder of the related licence was required,
under a scheme in force under clause 6 of Schedule 4 to the
Broadcasting Services Act 1992 , to commence transmitting the broadcasting
service concerned in SDTV digital mode in the licence area for the related
licence;
- (b)
- the first occasion on which a datacasting service (other than a test
transmission in accordance with a determination under paragraph 34(1)(fa) of
the Broadcasting Services Act 1992 ) was:
- (i)
- provided by another person under, and in accordance with the conditions
of, a BSA datacasting licence; and
- (ii)
- transmitted under a datacasting transmitter licence;
in the licence area for the related licence.
- (7)
- In this section, unless the contrary intention appears:
licence area has the same meaning as in Schedule 4 to the
Broadcasting Services Act 1992 .
16 After subsection 102A(2)
Insert:
- (2A)
- If:
- (a)
- a transmitter licence (the first transmitter licence ) was issued under
this section; and
- (b)
- the first transmitter licence authorises the operation of one or more
specified radiocommunications transmitters for transmitting a particular
commercial television broadcasting service (the first service ) in accordance
with a commercial television broadcasting licence held by a person (the first
BSA licence ); and
- (c)
- another commercial television broadcasting licence (the additional BSA
licence ) is allocated to the person under section 38A or 38B of the
Broadcasting Services Act 1992 ; and
- (d)
- the first BSA licence and the additional BSA licence relate to the same
licence area (within the meaning of whichever of those sections is
applicable); and
- (e)
- the additional BSA licence authorises the provision of another commercial
television broadcasting service (the additional service ); and
- (f)
- the first service and the additional service are the subject of an
election under subclause 6(5A) of Schedule 4 to the Broadcasting
Services Act 1992 ;
the first transmitter licence is taken to authorise the operation of the
transmitter or transmitters concerned for transmitting the additional service
in accordance with the additional BSA licence.
17 Subsections 102A(4), (5) and (6)
Repeal the subsections, substitute:
- (4)
- Subsection (3) has effect subject to subsections (5) and (6).
- (5)
- The authorisation of the operation of the transmitter or transmitters
concerned for transmitting a datacasting service in digital mode using the
channel or channels concerned has no effect unless the licensee holds a BSA
datacasting licence authorising the provision of that service.
- (6)
- The authorisation of the operation of the transmitter or transmitters
concerned for transmitting a datacasting service in digital mode using the
channel or channels concerned (other than a test transmission) does not take
effect until whichever of the following first happens:
- (a)
- the end of 12 months after the holder of the related licence was required,
under a scheme in force under clause 6 of Schedule 4 to the
Broadcasting Services Act 1992 , to commence transmitting the broadcasting
service concerned in SDTV digital mode in the licence area for the related
licence;
- (b)
- the first occasion on which a datacasting service (other than a test
transmission in accordance with a determination under paragraph 34(1)(fa) of
the Broadcasting Services Act 1992 ) was:
- (i)
- provided by another person under, and in accordance with the conditions
of, a BSA datacasting licence; and
- (ii)
- transmitted under a datacasting transmitter licence;
in the licence area for the related licence.
- (7)
- In this section, unless the contrary intention appears:
licence area has the same meaning as in Schedule 4 to the
Broadcasting Services Act 1992 .
18 After section 102A
Insert: 102B Datacasting transmitter licences
- (1)
- The ACA must not issue a datacasting transmitter licence to a person
unless the person is a qualified company.
- (2)
- If:
- (a)
- the applicant for a datacasting transmitter licence is a qualified
company; and
- (b)
- the licence is not to be issued in accordance with a price-based
allocation system determined under section 106;
the ACA must, within 14 days of receiving the application, refer the
application to the ABA.
- (3)
- If:
- (a)
- an application for a datacasting transmitter licence is referred to the
ABA under subsection (2); and
- (b)
- the ABA is satisfied that the issue of the licence would result in a
breach of the BSA control rules;
the ABA may, by written notice given to the ACA within 30 days after the
application was referred to the ABA, direct the ACA not to issue the licence
to the applicant, and the ACA must comply with the direction.
- (4)
- If:
- (a)
- an application for a datacasting transmitter licence is referred to the
ABA under subsection (2); and
- (b)
- the ABA is satisfied that the issue of the licence would not result in a
breach of the BSA control rules;
the ABA must, by written notice given to the ACA, inform the ACA accordingly.
- (5)
- If an application for a datacasting transmitter licence is referred to the
ABA under subsection (2), the ACA must not issue, or refuse to issue, the
licence until whichever of the following first happens:
- (a)
- the ACA receives a notice from the ABA in relation to the application
under subsection (3) or (4);
- (b)
- the end of 30 days after the application was referred to the ABA.
- (6)
- If the ACA refuses to issue a datacasting transmitter licence because of a
direction under subsection (3), the notice of refusal must be accompanied
by a copy of the direction.
- (7)
- For the purposes of this section, the issue of a datacasting transmitter
licence results in a breach of the BSA control rules if, and only if, the
issue of the licence would result in a breach of:
- (a)
- section 54A or 56A of the Broadcasting Services Act 1992 ; or
- (b)
- clause 41 of Schedule 6 to the Broadcasting Services Act 1992 .
19 Subsection 103(2)
After "102A", insert "or a datacasting transmitter
licence".
20 At the end of section 103
Add:
- (5)
- Subject to
Divisions 6 and 6A, a datacasting transmitter licence remains in force
for 10 years.
21 After subsection 106(6)
Insert:
- (6A)
- A system so determined may provide
that, before a datacasting transmitter licence is issued in accordance with
the system, the ABA is to be given an opportunity to direct the ACA not to
issue the licence if the ABA is satisfied that the issue of the licence would
result in a breach of:
- (a)
- section 54A or 56A of the Broadcasting Services Act 1992 ; or
- (b)
- clause 41 of Schedule 6 to the Broadcasting Services Act 1992 .
- (6B)
- The ACA must comply with a direction given as mentioned in
subsection (6A).
- (6C)
- If the ACA refuses to issue a datacasting transmitter licence because of
a direction given as mentioned in subsection (6A), the notice of refusal
must be accompanied by a copy of the direction.
22 Subsection 106(7)
Omit "and (6)", substitute ", (6) and (6A)".
23 At the
end of subsection 107(3)
Add "or to datacasting transmitter licences".
24 At
the end of subsection 108(5)
Add "or to datacasting transmitter licences".
25 After section 109
Insert: 109A Conditions of datacasting transmitter
licences
- (1)
- A datacasting transmitter licence is subject to the following
conditions:
- (a)
- a condition that the licensee must comply with this Act;
- (b)
- a condition that the licensee meet all obligations (if any) of the
licensee to pay:
- (i)
- charges fixed by determinations under section 53 of the Australian
Communications Authority Act 1997 ; and
- (ii)
- amounts of apparatus licence tax;
- (c)
- a condition that the licensee inform each person authorised by the
licensee to operate a radiocommunications transmitter under the licence of the
person's obligations to comply with this Act and the conditions of the
licence;
- (d)
- a condition that the licensee, and any person so authorised, must not
operate, or permit operation of, the transmitter except on a frequency or
frequencies, or on a frequency channel, and at a constancy, specified in the
licence;
- (e)
- a condition that the licensee, and any person so authorised, must not
operate, or permit operation of, such a transmitter except within:
- (i)
- a part of the spectrum covered by a determination under subsection 34(3)
of the Broadcasting Services Act 1992 ; or
- (ii)
- a part of the spectrum covered by a determination under subsection 34(1)
of the Broadcasting Services Act 1992 because of paragraph 34(1)(fa) of that
Act;
- (f)
- a condition that the licensee, and any person so authorised, must comply
with guidelines developed by the ABA under section 33 of the
Broadcasting Services Act 1992 ;
- (fa)
- a condition that the licensee, and any person so authorised, must comply
with any regulations made for the purposes of clause 36B of Schedule 4 to the
Broadcasting Services Act 1992 ;
- (g)
- a condition that the licensee, or a person so authorised, will commence to
transmit a datacasting service within 1 year after the allocation of the
licence or within such longer period as is notified in writing by the ABA;
- (ga)
- a condition that the licensee, or any person so authorised, will transmit
a datacasting service during the whole or a part of each day in the period:
- (i)
- beginning on the commencement referred to in paragraph (g); and
- (ii)
- ending immediately before 1 January 2007;
(for this purpose, disregard a particular day if, in that period, there are
fewer than:
- (iii)
- 180 days; or
- (iv)
- if the ABA, by writing, notifies a greater number of daysthat
greater number of days;
on which there has been no transmission of a datacasting service under the
licence);
- (h)
- a condition that the licensee, and any person so authorised, must not
operate, or permit the operation of, such a transmitter before 1 January
2007 for transmitting a datacasting service unless there is in force a BSA
datacasting licence authorising the provision of that service;
- (i)
- a condition that the licensee, and any person so authorised, must not
operate, or permit the operation of, such a transmitter on or after
1 January 2007 for transmitting a datacasting service unless:
- (i)
- there is in force a BSA datacasting licence, or another licence allocated
by the ABA under the Broadcasting Services Act 1992 , authorising the
provision of that service; or
- (ii)
- that service is provided in accordance with a class licence under the
Broadcasting Services Act 1992 ;
- (j)
- a condition that the licensee, and any person so authorised, will at all
times have a constitution;
- (k)
- such other conditions as are specified in the licence.
- (1A)
- The ABA must not notify a longer period for the purposes of
paragraph (1)(g) unless the ABA is satisfied that there are exceptional
circumstances that warrant the longer period.
- (1B)
- The ABA must not notify a greater number of days for the purposes of
paragraph (1)(ga) unless the ABA is satisfied that there are exceptional
circumstances that warrant the greater number of days.
Constitution of licensee to contain certain provisions
- (2)
- A datacasting
transmitter licence is subject to the condition that the licensee's
constitution will at all times contain provisions under which:
- (a)
- a person is not eligible to continue to be the holder of shares in the
licensee if, because of holding those shares and of any other relevant
circumstances, that or some other person would contravene Part 5 of the
Broadcasting Services Act 1992 ; and
- (b)
- the licensee may secure the disposal of shares held by a person to the
extent necessary to prevent a contravention of Part 5 of the
Broadcasting Services Act 1992 continuing; and
- (c)
- a person who becomes the holder of shares in the licensee is required to
provide to the licensee a statutory declaration:
- (i)
- stating whether the shares are held by the person beneficially and, if
not, who has beneficial interests in the shares; and
- (ii)
- stating whether the person, or any person who has a beneficial interest
in the shares, is in a position to exercise control of a commercial television
broadcasting licence, and giving particulars of any such position; and
- (d)
- a person holding shares in the licensee may be required by the licensee,
from time to time, to provide to the licensee statutory declarations
concerning matters relevant to the person's eligibility to continue to be the
holder of those shares having regard to the provisions of Part 5 of the
Broadcasting Services Act 1992 ; and
- (e)
- the licensee may secure the disposal of shares held by a person who
refuses or fails to provide a statutory declaration under the provisions
referred to in paragraph (c) or (d).
Constitution of authorised company to contain certain provisions
- (3)
- A
datacasting transmitter licence is subject to the condition that the
constitution of a company authorised by the licensee to operate a
radiocommunications transmitter under the licence will at all times contain
provisions under which:
- (a)
- a person is not eligible to continue to be the holder of shares in the
company if, because of holding those shares and of any other relevant
circumstances, that or some other person would contravene Part 5 of the
Broadcasting Services Act 1992 ; and
- (b)
- the company may secure the disposal of shares held by a person to the
extent necessary to prevent a contravention of Part 5 of the
Broadcasting Services Act 1992 continuing; and
- (c)
- a person who becomes the holder of shares in the company is required to
provide to the company a statutory declaration:
- (i)
- stating whether the shares are held by the person beneficially and, if
not, who has beneficial interests in the shares; and
- (ii)
- stating whether the person, or any person who has a beneficial interest
in the shares, is in a position to exercise control of a commercial television
broadcasting licence, and giving particulars of any such position; and
- (d)
- a person holding shares in the company may be required by the company,
from time to time, to provide to the company statutory declarations concerning
matters relevant to the person's eligibility to continue to be the holder of
those shares having regard to the provisions of Part 5 of the
Broadcasting Services Act 1992 ; and
- (e)
- the company may secure the disposal of shares held by a person who refuses
or fails to provide a statutory declaration under the provisions referred to
in paragraph (c) or (d).
Application of control rules
- (4)
- Schedule 1 to the
Broadcasting Services Act 1992 applies for the purposes of
subparagraphs (2)(c)(ii) and (3)(c)(ii) of this section in a
corresponding way to the way in which it applies for the purposes of
Part 5 of that Act.
26 Section 110
Omit "or 109(1)(f)", substitute ", 109(1)(f) or
109A(1)(k)".
27 Paragraph 111(1)(c)
Omit "or 109(1)(f)", substitute ",
109(1)(f) or 109A(1)(k)".
28 Paragraph 111(1)(d)
After "102A", insert "or a
datacasting transmitter licence".
29 Subsection 114(1)
Omit "and (3)",
substitute ", (3), (3A), (3B), (3D) and (3F)".
30 After subsection 114(3)
Insert:
- (3A)
- The licensee must not authorise a person if:
- (a)
- the licence is a datacasting transmitter licence; and
- (b)
- the person is not a qualified company.
- (3B)
- The licensee must not authorise a person if:
- (a)
- the licence is a datacasting transmitter licence; and
- (b)
- the licensee did not, at least 30 days before the authorisation took
place, give to the ABA a written notice stating the licensee's intention to
authorise the person.
- (3C)
- If:
- (a)
- the ABA receives a notice of intention under subsection (3B); and
- (b)
- the ABA is satisfied that the authorisation would result in a breach of
the BSA control rules;
the ABA may, by written notice given to the licensee within 30 days after the
notice of intention was sent to the ABA, direct the licensee not to authorise
the person.
- (3D)
- The licensee must not authorise a person in breach of a direction under
subsection (3C).
- (3E)
- If:
- (a)
- the ABA receives a notice of intention under subsection (3B); and
- (b)
- the ABA is satisfied that the authorisation would not result in a breach
of the BSA control rules;
the ABA must, by written notice given to the licensee, inform the licensee
accordingly.
- (3F)
- If the licensee gives a notice of intention to the ABA under
subsection (3B), the licensee must not authorise the person concerned
until whichever of the following first happens:
- (a)
- the licensee receives a notice from the ABA in relation to the
authorisation under subsection (3C) or (3E);
- (b)
- the end of 30 days after the notice of intention was sent to the ABA.
31 At the end of section 114
Add:
- (5)
- For the purposes of this
section, an authorisation by the licensee of a datacasting transmitter licence
results in a breach of the BSA control rules if, and only if, the
authorisation would result in a breach of:
- (a)
- section 54A or 56A of the Broadcasting Services Act 1992 ; or
- (b)
- clause 41 of Schedule 6 to the Broadcasting Services Act 1992 .
32 Paragraph 118(1)(c)
After "126(1)", insert "or 128C(2)".
33 Paragraph
118(1)(d)
Before "cancelling", insert "or 128D(2)".
34 Division 6 of
Part 3.3 (heading)
Repeal the heading, substitute:
Division 6Suspending and cancelling apparatus licences: general
35
Paragraph 125(1)(a)
After "condition of the licence", insert "(other than a
condition set out in paragraph 109A(1)(g), (ga), (h), (i) or (j) or subsection
109A(2) or (3))".
36 After Division 6 of Part 3.3
Insert:
Division 6ASuspending and cancelling datacasting transmitter
licences: ABA direction 128C Suspending datacasting transmitter licences
- (1)
- If the ABA is satisfied that:
- (a)
- the licensee of a datacasting transmitter licence; or
- (b)
- a person authorised by the licensee to operate a radiocommunications
transmitter under the licence;
has contravened a condition of the licence set out in paragraph 109A(1)(g),
(ga), (h), (i) or (j) or subsection 109A(2) or (3), the ABA may, by written
notice given to the ACA, direct the ACA to suspend the licence for the period
specified in the direction.
- (2)
- If the ACA is given a direction under subsection (1), the ACA must:
- (a)
- by written notice given to the licensee, suspend the licence; and
- (b)
- specify in the notice of suspension, as the day on which the suspension
ceases, the first day after the end of the period specified in the direction.
- Note: A direction is reviewable under Part 5.6.
- (3)
- A notice under subsection (2) must be accompanied by a copy of the
direction under subsection (1).
- (4)
- The ABA may, at any time, by written notice given to the ACA, direct the
ACA to revoke the suspension of the licence concerned.
- (5)
- The ACA must comply with a direction under subsection (4).
- (6)
- Section 127 applies to a suspension under this section in a
corresponding way to the way in which it applies to a suspension under
section 126.
128D Cancelling datacasting transmitter licences - (1)
- If the ABA is satisfied
that:
- (a)
- the licensee of a datacasting transmitter licence; or
- (b)
- a person authorised by the licensee to operate a radiocommunications
transmitter under the licence;
has contravened a condition of the licence set out in paragraph 109A(1)(g),
(ga), (h), (i) or (j) or subsection 109A(2) or (3), the ABA may, by written
notice given to the ACA, direct the ACA to cancel the licence.
- (2)
- If the ACA is given a direction under subsection (1), the ACA must,
by written notice given to the licensee, cancel the licence.
- Note: A direction is reviewable under Part 5.6.
- (3)
- A notice under subsection (2) must be accompanied by a copy of the
direction under subsection (1).
128E Stay of proceedings relating to suspension or cancellation of datacasting
transmitter licence - (1)
- For the purposes of this section, an eligible
decision is:
- (a)
- a decision under subsection 128C(1) to give a direction requiring the ACA
to suspend a datacasting transmitter licence on the grounds that there has
been a contravention of the condition of the licence set out in paragraph
109A(1)(h); or
- (b)
- a decision under subsection 128C(2) to suspend a datacasting transmitter
licence in compliance with a direction covered by paragraph (a) of this
subsection; or
- (c)
- a decision under subsection 128D(1) to give a direction requiring the ACA
to cancel a datacasting transmitter licence on the grounds that there has been
a contravention of the condition of the licence set out in paragraph
109A(1)(h); or
- (d)
- a decision under subsection 128D(2) to cancel a datacasting transmitter
licence in compliance with a direction covered by paragraph (c) of this
subsection.
- (2)
- An order must not be made under paragraph 15(1)(a) or 15A(1)(a) of the
Administrative Decisions (Judicial Review) Act 1977 in relation to an eligible
decision if:
- (a)
- the order has the effect of suspending the operation of the eligible
decision for more than 3 months; or
- (b)
- the order and any previous order or orders made under the paragraph
concerned have the combined effect of suspending the operation of the eligible
decision for more than 3 months.
- (3)
- An order must not be made under paragraph 15(1)(b) or 15A(1)(b) of the
Administrative Decisions (Judicial Review) Act 1977 in relation to an eligible
decision if:
- (a)
- the order has the effect of staying particular proceedings under the
eligible decision for more than 3 months; or
- (b)
- the order and any previous order or orders made under the paragraph
concerned have the combined effect of staying particular proceedings under the
eligible decision for more than 3 months.
- (4)
- If:
- (a)
- a person applies to the Federal Court under subsection 39B(1) of the
Judiciary Act 1903 for a writ or injunction in relation to an eligible
decision; and
- (b)
- an order could be made staying, or otherwise affecting the operation or
implementation of, the eligible decision pending the finalisation of the
application;
such an order must not be made if:
- (c)
- the order has the effect of staying, or otherwise affecting the operation
or implementation of, the eligible decision for more than 3 months; or
- (d)
- the order and any previous order or orders covered by paragraph (b) have
the combined effect of staying, or otherwise affecting the operation or
implementation of, the eligible decision for more than 3 months.
- (5)
- If:
- (a)
- a person applies to the Administrative Appeals Tribunal for review of an
eligible decision; and
- (b)
- an order could be made under subsection 41(2) of the Administrative
Appeals Tribunal Act 1975 staying, or otherwise affecting the operation or
implementation of, the eligible decision;
such an order must not be made if:
- (c)
- the order has the effect of staying, or otherwise affecting the operation
or implementation of, the eligible decision for more than 3 months; or
- (d)
- the order and any previous order or orders covered by paragraph (b) have
the combined effect of staying, or otherwise affecting the operation or
implementation of, the eligible decision for more than 3 months.
37 After subsection 130(2A)
Insert:
- (2B)
- The ACA must not renew the licence
if:
- (a)
- the licence is a datacasting transmitter licence; and
- (b)
- the licence has already been renewed on a previous occasion.
38 At the end of section 131
Add:
- (2)
- Subsection 103(5) applies to
renewing a datacasting transmitter licence as if a reference in that
subsection to 10 years were a reference to 5 years.
39 Subsection 131AB(1)
Omit "section 131AC", substitute
"sections 131AC and 131ACA".
40 Paragraph 131AB(3)(a)
Omit
"Division 6", substitute "Divisions 6 and 6A".
41 After
section 131AC
Insert: 131ACA Datacasting transmitter licences
- (1)
- The
ACA must not transfer a datacasting transmitter licence to a person unless the
person is a qualified company.
- (2)
- If the proposed transferee of a datacasting transmitter licence is a
qualified company, the ACA must, within 14 days after receiving the relevant
application, refer the relevant application to the ABA.
- (3)
- If:
- (a)
- an application for the transfer of a datacasting transmitter licence is
referred to the ABA under subsection (2); and
- (b)
- the ABA is satisfied that the transfer of the licence would result in a
breach of the BSA control rules;
the ABA may, by written notice given to the ACA within 30 days after the
application was referred to the ABA, direct the ACA not to transfer the
licence to the proposed transferee, and the ACA must comply with the
direction.
- (4)
- If:
- (a)
- an application for the transfer of a datacasting transmitter licence is
referred to the ABA under subsection (2); and
- (b)
- the ABA is satisfied that the transfer of the licence would not result in
a breach of the BSA control rules;
the ABA must, by written notice given to the ACA, inform the ACA accordingly.
- (5)
- If an application for the transfer of a datacasting transmitter licence is
referred to the ABA under subsection (2), the ACA must not transfer, or
refuse to transfer, the licence until whichever of the following first
happens:
- (a)
- the ACA receives a notice from the ABA in relation to the application
under subsection (3) or (4);
- (b)
- the end of 30 days after the application was referred to the ABA.
- (6)
- If the ACA refuses to transfer a datacasting transmitter licence because
of a direction under subsection (3), the notice of refusal must be
accompanied by a copy of the direction.
- (7)
- For the purposes of this section, the transfer of a datacasting
transmitter licence results in a breach of the BSA control rules if, and only
if, the transfer of the licence would result in a breach of:
- (a)
- section 54A or 56A of the Broadcasting Services Act 1992 ; or
- (b)
- clause 41 of Schedule 6 to the Broadcasting Services Act 1992 .
42 Division 9 of Part 3.3
Repeal the Division.
43 Paragraph 148(b)
After "126", insert "or 128C".
44 Paragraph 148(c)
Before ", or any", insert
"or 128D".
45 Paragraph 238(3)(c)
Omit "or 109(1)(f)", substitute ",
109(1)(f) or 109A(1)(k)".
46 Before section 285
Insert:
Division 1Review of ACA decisions
47 After paragraph 285(ea)
Insert:
- (eb)
- refusal to issue a datacasting transmitter licence under
section 102B otherwise than because of a direction under subsection
102B(3);
48 Paragraph 285(f)
Omit "or 109(1)(f)", substitute ", 109(1)(f) or
109A(1)(k)".
49 At the end of paragraph 285(ma)
Add "otherwise than because
of a direction under subsection 131ACA(3)".
50 After section 292
Insert: Division 2Review of ABA decisions 292A Review by the AAT
An application may be made to the AAT for a review of any of the following
decisions made by the ABA:
- (a)
- a decision to give a direction under subsection 102B(3);
- (b)
- a decision to give a direction as mentioned in subsection 106(6A);
- (c)
- a decision to give a direction under subsection 114(3C);
- (d)
- a decision to give a direction under subsection 128C(1);
- (e)
- a decision to give a direction under subsection 128D(1);
- (f)
- a decision to give a direction under subsection 131ACA(3).
292B Notification of decisions to include notification of reasons and appeal
rights
If the ABA makes a decision that is reviewable under section 292A, the
ABA is to include in the document by which the decision is notified:
- (a)
- a statement setting out the reasons for the decision; and
- (b)
- a statement to the effect that an application may be made to the AAT for a
review of the decision.
Part 2Transitional provisions
51 Transitionalregulations
(1) The regulations may make provision for
matters of a transitional nature arising from the amendments made by
Part 1 of this Schedule.
(2) The Governor-General may make regulations
for the purposes of subitem (1).
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