Federal Register of Legislation - Australian Government

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Act No. 128 of 2006 as made
An Act to amend the law relating to broadcasting, and for other purposes
Administered by: Broadband, Communications and the Digital Economy
Originating Bill: Broadcasting Legislation Amendment (Digital Television) Bill 2006
Registered 08 Nov 2006
Date of Assent 04 Nov 2006
Table of contents.
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1 Short title
2 Commencement
Expand 3 Schedule(s)3 Schedule(s)
26B Licence area plans—multi‑channelled national television broadcasting services
4D Simulcast‑equivalent period for a coverage area
5C SDTV multi‑channelled national television broadcasting service
Expand 41H SDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period etc.41H SDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period etc.
26A Licence area plans—multi‑channelled commercial television broadcasting services
35A Reviews about the allocation of new commercial television broadcasting licences
35B Allocation of new commercial television broadcasting licences
41A Services authorised by commercial television broadcasting licences before 1 January 2009
51A This Part does not apply to certain channel B datacasting transmitter licences
4C Simulcast‑equivalent period for a licence area
5B HDTV multi‑channelled commercial television broadcasting service
5D HDTV multi‑channelled national television broadcasting service
5E Designated HDTV multi‑channelled national television broadcasting service
7B Revocation of multi‑channelling election
35AA National broadcasters must provide HDTV multi‑channelled national television broadcasting service during simulcast period etc.
37DA This Division does not apply in relation to licences allocated under subsection 40(1)
38 Captioning
41C HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a core service etc.
41J HDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period etc.
Expand 60C Review of content and captioning rules applicable to multi‑channelled commercial television broadcasting services60C Review of content and captioning rules applicable to multi‑channelled commercial television broadcasting services
98A Channel A datacasting transmitter licence
98B Channel B datacasting transmitter licence
100E NBS transmitter licences—authorisation of HDTV multi‑channelled national television broadcasting services
102AA Transmitter licences—authorisation of HDTV multi‑channelled commercial television broadcasting services during the simulcast period etc.
118A Access to channel B datacasting transmitter licences
118B Applicant for channel B datacasting transmitter licences must give the ACCC an access undertaking
118C Further information about access undertaking
118D ACCC to accept or reject access undertaking
118E Duration of access undertaking etc.
118F Variation of access undertakings
118G Further information about variation of access undertaking
118H Decision‑making criteria
118J Register of access undertakings
118K Enforcement of access undertakings
118L Procedural Rules
Expand 118M Definitions118M Definitions
130A Technical standards for digital transmission
130B Technical standards for domestic digital reception equipment
130C Simplified outline
130D Industry codes
130E Industry standards
130F Industry activities
130G Sections of the industry
130H Participants in a section of the industry
130J Statement of regulatory policy
130K Examples of matters that may be dealt with by industry codes and industry standards
130L Industry codes and industry standards not to deal with certain matters
130M Registration of industry codes
130N ACMA may request codes
130P Publication of notice where no body or association represents a section of the industry
130Q Replacement of industry codes
130R ACMA may determine an industry standard if a request for an industry code is not complied with
130S ACMA may determine industry standard where no industry body or association formed
130T ACMA may determine industry standards—total failure of industry codes
130U ACMA may determine industry standards—partial failure of industry codes
130V Compliance with industry standards
130W Formal warnings—breach of industry standards
130X Variation of industry standards
130Y Revocation of industry standards
130Z Public consultation on industry standards
Expand 130ZA ACMA to maintain Register of industry codes and industry standards130ZA ACMA to maintain Register of industry codes and industry standards
41B Services authorised by commercial television broadcasting licences during so much of the simulcast period etc. as occurs on or after 1 January 2009
41C Services authorised by commercial television broadcasting licences after the end of the simulcast period etc.
115A Review of anti‑siphoning provisions
5A SDTV multi‑channelled commercial television broadcasting service
41A SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a core service etc.
41B SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a primary service etc.
41D HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a primary service etc.
41E SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period etc.
41F HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period etc.
41G Primary commercial television broadcasting service
41K SDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period etc.
41L HDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period etc.
Expand 41M Primary national television broadcasting service41M Primary national television broadcasting service
101B Transmitter licence—application if multi‑channelling election is in force in relation to remote licence area
101C Transmitter licence—application before the end of the simulcast period etc. if multi‑channelling election is in force
102AB Transmitter licence—authorisation of SDTV multi‑channelled commercial television broadcasting services during so much of the simulcast period etc. as occurs on or after 1 January 2009
102AC Transmitter licences—authorisation of commercial television broadcasting services after the end of the simulcast period etc.

 

 

 

 

 

 

Broadcasting Legislation Amendment (Digital Television) Act 2006

 

No. 128, 2006

 

 

 

 

 

An Act to amend the law relating to broadcasting, and for other purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments commencing on the day after Royal Assent 3

Part 1—Amendments                                                                                                      3

Broadcasting Services Act 1992                                                                               3

Radiocommunications Act 1992                                                                               8

Part 2—Transitional provisions                                                                                  10

Schedule 2—Amendments commencing on 1 January 2007                         12

Part 1—Amendments                                                                                                    12

Broadcasting Services Act 1992                                                                             12

Radiocommunications Act 1992                                                                             46

Part 2—Transitional provisions                                                                                  67

Schedule 2A—Amendments commencing on Proclamation                          71

Broadcasting Services Act 1992                                                                             71

Radiocommunications Act 1992                                                                             93

Schedule 3—Amendments commencing on 1 January 2009                         95

Broadcasting Services Act 1992                                                                             95

Radiocommunications Act 1992                                                                           111

 


 

 

Broadcasting Legislation Amendment (Digital Television) Act 2006

No. 128, 2006

 

 

 

An Act to amend the law relating to broadcasting, and for other purposes

[Assented to 4 November 2006]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Broadcasting Legislation Amendment (Digital Television) Act 2006.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

4 November 2006

2.  Schedule 1

The day after this Act receives the Royal Assent.

5 November 2006

3.  Schedule 2

1 January 2007.

1 January 2007

3A.  Schedule 2A

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

4 May 2007

4.  Schedule 3

1 January 2009.

1 January 2009

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments commencing on the day after Royal Assent

Part 1Amendments

Broadcasting Services Act 1992

1  Subsection 6(1)

Insert:

anti‑siphoning event means an event, or an event of a kind, that is specified in a notice under subsection 115(1). For this purpose, disregard subsections 115(1AA) and (1B).

2  Subsection 18(2)

Before “multi‑channelled”, insert “SDTV”.

2A  Before section 27

Insert:

26B  Licence area plans—multi‑channelled national television broadcasting services

             (1)  Licence area plans are not required to deal with SDTV multi‑channelled national television broadcasting services.

             (2)  Subsection (1) ceases to have effect at the end of the simulcast period, or the simulcast‑equivalent period, for the coverage area concerned.

             (3)  In this section:

SDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4.

simulcast‑equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

3  Section 146B (paragraph (b) of the definition of televise)

Omit “the broadcaster’s national television broadcasting service”, substitute “a national television broadcasting service provided by the broadcaster”.

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

After “licensees”, insert “(other than licensees who hold licences allocated under subsection 40(1))”.

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

After “broadcasting licensee”, insert “(other than a licensee who holds a licence allocated under subsection 40(1))”.

7  Clause 2 of Schedule 4 (definition of multi‑channelled national television broadcasting service)

Repeal the definition.

8  Clause 2 of Schedule 4

Insert:

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.

9  Clause 2 of Schedule 4

Insert:

SDTV multi‑channelled national television broadcasting service has the meaning given by clause 5C.

9A  Clause 2 of Schedule 4

Insert:

simulcast‑equivalent period, in relation to a national television broadcasting service, has the meaning given by clause 4D.

9B  Before clause 5 of Schedule 4

Insert:

4D  Simulcast‑equivalent period for a coverage area

                   If there is no simulcast period for a coverage area in relation to a national television broadcasting service, the ACMA may, by legislative instrument, declare that a specified period is the simulcast‑equivalent period for the coverage area.

10  Clause 5A of Schedule 4

Repeal the clause, substitute:

5C  SDTV multi‑channelled national television broadcasting service

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

                     (a)  the service is provided by:

                              (i)  the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or

                             (ii)  the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; and

                     (b)  the service is transmitted in SDTV digital mode using multi‑channelling transmission capacity; and

                     (c)  the service is promoted as a service that is distinct from any other national television broadcasting service provided by the Corporation concerned; and

                     (d)  the Corporation concerned has given the Minister a written notice electing that this subclause apply to the service.

             (2)  A notice under paragraph (1)(d) has no effect if:

                     (a)  the notice relates to a national television broadcasting service transmitted by the Corporation concerned in a coverage area; and

                     (b)  as a result of the notice being given, clause 19 would not apply to any national television broadcasting service provided by the Corporation in the coverage area.

             (3)  Subclause (2) ceases to have effect at the end of the simulcast period, or simulcast‑equivalent period, for the coverage area concerned.

11  Subclause 19(7B) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

Note:       The heading to subclause 19(7B) is altered by omitting “Multi‑channelled” and substituting “SDTV multi‑channelled”.

12  Subclause 20(1A) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

13  Paragraph 23(4)(b) of Schedule 4

Omit “the national broadcasting service concerned”, substitute “national television broadcasting services”.

14  Subclause 35(3) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

15  Subclause 36(1) of Schedule 4

Omit “the national television broadcasting service concerned”, substitute “national television broadcasting services”.

16  Paragraph 37F(4)(c) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

17  Paragraph 37H(3)(c) of Schedule 4

Before “multi‑channelled”, insert “SDTV”.

18  After Part 4 of Schedule 4

Insert:

Part 4ARestrictions on televising anti‑siphoning events

  

41H  SDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period etc.

Scope

             (1)  This clause applies to a national broadcaster if there is a simulcast period, or a simulcast‑equivalent period, for a coverage area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the national broadcaster must not televise on a SDTV multi‑channelled national television broadcasting service in the coverage area the whole of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the national television broadcasting service to which clause 19 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the national television broadcasting service to which clause 19 applies; and

                             (ii)  the SDTV multi‑channelled national television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the national broadcaster must not televise on a SDTV multi‑channelled national television broadcasting service in the coverage area a part of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the national television broadcasting service to which clause 19 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the national television broadcasting service to which clause 19 applies; and

                             (ii)  the SDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news or current affairs program broadcast on the SDTV multi‑channelled national television broadcasting service.

Note:          For anti‑siphoning event, see subsection 6(1).

19  Paragraphs 45(2)(a), 45A(3)(a) and 46(2)(a) of Schedule 4

After “broadcasting service”, insert “or services”.

20  Clauses 60 and 60A of Schedule 4

Repeal the clauses.

Radiocommunications Act 1992

21  Paragraph 100A(1)(b)

Omit “the national broadcasting service concerned”, substitute “a national television broadcasting service”.

22  Subsection 100B(1)

After “service”, insert “or services”.

23  Paragraph 100D(1)(c)

Omit “another national television broadcasting service; and”, substitute “one or more SDTV multi‑channelled national television broadcasting services;”.

Note:       The heading to section 100D is altered by omitting “multi‑channelled” and substituting “SDTV multi‑channelled national”.

24  Paragraph 100D(1)(d)

Repeal the paragraph.

25  Subsection 100D(1)

Omit “multi‑channelled national television broadcasting service in”, substitute “SDTV multi‑channelled national television broadcasting services in”.

26  Subsection 100D(2) (definition of multi‑channelled national television broadcasting service)

Repeal the definition.

27  Subsection 100D(2)

Insert:

SDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.


 

Part 2Transitional provisions

28  Notices about SDTV multi‑channelled national television broadcasting service

(1)        This item applies to a notice that:

                     (b)  was in force immediately before the commencement of this item; and

                     (a)  was given under paragraph 5A(1)(g) of Schedule 4 to the Broadcasting Services Act 1992.

(2)        The notice has effect, after the commencement of this item, as if it had been given under paragraph 5C(1)(d) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

28A  Variation of national television conversion scheme

(1)        This item applies to a variation by the ACMA of the national television conversion scheme if:

                     (a)  the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and

                     (b)  the variation is made within 30 days after the commencement of this item.

(2)        Clause 33 of Schedule 4 to the Broadcasting Services Act 1992 does not apply to the variation.

(3)        Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.

(4)        The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s Internet site for a period of at least 5 business days.

29  NBS transmitter licences issued under section 100B of the Radiocommunications Act 1992

(1)        This item applies to an NBS transmitter licence that:

                     (a)  was in force immediately before the commencement of this Schedule; and

                     (b)  was issued under subsection 100B(1) of the Radiocommunications Act 1992.

(2)        To avoid doubt, the amendment of subsection 100B(1) of the Radiocommunications Act 1992 made by this Schedule does not affect the continuity of the NBS transmitter licence.


 

Schedule 2Amendments commencing on 1 January 2007

Part 1Amendments

Broadcasting Services Act 1992

1A  Subsection 6(1)

Insert:

channel B 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.

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

Repeal the definition, substitute:

commercial television broadcasting licence means a licence under Part 4 to provide:

                     (a)  in the case of a licence allocated under subsection 40(1)—a commercial television broadcasting service; and

                     (b)  in any other case—the commercial television broadcasting services that, under section 41A, are authorised by the licence.

2  Subsection 6(1)

Insert:

commercial television broadcasting service means a commercial broadcasting service that provides television programs.

3  Subsection 6(1)

Insert:

core commercial television broadcasting service, in relation to a commercial television broadcasting licence, has the meaning given by whichever of paragraph 41A(1)(b) or (2)(a) is applicable.

3A  Subsection 6(1)

Insert:

domestic digital television receiver has the same meaning as in the Radiocommunications Act 1992.

4  Subsection 6(1)

Insert:

earliest digital television switch‑over day means the earliest day on which a simulcast period (within the meaning of Schedule 4) ends.

5  After subsection 18(1)

Insert:

          (1A)  A HDTV multi‑channelled commercial television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.

          (1B)  A HDTV multi‑channelled national television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.

6  At the end of section 26

Add:

             (3)  If:

                     (a)  a review is conducted under section 35A; and

                     (b)  after the completion of the report of the review, the Minister is satisfied that a licence area plan should be varied in accordance with the recommendations in the report;

the Minister may give the ACMA a written direction requiring the ACMA to vary the licence area plan as specified in the direction.

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

             (5)  The ACMA must comply with a direction under subsection (3).

             (6)  Sections 23 and 27 do not apply in relation to anything done by the ACMA in compliance with a direction under subsection (3).

6A  After section 26

Insert:

26A  Licence area plans—multi‑channelled commercial television broadcasting services

             (1)  If:

                     (a)  a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2007; and

                     (b)  the licence authorises the licensee to provide a HDTV multi‑channelled commercial television broadcasting service in the licence area;

the relevant licence area plan is not required to deal with the HDTV multi‑channelled commercial television broadcasting service.

             (2)  Subsection (1) ceases to have effect at the end of the simulcast period, or the simulcast‑equivalent period, for the licence area concerned.

             (3)  In this section:

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

simulcast‑equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

6B  After subsection 26B(1)

Insert:

          (1A)  Licence area plans are not required to deal with HDTV multi‑channelled national television broadcasting services.

6C  Subsection 26B(2)

Omit “Subsection (1) ceases”, substitute “Subsections (1) and (1A) cease”.

6D  Subsection 26B(3)

Insert:

HDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4.

7  Sections 28 and 28A

Repeal the sections.

8  Before section 36

Insert:

35A  Reviews about the allocation of new commercial television broadcasting licences

Initial review

             (1)  Before the earliest digital television switch‑over day, the Minister must cause to be conducted a review of:

                     (a)  whether one or more commercial television broadcasting licences that are broadcasting services bands licences should be allocated under section 36 for a particular area or areas of Australia; and

                     (b)  if so, what variations (if any) should be made to any licence area plans in force under section 26.

Subsequent reviews

             (2)  The Minister may cause to be conducted a review of:

                     (a)  whether one or more commercial television broadcasting licences that are broadcasting services bands licences should be allocated under section 36 for a particular area or areas of Australia; and

                     (b)  if so, what variations (if any) should be made to any licence area plans in force under section 26.

             (3)  Subsection (2) does not authorise the conduct of a review before the completion of the report of a review conducted under subsection (1).

Conduct of a review

             (4)  The following matters must be taken into account in conducting a review under subsection (1) or (2):

                     (a)  the objects of this Act;

                     (b)  the matters referred to in paragraphs 23(a) to (f) in so far as they are relevant;

                     (c)  the availability of radiofrequency spectrum;

                     (d)  any other relevant matters.

             (5)  A review under subsection (1) or (2) must be conducted in a manner that provides for wide public consultation.

             (6)  The ACMA must make available such information as is reasonably necessary for the conduct of a review under subsection (1) or (2).

Report of a review

             (7)  The Minister must cause to be prepared a report of a review under subsection (1) or (2).

             (8)  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 report.

35B  Allocation of new commercial television broadcasting licences

             (1)  If:

                     (a)  a review is conducted under section 35A; and

                     (b)  after the completion of the report of the review, the Minister is satisfied that a commercial television broadcasting licence should be allocated under section 36 for a particular area of Australia;

the Minister may, within 3 years after the completion of the report of the review, give the ACMA a written direction requiring the ACMA to allocate the licence under section 36 within a specified period.

             (2)  The ACMA must comply with a direction under subsection (1).

             (3)  The ACMA must not allocate a licence under section 36 unless the ACMA is directed to do so under subsection (1) of this section.

             (4)  If:

                     (a)  a direction is given under subsection (1); and

                     (b)  as a result, the ACMA allocates a commercial television broadcasting licence under section 36;

the licence is subject to the condition that the licensee may only provide commercial television broadcasting services in digital mode (within the meaning of Schedule 4).

9  Subsection 36(1)

Repeal the subsection, substitute:

             (1)  The ACMA is to determine in writing a price‑based system for allocating:

                     (a)  commercial television broadcasting licences that are broadcasting services bands licences; and

                     (b)  commercial radio broadcasting licences that are broadcasting services bands licences.

9A  Subsection 38A(9)

Omit “services under”, substitute “at least one service under each of”.

10  Paragraph 38B(18)(a)

Omit “the commercial television broadcasting service concerned”, substitute “commercial television broadcasting services”.

11  Paragraphs 38B(18)(b) and (c)

Omit “the commercial television broadcasting service concerned”, substitute “at least one commercial television broadcasting service”.

12  Subsections 38B(20) and (21)

Omit all the words after “provide”, substitute “at least one service under the licence concerned for at least 2 years after the earliest occasion on which the licensee of the additional licence commences to provide a commercial television broadcasting service under the additional licence”.

13  After subsection 40(1)

Insert:

          (1A)  Licences under subsection (1) are to be allocated on the basis of one licence per service.

14  Subsection 40(2)

Omit “or paragraph 36(1)(b)”.

15  At the end of section 40

Add:

Referral of application to the Minister

             (5)  Before allocating a commercial television broadcasting licence under subsection (1), the ACMA must refer the application to the Minister.

             (6)  If an application for a commercial television broadcasting licence is referred to the Minister under subsection (5), the ACMA must not make a decision about the application until the Minister:

                     (a)  gives a direction under subsection (7) in relation to the application; or

                     (b)  gives a notice under subsection (9) in relation to the application.

             (7)  If:

                     (a)  an application for a commercial television broadcasting licence is referred to the Minister under subsection (5); and

                     (b)  the Minister is of the opinion that the proposed commercial television broadcasting service is likely to be contrary to the public interest;

the Minister must, by written notice given to the ACMA, direct the ACMA not to allocate the licence to the applicant.

             (8)  The ACMA must comply with a direction under subsection (7).

             (9)  If:

                     (a)  an application for a commercial television broadcasting licence is referred to the Minister under subsection (5); and

                     (b)  the Minister is not of the opinion that the proposed commercial television broadcasting service is likely to be contrary to the public interest;

the Minister must, by written notice given to the ACMA, inform the ACMA that he or she has no objection to the allocation of the licence to the applicant.

Minister may request additional information

           (10)  If an application is referred to the Minister under subsection (5), and the Minister considers that additional information is required before the Minister can decide whether to:

                     (a)  give a direction under subsection (7) in relation to the application; or

                     (b)  give a notice under subsection (9) in relation to the application;

the Minister may, by written notice given to the applicant within 30 days after the day on which the application is referred to the Minister, request the applicant to provide that information.

           (11)  If the Minister requests additional information under subsection (10), the Minister must give the ACMA a copy of the request.

Decision to be made within 60 days

           (12)  If the Minister does not, within 60 days after the day on which:

                     (a)  an application is referred to the Minister under subsection (5); or

                     (b)  if the Minister requests additional information under subsection (10)—that additional information is received;

do either of the following:

                     (c)  give a direction under subsection (7) in relation to the application;

                     (d)  give a notice under subsection (9) in relation to the application;

then the Minister is taken to have given a notice under subsection (9) in relation to the application.

Licence condition

           (13)  If the ACMA allocates a commercial television broadcasting licence under subsection (1), the licence is subject to the condition that the licensee may only provide the commercial television broadcasting service concerned in digital mode (within the meaning of Schedule 4).

16  After section 41

Insert:

41A  Services authorised by commercial television broadcasting licences before 1 January 2009

Licences in force immediately before 1 January 2007

             (1)  If:

                     (a)  a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2007; and

                     (b)  the licence authorised the licensee to provide a commercial television broadcasting service (the core commercial television broadcasting service) in the licence area;

the licence is taken to authorise the licensee to provide the following 2 services in the licence area:

                     (c)  the core commercial television broadcasting service;

                     (d)  a HDTV multi‑channelled commercial television broadcasting service;

during the period ending immediately before 1 January 2009.

Licences allocated on or after 1 January 2007

             (2)  If a commercial television broadcasting licence for a licence area is allocated on or after 1 January 2007 but before 1 January 2009, the licence authorises the licensee to provide the following 2 services in the licence area:

                     (a)  a commercial television broadcasting service (the core commercial television broadcasting service) transmitted in SDTV digital mode;

                     (b)  a HDTV multi‑channelled commercial television broadcasting service;

during the period ending immediately before 1 January 2009.

Licences allocated under subsection 40(1)

             (3)  This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).

Definitions

             (4)  In this section:

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

SDTV digital mode has the same meaning as in Schedule 4.

16A  After section 51

Insert:

51A  This Part does not apply to certain channel B datacasting transmitter licences

                   This Part does not apply to a channel B datacasting transmitter licence unless the relevant transmitter, or any of the relevant transmitters, is operated for transmitting a datacasting service that is capable of being received by a domestic digital television receiver.

17  At the end of section 122

Add:

             (7)  If:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of a commercial television broadcasting licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area;

then, during that period, standards under subsection (1), in so far as they relate to programs for children, do not apply to a commercial television broadcasting service provided by the licensee unless that service is the core commercial television broadcasting service.

             (8)  If:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of a commercial television broadcasting licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area;

then, during that period, standards under subsection (1), in so far as they relate to Australian content of programs, do not apply to a commercial television broadcasting service provided by the licensee unless that service is the core commercial television broadcasting service.

             (9)  If a commercial television broadcasting licence is allocated under section 36 or subsection 40(1) on or after 1 January 2007, standards under subsection (1) do not apply to the licensee during the first 5 years of operation.

           (10)  In this section:

simulcast period has the same meaning as in Schedule 4.

18  At the end of section 123

Add:

             (5)  To avoid doubt, a reference in this section to broadcasting operations includes a reference to each commercial television broadcasting service provided by a commercial television broadcasting licensee.

19  Section 146B (paragraph (a) of the definition of televise)

Omit “the licensee’s commercial television broadcasting service”, substitute “a commercial television broadcasting service provided by the licensee”.

20  Section 204 (after table item dealing with subsection 40(1))

Insert:

Direction that a licence not be allocated under subsection 40(1)

Subsection 40(7)

The applicant

21  Paragraph 205B(1)(a)

After “service”, insert “or services”.

22  Subparagraph 205B(1)(c)(i)

After “service”, insert “or services”.

23  Paragraph 205B(1)(d)

After “service”, insert “or services”.

23A  After subsection 212(2A)

Insert:

          (2B)  The rule in subsection (2) does not prevent an action, suit or proceeding against a person under the Radiocommunications Act 1992 in relation to a breach of any of the conditions of a datacasting transmitter licence.

          (2C)  The Minister may give the ACMA a written direction about the exercise of the power conferred by subparagraph (1)(b)(ii).

24  Paragraph 212(3)(a)

Repeal the paragraph, substitute:

                     (a)  a re‑transmission by a commercial television broadcasting licensee of the programs transmitted by any of the licensee’s commercial television broadcasting services; or

                    (aa)  a re‑transmission by a commercial radio broadcasting licensee of the programs transmitted by the licensee’s commercial radio broadcasting service; or

25  Paragraph 7(1)(c) of Schedule 2

Before “the articles of association”, insert “except in the case of a licence allocated under subsection 40(1)—”.

26  Paragraph 7(1)(f) of Schedule 2

Omit “the broadcasting service”, substitute “broadcasting services”.

27  Paragraph 7(1)(h) of Schedule 2

Omit “the broadcasting service”, substitute “broadcasting services”.

28  Paragraph 7(1)(i) of Schedule 2

Omit “broadcasting services”, substitute “at least one broadcasting service”.

29  After paragraph 7(1)(m) of Schedule 2

Insert:

                   (ma)  subject to subclauses (5) and (6), if there is a simulcast period for the licence area of the licence—the licensee will provide a HDTV multi‑channelled commercial television broadcasting service during the simulcast period for the licence area;

                   (mb)  subject to subclauses (5) and (7), if:

                              (i)  there is a simulcast‑equivalent period for the licence area of the licence; and

                             (ii)  under the regulations, the licensee is required to provide a HDTV multi‑channelled commercial television broadcasting service in the licence area during that period;

                            the licensee will comply with that requirement;

                   (mc)  subject to subclauses (5), (6) and (7), if:

                              (i)  the licence was allocated under section 38A or 38B; and

                             (ii)  there is a simulcast‑equivalent period for the licence area of the licence;

                            the licensee will provide a HDTV multi‑channelled commercial television broadcasting service during the simulcast‑equivalent period for the licence area;

30  Paragraph 7(1)(na) of Schedule 2

Omit “quotas”.

31  After paragraph 7(1)(na) of Schedule 2

Insert:

                    (nb)  if subclause 37E(1) of Schedule 4 (which deals with HDTV quotas) applies to the licensee—the licensee will comply with that subclause;

32  Paragraph 7(1)(o) of Schedule 2

Repeal the paragraph, substitute:

                     (o)  if clause 38 of Schedule 4 (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee—the licensee will comply with that clause;

33  After paragraph 7(1)(oa) of Schedule 2

Insert:

                    (ob)  if clause 41C of Schedule 4 (which imposes restrictions on the televising of anti‑siphoning events) applies to the licensee—the licensee will comply with that clause;

34  Paragraph 7(2)(a) of Schedule 2

Before “the licensee will”, insert “except in a case where the licence was allocated under subsection 40(1)—”.

35  Paragraph 7(2)(a) of Schedule 2

After “service”, insert “or services”.

36  Paragraph 7(2)(c) of Schedule 2

Before “the licensee will”, insert “except in a case where the licence was allocated under subsection 40(1)—”.

37  Subparagraph 7(2A)(d)(i) of Schedule 2

After “service”, insert “or services”.

38  Subclauses 7(2B) and (2C) of Schedule 2

After “licence”, insert “(other than a licence allocated under subsection 40(1))”.

39  Subclause 7(3) of Schedule 2

Repeal the subclause.

40  At the end of clause 7 of Schedule 2

Add:

             (5)  Paragraphs (1)(ma), (mb) and (mc) do not apply to a licence if a commercial television broadcasting service provided under the licence is transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8) of Schedule 4.

             (6)  Paragraphs (1)(ma) and (mc) do not apply to a licence if:

                     (a)  the licensee provides a commercial television broadcasting service under the licence; and

                     (b)  an election under subclause 6(5A) or (5AA) of Schedule 4 is in force for the service.

             (7)  Paragraphs (1)(mb) and (mc) do not apply to a licence if:

                     (a)  the licensee provides an exempt remote area service under the licence; and

                     (b)  an election under subclause 6(7B) of Schedule 4 is in force for the service.

             (8)  An expression used in:

                     (a)  paragraph (1)(m), (ma), (mb), (mc) or (p) or subclause (5), (6) or (7); and

                     (b)  Schedule 4;

has the same meaning in that paragraph or subclause as it has in that Schedule.

41  Subparagraph 10(1)(e)(i) of Schedule 2

Omit “its broadcasting service”, substitute “any of its broadcasting services”.

42  Paragraph 10(1A) of Schedule 2

After “service”, insert “or services”.

43  Paragraphs 10(1B)(a) and (b) of Schedule 2

Omit “the licensee’s commercial television broadcasting service”, substitute “a commercial television broadcasting service provided by the licensee”.

44  Clause 2 of Schedule 4

Insert:

designated HDTV multi‑channelled national television broadcasting service has the meaning given by clause 5E.

45  Clause 2 of Schedule 4

Insert:

HDTV multi‑channelled commercial television broadcasting service has the meaning given by clause 5B.

46  Clause 2 of Schedule 4

Insert:

HDTV multi‑channelled national television broadcasting service has the meaning given by clause 5D.

47  Clause 2 of Schedule 4 (definition of simulcast‑equivalent period)

Repeal the definition, substitute:

simulcast‑equivalent period:

                     (a)  in relation to a commercial television broadcasting service—has the meaning given by clause 4C; or

                     (b)  in relation to a national television broadcasting service—has the meaning given by clause 4D.

48  After clause 4B of Schedule 4

Insert:

4C  Simulcast‑equivalent period for a licence area

                   If there is no simulcast period for a licence area of a commercial television broadcasting licence, the ACMA may, by legislative instrument, declare that a specified period is the simulcast‑equivalent period for the licence area.

49  Before clause 5C of Schedule 4

Insert:

5B  HDTV multi‑channelled commercial television broadcasting service

                   For the purposes of this Schedule, a commercial television broadcasting service is a HDTV multi‑channelled commercial television broadcasting service if:

                     (a)  the service is provided by a commercial television broadcasting licensee; and

                     (b)  the service is transmitted in HDTV digital mode using multi‑channelling transmission capacity; and

                     (c)  the service is promoted as a service that is distinct from any other commercial television broadcasting service provided by the licensee.

50  At the end of Part 1 of Schedule 4

Add:

5D  HDTV multi‑channelled national television broadcasting service

                   For the purposes of this Schedule, a national television broadcasting service is a HDTV multi‑channelled national television broadcasting service if:

                     (a)  the service is provided by:

                              (i)  the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or

                             (ii)  the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; and

                     (b)  the service is transmitted in HDTV digital mode using multi‑channelling transmission capacity; and

                     (c)  the service is promoted as a service that is distinct from any other national television broadcasting service provided by the Corporation concerned.

5E  Designated HDTV multi‑channelled national television broadcasting service

             (1)  For the purposes of this Schedule, a designated HDTV multi‑channelled national television broadcasting service provided by a national broadcaster in a coverage area is:

                     (a)  if the national broadcaster provides a single HDTV multi‑channelled national television broadcasting service in the coverage area—that service; or

                     (b)  subject to subclauses (2) and (3), if the national broadcaster provides 2 or more HDTV multi‑channelled national television broadcasting services in the coverage area—each of those services.

             (2)  Paragraph (1)(b) does not apply to a HDTV multi‑channelled national television broadcasting service provided by a national broadcaster in a coverage area if the national broadcaster gives the Minister a written notice electing that paragraph (1)(b) not apply to the service.

             (3)  A notice under subclause (2) has no effect if, as a result of the notice being given, paragraph (1)(b) would not apply to any of the HDTV multi‑channelled national television broadcasting services provided by the national broadcaster in the coverage area.

50A  After subclause 6(5B) of Schedule 4

Insert:

        (5BA)  An election made under subclause (5A) or (5AA) remains in force until:

                     (a)  it is revoked, by written notice given to the ACMA, by:

                              (i)  if neither of the licences referred to in whichever of paragraph (5A)(a) or (5AA)(a) is applicable has been transferred since the making of the election—the holder of the licence allocated under section 38A or 38B; or

                             (ii)  if the licence allocated under section 38A or 38B has been transferred since the making of the election—the holder of that licence; or

                            (iii)  if a parent licence referred to in whichever of section 38A or 38B is applicable has been transferred since the making of the election—the holder of that parent licence; and

                     (b)  the ACMA approves the revocation under clause 7B.

50B  Paragraph 6(7C)(b) of Schedule 4

Omit “in writing”, substitute “under clause 7B”.

50C  Subclauses 6(7D) and (7E) of Schedule 4

Repeal the subclauses.

50D  Subparagraph 6(7F)(b)(ii) of Schedule 4

Omit “the other”, substitute “each other”.

51  Before subclause 6(8) of Schedule 4

Insert:

HDTV multi‑channelled commercial television broadcasting services

           (7J)  This clause does not apply to a HDTV multi‑channelled commercial television broadcasting service.

Licences allocated under section 36 on or after 1 January 2007

          (7K)  This clause does not apply in relation to a commercial television broadcasting licence if the licence was allocated under section 36 on or after 1 January 2007.

Licences allocated under subsection 40(1) on or after 1 January 2007

           (7L)  This clause does not apply in relation to a commercial television broadcasting licence if the licence was allocated under subsection 40(1) on or after 1 January 2007.

51A  After clause 7A of Schedule 4

Insert:

7B  Revocation of multi‑channelling election

Scope

             (1)  This clause applies if a commercial television broadcasting licensee gives the ACMA a notice of revocation under subclause 6(5BA) or (7C).

Approval of revocation

             (2)  If the ACMA is satisfied that there is sufficient radiofrequency spectrum available, the ACMA must, by notice in writing given to the licensee:

                     (a)  approve the revocation; and

                     (b)  specify a day as the day on which the revocation takes effect; and

                     (c)  vary the relevant digital channel plan under the commercial television conversion scheme to allot a channel to the licensee.

             (3)  For the purposes of subclause (2), any part of the spectrum covered by a determination under subsection 34(3) is taken not to be available.

             (4)  The ACMA may, before the day specified under paragraph (2)(b), by notice in writing, vary the day on which the revocation takes effect.

Refusal to approve revocation

             (5)  If the ACMA refuses to approve the revocation, the ACMA must give written notice of the refusal to the licensee.

52  Paragraph 8(4)(b) of Schedule 4

Omit “the commercial television broadcasting service concerned”, substitute “commercial television broadcasting services in accordance with the commercial television broadcasting licence”.

53  Paragraph 8(7)(a) of Schedule 4

Repeal the paragraph, substitute:

                     (a)  the holder contravenes:

                              (i)  paragraph 7(1)(ma) of Schedule 2; or

                             (ii)  a standard under subclause 37(1); or

                            (iii)  a standard under subclause 37A(1); or

                            (iv)  subclause 37E(1); or

                             (v)  a standard under subclause 37E(3); and

Note:       The heading to subclause 8(7) is altered by omitting “standards” and substituting “requirements”.

54  Paragraph 8(7)(b) of Schedule 4

Before “standard”, insert “provision or”.

55  Subclause 8(8) of Schedule 4

Omit “standard under subclause 37A(1) or 37E(1) or (3)”, substitute “provision or standard mentioned in subparagraph (7)(a)(i), (iii), (iv) or (v)”.

56  Paragraph 8(10)(b) of Schedule 4

Repeal the paragraph, substitute:

                     (b)  paragraph 7(1)(mb) of Schedule 2; or

                     (c)  a standard applicable to the holder under subclause 37B(1); or

                     (d)  a standard applicable to the holder under subclause 37C(1); or

                     (e)  a standard applicable to the holder under subclause 37G(1); or

                      (f)  a standard applicable to the holder under subclause 37G(2).

57  Subclause 8(10A) of Schedule 4

Omit “a standard under subclause 37C(1) or 37G(1) or (2)”, substitute “the provision mentioned in paragraph (10)(b) or a standard mentioned in paragraph (10)(d), (e) or (f)”.

58  After subclause 9(1) of Schedule 4

Insert:

          (1A)  Subclause (1) does not apply to a HDTV multi‑channelled commercial television broadcasting service.

          (1B)  Subclause (1) does not apply in relation to a commercial television broadcasting licence if the licence was allocated under section 36 on or after 1 January 2007.

          (1C)  Subclause (1) does not apply in relation to a commercial television broadcasting licence if the licence was allocated under subsection 40(1) on or after 1 January 2007.

59  After subclause 19(7B) of Schedule 4

Insert:

 HDTV multi‑channelled national television broadcasting services

          (7C)  This clause does not apply to a HDTV multi‑channelled national television broadcasting service.

60  After subclause 20(1A) of Schedule 4

Insert:

HDTV multi‑channelled national television broadcasting services

          (1B)  This clause does not apply to a HDTV multi‑channelled national television broadcasting service.

61  Paragraph 23(7)(a) of Schedule 4

Repeal the paragraph, substitute:

                     (a)  the national broadcaster contravenes:

                              (i)  subclause 35AA(1); or

                             (ii)  a standard under subclause 37(1); or

                            (iii)  a standard under subclause 37A(1); or

                            (iv)  subclause 37F(1); or

                             (v)  a standard under subclause 37F(3); and

Note:       The heading to subclause 23(7) is altered by omitting “standards” and substituting “requirements”.

62  Paragraph 23(7)(b) of Schedule 4

Omit “the standard”, substitute “that provision or standard”.

63  Subclause 23(8) of Schedule 4

Omit “standard under subclause 37A(1) or 37F(1) or (3)”, substitute “provision or standard mentioned in subparagraph (7)(a)(i), (iii), (iv) or (v)”.

64  Paragraph 23(10)(b) of Schedule 4

Repeal the paragraph, substitute:

                     (b)  subclause 35AA(2); or

                     (c)  a standard applicable to the national broadcaster under subclause 37B(1); or

                     (d)  a standard applicable to the national broadcaster under subclause 37C(1); or

                     (e)  a standard applicable to the national broadcaster under subclause 37H(1); or

                      (f)  a standard applicable to the national broadcaster under subclause 37H(2).

65  Subclause 23(10A) of Schedule 4

Omit “a standard under subclause 37C(1) or 37H(1) or (2)”, substitute “the provision mentioned in paragraph (10)(b) or a standard mentioned in paragraph (10)(d), (e) or (f)”.

66  After clause 35 of Schedule 4

Insert:

35AA  National broadcasters must provide HDTV multi‑channelled national television broadcasting service during simulcast period etc.

             (1)  If there is a simulcast period for a coverage area, a national broadcaster must provide at least one HDTV multi‑channelled national television broadcasting service in the coverage area during that period.

             (2)  If:

                     (a)  there is a simulcast‑equivalent period for a coverage area; and

                     (b)  under the regulations, a national broadcaster is required to provide a HDTV multi‑channelled national television broadcasting service in the coverage area during that period;

the national broadcaster must comply with that requirement.

67  Part 4 of Schedule 4 (heading)

Repeal the heading, substitute:

Part 4Standards and HDTV quotas

68  Division 2 of Part 4 of Schedule 4 (heading)

Repeal the heading, substitute:

Division 2HDTV quotas and standards

69  Before clause 37E of Schedule 4

Insert:

37DA  This Division does not apply in relation to licences allocated under subsection 40(1)

                   This Division does not apply in relation to a commercial television broadcasting licence if the licence was allocated under subsection 40(1).

70  Subclauses 37E(1), (2), (2A) and (2B) of Schedule 4

Repeal the subclauses, substitute:

             (1)  During the HDTV quota period for a commercial television broadcasting licence, the licensee must transmit at least the HDTV quota of high‑definition television programs in HDTV digital mode on the HDTV multi‑channelled commercial television broadcasting service provided by the licensee in the licence area.

             (2)  For the purposes of subclause (1), the HDTV quota period for a commercial television broadcasting licence is the period:

                     (a)  beginning:

                              (i)  if the licence was in force immediately before 1 January 2007 and is not the licence with the service licence number SL1150827—at the start of 1 January 2007; or

                             (ii)  if the licence is in force immediately before 1 January 2008 and the service licence number of the licence is SL1150827—at the start of 1 January 2008; or

                            (iii)  in any other case—at the start of the first day after the end of the 2‑year period that begins when the licensee is required to commence transmitting a commercial television broadcasting service in the licence area concerned; and

                     (b)  ending at the end of the simulcast period, or the simulcast‑equivalent period, for the licence area concerned.

Note:          The licence referred to in subparagraph (a)(ii) was allocated to Mildura Digital Television Pty Ltd for the Mildura/Sunraysia TV1 licence area.

          (2A)  For the purposes of subclause (1), the HDTV quota for a calendar year, or a part of a calendar year, included in the HDTV quota period is as follows:

                     (a)  for a calendar year—1040 hours;

                     (b)  for a part of a calendar year—1040 hours reduced on a pro‑rata basis.

71  Subclause 37E(3) of Schedule 4

Omit “the HDTV version of the commercial television broadcasting service concerned”, substitute “the HDTV multi‑channelled commercial television broadcasting service provided by the licensee in the licence area”.

72  Subclause 37E(4) of Schedule 4

Repeal the subclause, substitute:

Application

             (4)  Subclauses (1), (2) and (3) apply in relation to the transmission of a HDTV multi‑channelled commercial television broadcasting service in a licence area that is not a remote licence area, if the service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8).

             (5)  Subclauses (1), (2) and (3) do not apply to a commercial television broadcasting licence if an election under subclause 6(5A) or (5AA) is in force for a commercial television broadcasting service provided under the licence.

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

Note 2:       For prime viewing hours, see clause 37M.

73  Clause 37EA of Schedule 4

Repeal the clause.

74  Subclauses 37F(1), (2), (2A) and (2B) of Schedule 4

Repeal the subclauses, substitute:

             (1)  During the HDTV quota period for a national broadcaster, the national broadcaster must transmit at least the HDTV quota of high‑definition television programs in HDTV digital mode on a designated HDTV multi‑channelled national television broadcasting service provided by the broadcaster in the coverage area.

             (2)  For the purposes of subclause (1), the HDTV quota period for a national broadcaster is the period:

                     (a)  beginning at the start of 1 January 2007; and

                     (b)  ending after the end of the simulcast period, or the simulcast‑equivalent period, for the coverage area concerned.

          (2A)  For the purposes of subclause (1), the HDTV quota for a calendar year, or a part of a calendar year, included in the HDTV quota period is as follows:

                     (a)  for a calendar year—1040 hours;

                     (b)  for a part of a calendar year—1040 hours reduced on a pro‑rata basis.

75  Subclause 37F(3) of Schedule 4

Omit “the HDTV version of the national television broadcasting service concerned”, substitute “a designated HDTV multi‑channelled national television broadcasting service”.

76  Subclause 37F(4) of Schedule 4

Repeal the subclause, substitute:

Application

             (4)  Subclauses (1), (2) and (3) apply in relation to the transmission of a designated HDTV multi‑channelled national television broadcasting service in a coverage area that is not a remote coverage area, if the service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(8).

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

Note 2:       For prime viewing hours, see clause 37M.

77  Clause 37FA of Schedule 4

Repeal the clause.

78  Subclauses 37G(1), (1A), (1B) and (1C) of Schedule 4

Repeal the subclauses, substitute:

             (1)  The regulations may determine standards that require each commercial television broadcasting licensee 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 multi‑channelled commercial television broadcasting service provided by the licensee in the licence area.

79  Subclause 37G(2) of Schedule 4

Omit “HDTV version of the commercial television broadcasting service concerned”, substitute “HDTV multi‑channelled commercial television broadcasting service provided by the licensee in the licence area”.

80  Subclauses 37G(3) and (4) of Schedule 4

Repeal the subclauses, substitute:

Application

             (3)  Subclauses (1) and (2) apply in relation to the transmission of a HDTV multi‑channelled commercial television broadcasting service in a remote licence area, if the service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(10A).

             (4)  Subclauses (1) and (2) do not apply to a licence if:

                     (a)  the licensee provides an exempt remote area service under the licence; and

                     (b)  an election under subclause 6(7B) is in force for the service.

             (5)  If there is a simulcast period for the licence area of a commercial television broadcasting licence, subclauses (1) and (2) cease to apply to the licence at the end of that period.

             (6)  If there is a simulcast‑equivalent period for the licence area of a commercial television broadcasting licence, subclauses (1) and (2) cease to apply to the licence at the end of that period.

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

Note 2:       For prime viewing hours, see clause 37M.

81  Subclauses 37H(1), (1A), (1B) and (1C) of Schedule 4

Repeal the subclauses, substitute:

             (1)  The regulations may determine standards that require each national broadcaster 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 a designated HDTV multi‑channelled national television broadcasting service provided by the broadcaster in a coverage area.

82  Subclause 37H(2) of Schedule 4

Omit “the HDTV version of the national television broadcasting service concerned”, substitute “a designated HDTV multi‑channelled national television broadcasting service”.

83  Subclause 37H(3) of Schedule 4

Repeal the subclause, substitute:

Application

             (3)  Subclauses (1) and (2) apply in relation to the transmission of a designated HDTV multi‑channelled national television broadcasting service in a remote coverage area, if the service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(10A).

             (4)  If there is a simulcast period for a coverage area, subclauses (1) and (2) cease to apply to the coverage area at the end of that period.

             (5)  If there is a simulcast‑equivalent period for a coverage area, subclauses (1) and (2) cease to apply to the coverage area at the end of that period.

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

Note 2:       For prime viewing hours, see clause 37M.

84  Clause 37J of Schedule 4

Repeal the clause.

85  Division 3 of Part 4 of Schedule 4

Repeal the Division, substitute:

Division 3Captioning

38  Captioning

Basic rules

             (1)  Subject to this clause, each commercial television broadcasting licensee, and each national broadcaster, must provide a captioning service for:

                     (a)  television programs transmitted during prime viewing hours; and

                     (b)  television news or current affairs programs transmitted outside prime viewing hours.

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

             (2)  Subclause (1) does not require the provision by a commercial television broadcasting licensee of a captioning service for a television program covered by paragraph 6(8)(d).

             (3)  Subclause (1) does not require the provision by a national broadcaster of a captioning service for a television program covered by paragraph 19(8)(d).

             (4)  If:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of a commercial television broadcasting licence; and

                     (b)  the licensee provides a core commercial television broadcasting service in the licence area; and

                     (c)  the licensee provides:

                              (i)  a SDTV multi‑channelled commercial television broadcasting service; or

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

                            in the licence area;

then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:

                     (d)  the SDTV multi‑channelled commercial television broadcasting service; or

                     (e)  the HDTV multi‑channelled commercial television broadcasting service;

unless the program has been previously transmitted on the core commercial television broadcasting service.

             (5)  If:

                     (a)  a national broadcaster provides a national television broadcasting service in a coverage area; and

                     (b)  there is a simulcast period, or a simulcast‑equivalent period, for the coverage area;

then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:

                     (c)  a SDTV national television broadcasting service provided by the national broadcaster; or

                     (d)  a HDTV national television broadcasting service provided by the national broadcaster;

unless the television program has been previously transmitted by the national broadcaster on the national television broadcasting service to which clause 19 applies.

             (6)  Subclause (1) does not require the provision of a captioning service by the licensee of a commercial television broadcasting licence that was allocated under subsection 40(1) during:

                     (a)  the first year of operation of the licence; or

                     (b)  if the ACMA, by written notice given to the licensee, allows a longer period—that longer period.

             (7)  Subclause (1) does 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.

             (8)  For the purposes of paragraphs (7)(a) and (b), disregard minor and infrequent uses of the English language.

Special rules

             (9)  If:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of a commercial television broadcasting licence; and

                     (b)  during that period, the licensee transmits a television program on:

                              (i)  a SDTV multi‑channelled commercial television broadcasting service; or

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

                            in the licence area; and

                     (c)  the program has been previously transmitted on another commercial television broadcasting service provided by the licensee in the licence area; and

                     (d)  the licensee provided a captioning service for the program when the program was so previously transmitted on the other service;

the licensee must provide a captioning service for the television program transmitted as mentioned in paragraph (b).

           (10)  If:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the coverage area of a national television broadcaster; and

                     (b)  during that period, the national broadcaster transmits a television program on:

                              (i)  a SDTV multi‑channelled national television broadcasting service; or

                             (ii)  a HDTV multi‑channelled national television broadcasting service;

                            in the coverage area; and

                     (c)  the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster in the coverage area; and

                     (d)  the national broadcaster provided a captioning service for the program when the program was so previously transmitted on the other service;

the national broadcaster must provide a captioning service for the television program transmitted as mentioned in paragraph (b).

Prime viewing hours

           (11)  For the purposes of subclause (1), 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.

Definition

           (12)  In this clause:

program does not include advertising or sponsorship matter (whether or not of a commercial kind).

SDTV multi‑channelled commercial television broadcasting services

           (13)  The following provisions do not apply to a commercial television broadcasting licensee before 1 January 2009:

                     (a)  subparagraph (4)(c)(i);

                     (b)  paragraph (4)(d);

                     (c)  subparagraph (9)(b)(i).

86  Before clause 41H of Schedule 4

Insert:

Division 1Commercial television broadcasting services

41C  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a core service etc.

Scope

             (1)  This clause applies to a commercial television broadcasting licensee if:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of the licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Note:          For anti‑siphoning event, see subsection 6(1).

Division 2National television broadcasting services

87  After clause 41H of Schedule 4

Insert:

41J  HDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period etc.

Scope

             (1)  This clause applies to a national broadcaster if there is a simulcast period, or a simulcast‑equivalent period, for a coverage area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area the whole of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the national television broadcasting service to which clause 19 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the national television broadcasting service to which clause 19 applies; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area a part of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the national television broadcasting service to which clause 19 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the national television broadcasting service to which clause 19 applies; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled national television broadcasting service.

Note:          For anti‑siphoning event, see subsection 6(1).

88  At the end of Part 8 of Schedule 4

Add:

60C  Review of content and captioning rules applicable to multi‑channelled commercial television broadcasting services

             (1)  At least one year before the earliest digital television switch‑over day, the Minister must cause to be conducted a review of the following matters:

                     (a)  the operation of Part 9 of this Act and clause 38 of this Schedule, in so far as those provisions apply to:

                              (i)  SDTV multi‑channelled commercial television broadcasting services; and

                             (ii)  HDTV multi‑channelled commercial television broadcasting services;

                     (b)  whether Part 9 of this Act and clause 38 of this Schedule, in so far as those provisions apply to:

                              (i)  SDTV multi‑channelled commercial television broadcasting services; and

                             (ii)  HDTV multi‑channelled commercial television broadcasting services;

                            should be amended.

             (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 report.

88A  At the end of clause 41 of Schedule 6

Add:

             (3)  Subclauses (1) and (2) do not apply to a channel B datacasting transmitter licence unless the relevant transmitter, or any of the relevant transmitters, is operated for transmitting a datacasting service that is capable of being received by a domestic digital television receiver.

Radiocommunications Act 1992

88B  Section 5

Insert:

BSA exempt re‑transmission service means a service that, under subsection 212(1) of the Broadcasting Services Act 1992, is exempt from the regulatory regime established by that Act.

88C  Section 5

Insert:

channel A datacasting transmitter licence has the meaning given by section 98A.

88D  Section 5

Insert:

channel B datacasting transmitter licence has the meaning given by section 98B.

88E  Section 5

Insert:

commercial broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

88F  Section 5

Insert:

commercial radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

88G  Section 5

Insert:

community television broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

88H  Section 5

Insert:

domestic digital television receiver means domestic reception equipment that:

                     (a)  is not a hand‑held device; and

                     (b)  is capable of receiving television programs transmitted in:

                              (i)  SDTV digital mode; or

                             (ii)  HDTV digital mode; and

                     (c)  has such other characteristics (if any) as are specified in a legislative instrument made by the ACMA under this paragraph.

For the purposes of paragraph (b), disregard clause 6 of Schedule 6 to the Broadcasting Services Act 1992.

88J  Section 5

Insert:

HDTV digital mode has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

88K  Section 5

Insert:

national broadcaster has the same meaning as in the Broadcasting Services Act 1992.

88L  Section 5

Insert:

open narrowcasting television service has the same meaning as in the Broadcasting Services Act 1992.

88M  Section 5

Insert:

subscription television broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

88N  At the end of Division 1 of Part 3.3 of Chapter 3

Add:

98A  Channel A datacasting transmitter licence

             (1)  The ACMA may, by writing, declare that a specified datacasting transmitter licence proposed to be issued is a channel A datacasting transmitter licence for the purposes of this Act.

             (2)  If such a datacasting transmitter licence is issued, the licence is a channel A datacasting transmitter licence for the purposes of this Act.

             (3)  A declaration under subsection (1) is not a legislative instrument.

             (4)  A copy of a declaration under subsection (1) is to be made available on the ACMA’s Internet site.

98B  Channel B datacasting transmitter licence

             (1)  The ACMA may, by writing, declare that a specified datacasting transmitter licence proposed to be issued is a channel B datacasting transmitter licence for the purposes of this Act.

             (2)  If such a datacasting transmitter licence is issued, the licence is a channel B datacasting transmitter licence for the purposes of this Act.

             (3)  A declaration under subsection (1) is not a legislative instrument.

             (4)  A copy of a declaration under subsection (1) is to be made available on the ACMA’s Internet site.

89  After section 100D

Insert:

100E  NBS transmitter licences—authorisation of HDTV multi‑channelled national television broadcasting services

             (1)  If:

                     (a)  an NBS transmitter licence is or was issued to a national broadcaster; and

                     (b)  the NBS transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting one or more national television broadcasting services in digital mode using one or more channels; and

                     (c)  the national broadcaster provides, or proposes to provide, one or more HDTV multi‑channelled national television broadcasting services;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting HDTV multi‑channelled national television broadcasting services using those channels.

             (2)  In this section:

HDTV 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.

90  Subsection 102(1)

After “service”, insert “or services”.

90A  Subsection 102(2D)

After “transmitting”, insert “, in digital mode,”.

90B  Subsection 102(2D)

After “service”, insert “or services”.

90C  Subsection 102(2D)

After “the licence”, insert “(the related licence)”.

90D  After subsection 102(2E)

Insert:

        (2EA)  If the related licence is transferred, the new transmitter licence is taken to be issued to the person to whom the related licence is transferred.

90E  After subsection 102(2F)

Insert:

          (2G)  If:

                     (a)  under subclause 6(5BA) of Schedule 4 to the Broadcasting Services Act 1992, the licensee of a commercial television broadcasting licence (the related licence) gives the ACMA a notice of revocation of an election; and

                     (b)  the ACMA approves the revocation under clause 7B of Schedule 4 to that Act;

the ACMA must issue to the licensee of the related licence a new transmitter licence that authorises the operation of one or more specified radiocommunications transmitters for transmitting commercial television broadcasting services in digital mode in accordance with the related licence.

          (2H)  The new transmitter licence comes into force on the day on which the revocation takes effect.

           (2J)  If the related licence is transferred, the new transmitter licence is taken to be issued to the person to whom the related licence is transferred.

90F  Paragraph 102(3)(b)

After “service”, insert “or services”.

91  Subsection 102A(1)

After “service”, insert “or services”.

91A  Subsection 102A(2D)

After “licensee” (first occurring), insert “of a commercial television broadcasting licence (the related licence)”.

91B  Subsection 102A(2D)

After “service”, insert “or services”.

92  After section 102A

Insert:

102AA  Transmitter licences—authorisation of HDTV multi‑channelled commercial television broadcasting services during the simulcast period etc.

             (1)  If:

                     (a)  immediately before 1 January 2007, there was in force a transmitter licence issued under section 102 or 102A; and

                     (b)  the transmitter licence is held by the licensee of a commercial television broadcasting licence (the related licence); and

                     (c)  the transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a commercial television broadcasting service in digital mode using one or more channels; and

                     (d)  the licensee of the related licence provides, or proposes to provide, a HDTV multi‑channelled commercial television broadcasting service in accordance with the related licence;

the transmitter licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting the HDTV multi‑channelled commercial television broadcasting service, using those channels, during whichever of the following periods is applicable:

                     (e)  the simulcast period for the licence area of the related licence;

                      (f)  the simulcast‑equivalent period for the licence area of the related licence.

             (2)  In this section:

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

commercial television broadcasting service means a commercial broadcasting service that provides television programs.

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast‑equivalent period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

92A  Subsection 103(1)

After “apparatus licence”, insert “(other than an apparatus licence issued under subsection 102(2D), 102(2G) or 102A(2D))”.

92B  Subsection 103(4)

Omit “or 102A”.

92C  Subsection 103(4A)

Omit “section 102”, substitute “subsection 102(1)”.

92D  Paragraphs 103(4A)(a) and (b)

Omit “section”, substitute “subsection”.

92E  After subsection 103(4B)

Insert:

          (4C)  A transmitter licence issued under subsection 102(2D):

                     (a)  subject to paragraph (b), continues in force while the related licence referred to in that subsection remains in force; and

                     (b)  does not have effect while the related licence referred to in that subsection is suspended.

          (4D)  A transmitter licence issued under subsection 102(2G):

                     (a)  subject to paragraph (b), continues in force while the related licence referred to in that subsection remains in force; and

                     (b)  does not have effect while the related licence referred to in that subsection is suspended.

           (4E)  A transmitter licence issued under subsection 102A(1):

                     (a)  subject to paragraph (b), continues in force while the related licence referred to in that subsection remains in force; and

                     (b)  does not have effect while the related licence referred to in that subsection is suspended.

           (4F)  A transmitter licence issued under subsection 102A(2D):

                     (a)  subject to paragraph (b), continues in force while the related licence referred to in that subsection remains in force; and

                     (b)  does not have effect while the related licence referred to in that subsection is suspended.

92F  After subsection 106(5)

Insert:

          (5A)  A system so determined must provide that a person is not eligible to apply for a channel A datacasting transmitter licence unless the person meets specified requirements.

92G  Subsection 106(7)

After “(5),”, insert “(5A),”.

92H  After subsection 106(9)

Insert:

          (9A)  The Minister may give written directions to the ACMA in relation to the exercise of the power conferred by subsection (5A).

92J  Subsection 106(10)

After “(9)”, insert “or (9A)”.

92K  At the end of subsection 106(11)

Add “or (9A)”.

92L  Paragraph 109A(1)(g)

Before “a condition”, insert “if the licence is neither a channel A datacasting transmitter licence nor a channel B datacasting transmitter licence—”.

92M  Paragraph 109A(1)(ga)

Repeal the paragraph, substitute:

                    (ga)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, or a person so authorised, will commence to transmit a datacasting service within 18 months after the allocation of the licence or within such longer period as is notified in writing by the ACMA;

92N  Paragraph 109A(1)(h)

Repeal the paragraph.

92P  At the end of paragraph 109A(1)(i)

Add:

                        or (iii)  that service is a BSA exempt re‑transmission service;

92Q  After paragraph 109A(1)(i)

Insert:

                     (ia)  if the licence is a channel A datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service unless:

                              (i)  the service is provided under, and in accordance with the conditions of, a BSA datacasting licence, and the service is capable of being received by a domestic digital television receiver; or

                             (ii)  the service is an open narrowcasting television service that is capable of being received by a domestic digital television receiver; or

                            (iii)  the service is a community television broadcasting service that is capable of being received by a domestic digital television receiver;

                     (ib)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service if the datacasting service is:

                              (i)  a commercial broadcasting service; or

                             (ii)  a subscription television broadcasting service that is capable of being received by a domestic digital television receiver;

                     (ic)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service if the licensee or the person so authorised is:

                              (i)  a company that holds a commercial television broadcasting licence; or

                             (ii)  a person who is in a position to exercise control of a commercial television broadcasting licence; or

                            (iii)  a company, where a person is in a position to exercise control of the company and a commercial television broadcasting licence; or

                            (iv)  a national broadcaster; or

                             (v)  a company, where a national broadcaster is in a position to exercise control of the company;

                            and the datacasting service is capable of being received by a domestic digital television receiver;

                     (id)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service provided under a BSA datacasting licence if the holder of the BSA datacasting licence is:

                              (i)  a company that holds a commercial television broadcasting licence; or

                             (ii)  a person who is in a position to exercise control of a commercial television broadcasting licence; or

                            (iii)  a company, where a person is in a position to exercise control of the company and a commercial television broadcasting licence; or

                            (iv)  a national broadcaster; or

                             (v)  a company, where a national broadcaster is in a position to exercise control of the company;

                            and the datacasting service is capable of being received by a domestic digital television receiver;

                     (ie)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service if:

                              (i)  the service is a BSA exempt re‑transmission service; and

                             (ii)  the service is capable of being received by a domestic digital television receiver;

                     (if)  if the licence is a channel A datacasting transmitter licence or a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service unless that service is transmitted in digital mode (within the meaning of Schedule 4 to the Broadcasting Services Act 1992);

92QA  Before paragraph 109A(1)(j)

Insert:

                      (ij)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, will comply with an access undertaking in force under Division 4A in relation to the licence;

92R  Subsection 109A(1A)

After “(1)(g)”, insert “or (ga)”.

92S  Subsection 109A(1B)

Repeal the subsection, substitute:

          (1B)  For the purposes of subparagraph (1)(ib)(ii), it is immaterial whether a domestic digital television receiver is capable of receiving subscription television broadcasting services when used:

                     (a)  in isolation; or

                     (b)  in conjunction with any other equipment.

          (1C)  A condition specified in a licence under paragraph (1)(k) may deal with the commencement or continuity of transmission of datacasting services.

          (1D)  Subsection (1C) does not limit paragraph (1)(k).

           (1E)  Paragraphs (1)(g) and (ga) do not limit subsection (1C).

92T  Subsection 109A(4)

After “subparagraphs”, insert “(1)(ic)(ii), (iii) and (v), (1)(id)(ii), (iii) and (v),”.

92U  At the end of section 109A

Add:

             (5)  Subsections (2) and (3) do not apply to a channel B datacasting transmitter licence unless the relevant transmitter, or any of the relevant transmitters, is operated for transmitting a datacasting service that is capable of being received by a domestic digital television receiver.

Ministerial directions

             (6)  The Minister may give the ACMA a written direction about the exercise of the power conferred by paragraph (1)(k) to specify conditions in a channel A datacasting transmitter licence.

92UA  After Division 4 of Part 3.3 of Chapter 3

Insert:

Division 4AAccess to channel B datacasting transmitter licences

118A  Access to channel B datacasting transmitter licences

                   A reference in this Division to access to a channel B datacasting transmitter licence is a reference to access to services that enable or facilitate the transmission of one or more content services under the licence, where the access is provided for the purpose of enabling one or more content service providers to provide one or more content services.

Note:          Content service provider and content service are defined in section 118M.

118B  Applicant for channel B datacasting transmitter licences must give the ACCC an access undertaking

             (1)  A person is not eligible to apply for a channel B datacasting transmitter licence unless:

                     (a)  the person has given the ACCC a written undertaking that, in the event that the licence is issued to the person, each of the following persons:

                              (i)  the first holder of the licence;

                             (ii)  any person authorised by the first holder of the licence to operate radiocommunications transmitters under the licence;

                            (iii)  any future holder of the licence;

                            (iv)  any person authorised by a future holder of the licence to operate radiocommunications transmitters under the licence;

                            will:

                             (v)  comply with such obligations in relation to access to the licence as are ascertained in accordance with the undertaking; and

                            (vi)  do so on such terms and conditions as are agreed with the holder of the licence (or the person so authorised) or, failing agreement, on such terms and conditions as are ascertained in accordance with the undertaking; and

                     (b)  the ACCC has accepted the undertaking.

             (2)  The undertaking must be in a form approved in writing by the ACCC.

             (3)  The undertaking must be accompanied by the fee (if any) specified in the Procedural Rules. The amount of the fee must not be such as to amount to taxation.

             (4)  The undertaking may be without limitations or may be subject to such limitations as are specified in the undertaking.

             (5)  The Procedural Rules may make provision for or in relation to a time limit for giving the undertaking.

118C  Further information about access undertaking

             (1)  This section applies if a person gives an access undertaking to the ACCC.

             (2)  The ACCC may request the person to give the ACCC further information about the access undertaking.

             (3)  If:

                     (a)  the Procedural Rules make provision for or in relation to a time limit for giving the information; and

                     (b)  the person does not give the ACCC the information within the time limit allowed by the Procedural Rules;

the ACCC may, by written notice given to the person, reject the access undertaking.

             (4)  If the Procedural Rules do not make provision for or in relation to a time limit for giving the information, the ACCC may refuse to consider the access undertaking until the person gives the ACCC the information.

             (5)  The ACCC may withdraw its request for further information, in whole or in part.

             (6)  Information obtained by the ACCC under this section is taken to be protected Part XIB or XIC information for the purposes of section 155AB of the Trade Practices Act 1974.

118D  ACCC to accept or reject access undertaking

             (1)  This section applies if a person gives an access undertaking to the ACCC.

Decision to accept or reject access undertaking

             (2)  After considering the access undertaking, the ACCC must:

                     (a)  accept the access undertaking; or

                     (b)  reject the access undertaking.

             (3)  If the ACCC rejects the access undertaking, the ACCC may give the person a written notice advising the person that, if the person:

                     (a)  makes such alterations to the access undertaking as are specified in the notice; and

                     (b)  gives the altered access undertaking to the ACCC within the time limit allowed by the Procedural Rules;

the ACCC will accept the altered access undertaking.

Notice of decision

             (4)  If the ACCC accepts the access undertaking, the ACCC must give the person a written notice stating that the access undertaking has been accepted.

             (5)  If the ACCC rejects the access undertaking, the ACCC must give the person a written notice:

                     (a)  stating that the access undertaking has been rejected; and

                     (b)  setting out the reasons for the rejection.

118E  Duration of access undertaking etc.

             (1)  If:

                     (a)  a person gives an access undertaking to the ACCC in relation to a channel B datacasting transmitter licence; and

                     (b)  the ACCC accepts the access undertaking; and

                     (c)  the licence is issued to the person;

the access undertaking:

                     (d)  comes into force when the licence is issued; and

                     (e)  remains in force while the licence is in force; and

                      (f)  is suspended while the licence is suspended.

             (2)  To avoid doubt, if:

                     (a)  an access undertaking is in force in relation to a channel B datacasting transmitter licence; and

                     (b)  the licence is transferred;

then:

                     (c)  the transfer does not result in the lapse of the access undertaking; and

                     (d)  the transferee, and any person authorised by the transferee to operate radiocommunications transmitters under the licence, is bound by the access undertaking.

             (3)  If:

                     (a)  a channel B datacasting transmitter licence is renewed; and

                     (b)  immediately before the expiry of the original licence, an access undertaking was in force in relation to the original licence;

the access undertaking:

                     (c)  remains in force while the new licence is in force, as if:

                              (i)  it were an access undertaking in relation to the new licence; and

                             (ii)  each reference in the access undertaking to a holder of the original licence were a reference to a holder of the new licence; and

                     (d)  is suspended while the new licence is suspended.

118F  Variation of access undertakings

             (1)  This section applies if an access undertaking is in force in relation to a channel B datacasting transmitter licence.

             (2)  The licensee may give the ACCC a variation of the access undertaking.

Decision to accept or reject variation

             (3)  After considering the variation, the ACCC must decide to:

                     (a)  accept the variation; or

                     (b)  reject the variation.

             (4)  If the ACCC rejects the variation, the ACCC may give the person a written notice advising the person that, if the person:

                     (a)  makes such alterations to the variation as are specified in the notice; and

                     (b)  gives the altered variation to the ACCC within the time limit allowed by the Procedural Rules;

the ACCC will accept the altered variation.

Notice of decision

             (5)  If the ACCC accepts the variation, the ACCC must give the licensee a written notice:

                     (a)  stating that the variation has been accepted; and

                     (b)  setting out the terms of the variation.

             (6)  If the ACCC rejects the variation, the ACCC must give the licensee a written notice:

                     (a)  stating that the variation has been rejected; and

                     (b)  setting out the reasons for the rejection.

118G  Further information about variation of access undertaking

             (1)  This section applies if the licensee of a channel B datacasting transmitter licence gives the ACCC a variation of an access undertaking.

             (2)  The ACCC may request the licensee to give the ACCC further information about the variation.

             (3)  If:

                     (a)  the Procedural Rules make provision for or in relation to a time limit for giving the information; and

                     (b)  the licensee does not give the ACCC the information within the time limit allowed by the Procedural Rules;

the ACCC may, by written notice given to the licensee, reject the variation.

             (4)  If the Procedural Rules do not make provision for or in relation to a time limit for giving the information, the ACCC may refuse to consider the variation until the licensee gives the ACCC the information.

             (5)  The ACCC may withdraw its request for further information, in whole or in part.

             (6)  Information obtained by the ACCC under this section is taken to be protected Part XIB or XIC information for the purposes of section 155AB of the Trade Practices Act 1974.

118H  Decision‑making criteria

Acceptance of access undertaking

             (1)  The ACCC may, by legislative instrument, determine criteria to be applied by the ACCC in deciding whether to accept access undertakings.

             (2)  In deciding whether to accept access undertakings, the ACCC must apply criteria determined under subsection (1).

Acceptance of variation of access undertaking

             (3)  The ACCC may, by legislative instrument, determine criteria to be applied by the ACCC in deciding whether to accept variations of access undertakings.

             (4)  In deciding whether to accept variations of access undertakings, the ACCC must apply criteria determined under subsection (3).

118J  Register of access undertakings

             (1)  The ACCC is to maintain a Register in which the ACCC includes all access undertakings that are in force.

             (2)  The Register may be maintained by electronic means.

             (3)  The Register is to be made available for inspection on the Internet.

118K  Enforcement of access undertakings

             (1)  This section applies if an access undertaking is in force in relation to a channel B datacasting transmitter licence.

             (2)  If:

                     (a)  the ACCC; or

                     (b)  any person (the affected person) whose interests are affected by the access undertaking;

thinks that a person (the third person) has breached the access undertaking, the ACCC or affected person may apply to the Federal Court for an order under subsection (3).

             (3)  If the Federal Court is satisfied that the third person has breached the access undertaking, the Court may make all or any of the following orders:

                     (a)  an order directing the third person to comply with the access undertaking;

                     (b)  an order directing the third person to compensate any other person who has suffered loss or damage as a result of the breach;

                     (c)  any other order that the Court thinks appropriate.

             (4)  The Federal Court may discharge or vary an order granted under this section.

118L  Procedural Rules

             (1)  The ACCC may, by legislative instrument, make rules:

                     (a)  making provision for or in relation to the practice and procedure to be followed by the ACCC in performing functions, or exercising powers, under this Division; or

                     (b)  making provision for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the ACCC under this Division; or

                     (c)  prescribing matters required or permitted by any other provision of this Division to be prescribed by the Procedural Rules.

             (2)  Rules under subsection (1) are to be known as Procedural Rules.

             (3)  The Procedural Rules may make provision for or in relation to any or all of the following:

                     (a)  the confidentiality of information or documents given to the ACCC by a person who gave the ACCC an access undertaking or a variation of an access undertaking;

                     (b)  the form and content of undertakings, variations or other documents given to the ACCC under this Division;

                     (c)  requiring the ACCC to give information to the ACMA about the operation of this Division;

                     (d)  requiring the ACMA to give information to the ACCC that is relevant to the operation of this Division.

             (4)  The Procedural Rules may make provision for or in relation to a matter by empowering the ACCC to make decisions of an administrative character.

             (5)  The Procedural Rules may provide that the ACCC may refuse to consider an access undertaking if:

                     (a)  the ACCC is satisfied that the access undertaking:

                              (i)  is frivolous; or

                             (ii)  is vexatious; or

                            (iii)  was not given in good faith; or

                     (b)  the ACCC has reason to believe that the access undertaking was given for the purpose, or for purposes that include the purpose, of frustrating or undermining the effective administration of this Division.

             (6)  The Procedural Rules may provide that the ACCC may refuse to consider an access undertaking given by a person in relation to a channel B datacasting transmitter licence if (apart from section 118B) the person is not eligible to apply for the licence.

             (7)  Subsections (3), (4), (5) and (6) do not limit subsection (1).

118M  Definitions

                   In this Division:

access has the meaning given by section 118A.

access undertaking means an undertaking under section 118B.

content service means a service covered by subparagraph 109A(1)(i)(i) or (ii), but does not include a service covered by subparagraph 109A(1)(ib)(i) or (ii).

content service provider means a company who provides, or proposes to provide, a content service.

Procedural Rules means Procedural Rules made under section 118L.

92V  Paragraph 125(1)(a)

Omit “(h), (i)”, substitute “(i), (ia), (ib), (ic), (id), (ie), (if)”.

92VA  Paragraph 125(1)(a)

Before “or (j)”, insert “, (ij)”.

92W  Subsection 128C(1)

Omit “(h), (i)”, substitute “(i), (ia), (ib), (ic), (id), (ie), (if)”.

92WA  Subsection 128C(1)

Before “or (j)”, insert “, (ij)”.

92X  Section 128D

Omit “(h), (i)”, substitute “(i), (ia), (ib), (ic), (id), (ie), (if)”.

92XA  Section 128D

Before “or (j)”, insert “, (ij)”.

92Y  Section 128E

Repeal the section.


 

Part 2Transitional provisions

93  Determinations under subsection 36(1) of the Broadcasting Services Act 1992

(1)        This item applies to a determination that:

                     (a)  was in force immediately before the commencement of this item; and

                     (b)  was made under subsection 36(1) of the Broadcasting Services Act 1992.

(2)        The determination, to the extent to which it deals with the allocation of:

                     (a)  commercial television broadcasting licences that are broadcasting services bands licences; and

                     (b)  commercial radio broadcasting licences that are broadcasting services bands licences;

has effect, after the commencement of this item, as if it had been made under subsection 36(1) of the Broadcasting Services Act 1992 as amended by this Schedule.

93A  Approval of revocation of multi‑channelling election etc.

(1)        This item applies to a notice that was given under subclause 6(7D) of Schedule 4 to the Broadcasting Services Act 1992 before the commencement of this item.

(2)        The notice has effect, after the commencement of this item, as if it had been given under subclause 7B(2) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

93B  Variation of the day on which a revocation of a multi‑channelling election takes effect

(1)        This item applies to a notice given under subclause 6(7E) of Schedule 4 to the Broadcasting Services Act 1992 before the commencement of this item.

(2)        The notice has effect, after the commencement of this item, as if it had been given under subclause 7B(4) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

93C  Variation of program standards

(1)        This item applies to a variation by the ACMA of a program standard if:

                     (a)  the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and

                     (b)  either:

                              (i)  the variation was made before the commencement of this item in accordance with section 4 of the Acts Interpretation Act 1901; or

                             (ii)  the variation is made within 30 days after the commencement of this item.

(2)        Section 126 of the Broadcasting Services Act 1992 does not apply to the variation.

(3)        Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.

(4)        The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s Internet site for a period of at least 5 business days.

93D  Variation of commercial television conversion scheme

(1)        This item applies to a variation by the ACMA of the commercial television conversion scheme if:

                     (a)  the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and

                     (b)  either:

                              (i)  the variation was made before the commencement of this item in accordance with section 4 of the Acts Interpretation Act 1901; or

                             (ii)  the variation is made within 30 days after the commencement of this item.

(2)        Clause 18 of Schedule 4 to the Broadcasting Services Act 1992 does not apply to the variation.

(3)        Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.

(4)        The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s Internet site for a period of at least 5 business days.

93E  Variation of national television conversion scheme

(1)        This item applies to a variation by the ACMA of the national television conversion scheme if:

                     (a)  the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and

                     (b)  either:

                              (i)  the variation was made before the commencement of this item in accordance with section 4 of the Acts Interpretation Act 1901; or

                             (ii)  the variation is made within 30 days after the commencement of this item.

(2)        Clause 33 of Schedule 4 to the Broadcasting Services Act 1992 does not apply to the variation.

(3)        Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.

(4)        The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s Internet site for a period of at least 5 business days.

94  Transmitter licences issued under section 102 of the Radiocommunications Act 1992

(1)        This item applies to a transmitter licence that:

                     (a)  was in force immediately before 1 January 2007; and

                     (b)  was issued under subsection 102(1) of the Radiocommunications Act 1992.

(2)        To avoid doubt, the amendment of subsection 102(1) of the Radiocommunications Act 1992 made by this Schedule does not affect the continuity of the transmitter licence.

95  Transmitter licences issued under section 102A of the Radiocommunications Act 1992

(1)        This item applies to a transmitter licence that:

                     (a)  was in force immediately before 1 January 2007; and

                     (b)  was issued under subsection 102A(1) of the Radiocommunications Act 1992.

(2)        To avoid doubt, the amendment of subsection 102A(1) of the Radiocommunications Act 1992 made by this Schedule does not affect the continuity of the transmitter licence.


 

Schedule 2AAmendments commencing on Proclamation

  

Broadcasting Services Act 1992

1  After Part 9

Insert:

Part 9ATechnical standards

  

130A  Technical standards for digital transmission

             (1)  The ACMA may, by legislative instrument, determine technical standards that relate to the transmission in digital mode of any or all of the following services delivered using the broadcasting services bands:

                     (a)  commercial television broadcasting services;

                     (b)  national television broadcasting services;

                     (c)  community television broadcasting services;

                     (d)  subscription television broadcasting services;

                     (e)  television broadcasting services provided under a class licence;

                      (f)  datacasting services provided under datacasting licences.

Conditional access systems

             (2)  Standards under subsection (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.

Application program interfaces

             (3)  Standards under subsection (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.

Conversion schemes

             (4)  The commercial television conversion scheme under clause 6 of Schedule 4 must be consistent with any standards determined under subsection (1).

             (5)  The national television conversion scheme under clause 19 of Schedule 4 must be consistent with any standards determined under subsection (1).

Instruments

             (6)  Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.

Compliance

             (7)  A national broadcaster must comply with a standard determined under subsection (1).

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

Note 2:       For compliance by holders of community television broadcasting licences, see clause 9 of Schedule 2.

Note 3:       For compliance by holders of subscription television broadcasting licences, see clause 10 of Schedule 2.

Note 4:       For compliance by providers of television broadcasting services provided under a class licence, see clause 11 of Schedule 2.

Note 5:       For compliance by holders of datacasting licences, see clause 24 of Schedule 6.

Note 6:       For compliance by holders of datacasting transmitter licences, see section 109A of the Radiocommunications Act 1992.

Definitions

             (8)  In this section:

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

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.

digital mode has the same meaning as in Schedule 4.

eligible datacasting service means:

                     (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.

national television broadcasting service has the same meaning as in Schedule 4.

130B  Technical standards for domestic digital reception equipment

             (1)  The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:

                     (a)  commercial television broadcasting services;

                     (b)  national television broadcasting services;

                     (c)  community television broadcasting services;

                     (d)  subscription television broadcasting services;

                     (e)  television broadcasting services provided under a class licence;

                      (f)  datacasting services provided under datacasting licences.

Offence

             (2)  A person commits an offence if:

                     (a)  the person supplies equipment; and

                     (b)  the equipment is domestic reception equipment; and

                     (c)  the equipment is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  community television broadcasting services;

                            (iv)  subscription television broadcasting services;

                             (v)  television broadcasting services provided under a class licence;

                            (vi)  datacasting services provided under datacasting licences; and

                     (d)  the equipment does not comply with a standard determined under subsection (1).

Penalty:  1,500 penalty units.

Civil penalty

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

                     (a)  the equipment is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  community television broadcasting services;

                            (iv)  subscription television broadcasting services;

                             (v)  television broadcasting services provided under a class licence;

                            (vi)  datacasting services provided under datacasting licences; and

                     (b)  the equipment does not comply with a standard determined under subsection (1).

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

Instruments

             (5)  Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.

Reception of subscription television broadcasting services

             (6)  For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription television broadcasting services when used:

                     (a)  in isolation; or

                     (b)  in conjunction with any other equipment.

Exemptions

             (7)  The ACMA may, by legislative instrument, exempt specified domestic reception equipment from subsections (2) and (3).

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Definitions

             (8)  In this section:

digital mode has the same meaning as in Schedule 4.

national television broadcasting service has the same meaning as in Schedule 4.

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

Part 9BIndustry codes and industry standards

Division 1Simplified outline

130C  Simplified outline

                   The following is a simplified outline of this Part:

•      Industry codes may be registered by the ACMA.

•      The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.

•      Compliance with industry standards is mandatory.

Division 2Interpretation

130D  Industry codes

                   For the purposes of this Part, an industry code is a code developed under this Part (whether or not in response to a request under this Part).

130E  Industry standards

                   For the purposes of this Part, an industry standard is a standard determined under this Part.

130F  Industry activities

             (1)  For the purposes of this Part, each of the following is an industry activity:

                     (a)  providing a commercial television broadcasting service;

                     (b)  providing a national television broadcasting service (within the meaning of Schedule 4);

                     (c)  providing a community television broadcasting service;

                     (d)  providing a subscription television broadcasting service;

                     (e)  providing a television broadcasting service under a class licence;

                      (f)  providing a datacasting service under a datacasting licence;

                     (g)  importing, manufacturing or supplying domestic reception equipment that is capable of receiving any or all of the following:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  community television broadcasting services;

                            (iv)  subscription television broadcasting services;

                             (v)  television broadcasting services provided under a class licence;

                            (vi)  datacasting services provided under datacasting licences;

                     (h)  operating a transmitter under a datacasting transmitter licence.

Reception of subscription television broadcasting services

             (2)  For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription television broadcasting services when used:

                     (a)  in isolation; or

                     (b)  in conjunction with any other equipment.

Definitions

             (3)  In this section:

import means import into Australia.

national television broadcasting service has the same meaning as in Schedule 4.

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

130G  Sections of the industry

             (1)  For the purposes of this Part, sections of the industry are to be ascertained in accordance with this section.

             (2)  The ACMA may, by legislative instrument, determine that persons carrying on, or proposing to carry on, one or more specified kinds of industry activity constitute a section of the industry for the purposes of this Part.

             (3)  The section must be identified in the determination by a unique name and/or number.

             (4)  A determination under subsection (2) has effect accordingly.

             (5)  Sections of the industry determined under subsection (2):

                     (a)  need not be mutually exclusive; and

                     (b)  may consist of the aggregate of any 2 or more sections of the industry determined under subsection (2); and

                     (c)  may be subsets of a section of the industry determined under subsection (2).

             (6)  Subsection (5) does not, by implication, limit subsection (2).

130H  Participants in a section of the industry

                   For the purposes of this Part, if a person is a member of a group that constitutes a section of the industry, the person is a participant in that section of the industry.

Division 3General principles relating to industry codes and industry standards

130J  Statement of regulatory policy

                   The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the industry should develop codes (industry codes) that are to apply to participants in that section of the industry in relation to the industry activities of the participants.

130K  Examples of matters that may be dealt with by industry codes and industry standards

             (1)  This section sets out examples of matters that may be dealt with by industry codes and industry standards.

             (2)  The applicability of a particular example will depend on which section of the industry is involved.

             (3)  The examples are as follows:

                     (a)  the labelling of domestic reception equipment;

                     (b)  electronic program guides, including the provision of information for the purpose of compiling electronic program guides;

                     (c)  the numbering of digital services, including the use of logical channel numbers;

                     (d)  application program interfaces (within the meaning of section 130A);

                     (e)  conditional access systems (within the meaning of section 130A);

                      (f)  the updating of software used in domestic reception equipment.

130L  Industry codes and industry standards not to deal with certain matters

                   For the purposes of this Part, an industry code or an industry standard that deals with a particular matter has no effect to the extent (if any) to which the matter is dealt with by:

                     (a)  a code registered, or a standard determined, under Part 6 of the Telecommunications Act 1997; or

                     (b)  a code registered, or a standard determined, under Part 9 of this Act; or

                     (c)  a standard determined under Part 9A of this Act; or

                     (d)  a standard determined under Part 4 of Schedule 4 to this Act; or

                     (e)  a code registered, or a standard determined, under Part 5 of Schedule 5 to this Act; or

                      (f)  a code registered, or a standard determined, under Part 4 of Schedule 6 to this Act.

Division 4Industry codes

130M  Registration of industry codes

             (1)  This section applies if:

                     (a)  the ACMA is satisfied that a body or association represents a particular section of the industry; and

                     (b)  that body or association develops an industry code that applies to participants in that section of the industry and deals with one or more matters relating to the industry activities of those participants; and

                     (c)  the body or association gives a copy of the code to the ACMA; and

                     (d)  the ACMA is satisfied that:

                              (i)  to the extent to which the code deals with one or more matters of substantial relevance to the community—the code provides appropriate community safeguards for that matter or those matters; and

                             (ii)  to the extent to which the code deals with one or more matters that are not of substantial relevance to the community—the code deals with that matter or those matters in an appropriate manner; and

                     (e)  the ACMA is satisfied that, before giving the copy of the code to the ACMA:

                              (i)  the body or association published a draft of the code and invited members of the public to make submissions to the body or association about the draft within a specified period; and

                             (ii)  the body or association gave consideration to any submissions that were received from members of the public within that period; and

                      (f)  the ACMA is satisfied that, before giving the copy of the code to the ACMA:

                              (i)  the body or association published a draft of the code and invited participants in that section of the industry to make submissions to the body or association about the draft within a specified period; and

                             (ii)  the body or association gave consideration to any submissions that were received from participants in that section of the industry within that period.

             (2)  The ACMA must register the code by including it in the Register of industry codes kept under section 130ZA.

             (3)  A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.

             (4)  If:

                     (a)  an industry code (the new code) is registered under this Part; and

                     (b)  the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new code is registered.

130N  ACMA may request codes

             (1)  If the ACMA is satisfied that a body or association represents a particular section of the industry, the ACMA may, by written notice given to the body or association, request the body or association to:

                     (a)  develop an industry code that applies to participants in that section of the industry and deals with one or more specified matters relating to the industry activities of those participants; and

                     (b)  give the ACMA a copy of the code within the period specified in the notice.

             (2)  The period specified in a notice under subsection (1) must run for at least 120 days.

             (3)  The ACMA must not make a request under subsection (1) in relation to a particular section of the industry unless the ACMA is satisfied that:

                     (a)  the development of the code is necessary or convenient in order to:

                              (i)  provide appropriate community safeguards; or

                             (ii)  otherwise deal with the performance or conduct of participants in that section of the industry; and

                     (b)  in the absence of the request, it is unlikely that an industry code would be developed within a reasonable period.

             (4)  The ACMA may vary a notice under subsection (1) by extending the period specified in the notice.

             (5)  Subsection (4) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901.

             (6)  A notice under subsection (1) may specify indicative targets for achieving progress in the development of the code (for example, a target of 60 days to develop a preliminary draft of the code).

130P  Publication of notice where no body or association represents a section of the industry

             (1)  If the ACMA is satisfied that a particular section of the industry is not represented by a body or association, the ACMA may publish a notice in the Gazette:

                     (a)  stating that, if such a body or association were to come into existence within a specified period, the ACMA would be likely to give a notice to that body or association under subsection 130N(1); and

                     (b)  setting out the matter or matters relating to the industry activities that would be likely to be specified in the subsection 130N(1) notice.

             (2)  The period specified in a notice under subsection (1) must run for at least 60 days.

130Q  Replacement of industry codes

             (1)  Changes to an industry code are to be achieved by replacing the code instead of varying the code.

             (2)  If the replacement code differs only in minor respects from the original code, section 130M has effect, in relation to the registration of the code, as if paragraphs 130M(1)(e) and (f) had not been enacted.

Note:          Paragraphs 130M(1)(e) and (f) deal with submissions about draft codes.

Division 5Industry standards

130R  ACMA may determine an industry standard if a request for an industry code is not complied with

             (1)  This section applies if:

                     (a)  the ACMA has made a request under subsection 130N(1) in relation to the development of a code that is to:

                              (i)  apply to participants in a particular section of the industry; and

                             (ii)  deal with one or more matters relating to the industry activities of those participants; and

                     (b)  any of the following conditions is satisfied:

                              (i)  the request is not complied with;

                             (ii)  if indicative targets for achieving progress in the development of the code were specified in the notice of request—any of those indicative targets were not met;

                            (iii)  the request is complied with, but the ACMA subsequently refuses to register the code; and

                     (c)  the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:

                              (i)  provide appropriate community safeguards in relation to that matter or those matters; or

                             (ii)  otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.

             (2)  The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard.

             (3)  Before determining an industry standard under this section, the ACMA must consult the body or association to whom the request mentioned in paragraph (1)(a) was made.

             (4)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

130S  ACMA may determine industry standard where no industry body or association formed

             (1)  This section applies if:

                     (a)  the ACMA is satisfied that a particular section of the industry is not represented by a body or association; and

                     (b)  the ACMA has published a notice under subsection 130P(1) relating to that section of the industry; and

                     (c)  that notice:

                              (i)  states that, if such a body or association were to come into existence within a particular period, the ACMA would be likely to give a notice to that body or association under subsection 130N(1); and

                             (ii)  sets out one or more matters relating to the industry activities of the participants in that section of the industry; and

                     (d)  no such body or association comes into existence within that period; and

                     (e)  the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:

                              (i)  provide appropriate community safeguards in relation to that matter or those matters; or

                             (ii)  otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.

             (2)  The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard.

             (3)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

130T  ACMA may determine industry standards—total failure of industry codes

             (1)  This section applies if:

                     (a)  an industry code that:

                              (i)  applies to participants in a particular section of the industry; and

                             (ii)  deals with one or more matters relating to the industry activities of those participants;

                            has been registered under this Part for at least 180 days; and

                     (b)  the ACMA is satisfied that the code is totally deficient (as defined by subsection (6)); and

                     (c)  the ACMA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and

                     (d)  that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to participants in that section of the industry and deals with that matter or those matters.

             (2)  The period specified in a notice under paragraph (1)(c) must run for at least 30 days.

             (3)  The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard.

             (4)  If the ACMA is satisfied that a body or association represents that section of the industry, the ACMA must consult the body or association before determining an industry standard under subsection (3).

             (5)  The industry code ceases to be registered under this Part on the day on which the industry standard comes into force.

             (6)  For the purposes of this section, an industry code that applies to participants in a particular section of the industry and deals with one or more matters relating to the industry activities of those participants is totally deficient if, and only if:

                     (a)  the code is not operating to provide appropriate community safeguards in relation to that matter or those matters; or

                     (b)  the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter or those matters.

             (7)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

130U  ACMA may determine industry standards—partial failure of industry codes

             (1)  This section applies if:

                     (a)  an industry code that:

                              (i)  applies to participants in a particular section of the industry; and

                             (ii)  deals with 2 or more matters relating to the industry activities of those participants;

                            has been registered under this Part for at least 180 days; and

                     (b)  section 130T does not apply to the code; and

                     (c)  the ACMA is satisfied that the code is deficient (as defined by subsection (6)) to the extent to which the code deals with one or more of those matters (the deficient matter or deficient matters); and

                     (d)  the ACMA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and

                     (e)  that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to participants in that section of the industry and deals with the deficient matter or deficient matters.

             (2)  The period specified in a notice under paragraph (1)(d) must run for at least 30 days.

             (3)  The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with the deficient matter or deficient matters. A standard under this subsection is to be known as an industry standard.

             (4)  If the ACMA is satisfied that a body or association represents that section of the industry, the ACMA must consult the body or association before determining an industry standard under subsection (3).

             (5)  On and after the day on which the industry standard comes into force, the industry code has no effect to the extent to which it deals with the deficient matter or deficient matters. However, this subsection does not affect:

                     (a)  the continuing registration of the remainder of the industry code; or

                     (b)  any investigation, proceeding or remedy in respect of a contravention of the industry code that occurred before that day.

             (6)  For the purposes of this section, an industry code that applies to participants in a particular section of the industry and deals with 2 or more matters relating to the industry activities of those participants is deficient to the extent to which it deals with a particular one of those matters if, and only if:

                     (a)  the code is not operating to provide appropriate community safeguards in relation to that matter; or

                     (b)  the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter.

             (7)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

130V  Compliance with industry standards

             (1)  If:

                     (a)  an industry standard that applies to participants in a particular section of the industry is registered under this Part; and

                     (b)  a person is a participant in that section of the industry;

the person must comply with the industry standard.

Offence

             (2)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (1); and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes the requirement.

Penalty:  1,500 penalty units.

Civil penalty

             (3)  Subsection (1) is a civil penalty provision.

130W  Formal warnings—breach of industry standards

             (1)  This section applies to a person who is a participant in a particular section of the industry.

             (2)  The ACMA may issue a formal warning if the person contravenes an industry standard registered under this Part.

130X  Variation of industry standards

                   The ACMA may, by legislative instrument, vary an industry standard that applies to participants in a particular section of the industry if it is satisfied that it is necessary or convenient to do so to:

                     (a)  provide appropriate community safeguards in relation to one or more matters relating to the industry activities of those participants; and

                     (b)  otherwise regulate adequately those participants in relation to one or more matters relating to the industry activities of those participants.

130Y  Revocation of industry standards

             (1)  The ACMA may, by legislative instrument, revoke an industry standard.

             (2)  If:

                     (a)  an industry code is registered under this Part; and

                     (b)  the code is expressed to replace an industry standard;

the industry standard is revoked when the code is registered.

130Z  Public consultation on industry standards

             (1)  Before determining or varying an industry standard, the ACMA must:

                     (a)  cause to be published in a newspaper circulating in each State a notice:

                              (i)  stating that the ACMA has prepared a draft of the industry standard or variation; and

                             (ii)  stating that free copies of the draft will be made available to members of the public during normal office hours throughout the period specified in the notice; and

                            (iii)  specifying the place or places where the copies will be available; and

                            (iv)  inviting interested persons to give written comments about the draft to the ACMA within the period specified under subparagraph (ii); and

                     (b)  make copies of the draft available in accordance with the notice.

             (2)  The period specified under subparagraph (1)(a)(ii) must run for at least 30 days after the publication of the notice.

             (3)  Subsection (1) does not apply to a variation if the variation is of a minor nature.

             (4)  If interested persons have given comments in accordance with a notice under subsection (1), the ACMA must have due regard to those comments in determining or varying the industry standard, as the case may be.

             (5)  In this section:

State includes the Australian Capital Territory and the Northern Territory.

Division 6Register of industry codes and industry standards

130ZA  ACMA to maintain Register of industry codes and industry standards

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

                     (a)  all industry codes required to be registered under this Part; and

                     (b)  all industry standards; and

                     (c)  all requests made under section 130N; and

                     (d)  all notices under section 130P.

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

             (3)  The Register is to be made available for inspection on the Internet.

2  After paragraph 7(1)(b) of Schedule 2

Insert:

                    (ba)  the licensee will comply with subsection 130V(1) (which deals with industry standards);

3  Paragraph 7(1)(n) of Schedule 2

Repeal the paragraph.

4  Paragraph 7(1)(oa) of Schedule 2

Omit “regulations made for the purposes of clause 36B of Schedule 4 (which deals with the accessibility of domestic reception equipment)”, substitute “standards under section 130A (which deals with technical standards for digital transmission)”.

5  Subclauses 7(2B), (2C), (2D) and (2E) of Schedule 2

Repeal the subclauses.

6  After paragraph 9(1)(c) of Schedule 2

Insert:

                    (ca)  the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

                    (cb)  the licensee will comply with subsection 130V(1) (which deals with industry standards);

7  After paragraph 10(1)(b) of Schedule 2

Insert:

                    (ba)  the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

                    (bb)  the licensee will comply with subsection 130V(1) (which deals with industry standards);

8  After paragraph 11(1)(b) of Schedule 2

Insert:

                    (ba)  in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

                    (bb)  in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the licensee will comply with subsection 130V(1) (which deals with industry standards);

9  Clause 2 of Schedule 4

Insert:

HDTV commercial television format standard means:

                     (a)  if the licence area concerned is not a remote licence area—a standard under section 130A that relates to the format in which television programs are to be transmitted in HDTV digital mode by commercial television broadcasting licensees in such a licence area, where the relevant service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned under subclause 8(8); or

                     (b)  if the licence area concerned is a remote licence area—a standard under section 130A that relates to the format in which television programs are to be transmitted in HDTV digital mode by commercial television broadcasting licensees in such a licence area, where the relevant service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned under subclause 8(10A).

10  Clause 2 of Schedule 4

Insert:

HDTV national television format standard means:

                     (a)  if the coverage area concerned is not a remote coverage area—a standard under section 130A that relates to the format in which television programs are to be transmitted in HDTV digital mode by national broadcasters in such a coverage area, where the relevant service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned under subclause 23(8); or

                     (b)  if the coverage area concerned is a remote coverage area—a standard under section 130A that relates to the format in which television programs are to be transmitted in HDTV digital mode by national broadcasters in such a coverage area, where the relevant service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned under subclause 23(10A).

11  Clause 2 of Schedule 4

Insert:

SDTV commercial television format standard means:

                     (a)  if the licence area concerned is not a remote licence area—a standard under section 130A that relates to the format in which television programs are to be transmitted in SDTV digital mode by commercial television broadcasting licensees in such a licence area; or

                     (b)  if the licence area concerned is a remote licence area—a standard under section 130A that relates to the format in which television programs are to be transmitted in SDTV digital mode by commercial television broadcasting licensees in such a licence area.

12  Clause 2 of Schedule 4

Insert:

SDTV national television format standard means:

                     (a)  if the coverage area concerned is not a remote coverage area—a standard under section 130A that relates to the format in which television programs are to be transmitted in SDTV digital mode by national broadcasters in such a coverage area; or

                     (b)  if the coverage area concerned is a remote coverage area—a standard under section 130A that relates to the format in which television programs are to be transmitted in SDTV digital mode by national broadcasters in such a coverage area.

13  Subparagraphs 8(7)(a)(ii) and (iii) of Schedule 4

Repeal the subparagraphs, substitute:

                             (ii)  a SDTV commercial television format standard; or

                            (iii)  a HDTV commercial television format standard; or

14  Paragraphs 8(10)(c) and (d) of Schedule 4

Repeal the paragraphs, substitute:

                     (c)  a SDTV commercial television format standard; or

                     (d)  a HDTV commercial television format standard; or

15  Subparagraphs 23(7)(a)(ii) and (iii) of Schedule 4

Repeal the subparagraphs, substitute:

                             (ii)  a SDTV national television format standard; or

                            (iii)  a HDTV national television format standard; or

16  Paragraphs 23(10)(c) and (d) of Schedule 4

Repeal the paragraphs, substitute:

                     (c)  a SDTV national television format standard; or

                     (d)  a HDTV national television format standard; or

17  Clause 35A of Schedule 4

Repeal the clause.

18  Part 3A of Schedule 4

Repeal the Part.

19  Division 1 of Part 4 of Schedule 4

Repeal the Division.

20  Division 4 of Part 4 of Schedule 4

Repeal the Division.

21  Division 1A of Part 3 of Schedule 6

Repeal the Division.

22  Paragraph 24(1)(ca) of Schedule 6

Omit “regulations made for the purposes of clause 36B of Schedule 4”, substitute “standards under section 130A (which deals with technical standards for digital transmission)”.

23  Paragraph 24(1)(g) of Schedule 6

Repeal the paragraph, substitute:

                     (g)  the licensee will comply with subsection 130V(1) (which deals with industry standards);

24  Paragraph 46(e) of Schedule 6

Omit “or clause 60 of this Schedule”.

25  Paragraph 52(1)(c) of Schedule 6

Omit “20B,”.

26  Subclauses 54(2) and (3) of Schedule 6

Omit “20B,”.

27  Part 10 of Schedule 6

Repeal the Part.

Radiocommunications Act 1992

28  Paragraph 109A(1)(fa)

Repeal the paragraph.

29  After paragraph 109A(1)(ga)

Insert:

                    (gb)  a condition that the licensee, or a person so authorised, will comply with any standards under section 130A of the Broadcasting Services Act 1992 (which deals with technical standards for digital transmission);

                    (gc)  a condition that the licensee, or a person so authorised, will comply with subsection 130V(1) of the Broadcasting Services Act 1992 (which deals with industry standards);


 

Schedule 3Amendments commencing on 1 January 2009

  

Broadcasting Services Act 1992

1  Subsection 6(1) (paragraph (b) of the definition of commercial television broadcasting licence)

Omit “section 41A”, substitute “section 41B or 41C”.

2  After subsection 18(1A)

Insert:

       (1AA)  A SDTV multi‑channelled commercial television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.

2A  After subsection 26A(1)

Insert:

          (1A)  If:

                     (a)  a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2007; and

                     (b)  the licence authorises the licensee to provide a SDTV multi‑channelled commercial television broadcasting service in the licence area;

the relevant licence area plan is not required to deal with the SDTV multi‑channelled commercial television broadcasting service.

2B  Subsection 26A(2)

Omit “Subsection (1) ceases”, substitute “Subsections (1) and (1A) cease”.

2C  Subsection 26A(3)

Insert:

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

2D  Paragraph 38B(21A)(c)

Omit “one or both”, substitute “any or all”.

2E  Subsection 38B(21B)

Omit “a commercial”, substitute “at least one commercial”.

3  After section 41A

Insert:

41B  Services authorised by commercial television broadcasting licences during so much of the simulcast period etc. as occurs on or after 1 January 2009

Licences in force immediately before 1 January 2009

             (1)  If:

                     (a)  a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2009; and

                     (b)  the licence authorised the licensee to provide the following 2 services in the licence area:

                              (i)  the core commercial television broadcasting service;

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

the licence is taken to authorise the licensee to provide the following 3 services in the licence area:

                     (c)  the core commercial television broadcasting service;

                     (d)  the HDTV multi‑channelled commercial television broadcasting service;

                     (e)  a SDTV multi‑channelled commercial television broadcasting service;

during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area.

Licences allocated on or after 1 January 2009

             (2)  If a commercial television broadcasting licence for a licence area is allocated on or after 1 January 2009 but before the end of whichever of the following periods is applicable:

                     (a)  the simulcast period for the licence area;

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

the licence authorises the licensee to provide the following 3 services in the licence area:

                     (c)  a HDTV multi‑channelled commercial television broadcasting service;

                     (d)  2 SDTV multi‑channelled commercial television broadcasting services;

during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area.

Licences allocated under subsection 40(1)

             (3)  This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).

Definitions

             (4)  In this section:

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

simulcast‑equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

41C  Services authorised by commercial television broadcasting licences after the end of the simulcast period etc.

Licences in force immediately before the end of the simulcast period etc.

             (1)  If a commercial television broadcasting licence for a licence area was in force immediately before the end of whichever of the following periods is applicable:

                     (a)  the simulcast period for the licence area;

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

then, after the end of the applicable period, the licence is taken to authorise the licensee to provide the following services in the licence area:

                     (c)  one or more HDTV multi‑channelled commercial television broadcasting services;

                     (d)  one or more SDTV multi‑channelled commercial television broadcasting services.

Licences allocated after the end of the simulcast period etc.

             (2)  If a commercial television broadcasting licence for a licence area is allocated after the end of whichever of the following periods is applicable:

                     (a)  the simulcast period for the licence area;

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

the licence authorises the licensee to provide the following services in the licence area:

                     (c)  one or more HDTV multi‑channelled commercial television broadcasting services;

                     (d)  one or more SDTV multi‑channelled commercial television broadcasting services.

Licences allocated under subsection 40(1)

             (3)  This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).

Definitions

             (4)  In this section:

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

simulcast‑equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

4  After section 115

Insert:

115A  Review of anti‑siphoning provisions

             (1)  Before 31 December 2009, the Minister must cause to be conducted a review of the following matters:

                     (a)  the operation of section 115;

                     (b)  the operation of paragraph 7(1)(ob) of Schedule 2;

                     (c)  the operation of paragraph 10(1)(e) and subclauses 10(1A) and (1B) of Schedule 2;

                     (d)  the operation of Part 4A of Schedule 4;

                     (e)  whether section 115 should be amended or repealed;

                      (f)  whether paragraph 7(1)(ob) of Schedule 2 should be amended or repealed;

                     (g)  whether paragraph 10(1)(e) and subclauses 10(1A) and (1B) of Schedule 2 should be amended or repealed;

                     (h)  whether Part 4A of Schedule 4 should be amended or repealed.

             (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 report.

5  Paragraph 7(1)(m) of Schedule 2

After “not broadcast”, insert “, on the core commercial television broadcasting service,”.

6  Paragraph 7(1)(ob) of Schedule 2

Repeal the paragraph, substitute:

                    (ob)  if a clause of Division 1 of Part 4A of Schedule 4 (which imposes restrictions on the televising of anti‑siphoning events) applies to the licensee—the licensee will comply with that clause;

6A  Paragraph 7(1)(p) of Schedule 2

After “section”, insert “101B, 101C,”.

7  Clause 2 of Schedule 4

Insert:

primary commercial television broadcasting service, in relation to a commercial television broadcasting licence, has the meaning given by clause 41G.

8  Clause 2 of Schedule 4

Insert:

primary national television broadcasting service, in relation to a national broadcaster, has the meaning given by clause 41M.

9  Clause 2 of Schedule 4

Insert:

SDTV multi‑channelled commercial television broadcasting service has the meaning given by clause 5A.

10  After clause 5 of Schedule 4

Insert:

5A  SDTV multi‑channelled commercial television broadcasting service

             (1)  For the purposes of this Schedule, a commercial television broadcasting service is a SDTV multi‑channelled commercial television broadcasting service if:

                     (a)  the service is provided by a commercial television broadcasting licensee; and

                     (b)  the service is transmitted in SDTV digital mode using multi‑channelling transmission capacity; and

                     (c)  the service is promoted as a service that is distinct from any other commercial television broadcasting service provided by the licensee; and

                     (d)  the service is not the core commercial television broadcasting service.

             (2)  Paragraph (1)(d) ceases to have effect at the end of the simulcast period, or simulcast‑equivalent period, for the licence area concerned.

11  After subclause 6(7J) of Schedule 4

Insert:

SDTV multi‑channelled commercial television broadcasting services

         (7JA)  This clause does not apply to a SDTV multi‑channelled commercial television broadcasting service.

12  After subclause 9(1A) of Schedule 4

Insert:

       (1AA)  Subclause (1) does not apply to a SDTV multi‑channelled commercial television broadcasting service.

13  After subclause 38(4) of Schedule 4

Insert:

          (4A)  If:

                     (a)  subsection 41B(2) applies to a commercial television broadcasting licence; and

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

                     (c)  the licensee provides a SDTV multi‑channelled commercial television broadcasting service that is the licensee’s primary commercial television broadcasting service; and

                     (d)  the licensee provides:

                              (i)  another SDTV multi‑channelled commercial television broadcasting service; or

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:

                     (e)  the other SDTV multi‑channelled commercial television broadcasting service; or

                      (f)  the HDTV multi‑channelled commercial television broadcasting service;

unless the program has been previously transmitted on the primary commercial television broadcasting service.

14  Before clause 41C of Schedule 4

Insert:

41A  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a core service etc.

Scope

             (1)  This clause applies to a commercial television broadcasting licensee if:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of the licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the licensee must not televise on a SDTV multi‑channelled commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the SDTV multi‑channelled commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the licensee must not televise on a SDTV multi‑channelled commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the SDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the SDTV multi‑channelled commercial television broadcasting service.

Note:          For anti‑siphoning event, see subsection 6(1).

41B  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a primary service etc.

Scope

             (1)  This clause applies to a commercial television broadcasting licensee if:

                     (a)  subsection 41B(2) applies to the licence; and

                     (b)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of the licence; and

                     (c)  during that period, the licensee provides:

                              (i)  a SDTV multi‑channelled commercial television broadcasting service that is the licensee’s primary commercial television broadcasting service; and

                             (ii)  another SDTV multi‑channelled commercial television broadcasting service (the secondary commercial television broadcasting service).

Televising the whole of an anti‑siphoning event

             (2)  During that period, the licensee must not televise on the secondary commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the licensee must not televise on the secondary commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the secondary commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see subclause 41G(1).

Note 2:       For anti‑siphoning event, see subsection 6(1).

15  After clause 41C of Schedule 4

Insert:

41D  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events during the simulcast period if there is a primary service etc.

Scope

             (1)  This clause applies to a commercial television broadcasting licensee if:

                     (a)  subsection 41B(2) applies to the licence; and

                     (b)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of the licence; and

                     (c)  during that period, the licensee provides a primary commercial television broadcasting service in the licence area.

Televising the whole of an anti‑siphoning event

             (2)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see subclause 41G(1).

Note 2:       For anti‑siphoning event, see subsection 6(1).

41E  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period etc.

Scope

             (1)  This clause applies to a commercial television broadcasting licensee after the end of the simulcast period, or the simulcast‑equivalent period, for the licence area of the licence if the licensee provides:

                     (a)  a SDTV multi‑channelled commercial television broadcasting service that is the licensee’s primary commercial television broadcasting service in the licence area; and

                     (b)  one or more other SDTV multi‑channelled commercial television broadcasting services (the secondary commercial television broadcasting services) in the licence area.

Televising the whole of an anti‑siphoning event

             (2)  The licensee must not televise on a secondary commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  The licensee must not televise on a secondary commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the secondary commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see subclause 41G(2).

Note 2:       For anti‑siphoning event, see subsection 6(1).

41F  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period etc.

Scope

             (1)  This clause applies to a commercial television broadcasting licensee after the end of the simulcast period, or the simulcast‑equivalent period, for the licence area of the licence.

Televising the whole of an anti‑siphoning event

             (2)  The licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  The licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of an anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see subclause 41G(2).

Note 2:       For anti‑siphoning event, see subsection 6(1).

41G  Primary commercial television broadcasting service

Service provided during the simulcast period etc.

             (1)  If subsection 41B(2) applies to a commercial television broadcasting licence, the ACMA may, by legislative instrument, declare that a specified SDTV multi‑channelled commercial television broadcasting service provided by the licensee during the simulcast period, or the simulcast‑equivalent period, for the licence area of the licence is the licensee’s primary commercial television broadcasting service in the licence area.

Service provided after the end of the simulcast period etc.

             (2)  The ACMA may, by legislative instrument, declare that a specified SDTV multi‑channelled commercial television broadcasting service provided by a commercial television broadcasting licensee after the end of the simulcast period, or the simulcast‑equivalent period, for the licence area of the licence is the licensee’s primary commercial television broadcasting service in the licence area.

16  After clause 41J of Schedule 4

Insert:

41K  SDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period etc.

Scope

             (1)  This clause applies to a national broadcaster after the end of the simulcast period, or the simulcast‑equivalent period, for a coverage area if the national broadcaster provides:

                     (a)  a SDTV multi‑channelled national television broadcasting service that is the broadcaster’s primary national television broadcasting service in the coverage area; and

                     (b)  one or more other SDTV multi‑channelled national television broadcasting services (the secondary national television broadcasting services) in the coverage area.

Televising the whole of an anti‑siphoning event

             (2)  The national broadcaster must not televise on a secondary national television broadcasting service in the coverage area the whole of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the secondary national television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  The national broadcaster must not televise on a secondary national television broadcasting service in the coverage area a part of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the secondary national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news or current affairs program broadcast on the secondary national television broadcasting service.

Note 1:       For primary national television broadcasting service, see clause 41M.

Note 2:       For anti‑siphoning event, see subsection 6(1).

41L  HDTV multi‑channelled national television broadcasting service—restrictions on televising anti‑siphoning events after the end of the simulcast period etc.

Scope

             (1)  This clause applies to a national broadcaster after the end of the simulcast period, or the simulcast‑equivalent period, for a coverage area.

Televising the whole of an anti‑siphoning event

             (2)  The national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area the whole of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service.

Televising a part of an anti‑siphoning event

             (3)  The national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area a part of an anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news or current affairs program broadcast on the HDTV multi‑channelled national television broadcasting service.

Note 1:       For primary national television broadcasting service, see clause 41M.

Note 2:       For anti‑siphoning event, see subsection 6(1).

41M  Primary national television broadcasting service

             (1)  A national broadcaster must, by written notice given to the Minister, declare that a specified SDTV multi‑channelled national television broadcasting service provided by the national broadcaster after the end of the simulcast period, or the simulcast‑equivalent period, for a coverage area is the broadcaster’s primary national television broadcasting service in the coverage area.

             (2)  The national broadcaster must ensure that a declaration under subclause (1) is in force at all times after the end of the simulcast period, or the simulcast‑equivalent period, for the coverage area concerned.

Radiocommunications Act 1992

16A  Section 5 (paragraph (a) of the definition of datacasting transmitter licence)

After “section”, insert “101B, 101C,”.

16B  Subsection 100(1)

After “100B,”, insert “101B, 101C,”.

16C  After section 101A

Insert:

101B  Transmitter licence—application if multi‑channelling election is in force in relation to remote licence area

             (1)  If:

                     (a)  a commercial television broadcasting licence (the related licence) allocated under section 38B of the Broadcasting Services Act 1992 is in force on or after 1 January 2009; and

                     (b)  an election under subclause 6(7B) of Schedule 4 to that Act is in force for a commercial television broadcasting service provided under the related licence;

the licensee of the related licence may, before the end of whichever of the following periods is applicable:

                     (c)  the simulcast period for the licence area;

                     (d)  the simulcast‑equivalent period for the licence area;

apply in writing to the ACMA for the issue of a transmitter licence under this section.

             (2)  An application under subsection (1) must be in a form approved by the ACMA.

Issue of transmitter licence

             (3)  If:

                     (a)  an application is made under subsection (1); and

                     (b)  the ACMA is satisfied that there is sufficient radiofrequency spectrum available;

the ACMA must:

                     (c)  vary the relevant digital channel plan under the commercial television conversion scheme to allot a channel to the licensee of the related licence; and

                     (d)  issue to the licensee of the related licence a transmitter licence authorising the operation of one or more specified radiocommunications transmitters for transmitting commercial television broadcasting services in digital mode in accordance with the related licence.

             (4)  For the purposes of paragraph (3)(b), any part of the spectrum covered by a determination under subsection 34(3) of the Broadcasting Services Act 1992 is taken not to be available.

             (5)  If the related licence is transferred, the transmitter licence is taken to be issued to the person to whom the related licence is transferred.

Definitions

             (6)  In this section:

simulcast‑equivalent period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

101C  Transmitter licence—application before the end of the simulcast period etc. if multi‑channelling election is in force

             (1)  If:

                     (a)  a commercial television broadcasting licence (the related licence) allocated under section 38A or 38B of the Broadcasting Services Act 1992 is in force on or after 1 January 2009; and

                     (b)  an election under subclause 6(5A), (5AA) or (7B) of Schedule 4 to that Act is in force for a commercial television broadcasting service provided under the related licence; and

                     (c)  no transmitter licence has been issued to the licensee of the related licence under section 101B;

the licensee of the related licence may, before the end of whichever of the following periods is applicable:

                     (d)  the simulcast period for the licence area;

                     (e)  the simulcast‑equivalent period for the licence area;

apply in writing to the ACMA for the issue of a transmitter licence under this section.

             (2)  An application under subsection (1) must be in a form approved by the ACMA.

Issue of transmitter licence

             (3)  If:

                     (a)  an application is made under subsection (1); and

                     (b)  the ACMA is satisfied that there is sufficient radiofrequency spectrum available;

the ACMA must issue to the licensee of the related licence a transmitter licence authorising the operation of one or more specified radiocommunications transmitters for transmitting commercial television broadcasting services in digital mode in accordance with the related licence.

             (4)  For the purposes of paragraph (3)(b), any part of the spectrum covered by a determination under subsection 34(3) of the Broadcasting Services Act 1992 is taken not to be available.

             (5)  The transmitter licence comes into force at the end of the simulcast period, or the simulcast‑equivalent period, for the licence area of the related licence.

             (6)  If the related licence is transferred, the transmitter licence is taken to be issued to the person to whom the related licence is transferred.

Consequences of revocation of election

             (7)  If:

                     (a)  an application is made under subsection (1); and

                     (b)  the election referred to in paragraph (1)(b) is revoked before the ACMA makes a decision on the application;

the application is taken never to have been made.

             (8)  If:

                     (a)  a transmitter licence is issued under subsection (3); and

                     (b)  the election referred to in paragraph (1)(b) is subsequently revoked;

the transmitter licence is cancelled.

Definitions

             (9)  In this section:

simulcast‑equivalent period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

16D  Paragraph 102(2A)(e)

Omit “another commercial television broadcasting service (the additional service)”, substitute “one or more other commercial television broadcasting services (the additional services)”.

16E  Paragraph 102(2A)(f)

Omit “the additional service”, substitute “at least one of the additional services”.

16F  Paragraph 102(2A)(g)

Omit “the additional service”, substitute “any of the additional services”.

16G  Paragraph 102(2A)(h)

Omit “service”, substitute “services”.

16H  Subsection 102(2C)

After “service” (first occurring), insert “or services”.

16J  Paragraph 102(2F)(a)

After “service”, insert “or services”.

16K  Paragraph 102A(2A)(e)

Omit “another commercial television broadcasting service (the additional service)”, substitute “one or more other commercial television broadcasting services (the additional services)”.

16L  Paragraph 102A(2A)(f)

Omit “the additional service”, substitute “at least one of the additional services”.

16M  Subsection 102A(2A)

Omit “the additional service in”, substitute “any of the additional services in”.

17  After section 102AA

Insert:

102AB  Transmitter licence—authorisation of SDTV multi‑channelled commercial television broadcasting services during so much of the simulcast period etc. as occurs on or after 1 January 2009

             (1)  If:

                     (a)  immediately before 1 January 2009, there was in force a transmitter licence issued under section 102 or 102A; and

                     (b)  the transmitter licence is held by the licensee of a commercial television broadcasting licence (the related licence); and

                     (c)  the transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting:

                              (i)  the core commercial television broadcasting service in digital mode; and

                             (ii)  a HDTV multi‑channelled commercial television broadcasting service;

                            in accordance with the related licence, using one or more channels; and

                     (d)  the licensee of the related licence provides, or proposes to provide, a SDTV multi‑channelled commercial television broadcasting service in accordance with the related licence;

the transmitter licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting the SDTV multi‑channelled commercial television broadcasting service, using those channels, during whichever of the following periods is applicable:

                     (e)  the simulcast period for the licence area of the related licence;

                      (f)  the simulcast‑equivalent period for the licence area of the related licence.

             (2)  In this section:

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

commercial television broadcasting service means a commercial broadcasting service that provides television programs.

core commercial television broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast‑equivalent period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

102AC  Transmitter licences—authorisation of commercial television broadcasting services after the end of the simulcast period etc.

             (1)  If:

                     (a)  a transmitter licence issued under section 102 was in force immediately before the end of whichever of the following periods is applicable to the licence area of a commercial television broadcasting licence (the related licence):

                              (i)  the simulcast period for the licence area;

                             (ii)  the simulcast‑equivalent period for the licence area; and

                     (b)  the transmitter licence is held by the licensee of the related licence; and

                     (c)  immediately before the end of the applicable period, the transmitter licence authorised the operation of one or more specified radiocommunications transmitters for transmitting one or more commercial television broadcasting services in accordance with the related licence, using one or more channels;

then, after the end of the applicable period, the transmitter licence authorises the operation of the transmitter or transmitters concerned for transmitting:

                     (d)  one or more HDTV multi‑channelled commercial television broadcasting services; and

                     (e)  one or more SDTV multi‑channelled commercial television broadcasting services;

in accordance with the related licence, using those channels.

             (2)  In this section:

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

commercial television broadcasting service means a commercial broadcasting service that provides television programs.

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast‑equivalent period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

simulcast period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

18  Subsection 103(1)

After “subsection”, insert “101C(3),”.

19  Subsection 103(2)

After “101A,”, insert “101B, 101C,”.

20  After subsection 103(4)

Insert:

       (4AA)  A transmitter licence issued under section 101B:

                     (a)  subject to paragraph (b), continues in force while the related licence referred to in that section remains in force; and

                     (b)  does not have effect while the related licence referred to in that section is suspended.

        (4AB)  A transmitter licence issued under section 101C:

                     (a)  subject to paragraph (b), continues in force while the related licence referred to in that section remains in force; and

                     (b)  does not have effect while the related licence referred to in that section is suspended.

21  Subsection 106A(2)

After “section”, insert “101B, 101C,”.

22  Subsection 107(3)

After “101A,”, insert “101B, 101C,”.

23  Subsection 108(5)

After “101A,”, insert “101B, 101C,”.

24  Subsection 109(1)

After “section”, insert “101B, 101C,”.

25  After subsection 109(1)

Insert:

          (1A)  The conditions of a licence issued under section 101B, including any further conditions imposed under paragraph 111(1)(a), must not be inconsistent with the commercial television broadcasting licence referred to in section 101B.

          (1B)  The conditions of a licence issued under section 101C, including any further conditions imposed under paragraph 111(1)(a), must not be inconsistent with the commercial television broadcasting licence referred to in section 101C.

26  Subsection 109(2)

Omit “the licence”, substitute “a licence issued under section 102 or 102A”.

27  Paragraph 111(1)(d)

After “101A,”, insert “101B, 101C,”.

28  Subsection 125(2)

After “101A,”, insert “101B, 101C,”.

29  Subsection 129(1)

After “101A,”, insert “101B, 101C,”.

 

 

[Minister’s second reading speech made in—

Senate on 14 September 2006

House of Representatives on 16 October 2006]

(133/06)