Federal Register of Legislation - Australian Government

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SR 2000 No. 313 Regulations as made
Principal Regulations
Administered by: Communications and the Arts
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate04-Dec-2000
Tabled HR04-Dec-2000
Gazetted 29 Nov 2000
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Collapse Part 1 Preliminary
Part 1 Preliminary
1.01 Name of Regulations
1.02 Commencement
1.03 Definition
Expand Part 2 HDTV quota standards
Part 2 HDTV quota standards
Expand Part 3 Captioning standards
Part 3 Captioning standards

Broadcasting Services (Digital Television Standards) Regulations 2000

Statutory Rules 2000 No. 3131

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Broadcasting Services Act 1992.

Dated 22 November 2000

WILLIAM DEANE

Governor-General

By His Excellency's Command

PETER McGAURAN


Contents

Page

Part 1                 Preliminary

                    1.01  Name of Regulations                                                         3

                    1.02  Commencement                                                                3

                    1.03  Definition                                                                          3

Part 2                 HDTV quota standards

                    2.01  Non-remote areas — HDTV quotas for commercial television broadcasting licensees        4

                    2.02  Non-remote areas — HDTV quotas for national broadcasters      4

Part 3                 Captioning standards

                    3.01  Captioning standards                                                         5

Schedule 1           HDTV quota standards for commercial television broadcasting licensees — non-remote areas       6

Schedule 2           HDTV quota standards for national broadcasters — non‑remote areas        9

Schedule 3           Captioning standards                                                     12

 

 


  

Part 1                 Preliminary

1.01        Name of Regulations

                These Regulations are the Broadcasting Services (Digital Television Standards) Regulations 2000.

1.02        Commencement

                These Regulations commence as follows:

                (a)    on gazettal — Part 1;

               (b)    on the commencement of item 126 of Schedule 1 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 — the remainder.

1.03        Definition

                In these Regulations:

Act means the Broadcasting Services Act 1992.

commercial television broadcasting licensee, and licensee, mean the holder of a commercial television broadcasting licence.

Note   See subsection 6 (1) of the Act for the definition of commercial television broadcasting licence.


 

Part 2                 HDTV quota standards

2.01        Non-remote areas — HDTV quotas for commercial television broadcasting licensees

                The standards set out in Schedule 1 are made for the purposes of subclause 37E (1) of Schedule 4 to the Act.

2.02        Non-remote areas — HDTV quotas for national broadcasters

                The standards set out in Schedule 2 are made for the purposes of subclause 37F (1) of Schedule 4 to the Act.


 

Part 3                 Captioning standards

3.01        Captioning standards

                For subclause 38 (1) of Schedule 4 to the Act, the standards set out in Schedule 3 are to be observed by:

                (a)    commercial television broadcasting licensees; and

               (b)    national broadcasters;

in relation to the captioning of television programs for the deaf and hearing impaired.


Schedule 1        HDTV quota standards for commercial television broadcasting licensees — non-remote areas

(regulation 2.01)

  

1              Application of Standards

                The Standards in this Schedule apply in relation to the transmission of a commercial television broadcasting service in a licence area that is not a remote licence area if:

                (a)    that service is transmitted in digital mode in that area; and

               (b)    that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8 (8) of Schedule 4 to the Act; and

                (c)    that service is not the subject of an election under subclause 6 (5A) of Schedule 4 to the Act.

2              Transmission of HDTV version

                A licensee, in addition to transmitting a version of the commercial television broadcasting service concerned in SDTV digital mode in the licence area concerned, must transmit another version (the HDTV version) of the service in digital mode in that licence area.

3              Commencement of transmission of HDTV version

                A licensee must commence transmitting the HDTV version that is mentioned in clause 2:

                (a)    as soon as practicable after the licensee begins to transmit the commercial television broadcasting service concerned in SDTV digital mode in the licence area concerned; and

               (b)    in any event, within the 2-year period beginning when the licensee is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that licence area.

4              HDTV transmission quota

                After the end of the 2-year period that is mentioned in paragraph 3 (b), a licensee must transmit at least 20 hours a week of high-definition television programs in HDTV digital mode in the licence area concerned on the HDTV version of the commercial television broadcasting service concerned.

5              HDTV transmission during simulcast period

         (1)   If a licensee’s commercial television broadcasting licence was not allocated under section 38B of the Act, the licensee must ensure that a particular television program that is transmitted on the HDTV version of the commercial television broadcasting service concerned during the simulcast period for the licence area concerned is the same as:

                (a)    a program (the analog program) that is transmitted simultaneously by the licensee on that service in analog mode in that area and that is not covered by a determination under subclause 6 (9) or (10) of Schedule 4 to the Act; or

               (b)    a program (the SDTV program) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area and that is covered by a determination under subclause 6 (9) or (10) of Schedule 4 to the Act.

         (2)   If a licensee’s commercial television broadcasting licence was allocated under section 38B of the Act, the licensee must ensure that a particular television program that is transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as a program (the SDTV program) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area.

Note 1   See subsection 6 (1) of the Act for the definition of commercial television broadcasting licence.

Note 2   See clause 2 of Schedule 4 to the Act for the definitions of commercial television broadcasting service, licence area and simulcast period.

Note 3   See clause 4A of Schedule 4 to the Act for the definition of HDTV digital mode.

Note 4   See clause 4B of Schedule 4 to the Act for the definition of SDTV digital mode.

Note 5   See subclause 37L (1) of Schedule 4 to the Act for the definition of high-definition television program as it applies to a commercial television broadcasting licensee.


 

Schedule 2        HDTV quota standards for national broadcasters — non‑remote areas

(regulation 2.02)

  

1              Application of standards

                The Standards in this Schedule apply in relation to the transmission of a national television broadcasting service in a coverage area that is not a remote coverage area if:

                (a)    that service is transmitted in digital mode in that area; and

               (b)    that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23 (8) of Schedule 4 to the Act; and

                (c)    that service is not a multi-channelled national television broadcasting service.

2              Transmission of HDTV version

                A national broadcaster, in addition to transmitting a version of the national television broadcasting service concerned in SDTV digital mode in the coverage area concerned, must transmit another version (the HDTV version) of the service in digital mode in that coverage area.

3              Commencement of transmission of HDTV version

                A national broadcaster must commence transmitting the HDTV version that is mentioned in clause 2:

                (a)    as soon as practicable after the broadcaster begins to transmit the national television broadcasting service concerned in SDTV digital mode in the coverage area concerned; and

               (b)    in any event, within the 2-year period beginning when the broadcaster is required to commence transmitting the national television broadcasting service concerned in SDTV digital mode in that coverage area.

4              HDTV transmission quota

                After the end of the 2-year period that is mentioned in paragraph 3 (b), a national broadcaster must transmit at least 20 hours a week of high-definition television programs in HDTV digital mode in the coverage area concerned on the HDTV version of the national television broadcasting service concerned.

5              HDTV transmission during simulcast period

                A national broadcaster must ensure that a particular television program that is transmitted on the HDTV version of the national television broadcasting service concerned during the simulcast period for the coverage area concerned is the same as:

                (a)    a program (the analog program) that is transmitted simultaneously by the broadcaster on that service in analog mode in that area and that is not covered by a determination under subclause 19 (9) or (10) of Schedule 4 to the Act; or

               (b)    a program (the SDTV program) that is transmitted simultaneously by the broadcaster on that service in SDTV digital mode in that area and that is covered by a determination under subclause 19 (9) or (10) of Schedule 4 to the Act.

Note 1   See subsection 6 (1) of the Act for the definition of national broadcaster.

Note 2   See clause 2 of Schedule 4 to the Act for the definitions of coverage area, national television broadcasting service, remote coverage area and simulcast period.

Note 3   See clause 4A of Schedule 4 to the Act for the definition of HDTV digital mode.

Note 4   See clause 4B of Schedule 4 to the Act for the definition of SDTV digital mode.

Note 5   See clause 5A of Schedule 4 to the Act for the definition of multi‑channelled national television broadcasting service.

Note 6   See subclause 37L (2) of Schedule 4 to the Act for the definition of high-definition television program as it applies to a national broadcaster.


 

Schedule 3        Captioning standards

(regulation 3.01)

  

1              Provision of captioning service

         (1)   Licensees and national broadcasters must provide a captioning service for:

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

               (b)    television news programs, and television current affairs programs, transmitted at any time.

         (2)   However, subclause (1) does not apply to the following television programs or parts of television programs:

                (a)    for a licensee — a television program mentioned in paragraph 6 (8) (d) of Schedule 4 to the Act;

               (b)    for a national broadcaster — a television program mentioned in paragraph 19 (8) (d) of Schedule 4 to the Act;

                (c)    a television program mentioned in subclause 38 (4B) of Schedule 4 to the Act;

               (d)    for a television news program transmitted in a regional licence area — the audio component of a part of the television news program that contains:

                          (i)    unscripted speech delivered by a person who is not a newsreader or reporter, or who is not speaking in his or her capacity as a newsreader or reporter; or

                         (ii)    unscripted speech that is transmitted at the time it is delivered, or is recorded less than 2 hours before the first transmission of the television news program.

         (3)   Paragraph (2) (d) ceases to have effect at the end of 31 December 2003.

Note 1   See subsection 6 (1) of the Act for the definition of national broadcaster.

Note 2   See clause 2 of Schedule 4 to the Act for the definition of regional licence area.

Note 3   See subclause 38 (5) of Schedule 4 to the Act for the definition of prime viewing hours.

Note 4   See subclause 38 (8) of Schedule 4 to the Act for the definition of program.

Note

1.       Notified in the Commonwealth of Australia Gazette on 29 November 2000.