Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This instrument imposes additional licence conditions on community television licence holders.
Administered by: Communications and the Arts
Registered 16 Jun 2005
Tabling HistoryDate
Tabled HR20-Jun-2005
Tabled Senate20-Jun-2005
Date of repeal 01 Oct 2015
Repealed by Sunsetting

The AUSTRALIAN BROADCASTING AUTHORITY makes this Determination under subsections 87A (6) and (7) of the Broadcasting Services Act 1992.

Dated       9th                               June 2005

Lyn Maddock [Signature]               Acting Chair

   Giles Tanner [Signature]             Acting Member

 


1              Name of Determination

                This Determination is the Broadcasting Services (Additional Conditions — CTV Licence) Determination 2005.

2              Commencement

                This Determination commences on 1 July 2005.

3              Definition

                In this Determination:

Act means the Broadcasting Services Act 1992.


Note   CTV refers to community television. A CTV licence is a community broadcasting licence under Part 6 of the Act to provide a service that provides television programs but is not targeted, to a significant extent, to one or more remote Indigenous communities.

4              Conditions

                For subsections 87A (6) and (7) of the Act, the conditions set out in Schedule 1 are imposed on all CTV licences.


Schedule 1        Conditions

(section 4)

1              Notification of financial difficulties

         (1)   If, at a meeting of the board of a CTV licensee, the board becomes aware of the existence of financial difficulties that appear likely to cause the CTV licensee to enter into either or both of receivership and voluntary administration, the CTV licensee must notify the ABA, in writing, of the financial difficulties as soon as practicable after the meeting.

         (2)   If subclause (1) applies, the CTV licensee must give the ABA a written report of the actions it has taken in relation to the financial difficulties, and the progress of its financial affairs:

                (a)    within 1 month after the day on which the CTV licensee notifies the ABA under subclause (1); and

               (b)    within each subsequent period of 1 month, until the financial difficulties are resolved.

Note   This requirement for written notification to the ABA of financial difficulties does not preclude CTV licensees from less formal contact to discuss any issue of concern in operating their services.  The ABA wishes to maintain informal communications with CTV licensees in order that it can assist them where possible and reasonable, and provide any advice in its power that may help avoid serious problems.  

Licensees are most likely to benefit from ABA assistance if they seek it early, before any difficulties become serious.  The ABA therefore encourages licensees to informally approach it if financial problems appear to be developing.

2              Agreements and arrangements relating to sale of access to air-time

         (1)   A CTV licensee must make and keep a register of all persons (purchasers) with which it has agreements or arrangements in relation to the sale of access to air-time.

         (2)   A CTV licensee must include the following details in that register:

                (a)    whether the purchaser operates a business for profit or as part of a profit-making enterprise;

               (b)    whether the purchaser is a company that has a sole or dominant purpose of assisting a person in education or learning;

                (c)    the amount of air-time to which access has been purchased;

               (d)    the date of the air-time to which access has been purchased;

                (e)    the time of day of the air-time to which access has been purchased.

         (3)   A CTV licensee must actively monitor its compliance with the requirements of subsections 87A (2) and (3) of the Act relating to sale of access to air-time.