Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as amended, taking into account amendments up to Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2021 (No. 1)
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 02 Sep 2021
Start Date 17 Aug 2021

 

Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020

 

made under clause 41G of Schedule 4 to the

Broadcasting Services Act 1992

 

 

Compilation No. 1

Compilation date:                              17 August 2021

Includes amendments up to:            F2021L01120

 

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne


About this compilation

 

This compilation

This is a compilation of the Broadcasting Services (Primary Commercial Television Broadcasting Service) Determination 2020 that shows the text of the law as amended and in force on 17 August 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.


1              Name of Declaration

                This is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020.

3              Authority

                This instrument is made under clause 41G of Schedule 4 to the Broadcasting Services Act 1992.          

5              Definitions

                In this instrument:

Act means the Broadcasting Services Act 1992.

multi-channelled commercial television broadcasting service means either a SDTV multi-channelled commercial television broadcasting service as defined by clause 5A of Schedule 4 to the Act, or a HDTV multi-channelled commercial television broadcasting service as defined by clause 5B of Schedule 4 to the Act.

Note   For the definitions of other expressions used in this instrument, see section 6 of the Act.

6              Reference to other instruments

                In this instrument, unless the contrary intention appears:

                     (a)  a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

                     (b)  a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1:       For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:       All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

7              Declaration of primary commercial television broadcasting service – services in the broadcasting services bands

         (1)   Under subclause 41G(2) of Schedule 4 to the Act, the ACMA declares that the multi-channelled commercial television broadcasting service specified in column 3 of an item in the table in Schedule 1 is the primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.

         (2)   In determining whether a particular multi-channelled commercial television broadcasting service is a service specified in column 3 of the table in Schedule 1, regard may be had to:

                (a)    any watermark or image that:

                          (i)    is displayed during programs provided as part of the service; and

                         (ii)    identifies the service; and

               (b)    any name or logo used in relation to the service in a publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.

         (3)   Subsection (2) does not limit the matters to which regard may be had in determining whether a multi-channelled commercial television broadcasting service is the service specified in column 3 of the table in Schedule 1.

8              Declaration of primary commercial television broadcasting service – satellite services

         (1)   Under subclause 41G(4) of Schedule 4 to the Act, the ACMA declares that each of the multi-channelled commercial television broadcasting services specified in column 3 of an item in the table in Schedule 2 is a primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.

         (2)   In determining whether a particular multi-channelled commercial television broadcasting service is a service specified in column 3 of the table in Schedule 2, regard may be had to:

                (a)    any watermark or image that:

                          (i)    is displayed during programs provided as part of the service; and

                         (ii)    identifies the service; and

               (b)    any name or logo used in relation to the service in a publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.

         (3)   Subsection (2) does not limit the matters to which regard may be had in determining whether a multi-channelled commercial television broadcasting service is the service specified in column 3 of the table in Schedule 2.

 

 


 

Schedule 1        Primary commercial television broadcasting services – services in the broadcasting services bands

(section 7)

  

Table 1  Primary commercial television broadcasting services

 

Item

Column 1

Licence Area

Column 2

Service licence number

Column 3

Primary Commercial Television Broadcasting Service

1

Mildura/Sunraysia TV1

SL10088

9

2

Mildura/Sunraysia TV1

SL10089

PRIME7

3

Mildura/Sunraysia TV1

SL1150827

10

4

Spencer Gulf TV1

SL10234

7

5

Spencer Gulf TV1

SL1150798

10

6

Spencer Gulf TV1

SL1130142

9

7

Broken Hill TV1

SL10241

7

8

Broken Hill TV1

SL1150797

10

9

Broken Hill TV1

SL1130143

9

10

Mount Gambier/South East TV1

SL10330

9

11

Mount Gambier/South East TV1

SL1150799

10

12

Mount Gambier/South East TV1

SL1130144

7

13

Riverland TV1

SL10174

9

14

Riverland TV1

SL1150796

10

15

Riverland TV1

SL1130145

7

16

Regional Victoria TV1

SL103

PRIME7

17

Regional Victoria TV1

SL107

9

18

Eastern Victoria TV1

SL106

10

19

Western Victoria TV1

SL104

10

20

Griffith and Murrumbidgee Irrigation Area (MIA) TV1

SL10104

9

21

Griffith and Murrumbidgee Irrigation Area (MIA) TV1

SL10103

7

22

Griffith and Murrumbidgee Irrigation Area (MIA) TV1

SL1130146

10

23

Southern NSW TV1

SL85

10

24

Southern NSW TV1

SL90

PRIME7

25

Southern NSW TV1

SL99

9

26

Adelaide TV1

SL120

10

27

Adelaide TV1

SL121

9

28

Adelaide TV1

SL122

7

29

Tasmania TV1

SL132

9

30

Tasmania TV1

SL133

7

31

Tasmania TV1

SL1150806

10 TDT

32

Perth TV1

SL10161

7

33

Perth TV1

SL10162

9

34

Perth TV1

SL10163

10

35

Brisbane TV1

SL109

7

36

Brisbane TV1

SL110

9

37

Brisbane TV1

SL111

10

38

Regional Queensland TV1

SL113

10

39

Regional Queensland TV1

SL115

7

40

Regional Queensland TV1

SL116

9

41

Geraldton TV1

SL10418

GWN7

42

Geraldton TV1

SL1130046

10

43

Kalgoorlie TV1

SL10416

GWN7

44

Kalgoorlie TV1

SL1130048

10

45

South West and Great Southern TV1

SL10417

GWN7

46

South West and Great Southern TV1

SL1130049

10

47

Western Zone TV1

SL4747

GWN7

48

Western Zone TV1

SL1130047

10

49

Remote and Regional Western Australia TV1

SL10048

9

50

Darwin TV1

SL10172

9

51

Darwin TV1

SL10173

7

52

Darwin TV1

SL1130013

10 Darwin

53

Northern NSW TV1

SL94

9

54

Northern NSW TV1

SL95

PRIME7

55

Northern NSW TV1

SL96

10

56

Sydney TV1

SL86

7

57

Sydney TV1

SL87

9

58

Sydney TV1

SL88

10

59

Melbourne TV1

SL100

10

60

Melbourne TV1

SL101

9

61

Melbourne TV1

SL102

7

62

Remote Central and Eastern Australia TV1

SL2898

Imparja

63

Remote Central and Eastern Australia TV2

SL4285

7

64

Remote Central and Eastern Australia TV2

SL1130050

10 CDT

65

Mt Isa TV1

SL114

7

66

Mt Isa TV1

SL1130051

10 CDT

Note   Column 1 is included for information only. Licence area refers to the licence area specified by the ACMA in licence area plans made under section 26 of the Act, which are legislative instruments available free of charge on the Federal Register of Legislation at www.legislation.gov.au


Schedule 2        Primary commercial television broadcasting services – satellite services

(section 8)

  

Table 1  Primary commercial television broadcasting services

 

Item

Column 1

Licence Area

Column 2

Service licence number

Column 3

Primary Commercial Television Broadcasting Service(s)

1

South Eastern Australia TV3

SL1130135

10 CDT

Imparja

7

2

Northern Australia TV3

SL1130136

10 CDT

Imparja

7

3

Western Australia TV3

SL1130166

GWN7

10

9

Note   Column 1 is included for information only. Licence area refers to the licence area specified by the ACMA in licence area plans made under section 26 of the Act, which are legislative instruments available free of charge on the Federal Register of Legislation at www.legislation.gov.au


Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

(md not incorp) = misdescribed amendment

am = amended

   cannot be given effect

amdt = amendment

mod = modified/modification

c = clause(s)

No. = Number(s)

Ch = Chapter(s)

par = paragraph(s)/subparagraph(s)

def = definition(s)

   /sub‑subparagraph(s)

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

rep = repealed

exp = expires/expired or ceases/ceased to have effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

underlining = whole or part not

(md) = misdescribed amendment can be given effect

   commenced or to be commenced

 


Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020

22 September 2020
(see F2020L01192)

23 September 2020

 

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2021

16 August 2021
(see F2021L01120)

17 August 2021

 

 

 

 

 

  

Endnote 4—Amendment history

 

Provision affected

How affected

s.2.............................................

rep. LA s.48D

s.4.............................................

rep. LA s.48C

Schedule 1................................

am. F2021L01120

Schedule 2................................

am. F2021L01120