Broadcasting Legislation Amendment (Digital Television) Act 2010
No. 94, 2010
An Act to amend legislation relating to broadcasting, and for other purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................2
Schedule 1—Amendments 3 Broadcasting Services Act 1992 3 Copyright Act 1968 92 Radiocommunications Act 1992 112
Broadcasting Legislation Amendment (Digital Television) Act 2010
No. 94, 2010
An Act to amend legislation relating to broadcasting, and for other purposes
[Assented to 29 June 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Broadcasting Legislation Amendment (Digital Television) Act 2010.
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 | The day this Act receives the Royal Assent. | 29 June 2010 |
elsewhere covered | |
by this table | |
2. Schedule 1 | The day after this Act receives the Royal Assent. | 30 June 2010 |
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Broadcasting Services Act 1992
1 Subsection 6(1) (before paragraph (a) of the definition of commercial television broadcasting licence)
Insert: (aa) in the case of a licence allocated under section 38C—the commercial television broadcasting services that, under section 41CA, are authorised by the licence; or
2 Subsection 6(1)
Insert:
conditional access scheme means a scheme that sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section 38C.
3 Subsection 6(1) (at the end of the definition of core commercial television broadcasting service)
Add:
Note: There is no core commercial television broadcasting service in relation to a licence allocated on or after 1 January 2009. This is because core commercial television broadcasting services are certain services authorised by licences allocated before 1 January 2009.
4 Subsection 6(1)
Insert:
core/primary commercial television broadcasting service, in relation to a commercial television broadcasting licence, means: - (a)
- if a core commercial television broadcasting service is provided under the licence—that service; or
- (b)
- if a primary commercial television broadcasting service (within the meaning of Schedule 4) is provided under the licence—that service.
4A Subsection 6(1)
Insert:
final digital television switch-over day has the meaning given by section 8AE.
5 Subsection 6(1) (definition of licence area)
Repeal the definition, substitute:
licence area means: - (a)
- an area designated by the ACMA under section 29, 40 or 92G; or
- (b)
- an area specified in column 1 of the table in subsection 38C(1).
Note 1: See also section 8AD, which deals with deemed radio broadcasting licence areas.
Note 2: See also section 8 of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, which deals with deemed licence areas.
6 Subsection 6(1)
Insert:
reception certificate means a reception certificate issued under a conditional access scheme registered under Part 9C.
7 Subsection 6(1)
Insert:
scheme administrator has the meaning given by subsection 130ZB(8).
7A After section 8AD
Insert:
8AE Final digital television switch-over day - (1)
- For the purposes of this Act, the final digital television switch-over day is the last switch-over day.
- (2)
- For the purposes of subsection (1), the last day of a simulcast period is a switch-over day.
- (3)
- In this section: simulcast period has the same meaning as in Schedule 4.
8 Section 14
Before “Commercial broadcasting services”, insert “(1)”.
9 At the end of section 14
Add:
(2) For the purposes of the application of subsection (1) to a broadcasting service provided under a licence allocated under section 38C, assume that there is no conditional access system that relates to the broadcasting service.
10 At the end of section 29
Add:
(3) This section does not apply to a licence allocated under section 38C.
11 Before section 35A
Insert:
Division 1—Allocation of licences
12 Paragraph 37(1)(a)
Omit “formed in Australia or in an external Territory”, substitute “registered as a company under Part 2A.2 of the Corporations Act 2001”.
13 After paragraph 38A(1)(a)
Insert: (aa) the parent licence is not a licence allocated under section 38C; and
14 Paragraph 38B(1)(b)
Repeal the paragraph.
15 At the end of paragraph 38B(1)(c)
Add “and”.
16 After paragraph 38B(1)(c)
Insert: (ca) the ACMA, by notice published in the Gazette, invites: - (i)
- the existing licensees to give the ACMA a joint written notice under paragraph (d); and
- (ii)
- each existing licensee to give the ACMA a written
notice under paragraph (e); during the period specified in the notice;
17 Subsection 38B(1)
Omit “90 days after the designated time for the licence area”, substitute “the period specified in the paragraph (ca) notice”.
18 Subparagraph 38B(1)(d)(iii)
Omit “formed in Australia or an external Territory”, substitute “registered as a company under Part 2A.2 of the Corporations Act 2001”.
19 After subsection 38B(1)
Insert:
(1A) A notice under paragraph (1)(ca) is not a legislative instrument.
20 Subsections 38B(2) and (3)
Omit “designated time for the licence area”, substitute “notice is given”.
21 Paragraphs 38B(7)(b) and (8)(b)
Omit “designated time for the licence area”, substitute “time when the notice is given”.
22 Paragraphs 38B(18)(b) and (c)
After “if”, insert “the licence was allocated before the commencement of section 38C and”.
23 At the end of subsection 38B(19)
Add “before the commencement of section 38C”.
24 After subsection 38B(19)
Insert:
(19A) Paragraphs 7(1)(l) and (m) of Schedule 2 do not apply to an additional licence allocated under this section after the commencement of section 38C.
25 Subsections 38B(26), (27) and (28)
Repeal the subsections.
26 After section 38B
Insert:
38C Commercial television broadcasting licences—services provided with the use of a satellite
(1) The following table has effect:
Licence areas and eligible joint venturers Column 1 Column 2 Column 3 Item | Licence area for a commercial television | Description of the licence area | Eligible joint venturers for the |
| broadcasting licence allocated, or to be | | licence area |
| allocated, under this | | |
| section | | |
1 | South Eastern Australia TV3 | The area consisting of New South Wales, Victoria, South | The commercial television broadcasting licensees for the |
| | Australia, Tasmania, the Australian Capital Territory and the Jervis Bay Territory. | following licence areas: (a) Remote Central and Eastern Australia |
| | | TV1; |
| | | (b) Remote Central and Eastern Australia |
| | | TV2; |
| | | (c) Mt Isa TV1. |
Northern Australia The area consisting of The commercial TV3 Queensland and the television broadcasting Licence areas and eligible joint venturers |
| Column 1 | Column 2 | Column 3 |
Item | Licence area for a | Description of the | Eligible joint |
| commercial television | licence area | venturers for the |
| broadcasting licence | | licence area |
allocated, or to be | |
allocated, under this | |
section | |
Northern Territory. | licensees for the |
| following licence |
| areas: |
| (a) Remote Central and |
| Eastern Australia |
| TV1; |
| (b) Remote Central and |
| Eastern Australia |
| TV2; |
| (c) Mt Isa TV1. |
3 | Western Australia TV3 | The area consisting of | The commercial |
| | Western Australia. | television broadcasting |
| licensees for the |
| following licence |
| areas: |
| (a) Remote and |
| Regional WA TV1; |
| (b) Western Zone TV1; |
| (c) Kalgoorlie TV1; |
| (d) Geraldton TV1; |
| (e) South West and |
| Great Southern |
| TV1. |
Joint-venture company
(2) Two or more of the eligible joint venturers for a licence area specified in column 1 of the table in subsection (1) may, during whichever of the following periods is applicable: - (a)
- in the case of the South Eastern Australia TV3 licence area— the 28-day period beginning at the commencement of this section;
- (b)
- otherwise—the period:
- (i)
- beginning at the commencement of this section; and
- (ii)
- ending 6 months before the start of the earliest applicable terrestrial digital television switch-over date for the licence area;
give the ACMA a joint written notice stating that: - (c)
- a company specified in the notice (the joint-venture company) will apply under subsection (3) for a commercial television broadcasting licence for the licence area; and
- (d)
- the joint-venture company is registered as a company under Part 2A.2 of the Corporations Act 2001 and has a share capital.
Application by joint-venture company
(3) If a notice is given under subsection (2) in relation to a licence area specified in column 1 of the table in subsection (1), the joint-venture company must: - (a)
- apply in writing to the ACMA for a commercial television broadcasting licence for the licence area; and
- (b)
- do so within 28 days after the notice is given.
Allocation of licence to joint-venture company - (4)
- If the ACMA receives an application under subsection (3) that relates to a licence area, the ACMA must:
- (a)
- allocate a commercial television broadcasting licence to the joint-venture company for the licence area; and
- (b)
- do so within 28 days after the application is received.
- (5)
- Subsection (4) has effect subject to section 37.
Special purpose company
(6) If no notice is given under subsection (2) in relation to a licence area specified in column 1 of the table in subsection (1), an eligible joint venturer for the licence area may, within 28 days after the end of whichever of the periods mentioned in paragraphs (2)(a) and (b) is applicable, give the ACMA a written notice stating that: - (a)
- a company specified in the notice (the special purpose company) will apply under subsection (7) for a commercial television broadcasting licence for the licence area; and
- (b)
- the special purpose company is a wholly-owned subsidiary of the eligible joint venturer; and
- (c)
- the special purpose company is registered as a company under Part 2A.2 of the Corporations Act 2001 and has a share capital.
Application by special purpose company
(7) If a notice is given under subsection (6), the special purpose company must: