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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Broadcasting Legislation Amendment
(2021 Measures No. 1) Bill 2021
No. , 2021
(Infrastructure, Transport, Regional Development and Communications)
A Bill for an Act to amend legislation relating to
broadcasting, and for related purposes
No. , 2021
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--New Eligible Drama Expenditure Scheme
3
Broadcasting Services Act 1992
3
Schedule 2--Captioning obligations
7
Broadcasting Services Act 1992
7
Schedule 3--Digital radio services
12
Radiocommunications Act 1992
12
Schedule 4--Population determinations
13
Broadcasting Services Act 1992
13
Schedule 5--Regional and Small Publishers Innovation Fund
14
Broadcasting Services Act 1992
14
No. , 2021
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
1
A Bill for an Act to amend legislation relating to
1
broadcasting, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Broadcasting Legislation Amendment (2021
5
Measures No. 1) Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
A single day to be fixed by Proclamation.
However, if the commencement of the
provisions is not fixed by a Proclamation
registered on the Federal Register of
Legislation established under the
Legislation
Act 2003
, within the period of 12 months
beginning on the day this Act receives the
Royal Assent, the provisions are repealed on
the day after the end of that period.
4. Schedules 3 to
5
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
New Eligible Drama Expenditure Scheme
Schedule 1
No. , 2021
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
3
Schedule 1--New Eligible Drama Expenditure
1
Scheme
2
3
Broadcasting Services Act 1992
4
1 Section 103A
5
Omit "10%" (wherever occurring), substitute "5%".
6
2 Section 103N (heading)
7
Omit "
10%
", substitute "
5%
".
8
3 Subsections 103N(1) and (2A)
9
Omit "10%", substitute "5%".
10
4 Subsection 103N(3) (note)
11
Omit "10%", substitute "5%".
12
5 Paragraphs 103NA(1)(c) and 103P(1)(d)
13
Omit "10%", substitute "5%".
14
6 Subsection 103P(3) (definition of
shortfall amount
)
15
Omit "10%", substitute "5%".
16
7 Paragraph 103Q(1)(d)
17
Omit "10%", substitute "5%".
18
8 Subsection 103Q(3) (definition of
shortfall amount
)
19
Omit "10%", substitute "5%".
20
9 Section 103R (heading)
21
Omit "
10%
", substitute "
5%
".
22
10 Subsections 103R(1) and (2A)
23
Omit "10%", substitute "5%".
24
Schedule 1
New Eligible Drama Expenditure Scheme
4
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
No. , 2021
11 Subsection 103R(4) (note)
1
Omit "10%", substitute "5%".
2
12 Paragraphs 103RA(1)(c) and 103S(1)(c)
3
Omit "10%", substitute "5%".
4
13 Subsection 103S(3) (definition of
shortfall amount
)
5
Omit "10%", substitute "5%".
6
14 Section 103T (heading)
7
Omit "
10%
", substitute "
5%
".
8
15 Subsections 103T(1) and (3)
9
Omit "10%", substitute "5%".
10
16 Paragraph 103TA(1)(c)
11
Omit "10%", substitute "5%".
12
17 Section 103U (heading)
13
Omit "
10%
", substitute "
5%
".
14
18 Subsections 103U(1) and (2A)
15
Omit "10%", substitute "5%".
16
19 Subsection 103U(3) (note)
17
Omit "10%", substitute "5%".
18
20 Paragraphs 103UA(1)(c) and 103V(1)(d)
19
Omit "10%", substitute "5%".
20
21 Subsection 103V(3) (definition of
shortfall amount
)
21
Omit "10%", substitute "5%".
22
22 Paragraph 103W(1)(d)
23
Omit "10%", substitute "5%".
24
New Eligible Drama Expenditure Scheme
Schedule 1
No. , 2021
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
5
23 Subsection 103W(3) (definition of
shortfall amount
)
1
Omit "10%", substitute "5%".
2
24 Section 103X (heading)
3
Omit "
10%
", substitute "
5%
".
4
25 Subsections 103X(1) and (2A)
5
Omit "10%", substitute "5%".
6
26 Subsection 103X(4) (note)
7
Omit "10%", substitute "5%".
8
27 Paragraphs 103XA(1)(c) and 103Y(1)(c)
9
Omit "10%", substitute "5%".
10
28 Subsection 103Y(3) (definition of
shortfall amount
)
11
Omit "10%", substitute "5%".
12
29 Section 103Z (heading)
13
Omit "
10%
", substitute "
5%
".
14
30 Subsections 103Z(1) and (3)
15
Omit "10%", substitute "5%".
16
31 Paragraph 103ZAA(1)(d)
17
Omit "10%", substitute "5%".
18
32 Application of amendments
19
The amendments made by this Schedule apply in relation to the
20
financial year starting on 1 July 2021 and later financial years.
21
Schedule 1
New Eligible Drama Expenditure Scheme
6
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
No. , 2021
33 Pre-July 2021 shortfall amounts and carry-forward
1
expenditure to be disregarded
2
For the purposes of the application of Division 2A of Part 7 of the
3
Broadcasting Services Act 1992
in relation to subscription TV drama
4
services on or after 1 July 2021, any shortfall amount that arose and any
5
carry-forward expenditure that was incurred before 1 July 2021 is to be
6
disregarded.
7
Captioning obligations
Schedule 2
No. , 2021
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
7
Schedule 2--Captioning obligations
1
2
Broadcasting Services Act 1992
3
1 Section 130ZK
4
Repeal the following definitions:
5
(a) definition of
Category A subscription television general
6
entertainment service
;
7
(b) definition of
Category A subscription television movie
8
service
;
9
(c) definition of
Category B subscription television general
10
entertainment service
;
11
(d) definition of
Category B subscription television movie
12
service
;
13
(e) definition of
Category C subscription television general
14
entertainment service
;
15
(f) definition of
Category C subscription television movie
16
service
;
17
(g) definition of
channel
;
18
(h) definition of
channel provider
;
19
(i) definition of
designated viewing hours
;
20
(j) definition of
general entertainment program
;
21
(k) definition of
incidental matter
;
22
(l) definition of
movie program
;
23
(m) definition of
music program
;
24
(n) definition of
part-channel provider
;
25
(o) definition of
sports program
.
26
2 Section 130ZK
27
Insert:
28
subscription television captioning scheme
means the scheme
29
prescribed for the purposes of section 130ZV.
30
3 Section 130ZK
31
Repeal the following definitions:
32
Schedule 2
Captioning obligations
8
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
No. , 2021
(a) definition of
subscription television general entertainment
1
service
;
2
(b) definition of
subscription television movie service
;
3
(c) definition of
subscription television music service
;
4
(d) definition of
subscription television news service
;
5
(e) definition of
subscription television sports service
.
6
4 Section 130ZK
7
Insert:
8
targeted viewing hours
has the meaning given by section 130ZL.
9
5 Sections 130ZKA, 130ZKB and 130ZKC
10
Repeal the sections.
11
6 Section 130ZL
12
Repeal the section, substitute:
13
130ZL Targeted viewing hours
14
For the purposes of this Part,
targeted viewing hours
are the hours:
15
(a) beginning at:
16
(i) 6 am each day (subject to subparagraph (ii)); or
17
(ii) if another time is prescribed for the purposes of this
18
subparagraph--that time each day; and
19
(b) ending at:
20
(i) midnight on the same day (subject to subparagraph (ii));
21
or
22
(ii) if another time is prescribed for the purposes of this
23
subparagraph--that time on the same day.
24
7 Paragraphs 130ZR(1)(a) and (b)
25
Omit "designated viewing hours", substitute "targeted viewing hours".
26
8 Subsection 130ZUAA(7)
27
Repeal the subsection.
28
Captioning obligations
Schedule 2
No. , 2021
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
9
9 Division 3 of Part 9D
1
Repeal the Division, substitute:
2
Division 3--Captioning obligations of subscription
3
television licensees
4
130ZV Subscription television captioning scheme
5
(1) The Minister must, by legislative instrument, prescribe a scheme
6
(the
subscription television captioning scheme
) dealing with the
7
provision of captioning services for subscription television services
8
provided by subscription television licensees.
9
(2) Without limiting subsection (1), the subscription television
10
captioning scheme may provide for or in relation to the following:
11
(a) annual captioning targets for subscription television services,
12
including methods for working out the targets;
13
(b) applications for partial or total exemptions from annual
14
captioning targets, including who may make such
15
applications, the information or documents that must
16
accompany applications and the making of decisions in
17
relation to applications;
18
(c) reporting and record-keeping obligations of subscription
19
television licensees;
20
(d) the publication of information relating to the scheme,
21
including decisions made under the scheme.
22
Note 1:
The scheme may provide for applications to be made to the
23
Administrative Appeals Tribunal for review of decisions made by the
24
ACMA under the scheme (see subsection 204(4A)).
25
Note 2:
See Division 6 for additional reporting and record-keeping
26
obligations.
27
(3) The subscription television captioning scheme may make provision
28
for or in relation to a particular matter by empowering the ACMA
29
to make decisions of an administrative character.
30
(4) Without limiting subsection 33(3A) of the
Acts Interpretation Act
31
1901
, the subscription television captioning scheme may prescribe
32
a matter or thing differently for different kinds of persons, things or
33
circumstances.
34
Schedule 2
Captioning obligations
10
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
No. , 2021
Note:
For example, the scheme may set out different captioning targets for
1
different kinds of subscription television services based on the
2
program content the services provide.
3
(5) Despite subsection 14(2) of the
Legislation Act 2003
, the
4
subscription television captioning scheme may make provision in
5
relation to a matter by applying, adopting or incorporating, with or
6
without modification, any matter contained in any other instrument
7
or other writing as in force or existing from time to time.
8
10 Subsection 130ZZC(5)
9
Repeal the subsection (not including the notes), substitute:
10
Subscription television licensee
11
(5) If a subscription television licensee is a body corporate, the
12
licensee must, within 90 days after the end of each financial year,
13
prepare and give to the ACMA a report relating to compliance by
14
the licensee with the following during the financial year:
15
(a) the subscription television captioning scheme;
16
(b) Division 4;
17
(c) Division 5.
18
11 Subsection 130ZZD(3)
19
Omit "the responsible person's report", substitute "all reports".
20
12 Subsection 130ZZD(3)
21
Omit "is given", substitute "are given".
22
13 Division 7 of Part 9D
23
Repeal the Division.
24
14 Subsection 204(1) (table items dealing with section 130ZY)
25
Repeal the items.
26
15 After subsection 204(4)
27
Insert:
28
Captioning obligations
Schedule 2
No. , 2021
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
11
Decisions under the subscription television captioning scheme
1
(4A) Applications may be made to the Administrative Appeals Tribunal
2
for review of decisions made by the ACMA under the subscription
3
television captioning scheme (within the meaning of
4
section 130ZV), so long as the scheme provides that the decision is
5
a reviewable decision for the purposes of this section.
6
16 Paragraph 10(1)(eb) of Schedule 2
7
After "impaired)", insert "including a provision of the subscription
8
television captioning scheme prescribed for the purposes of
9
section 130ZV".
10
17 Paragraph 11(1)(bc) of Schedule 2
11
After "impaired)", insert "including a provision of the subscription
12
television captioning scheme prescribed for the purposes of
13
section 130ZV".
14
18 Application provision
15
The amendment of subsection 130ZZC(5) of the
Broadcasting Services
16
Act 1992
made by item 10 of this Schedule applies in relation to reports
17
required to be given in the financial year in which this item commences
18
and later financial years.
19
Schedule 3
Digital radio services
12
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
No. , 2021
Schedule 3--Digital radio services
1
2
Radiocommunications Act 1992
3
1 Subsection 44A(10)
4
Repeal the subsection.
5
Population determinations
Schedule 4
No. , 2021
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
13
Schedule 4--Population determinations
1
2
Broadcasting Services Act 1992
3
1 Subsection 43C(4)
4
Omit "previous determination", substitute "most recent determination
5
under which the person was not in breach of the condition".
6
2 After subsection 43C(4)
7
Insert:
8
Sunset
9
(4A) Subsection (4) ceases to have effect at the end of 5 years after the
10
commencement of Schedule 4 of the
Broadcasting Legislation
11
Amendment (2021 Measures No. 1) Act 2021
.
12
3 Section 52
13
Before "If", insert "(1)".
14
4 Section 52
15
Omit all the words after "those", substitute "provisions continue to
16
apply to the person as if the most recent determination under which the
17
person was not in breach of the provision remained in force".
18
5 At the end of section 52
19
Add:
20
(2) This section ceases to have effect at the end of 5 years after the
21
commencement of Schedule 4 of the
Broadcasting Legislation
22
Amendment (2021 Measures No. 1) Act 2021
.
23
6 Application provision
24
The amendments made by items 2 and 4 of this Schedule apply in
25
relation to the most recent determination under which a person was not
26
in breach, whether made before, on or after the commencement of this
27
item.
28
Schedule 5
Regional and Small Publishers Innovation Fund
14
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
No. , 2021
Schedule 5--Regional and Small Publishers
1
Innovation Fund
2
3
Broadcasting Services Act 1992
4
1 At the end of subsection 205ZH(1)
5
Add:
6
; or (f) the financial year commencing on 1 July 2021.
7
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