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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Television
Broadcasting Services (Digital Conversion) Bill
1998
No. ,
1998
(Communications, the Information Economy and the
Arts)
A Bill for an Act relating to digital
television broadcasting, and for other purposes
9806820—847/7.4.1998—(8/98) Cat.
No. 97 2957 7 ISBN 0644 52403 0
Contents
A Bill for an Act relating to digital television
broadcasting, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Television Broadcasting Services (Digital
Conversion) Act 1998.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Section 28
Omit “the completion of the review referred to in section 215”,
substitute “31 December 2008”.
2 Subsection 34(1)
Omit “may decide”, substitute “may, by written
instrument, determine”.
3 After paragraph 34(1)(f)
Insert:
(fa) for the transmission of datacasting services on a temporary basis;
or
4 Subsection 34(2)
Omit “the decision”, substitute “a determination under
subsection (1)”.
5 At the end of section 34
Add:
(3) The ABA may, by written instrument, determine that a part or parts of
the broadcasting services bands spectrum is or are available for allocation for
the purposes of the transmission of datacasting services.
(4) In this section:
datacasting service has the same meaning as in Schedule
4.
6 Transitional—section 34 of the
Broadcasting Services Act 1992
(1) This item applies to a decision of the ABA under subsection 34(1) of
the Broadcasting Services Act 1992 if the decision was in effect
immediately before the commencement of this item.
(2) The decision has effect as if it had been made in the form of a written
determination under subsection 34(1) of that Act immediately after the
commencement of this item.
7 Section 92F
Omit “decision”, substitute
“determination”.
8 Section 215
Repeal the section.
9 After section 216
Insert:
Schedule 4 has effect.
10 At the end of subclause 7(1) of Schedule
2
Add:
(k) the licensee will comply with the requirements of the commercial
television conversion scheme in force under clause 5 of Schedule 4 (other than a
requirement covered by paragraph 5(2)(a) or (b) of that Schedule);
(l) the licensee will comply with an implementation plan:
(i) given by the licensee to the ABA in accordance with the commercial
television conversion scheme in force under clause 5 of Schedule 4;
and
(ii) approved by the ABA;
(m) the licensee will not broadcast a television program in digital mode
during the simulcast period for the licence area concerned unless:
(i) the program is broadcast simultaneously by the licensee in analog mode
in that area; or
(ii) under the regulations, the program is treated as incidental and
directly linked to a program that is broadcast simultaneously by the licensee in
analog mode in that area;
(n) the licensee will comply with standards applicable to the licence
under clause 34 of Schedule 4 (which deals with digital broadcasting
format);
(o) the licensee will comply with standards applicable to the licence
under clause 35 of Schedule 4 (which deals with captioning of television
programs for the deaf and hearing impaired);
(p) if the licensee holds a transmitter licence under section 102 or 102A
of the Radiocommunications Act 1992 that authorises the operation of a
transmitter—the licensee will not operate, or permit the operation of,
that transmitter to transmit in digital mode:
(i) a commercial broadcasting service that provides radio programs;
or
(ii) a subscription radio broadcasting service; or
(iii) a subscription television broadcasting service; or
(iv) a subscription radio narrowcasting service; or
(v) a subscription television narrowcasting service; or
(vi) an open narrowcasting radio service; or
(vii) an open narrowcasting television service.
11 At the end of clause 7 of Schedule
2
Add:
(3) An expression used in paragraph (1)(m) or (p) and in Schedule 4 has
the same meaning in that paragraph as it has in that Schedule.
12 At the end of the Act
Add:
Note: See section 216A.
The following is a simplified outline of this Schedule:
• The
ABA is to formulate schemes for the conversion, over time, of the transmission
of television broadcasting services from analog mode to digital mode.
• There is to be a simulcast period throughout
which broadcasters are to transmit their television programs in both analog mode
and digital mode.
• At the end of the simulcast period, analog
transmissions are to cease.
• Broadcasters must meet standards relating to
High Definition Television (HDTV) format transmission of television programs in
digital mode.
• Broadcasters must meet standards relating to
captioning of television programs for the deaf and hearing impaired.
• Broadcasters will be allowed to use spare
transmission capacity on digital transmission channels to provide datacasting
services.
• Owners and operators of broadcasting
transmission towers must give digital broadcasters and datacasters access to the
towers for the purposes of installing or maintaining digital
transmitters.
• There are to be reviews before 1 January 2001
and 31 December 2005 of certain elements of the digital television
regulatory regime.
In this Schedule, unless the contrary intention appears:
AAT means the Administrative Appeals Tribunal.
ACA means the Australian Communications Authority.
commercial television broadcasting service means a commercial
broadcasting service that provides television programs.
commercial television conversion scheme means a scheme under
clause 5.
coverage area means:
(a) a metropolitan coverage area; or
(b) a regional coverage area.
datacasting service means a service (other than a
broadcasting service) that delivers information (whether in the form of data,
text, speech, images or in any other form) to persons having equipment
appropriate for receiving that information, where:
(a) the delivery of the service uses the broadcasting services bands;
and
(b) the service is not of a kind specified in the regulations.
licence area means a licence area for a commercial television
broadcasting licence.
metropolitan coverage area means an area that corresponds to
a metropolitan licence area.
metropolitan licence area means a licence area in which is
situated the General Post Office of the capital city of:
(a) New South Wales; or
(b) Victoria; or
(c) Queensland; or
(d) Western Australia; or
(e) South Australia.
national broadcasting service does not include a broadcasting
service provided under the Parliamentary Proceedings Broadcasting Act
1946.
national television broadcasting service means a national
broadcasting service that provides television programs.
national television conversion scheme means a scheme under
clause 17.
regional coverage area means an area that corresponds to a
regional licence area.
regional licence area means a licence area that is not a
metropolitan licence area.
simulcast period:
(a) in relation to a commercial television broadcasting service—has
the meaning given by paragraph 5(2)(c) of this Schedule; and
(b) in relation to a national television broadcasting service—has
the meaning given by paragraph 17(2)(c) of this Schedule.
transmitter
licence has the same meaning as in the Radiocommunications Act
1992.
For the purposes of this Schedule, a program or service is broadcast or
transmitted in analog mode if the program or service is broadcast
or transmitted using an analog modulation technique.
For the purposes of this Schedule, a program or service is broadcast or
transmitted in digital mode if the program or service is broadcast
or transmitted using a digital modulation technique.
(1) As soon as practicable after the commencement of this clause, the ABA
must, by writing, formulate a scheme (the commercial television conversion
scheme) for the conversion, over time, of the transmission of commercial
television broadcasting services from analog mode to digital mode.
Policy objectives
(2) The commercial television conversion scheme must be directed towards
ensuring the achievement of the following policy objectives:
(a) the objective that each holder of a commercial television broadcasting
licence for a metropolitan licence area is required to commence transmitting the
commercial television broadcasting service concerned in digital mode in that
area on 1 January 2001;
(b) the objective that each holder of a commercial television broadcasting
licence for a regional licence area is required to commence transmitting the
commercial television broadcasting service concerned in digital mode in that
area by such date during the period:
(i) beginning on 1 January 2001; and
(ii) ending immediately before 1 January 2004;
as the ABA determines under the scheme;
(c) the objective that there should be a transitional period for a licence
area, that is:
(i) to be known as the simulcast period; and
(ii) to run for 8 years or for such longer period as is prescribed in
relation to that area; and
(iii) in the case of a metropolitan licence area—to begin on 1
January 2001; and
(iv) in the case of a regional licence area—to begin on the date
determined in relation to that area in accordance with paragraph (b);
throughout which the holder of a commercial television broadcasting
licence for that area is required to transmit simultaneously the commercial
television broadcasting service concerned in both analog mode and digital mode
in that area;
(d) the objective that, throughout the simulcast period for a licence
area, the holder of a commercial television broadcasting licence for that area
should be authorised, under one or more transmitter licences, to use one or more
additional channels to transmit the commercial television broadcasting service
concerned in digital mode in that area;
(e) the objective that the additional channels should occupy the same
amount of bandwidth as the channels used by the holder of the commercial
television broadcasting licence to transmit the commercial television
broadcasting service concerned in analog mode in that area;
(f) the objective that, throughout the simulcast period for a metropolitan
licence area, the transmission of a commercial television broadcasting service
in digital mode in that area should achieve the same level of coverage and
potential reception quality as is achieved by the transmission of that service
in analog mode in that area;
(g) the objective that, as soon as is practicable after the start of the
simulcast period for a regional licence area, and throughout the remainder of
that period, the transmission of a commercial television broadcasting service in
digital mode in that area should achieve the same level of coverage and
potential reception quality as is achieved by the transmission of that service
in analog mode in that area;
(h) the objective that, during the simulcast period for a licence area,
there should, as far as is practicable, be co-location of:
(i) transmitters used by the holder of a commercial television
broadcasting licence for that area to transmit the commercial television
broadcasting service concerned in digital mode in that area; and
(ii) transmitters used by the holder to transmit that service in analog
mode in that area;
(j) the objective that, at the end of the simulcast period for a licence
area, all transmissions of commercial television broadcasting services in analog
mode in that area are to cease and that each holder of a commercial television
broadcasting licence for that area is to either:
(i) continue to transmit the commercial television broadcasting service
concerned in digital mode in that area using the additional channels that were
used for digital transmission during the simulcast period and surrender any
transmitter licence that authorised analog transmission of that service in that
area during the simulcast period; or
(ii) transmit the commercial television broadcasting service concerned in
digital mode in that area using the channels that were used during the simulcast
period to transmit that service in analog mode and surrender any transmitter
licence that authorised digital transmission of that service on the additional
channels in that area during the simulcast period;
(k) the objective that, after the end of the simulcast period for a
licence area, the transmission of a commercial television broadcasting service
in digital mode in that area should achieve the same level of coverage and
potential reception quality as was achieved by the transmission of that service
in analog mode in that area immediately before the end of that period;
(l) the objective that holders of commercial television broadcasting
licences be permitted to use any spare transmission capacity that is available
on the digital transmission channels for the purpose of the transmission of
datacasting services;
(m) the objective that the ABA is to consult holders of commercial
television broadcasting licences about the implementation of the
scheme.
(3) Subclause (2) does not prevent the commercial television conversion
scheme from allowing the holder of a commercial television broadcasting licence
for a regional licence area to transmit the commercial television broadcasting
service concerned in digital mode in that area during the whole or a part of the
period:
(a) beginning on 1 January 2001; and
(b) ending immediately before the start of the simulcast period for that
area;
so long as that transmission complies with such requirements as are
ascertained in accordance with the scheme.
The commercial television conversion scheme may make provision with
respect to a matter by conferring on the ABA a power to make a decision of an
administrative character.
Grant of additional spectrum for digital transmission
(1) The commercial television conversion scheme must make provision for
requiring the ACA to issue transmitter licences authorising transmissions of
commercial television broadcasting services in digital mode.
Return of spectrum if digital transmission does not begin
(2) The commercial television conversion scheme must make provision for
requiring the holder of a commercial television broadcasting licence to
surrender one or more transmitter licences authorising digital transmission
if:
(a) the holder does not commence digital transmission as mentioned in
paragraph 5(2)(a) or (b) of this Schedule; or
(b) the holder commences digital transmission as mentioned in paragraph
5(2)(a) or (b) of this Schedule, but does not continue digital transmission
throughout the simulcast period for the licence area concerned;
and the holder does not satisfy the ABA that there are exceptional
circumstances.
Return of spectrum at end of simulcast period
(3) The commercial television conversion scheme must make provision for
requiring the holder of a commercial television broadcasting licence to whom
subparagraph 5(2)(j)(i) of this Schedule applies to surrender the transmitter
licence or licences as mentioned in that subparagraph.
(4) The commercial television conversion scheme must make provision for
requiring the holder of a commercial television broadcasting licence to whom
subparagraph 5(2)(j)(ii) of this Schedule applies to surrender the transmitter
licence or licences as mentioned in that subparagraph.
(5) The commercial television conversion scheme must provide that, if the
holder of a commercial television broadcasting licence for a licence area fails
to notify the ABA, at least 6 months before the end of the simulcast period for
that area, whether the holder intends to pursue the outcome referred to in
subparagraph 5(2)(j)(i) or (ii) of this Schedule, the holder is taken to have
pursued the outcome referred to in subparagraph 5(2)(j)(i) of this
Schedule.
Return of spectrum if HDTV standards contravened
(6) The commercial television conversion scheme must make provision for
requiring the holder of a commercial television broadcasting licence for a
licence area who contravenes a standard under subclause 34(1) (which deals with
HDTV) to surrender the transmitter licence or licences that authorised the
transmission of the commercial television broadcasting service concerned in
digital mode in that area, unless the holder satisfies the ABA that there are
exceptional circumstances.
(7) Subclause (6) does not prevent the commercial television conversion
scheme from making provision for requiring the ACA to issue a transmitter
licence to replace the licence that was surrendered as mentioned in that
subclause. However, the amount of bandwidth covered by the replacement licence
must be less than the amount of bandwidth covered by the surrendered
licence.
Variation of analog transmitter licence to allow digital
transmission
(8) The commercial television conversion scheme must make provision for
requiring that, if subparagraph 5(2)(j)(ii) of this Schedule applies, the ACA
must vary the conditions of the transmitter licence that authorised analog
transmission of the commercial television broadcasting service concerned during
the simulcast period so as to ensure that the licence authorises digital
transmission of that service in the area concerned after the end of the
simulcast period.
(1) The commercial television conversion scheme must make provision for
requiring holders of commercial television broadcasting licences to prepare, and
submit to the ABA, one or more implementation plans relating to digital
transmission, where the implementation plans are in accordance with the
scheme.
(2) The commercial television conversion scheme may provide for variation
of implementation plans submitted to the ABA by holders of commercial television
broadcasting licences.
(1) The commercial television conversion scheme may amend the frequency
allotment plan or a licence area plan.
(2) The commercial television conversion scheme may amend technical
planning guidelines in force under section 33.
(3) Subclauses (1) and (2) do not limit the ABA’s powers under
sections 25, 26 and 33.
The commercial television conversion scheme may provide for the ABA to
conduct reviews, and report to the Minister, on specified matters.
The commercial television conversion scheme may contain such ancillary or
incidental provisions as the ABA considers appropriate.
(1) In formulating or varying the commercial television conversion scheme,
the ABA must have regard to its power under subsection 34(3) (which deals with
datacasting allocation).
(2) Subclause (1) does not limit the matters to which the ABA may have
regard.
(1) In formulating or varying the commercial television conversion scheme,
the ABA must comply with any written directions given to it by the Minister
under this subclause.
(2) A direction under subclause (1) may be of a general or specific
nature.
(3) The Minister must arrange for a copy of a direction under subclause
(1) to be published in the Gazette within 14 days after the direction is
given.
(1) The commercial television conversion scheme may be varied, but not
revoked, in accordance with subsection 33(3) of the Acts Interpretation Act
1901.
(2) Subclause (1) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 to other instruments under this
Act.
An
instrument under subclause 5(1) is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
In formulating or varying the commercial television conversion scheme,
the ABA must make provision for:
(a) public consultation; and
(b) consultation with holders of commercial television broadcasting
licences; and
(c) consultation with national broadcasters; and
(d) consultation with the ACA.
(1) As soon as practicable after the commencement of this clause, the ABA
must, by writing, formulate a scheme (the national television conversion
scheme) for the conversion, over time, of the transmission of national
television broadcasting services from analog mode to digital mode.
Note: Under clause 29, the scheme does not take effect until
approved by the Minister.
Policy objectives
(2) The national television conversion scheme must be directed towards
ensuring the achievement of the following policy objectives:
(a) the objective that each national broadcaster is required to commence
transmitting the national television broadcasting service concerned in digital
mode in a metropolitan coverage area by such date as is ascertained in
accordance with an implementation plan that was given by the broadcaster, and is
in force, under clause 18;
(b) the objective that each national broadcaster is required to commence
transmitting the national television broadcasting service concerned in digital
mode in a regional coverage area by such date as is ascertained in relation to
that area in accordance with an implementation plan that was given by the
broadcaster, and is in force, under clause 18;
(c) the objective that there should be a transitional period for a
coverage area, that is:
(i) to be known as the simulcast period; and
(ii) to run for such period as is determined in relation to that area
under subclause (4); and
(iii) to begin on the date mentioned in whichever of paragraphs (a) and
(b) is applicable;
throughout which a national broadcaster is required to transmit
simultaneously the national television broadcasting service concerned in both
analog mode and digital mode in that area;
(d) the objective that, throughout the simulcast period for a coverage
area, each national broadcaster should be authorised, under one or more
transmitter licences, to use one or more channels to transmit the national
television broadcasting service concerned in digital mode in that
area;
(e) the objective that the additional channels should occupy the same
amount of bandwidth as the channels used by the national broadcaster to transmit
the national television broadcasting service concerned in analog mode in that
area;
(f) the objective that, throughout the simulcast period for a metropolitan
coverage area, the transmission of a national television broadcasting service in
digital mode in that area should achieve the same level of coverage and
potential reception quality as is achieved by the transmission of that service
in analog mode in that area;
(g) the objective that, as soon as is practicable after the start of the
simulcast period for a regional coverage area, and throughout the remainder of
that period, the transmission of a national television broadcasting service in
digital mode in that area should achieve the same level of coverage and
potential reception quality as is achieved by the transmission of that service
in analog mode in that area;
(h) the objective that, during the simulcast period for a coverage area,
there should, as far as is practicable, be co-location of:
(i) transmitters used by a national broadcaster to transmit the national
television broadcasting service concerned in digital mode in that area;
and
(ii) transmitters used by the national broadcaster to transmit that
service in analog mode in that area;
(j) the objective that, at the end of the simulcast period for a coverage
area, all transmissions of national television broadcasting services in analog
mode in that area are to cease and that each national broadcaster is to
either:
(i) continue to transmit the national television broadcasting service
concerned in digital mode in that area using the additional channels that were
used for digital transmission during the simulcast period and surrender any
transmitter licence that authorised analog transmission of that service in that
area during the simulcast period; or
(ii) transmit the national television broadcasting service concerned in
digital mode using the channels that were used during the simulcast period to
transmit that service in analog mode and surrender any transmitter licence that
authorised digital transmission of that service in that area on the additional
channels during the simulcast period;
(k) the objective that, after the end of the simulcast period for a
coverage area, the transmission of a national television broadcasting service in
digital mode in that area should achieve the same level of coverage and
potential reception quality as was achieved by the transmission of that service
in analog mode in that area immediately before the end of that period;
(l) the objective that national broadcasters be permitted to use any spare
transmission capacity that is available on the digital transmission channels for
the purpose of the transmission of datacasting services;
(m) the objective that the ABA is to consult with national broadcasters
about the implementation of the scheme.
(3) Subclause
(2) does not prevent the national television conversion scheme from allowing a
national broadcaster to transmit the national television broadcasting service
concerned in digital mode in a regional coverage area during the whole or a part
of the period:
(a) beginning on 1 January 2001; and
(b) ending immediately before the start of the simulcast period for that
area;
so long as that transmission complies with such requirements as are
ascertained in accordance with the scheme.
Duration of the simulcast
period
(4) For the purposes of subparagraph (2)(c)(ii), the Minister must, for
each coverage area, make a written determination specifying the duration of the
simulcast period for that area.
(5) In making a determination under subclause (4), the Minister must have
regard to the following matters:
(a) the end of the simulcast period that is applicable to commercial
television broadcasting services in the licence area that corresponds to the
coverage area concerned; and
(b) such other matters (if any) as the Minister considers
relevant.
(1) A national broadcaster:
(a) may give the Minister one or more implementation plans relating to the
conversion, over time, of the transmission of the national television
broadcasting service concerned from analog mode to digital mode; and
(b) must, if and when required to do so by the Minister, give the Minister
one or more implementation plans relating to the conversion, over time, of the
transmission of the national television broadcasting service concerned from
analog mode to digital mode.
(2) If an implementation plan is given to the Minister under this clause,
the Minister must:
(a) approve the implementation plan; or
(b) refuse to approve the implementation plan.
(3) In deciding whether to approve an implementation plan under this
clause, the Minister must have regard to the following matters:
(a) whether the implementation plan is directed towards ensuring the
achievement of the following policy objectives:
(i) the objective that each national broadcaster should be required to
commence transmitting the national broadcasting service concerned in digital
mode in each metropolitan coverage area on 1 January 2001;
(ii) the objective that each national broadcaster should be required to
commence transmitting the national television broadcasting service concerned in
digital mode to regional coverage areas on or after 1 January 2001 so that all
regional coverage areas have digital transmission of the service by
1 January 2004;
(b) the objectives mentioned in subclause 17(2);
(c) such other matters (if any) as the Minister considers
relevant.
(4) Before deciding whether to approve an implementation plan under this
clause, the Minister may direct the ABA to give the Minister a report about the
matter.
(5) If the Minister approves an implementation plan under this clause, the
implementation plan comes into force on approval.
(6) If the Minister refuses to approve an implementation plan under this
clause, the Minister may, by written notice given to the national broadcaster
concerned, require the national broadcaster to give a fresh implementation
plan.
(7) This clause applies to the giving or approval of a variation of an
implementation plan in a corresponding way to the way in which it applies to the
giving or approval of an implementation plan.
If an implementation plan given by a national broadcaster under clause 18
is in force, the national broadcaster must comply with the implementation
plan.
The national television conversion scheme may make provision with respect
to a matter by conferring on the ABA a power to make a decision of an
administrative character.
Grant of additional spectrum for digital transmission
(1) The national television conversion scheme must make provision for
requiring the ACA to issue transmitter licences authorising transmissions of
national television broadcasting services in digital mode.
Return of spectrum if digital transmission does not begin
(2) The national television conversion scheme must make provision for
requiring a national broadcaster to surrender one or more transmitter licences
authorising digital transmission if:
(a) the national broadcaster does not commence digital transmission as
mentioned in paragraph 17(2)(a) or (b) of this Schedule; or
(b) the national broadcaster commences digital transmission as mentioned
in paragraph 17(2)(a) or (b) of this Schedule, but does not continue digital
transmission throughout the simulcast period for the coverage area
concerned;
and the national broadcaster does not satisfy the ABA that there are
exceptional circumstances.
Return of spectrum at end of simulcast period
(3) The national television conversion scheme must make provision for
requiring a national broadcaster to whom subparagraph 17(2)(j)(i) of this
Schedule applies to surrender the transmitter licence or licences as mentioned
in that subparagraph.
(4) The national television conversion scheme must make provision for
requiring a national broadcaster to whom subparagraph 17(2)(j)(ii) of this
Schedule applies to surrender the transmitter licence or licences as mentioned
in that subparagraph.
(5) The national television conversion scheme must provide that, if a
national broadcaster fails to notify the ABA, at least 6 months before the end
of the simulcast period for a coverage area, whether the broadcaster intends to
pursue the outcome referred to in subparagraph 17(2)(j)(i) or (ii) of this
Schedule, the broadcaster is taken to have pursued the outcome referred to in
subparagraph 17(2)(j)(i) of this Schedule.
Return of spectrum if HDTV standards contravened
(6) The national television conversion scheme must make provision for
requiring a national broadcaster who contravenes a standard under subclause
34(1) (which deals with HDTV) to surrender the transmitter licence or licences
that authorised the transmission of the national television broadcasting service
concerned in digital mode in the coverage area concerned, unless the national
broadcaster satisfies the ABA that there are exceptional
circumstances.
(7) Subclause (6) does not prevent the national television conversion
scheme from making provision for requiring the ACA to issue a transmitter
licence to replace the licence that was surrendered as mentioned in that
subclause. However, the amount of bandwidth covered by the replacement licence
must be less than the amount of bandwidth covered by the surrendered
licence.
Variation of analog transmitter licence to allow digital
transmission
(8) The national television conversion scheme must make provision for
requiring that, if subparagraph 17(2)(j)(ii) of this Schedule applies, the ACA
must vary the conditions of the transmitter licence that authorised analog
transmission of the national broadcasting service concerned during the simulcast
period so as to ensure that the licence authorises digital transmission of that
service in the area concerned after the end of the simulcast period.
(1) The national television conversion scheme may amend the frequency
allotment plan or a licence area plan.
(2) The national television conversion scheme may amend technical planning
guidelines in force under section 33.
(3) Subclauses (1) and (2) do not limit the ABA’s powers under
sections 25, 26 and 33.
The national television conversion scheme may provide for the ABA to
conduct reviews, and report to the Minister, on specified matters.
The national television conversion scheme may contain such ancillary or
incidental provisions as the ABA considers appropriate.
(1) In formulating or varying the national television conversion scheme,
the ABA must have regard to its power under subsection 34(3) (which deals with
datacasting allocation).
(2) Subclause (1) does not limit the matters to which the ABA may have
regard.
(1) In formulating or varying the national television conversion scheme,
the ABA must comply with any written directions given to it by the Minister
under this subclause.
(2) A direction under subclause (1) may be of a general or specific
nature.
(3) The Minister must arrange for a copy of a direction under subclause
(1) to be published in the Gazette within 14 days after the direction is
given.
(1) The national television conversion scheme may be varied, but not
revoked, in accordance with subsection 33(3) of the Acts Interpretation Act
1901.
(2) Subclause (1) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 to other instruments under this
Act.
An instrument under subclause 17(1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.
The national television conversion scheme, or a variation of the scheme,
does not take effect unless and until it is approved, in writing, by the
Minister.
In formulating or varying the national television conversion scheme, the
ABA must make provision for:
(a) public consultation; and
(b) consultation with national broadcasters; and
(c) consultation with holders of commercial television broadcasting
licences; and
(d) consultation with the ACA.
A national broadcaster must comply with the national television
conversion scheme.
A national broadcaster must not broadcast a television program in digital
mode during the simulcast period for a coverage area unless:
(a) the program is broadcast simultaneously by the national broadcaster in
analog mode in that area; or
(b) under the regulations, the program is treated as incidental and
directly linked to a program that is broadcast simultaneously by the national
broadcaster in analog mode in that area; or
(c) the program is of a kind that is declared by the regulations to be
exempt from this clause.
If a national broadcaster holds a transmitter licence that authorises the
operation of a transmitter for transmitting the national broadcasting service
concerned in digital mode, the national broadcaster must not operate, or permit
the operation of, that transmitter to transmit in digital mode:
(a) a commercial broadcasting service that provides radio programs;
or
(b) a subscription radio broadcasting service; or
(c) a subscription television broadcasting service; or
(d) a subscription radio narrowcasting service; or
(e) a subscription television narrowcasting service; or
(f) an open narrowcasting radio service; or
(g) an open narrowcasting television service.
(1) The regulations must determine standards that require:
(a) holders of commercial television broadcasting licences; and
(b) national broadcasters;
to meet specified goals or targets in relation to the extent to which
television programs, or specified kinds of television programs, are transmitted
in accordance with a specified High Definition Television (HDTV) format relating
to the transmission of television programs in digital mode.
(2) The regulations may determine other standards that are to be observed
by commercial television broadcasting licensees and national broadcasters in
relation to the format in which television programs are to be transmitted in
digital mode.
(3) A national broadcaster must comply with a standard under subclause (1)
or (2).
Note: For compliance by licensees, see clause 7 of Schedule
2.
(1) The regulations must determine standards that are to be observed
by:
(a) holders of commercial television broadcasting licences; and
(b) national broadcasters;
in relation to the captioning of television programs for the deaf and
hearing impaired.
(2) Standards under subclause (1) must require licensees and national
broadcasters to meet specified goals or targets in relation to the extent to
which television programs, or specified kinds of television programs, are
captioned for the deaf and hearing impaired.
(3) Subclause (2) does not limit subclause (1).
(4) Standards under subclause (1) must be directed towards ensuring the
achievement of the following objectives:
(a) the objective that, as far as is practicable:
(i) holders of commercial television broadcasting licences; and
(ii) national broadcasters;
should provide a captioning service for television programs transmitted
during prime viewing hours;
(b) the objective that, as far as is practicable:
(i) holders of commercial television broadcasting licences; and
(ii) national broadcasters;
should provide a captioning service for television news programs, and
television current affairs programs, transmitted outside prime viewing
hours.
(5) For the purposes of subclause (4), prime viewing hours
are the hours:
(a) beginning at 6 pm each day or, if another time is prescribed,
beginning at that prescribed time each day; and
(b) ending at 10.30 pm on the same day or, if another time is prescribed,
ending at that prescribed time on the same day.
(6) Standards under subclause (1) do not apply to a particular licensee or
national broadcaster before the first occasion on or after 1 January 2001
on which the licensee or broadcaster broadcasts television programs in digital
mode.
(7) A national broadcaster must comply with a standard under subclause
(1).
Note: For
compliance by licensees, see clause 7 of Schedule 2.
(1) The regulations may determine technical standards that:
(a) relate to the transmission of commercial television broadcasting
services, and national broadcasting services, in digital mode; and
(b) are to be followed by the ABA in formulating or varying the commercial
television conversion scheme or the national television conversion
scheme.
(2) The commercial television conversion scheme must be consistent with
any standards determined under subclause (1).
(3) The national television conversion scheme must be consistent with any
standards determined under subclause (1).
(1) The regulations may determine standards that are to be observed
by:
(a) holders of commercial television broadcasting licences; and
(b) national broadcasters; and
(c) other persons;
in relation to the provision, by the holders, broadcasters or other
persons, of datacasting services transmitted in digital mode.
(2) If a transmitter licence authorises the transmission of datacasting
services in digital mode, then, in addition to any conditions to which that
licence is subject under the Radiocommunications Act 1992, the licence is
taken to be subject to a condition that the holder of the transmitter licence,
and any person authorised by the holder of the transmitter licence, must comply
with a standard under subclause (1).
Section 589 of the Telecommunications Act 1997 applies to
regulations made for the purposes of this Part in a corresponding way to the way
in which it applies to an instrument under that Act.
The following is a simplified outline of this Part:
• The owner or operator of a broadcasting
transmission tower must provide:
(a) the holder of a commercial television broadcasting licence;
or
(b) a national broadcaster;
with access to the tower, and the site of the tower, for the purpose of
installing or maintaining a transmitter for use in transmitting television
broadcasting services in digital mode.
• The owner or operator of a broadcasting
transmission tower must provide a datacaster with access to the tower, and the
site of the tower, for the purpose of installing or maintaining a transmitter
for use in transmitting datacasting services in digital mode.
In this Part:
ACCC means the Australian Competition and Consumer
Commission.
broadcasting transmission tower means:
(a) a tower; or
(b) a pole; or
(c) a mast; or
(d) a similar structure;
used to supply a broadcasting service by means of radiocommunications using
the broadcasting services bands.
business day means a day that is not a Saturday, a Sunday or
a public holiday in the place concerned.
datacaster means a person who provides a datacasting
service.
facility includes apparatus, equipment, a structure or a
line.
radiocommunication has the same meaning as in the
Radiocommunications Act 1992.
site means:
(a) land; or
(b) a building on land; or
(c) a structure on land.
television broadcasting service means a commercial television
broadcasting service or a national broadcasting service.
(1) For the purposes of this Part, giving access to a tower
includes replacing the tower with another tower located on the same site and
giving access to the replacement tower.
(2) For the purposes of this Part, giving access to a site
on which is situated a tower includes replacing the tower with another tower
located on the site.
Television broadcasting services in digital mode
(1) The owner or operator of a broadcasting transmission tower must, if
requested to do so by the holder of a commercial television broadcasting licence
(the access seeker), or a national broadcaster (also the
access seeker), give the access seeker access to the
tower.
(2) The owner or operator of the broadcasting transmission tower is not
required to comply with subclause (1) unless:
(a) the access is provided for the sole purpose of enabling the access
seeker to install or maintain a transmitter and/or associated facilities used,
or for use, wholly or principally in connection with the transmission of a
television broadcasting service in digital mode; and
(b) the access seeker gives the owner or operator reasonable notice that
the access seeker requires the access.
Datacasting services in digital mode
(3) The owner or operator of a broadcasting transmission tower must, if
requested to do so by a datacaster (the access seeker), give the
access seeker access to the tower.
(4) The owner or operator of the broadcasting transmission tower is not
required to comply with subclause (3) unless:
(a) the access is provided for the sole purpose of enabling the access
seeker to install or maintain a transmitter and/or associated facilities used,
or for use, in connection with the provision of datacasting services in digital
mode; and
(b) the access seeker gives the owner or operator reasonable notice that
the access seeker requires the access.
Compliance not technically feasible
(5) The owner or operator of a broadcasting transmission tower is not
required to comply with subclause (1) or (3) if there is in force a written
certificate issued by the ABA stating that, in the ABA’s opinion,
compliance with subclause (1) or (3), as the case may be, in relation to that
tower is not technically feasible.
(6) In determining whether compliance with subclause (1) or (3) in
relation to a tower is technically feasible, the ABA must have regard
to:
(a) whether compliance is likely to result in significant difficulties of
a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat to the
health or safety of persons who operate, or work on, the tower; and
(c) if compliance is likely to have a result referred to in paragraph (a)
or (b)—whether there are practicable means of avoiding such a result,
including (but not limited to):
(i) changing the configuration or operating parameters of a facility
situated on the tower; and
(ii) making alterations to the tower; and
(d) such other matters (if any) as the ABA considers relevant.
Issue of certificate
(7) If the ABA receives a request to make a decision about the issue of a
certificate under subclause (5), the ABA must use its best endeavours to make
that decision within 10 business days after the request was made.
Television broadcasting services in digital mode
(1) The owner or operator of a broadcasting transmission tower must, if
requested to do so by the holder of a commercial television broadcasting licence
(the access seeker), or a national broadcaster (also the
access seeker), give the access seeker access to a site if the
tower is situated on the site.
(2) The owner or operator of the broadcasting transmission tower is not
required to comply with subclause (1) unless:
(a) the access is provided for the sole purpose of enabling the access
seeker to install or maintain a transmitter and/or associated facilities used,
or for use, wholly or principally in connection with the transmission of a
television broadcasting service in digital mode; and
(b) the access seeker gives the owner or operator reasonable notice that
the access seeker requires the access.
Datacasting services in digital mode
(3) The owner or operator of a broadcasting transmission tower must, if
requested to do so by a datacaster (the access seeker), give the
access seeker access to a site if the tower is situated on the site.
(4) The owner or operator of the broadcasting transmission tower is not
required to comply with subclause (3) unless:
(a) the access is provided for the sole purpose of enabling the access
seeker to install or maintain a transmitter and/or associated facilities used,
or for use, in connection with the provision of datacasting services in digital
mode; and
(b) the access seeker gives the owner or operator reasonable notice that
the access seeker requires the access.
Compliance not technically feasible
(5) The owner or operator of a broadcasting transmission tower is not
required to comply with subclause (1) or (3) if there is in force a written
certificate issued by the ABA stating that, in the ABA’s opinion,
compliance with subclause (1) or (3), as the case may be, in relation to that
tower is not technically feasible.
(6) In determining whether compliance with subclause (1) or (3) in
relation to a site is technically feasible, the ABA must have regard
to:
(a) whether compliance is likely to result in significant difficulties of
a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat to the
health or safety of persons who operate, or work on, a facility situated on the
site; and
(c) if compliance is likely to have a result referred to in paragraph (a)
or (b)—whether there are practicable means of avoiding such a result,
including (but not limited to):
(i) changing the configuration or operating parameters of a facility
situated on the site; and
(ii) making alterations to a facility situated on the site; and
(d) such other matters (if any) as the ABA considers relevant.
Issue of certificate
(7) If the ABA receives a request to make a decision about the issue of a
certificate under subclause (5), the ABA must use its best endeavours to make
that decision within 10 business days after the request was made.
Access to towers
(1) The owner or operator of a broadcasting transmission tower must comply
with subclause 42(1) or (3) on such terms and conditions as are:
(a) agreed between the following parties:
(i) the owner or operator;
(ii) the access seeker (within the meaning of that subclause);
or
(b) failing agreement, determined by an arbitrator appointed by the
parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC
is to be the arbitrator.
Access to sites
(2) The owner or operator of a broadcasting transmission tower must comply
with subclause 43(1) or (3) on such terms and conditions as are:
(a) agreed between the following parties:
(i) the owner or operator;
(ii) the access seeker (within the meaning of that subclause);
or
(b) failing agreement, determined by an arbitrator appointed by the
parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC
is to be the arbitrator.
Conduct of arbitration
(3) The regulations may make provision for and in relation to the conduct
of an arbitration under this clause.
(4) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC may be constituted
by a single member, or a specified number of members, of the ACCC. For each such
arbitration, that member or those members are to be nominated in writing by the
Chair of the ACCC.
(5) Subclause (4) does not, by implication, limit subclause (3).
(1) The ACCC may, by written instrument, make a Code setting out
conditions that are to be complied with in relation to the provision of access
under this Part.
(2) An access seeker must comply with the Code.
(3) The owner or operator of a broadcasting transmission tower must comply
with the Code.
(4) An instrument under subclause (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.
(1) This clause applies to a provision of this Part that authorises the
conduct of an arbitration (whether by the ACCC or another person).
(2) The provision has no effect to the extent (if any) to which it
purports to authorise the acquisition of property if that acquisition:
(a) is otherwise than on just terms; and
(b) would be invalid because of paragraph 51(xxxi) of the
Constitution.
(3) In this clause:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
Part 3 of the National Transmission Network Sale Act 1998 does not
apply in relation to an access seeker seeking access to a broadcasting
transmission tower or a site to the extent to which this Part applies in
relation to the access seeker seeking access to that tower or site.
Definitions
(1) In this clause:
charge means charge imposed by the Datacasting Charge
(Imposition) Act 1998.
late payment penalty means an amount that is payable by way
of penalty in accordance with a determination under subclause (3).
When charge due and payable
(2) Charge is due and payable at the time ascertained in accordance with a
written determination made by the ABA.
Late payment penalty
(3) The ABA may, by written instrument, determine that, if any charge
payable by a person remains unpaid after the time when it became due for
payment, the person is liable to pay to the Commonwealth, by way of penalty, an
amount calculated at the rate of:
(a) 20% per annum; or
(b) if the determination specifies a lower percentage—that lower
percentage per annum;
on the amount unpaid, computed from that time.
Determination has effect
(4) A determination under subclause (3) has effect accordingly.
Remission of penalty
(5) A determination under subclause (3) may authorise the ABA to make
decisions about the remission of the whole or a part of an amount of late
payment penalty.
Payment of charge and late payment penalty
(6) Charge and late payment penalty are payable to the ABA on behalf of
the Commonwealth.
Recovery of charge and penalty
(7) Charge and late payment penalty may be recovered by the ABA, on behalf
of the Commonwealth, as debts due to the Commonwealth.
Payment into Consolidated Revenue Fund
(8) Amounts received by way of charge or late payment penalty must be paid
into the Consolidated Revenue Fund.
Disallowable instrument
(9) A determination under subclause (2) or (3) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) This clause cancels the effect of a provision of another Act that
would have the effect of exempting a person from liability to pay charge imposed
by the Datacasting Charge (Imposition) Act 1998.
(2) The cancellation does not apply if the provision of the other Act is
enacted after the commencement of this clause and refers specifically to charge
imposed by the Datacasting Charge (Imposition) Act 1998.
(1) Before the ACA makes its first determination under section 7 of the
Datacasting Charge (Imposition) Act 1998, the ACA must prepare, and give
to the Minister, a written report about proposals that are to be embodied in
that determination.
(2) The report must contain a statement setting out the extent to which
the ACA had regard to competitive neutrality principles in formulating those
proposals.
(3) The Minister must cause copies of the report to be laid before each
House of the Parliament within 15 sitting days of that House after receiving the
report.
Restraining injunctions
(1) If:
(a) the holder of a commercial television broadcasting licence has, in
accordance with the commercial television conversion scheme, given an
implementation plan to the ABA; and
(b) the ABA has approved the implementation plan; and
(c) the holder has engaged, is engaging or is proposing to engage in any
conduct in contravention of the implementation plan;
the Federal Court may, on the application of the ABA, grant an
injunction:
(d) restraining the holder from engaging in the conduct; and
(e) if, in the court’s opinion, it is desirable to do
so—requiring the holder to do something.
(2) If a person has engaged, is engaging or is proposing to engage in any
conduct in contravention of Part 5 of this Schedule, the Federal Court may, on
the application of the ABA or of the access seeker referred to in that Part,
grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the court’s opinion, it is desirable to do
so—requiring the person to do something.
Performance injunctions
(3) If:
(a) the holder of a commercial television broadcasting licence has, in
accordance with the commercial television conversion scheme, given an
implementation plan to the ABA; and
(b) the ABA has approved the implementation plan; and
(c) the holder has refused or failed, or is refusing or failing, or is
proposing to refuse or fail, to do an act or thing; and
(d) the refusal or failure was, is or would be a contravention of the
implementation plan;
the Federal Court may, on the application of the ABA, grant an injunction
requiring the holder to do that act or thing.
(a) a person has refused or failed, or is refusing or failing, or is
proposing to refuse or fail, to do an act or thing; and
(b) the refusal or failure was, is or would be a contravention of Part 5
of this Schedule;
the Federal Court may, on the application of the ABA or of the access
seeker referred to in that Part, grant an injunction requiring the person to do
that act or thing.
Grant of interim injunction
(1) If an application is made to the court for an injunction under clause
51, the court may, before considering the application, grant an interim
injunction restraining a person from engaging in conduct of a kind referred to
in that clause.
No undertakings as to damages
(2) The court is not to require an applicant for an injunction under
clause 51, as a condition of granting an interim injunction, to give any
undertakings as to damages.
The court may discharge or vary an injunction granted under this
Part.
Restraining injunctions
(1) The power of the court under this Part to grant an injunction
restraining a person from engaging in conduct of a particular kind may be
exercised:
(a) if the court is satisfied that the person has engaged in conduct of
that kind—whether or not it appears to the court that the person intends
to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the court that, if an injunction is not granted, it
is likely that the person will engage in conduct of that kind—whether or
not the person has previously engaged in conduct of that kind and whether or not
there is an imminent danger of substantial damage to any person if the person
engages in conduct of that kind.
Performance injunctions
(2) The power of the court under this Part to grant an injunction
requiring a person to do an act or thing may be exercised:
(a) if the court is satisfied that the person has refused or failed to do
that act or thing—whether or not it appears to the court that the person
intends to refuse or fail again, or to continue to refuse or fail, to do that
act or thing; or
(b) if it appears to the court that, if an injunction is not granted, it
is likely that the person will refuse or fail to do that act or
thing—whether or not the person has previously refused or failed to do
that act or thing and whether or not there is an imminent danger of substantial
damage to any person if the person refuses or fails to do that act or
thing.
The powers conferred on the court under this Part are in addition to, and
not instead of, any other powers of the court, whether conferred by this Act or
otherwise.
(1) Before 1 January 2001, the Minister must cause to be conducted a
review of the following matters:
(a) the content of regulations made for the purposes of the following
provisions:
(i) subparagraph 7(1)(m)(ii) of Schedule 2 and paragraphs 32(b) and (c) of
this Schedule (which deal with programming during the simulcast
period);
(ii) the definition of datacasting service in clause 2 of
this Schedule;
(b) whether any amendments of laws of the Commonwealth should be made in
order to deal with convergence between broadcasting services and other
services;
(c) whether any amendments of laws of the Commonwealth should be made to
deal with the re-transmission, on subscription television broadcasting services,
of commercial television broadcasting services transmitted in digital
mode;
(d) whether
any amendments of laws of the Commonwealth should be made in order to ensure
that underserved regional licence areas are provided with the same number of
commercial television broadcasting services as are provided in metropolitan
licence areas;
(e) the regulatory arrangements that should apply to:
(i) the allocation of spectrum in the broadcasting services bands for use
for the provision of datacasting services; and
(ii) the digital transmission of a community television service, free of
charge, using spectrum in the broadcasting services bands allocated for use for
the provision of datacasting services.
(2) A review under subclause (1) of the matter referred to in subparagraph
(1)(e)(i) is to be conducted on the basis that:
(a) holders of commercial television broadcasting licences; and
(b) national broadcasters;
should not be eligible for the allocation of spectrum as mentioned in that
subparagraph.
(3) The Minister must cause to be prepared a report of a review under
subclause (1).
(4) The Minister must cause copies of a report to be laid before each
House of the Parliament within 15 sitting days of that House after the
completion of the preparation of the report.
(5) For the purposes of this clause, a regional licence area is
underserved if, and only if, there are fewer than 3 commercial
television broadcasting services in that area.
(1) Before 31 December 2005, the Minister must cause to be conducted a
review of the following matters:
(a) whether section 28 should be amended or repealed after
31 December 2008;
(b) whether paragraph 7(1)(m) of Schedule 2 or clause 32 of this Schedule
(which deal with simulcast requirements) should be amended or
repealed;
(c) whether paragraph 7(1)(p) of Schedule 2 or clause 33 of this Schedule
(which deal with subscription television broadcasting services and other
matters) should be amended or repealed;
(d) the content of any regulations made for the purposes of paragraph
5(2)(c) of this Schedule (which deals with the duration of the simulcast period)
and the content of any determinations made for the purposes of subparagraph
17(2)(c)(ii) of this Schedule (which also deals with the duration of the
simulcast period);
(e) whether all parts of the broadcasting services bands that are
available for allocation for broadcasting services or datacasting services have
been so identified;
(f) whether the parts of the broadcasting services bands that have been
allocated for use for broadcasting services or datacasting services have been
efficiently structured.
(2) The Minister must cause to be prepared a report of a review under
subclause (1).
(3) The Minister must cause copies of a report to be laid before each
House of the Parliament within 15 sitting days of that House after the
completion of the preparation of the report.
(1) The ABA may, by written instrument, make determinations fixing charges
for any matter in relation to which expenses are incurred by the ABA
under:
(a) the commercial television conversion scheme; or
(b) the national television conversion scheme;
and specifying the persons by whom, and the times when, the charges are
payable.
(2) A charge fixed under subclause (1) must not be such as to amount to
taxation.
(3) A determination under subclause (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Commercial television licensees
(1) An application may be made to the AAT for a review of any of the
following decisions made by the ABA under the commercial television conversion
scheme:
(a) a decision to refuse to approve an implementation plan, or a variation
of an implementation plan, given to the ABA by the holder of a commercial
television broadcasting licence;
(b) a decision that the holder of a commercial television broadcasting
licence has failed to satisfy the ABA that exceptional circumstances exist as
mentioned in subclause 7(2) or (6) (which deal with surrender of transmitter
licences);
(c) a decision requiring the ACA to issue a replacement transmitter
licence to the holder of a commercial television broadcasting licence as
mentioned in subclause 7(7);
(d) a prescribed decision that relates to the holder of a commercial
television broadcasting licence.
(2) An application under subclause (1) may only be made by the licensee
concerned.
National broadcasters
(3) An application may be made to the AAT for a review of any of the
following decisions made by the ABA under the national television conversion
scheme:
(a) a decision that a national broadcaster has failed to satisfy the ABA
that exceptional circumstances exist as mentioned in subclause 21(2) or (6)
(which deal with surrender of transmitter licences);
(b) a decision requiring the ACA to issue a replacement transmitter
licence to a national broadcaster as mentioned in subclause 21(7);
(c) a prescribed decision that relates to a national
broadcaster.
(4) An application under subclause (3) may only be made by the national
broadcaster concerned.
Transmitter access regime
(5) An application may be made to the AAT for a review of a decision of
the ABA to issue a certificate under subclause 42(5) or 43(5).
(6) An application under subclause (5) may only be made by the access
seeker concerned.
(7) An application may be made to the AAT for a review of a decision of
the ABA to refuse to issue a certificate under subclause 42(5) or
43(5).
(8) An application under subclause (7) may only be made by the owner or
operator of the broadcasting transmission tower concerned.
If the ABA makes a decision that is reviewable under clause 59, the ABA
is to include in the document by which the decision is notified:
(a) a statement setting out the reasons for the decision; and
(b) a statement to the effect that an application may be made to the AAT
for a review of the decision.
1 Section 5
Insert:
datacasting service has the same meaning as in Schedule 4 to
the Broadcasting Services Act 1992.
2 After section 9A
Insert:
For the purposes of this Act, a service is transmitted in digital
mode if the service is transmitted using a digital modulation
technique.
3 Subsection 100(1)
Omit “section 102”, substitute “sections 100B, 102 and
102A”.
4 Subsection 100(2)
Omit “decision”, substitute
“determination”.
5 Subsection 100(2)
After “subsection 34(1)”, insert “or
(3)”.
6 After section 100
Insert:
(1) If:
(a) an NBS transmitter licence is or was issued under section 100;
and
(b) the licence authorises the operation of one or more specified
radiocommunications transmitters for transmitting the national broadcasting
service concerned in digital mode using one or more channels;
the licence is also taken to authorise the operation of the transmitter or
transmitters concerned for transmitting datacasting services in digital mode
using those channels.
(2) In this section:
national broadcasting service has the same meaning as in
Schedule 4 to the Broadcasting Services Act 1992.
NBS
transmitter licence means a transmitter licence for a transmitter that
is for use for transmitting, to the public, a national broadcasting
service.
(1) If the ACA is required, under a scheme in force under clause 17 of
Schedule 4 to the Broadcasting Services Act 1992, to issue an NBS
transmitter licence to a national broadcaster, the ACA must issue to the
broadcaster an NBS transmitter licence that authorises the operation of one or
more specified radiocommunications transmitters for transmitting the national
broadcasting service concerned in digital mode.
(2) If an NBS transmitter licence is issued under this section, the
licence is also taken to authorise the operation of the transmitter or
transmitters concerned for transmitting datacasting services in digital mode
using the channel or channels concerned.
(3) In this section:
national broadcaster has the same meaning as in the
Broadcasting Services Act 1992.
national broadcasting service has the same meaning as in
Schedule 4 to the Broadcasting Services Act 1992.
NBS transmitter licence means a transmitter licence for a
transmitter that is for use for transmitting, to the public, a national
broadcasting service.
7 At the end of section 102
Add:
(3) If:
(a) a transmitter licence is or was issued under this section;
and
(b) the licence authorises the operation of one or more specified
radiocommunications transmitters for transmitting the broadcasting service
concerned in digital mode using one or more channels;
the licence is also taken to authorise the operation of the transmitter or
transmitters concerned for transmitting datacasting services in digital mode
using those channels.
8 After section 102
Insert:
(1) If the ACA is required, under a scheme in force under clause 5 of
Schedule 4 to the Broadcasting Services Act 1992, to issue a transmitter
licence to a person who holds a commercial television broadcasting licence (the
related licence), the ACA must issue to the person a transmitter
licence that authorises the operation of one or more specified
radiocommunications transmitters for transmitting the broadcasting service
concerned in digital mode in accordance with the related licence.
(2) If the related licence is transferred, the transmitter licence is
taken to be issued to the person to whom the related licence is
transferred.
(3) If a transmitter licence is issued under this section, the licence is
also taken to authorise the operation of the transmitter or transmitters
concerned for transmitting datacasting services in digital mode using the
channel or channels concerned.
9 Subsections 103(2) and
(4)
Omit “101A or 102”, substitute “101A, 102 or
102A”.
10 Subsection 106A(2)
After “102”, insert “or 102A”.
11 Subsection 107(3)
Omit “101A or 102”, substitute “101A, 102 or
102A”.
12 Subsection 108(5)
Omit “101A or 102”, substitute “101A, 102 or
102A”.
13 Subsections 109(1) and
(2)
After “102”, insert “or 102A”.
14 Paragraph 111(1)(d)
Omit “101A or 102”, substitute “101A, 102 or
102A”.
15 At the end of section
111
Add:
(5) If the ACA is required, under a scheme in force under clause 5 or 17
of Schedule 4 to the Broadcasting Services Act 1992, to vary the
conditions of a transmitter licence, the ACA must, by written notice given to
the licensee, vary those conditions accordingly.
16 Subsection 125(2)
Omit “101A or 102”, substitute “101A, 102 or
102A”.
17 Subsection 129(1)
Omit “101A or 102”, substitute “101A, 102 or
102A”.
18 Subsection 130(3)
Repeal the subsection, substitute:
(3) In deciding whether to renew the licence, the ACA:
(a) except in the case of a licence issued under section 100B—must
have regard to the same matters to which it must have regard under subsections
100(4) and (6) in deciding whether to issue such a licence; and
(b) except in the case of a licence issued under section 100B—may
have regard to the same matters to which it may have regard under subsection
100(5) in deciding whether to issue such a licence; and
(c) in the case of a licence issued under section 100B—must have
regard to the scheme in force under clause 17 of Schedule 4 to the
Broadcasting Services Act 1992.
19 Subsection 131AB(2)
Repeal the subsection, substitute:
(2) In deciding whether to transfer the licence, the ACA:
(a) except in the case of a licence issued under section 100B—must
have regard to the same matters to which it must have regard under subsections
100(4) and (6) in deciding whether to issue such a licence; and
(b) except in the case of a licence issued under section 100B—may
have regard to the same matters to which it may have regard under subsection
100(5) in deciding whether to issue such a licence; and
(c) in the case of a licence issued under section 100B—must have
regard to the scheme in force under clause 17 of Schedule 4 to the
Broadcasting Services Act 1992.