BROADCASTING SERVICES AMENDMENT (DIGITAL TELEVISION) BILL 2012

i Broadcasting Services Amendment (Digital Television) Bill 2012 No. , 2012

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Broadcasting Services Act 1992

Broadcasting Services Amendment (Digital Television) Bill 2012 No. , 2012 1

A Bill for an Act to amend the Broadcasting

Services Act 1992, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Broadcasting Services Amendment

(Digital Television) Act 2012.

2 Commencement

This Act commences on the day after this Act receives the Royal

Assent.

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repealed as set out in the applicable items in the Schedule

Broadcasting Services Act 1992 Schedule 1

Broadcasting Services Amendment (Digital Television) Bill 2012 No. , 2012 3

Schedule 1--Broadcasting Services Act 1992

1 Subsection 38C(1) (table item 1, column 2)

After "Australian Capital Territory", insert ", Norfolk Island".

2 Subsection 38C(1) (table item 2, column 2)

Omit "and the Northern Territory", substitute ", the Northern Territory

and the Coral Sea Islands Territory".

3 Subsection 38C(1) (table item 3, column 2)

After "Western Australia", insert ", the Territory of Christmas Island

and the Territory of Cocos (Keeling) Islands".

4 After subsection 41CA(5)

Insert:

Providing an authorised service on Norfolk Island

(5A) A person authorised by a licence allocated under section 38C to

provide a commercial television broadcasting service in a licence

area including Norfolk Island may provide the service despite a

law of Norfolk Island about broadcasting services.

5 Paragraph 130ZB(3)(a)

Repeal the paragraph, substitute:

(a) the scheme should specify all of the following as areas that

are taken to be areas (category A reception areas) in which

people are unable to receive adequate reception of all of the

applicable terrestrial digital commercial television

broadcasting services:

(i) the related terrestrial licence areas;

(ii) the external Territory in the section 38C licence area;

(iii)

areas

(open access areas) identified by the scheme

administrator as areas where it is reasonable to expect

that, at the end of the simulcast period for the simulcast

area, people will be unable to receive adequate reception

of all of the applicable terrestrial digital commercial

television broadcasting services; and

Schedule 1 Broadcasting Services Act 1992

4 Broadcasting Services Amendment (Digital Television) Bill 2012 No. , 2012

(aa) the scheme should specify that the scheme administrator

must have regard to the following when deciding whether to

identify an area as an open access area:

(i) the extent to which people in the area have adequate

reception of applicable terrestrial digital commercial

television broadcasting services;

(ii) the extent to which it is predicted, on a basis agreed by

the ACMA and the scheme administrator if the scheme

does not identify the ACMA as the scheme

administrator, that people in the area will have adequate

reception of those services at the end of the simulcast

period for the simulcast area;

(iii) any information provided by a commercial television

broadcasting licensee or the ACMA about the extent to

which people in the area have or will have adequate

reception of those services;

(iv) any representations made to the scheme administrator

by persons who reside in the area;

(v) any other matters the scheme administrator considers

relevant; and

(ab) the scheme should, unless it identifies the ACMA as the

scheme administrator, specify that the scheme administrator

will promptly give the ACMA descriptions of open access

areas for publication on the ACMA's website; and

6 Paragraph 130ZBB(3)(a)

Repeal the paragraph, substitute:

(a) the scheme should specify all of the following as areas that

are, subject to paragraph (c), taken to be areas (category A

reception areas) in which people are unable to receive

adequate reception of all of the applicable terrestrial digital

commercial television broadcasting services:

(i) the related terrestrial licence areas;

(ii) the external Territories in the section 38C licence area;

(iii)

areas

(open access areas) identified by the scheme

administrator as areas where it is reasonable to expect

that, at the end of the simulcast period for the simulcast

area, people will be unable to receive adequate reception

of all of the applicable terrestrial digital commercial

television broadcasting services; and

Broadcasting Services Act 1992 Schedule 1

Broadcasting Services Amendment (Digital Television) Bill 2012 No. , 2012 5

(aa) the scheme should specify that the scheme administrator

must have regard to the following when deciding whether to

identify an area as an open access area:

(i) the extent to which people in the area have adequate

reception of applicable terrestrial digital commercial

television broadcasting services;

(ii) the extent to which it is predicted, on a basis agreed by

the ACMA and the scheme administrator if the scheme

does not identify the ACMA as the scheme

administrator, that people in the area will have adequate

reception of those services at the end of the simulcast

period for the simulcast area;

(iii) any information provided by a commercial television

broadcasting licensee or the ACMA about the extent to

which people in the area have or will have adequate

reception of those services;

(iv) any representations made to the scheme administrator

by persons who reside in the area;

(v) any other matters the scheme administrator considers

relevant; and

(ab) the scheme should, unless it identifies the ACMA as the

scheme administrator, specify that the scheme administrator

will promptly give the ACMA descriptions of open access

areas for publication on the ACMA's website; and

7 Paragraph 130ZBB(3)(b)

Omit "taken in", substitute "taken".

8 Transitional provision--conditional access schemes

Within 30 days after the commencement of this item, the ACMA must

request under section 130ZCAB of the Broadcasting Services Act 1992

the development of conditional access schemes to replace all the

conditional access schemes that were registered under Part 9C of that

Act immediately before that commencement.

9 After section 130ZBB

Insert:

Schedule 1 Broadcasting Services Act 1992

6 Broadcasting Services Amendment (Digital Television) Bill 2012 No. , 2012

130ZBC Publishing details of open access areas on the ACMA's

website

If the ACMA becomes aware of an open access area identified by a

scheme administrator under a conditional access scheme that the

ACMA is satisfied complies with section 130ZB or 130ZBB, the

ACMA must publish on its website a description of the open

access area.

Note:

This applies whether the scheme administrator is the ACMA or

another person.

10 Subsection 130ZG(2)

Repeal the subsection, substitute:

Applicable terrestrial digital commercial television broadcasting

services

(2) For the purposes of the application of this Part to the person, a

service is an applicable terrestrial digital commercial television

broadcasting service if it is:

(a) a commercial television broadcasting service that is:

(i) provided by a commercial television broadcasting

licensee in the licence area; and

(ii) transmitted in digital mode; or

(b) a service that:

(i) is merely a re-transmission of the programs provided by

a commercial television broadcasting service described

in paragraph (a); and

(ii) is provided in the licence area; and

(iii) is transmitted in digital mode; and

(iv) is provided by a person declared by the ACMA under

subsection (2A).

(2A) If the ACMA is satisfied that a person represents one or more

commercial television broadcasting licensees, the ACMA may

declare the person for the purposes of subparagraph (2)(b)(iv).

(2B) If the declaration under subsection (2A) is made in writing, the

declaration is not a legislative instrument.

(2C) For the purposes of this Part, an applicable terrestrial digital

commercial television broadcasting service described in

Broadcasting Services Act 1992 Schedule 1

Broadcasting Services Amendment (Digital Television) Bill 2012 No. , 2012 7

paragraph (2)(b) is taken to be the same as the commercial

television broadcasting service mentioned in

subparagraph (2)(b)(i).

Note:

This means a person is taken to receive adequate reception of a single

applicable terrestrial digital commercial television broadcasting

service whether the person receives adequate reception of:

(a) the commercial television broadcasting service described in

paragraph (2)(a); or

(b) the service of re-transmission described in paragraph (2)(b) by

reference to that commercial television broadcasting service.

11 Subsection 130ZG(4)

Insert:

re-transmission has the same meaning as in section 212.

12 Subsection 211AA(1)

Repeal the subsection, substitute:

Scope

(1A) This section affects the operation of the following (the affected

provisions) in relation to a commercial television broadcasting

licence for the Remote Central and Eastern Australia TV1 licence

area or the Remote Central and Eastern Australia TV2 licence area:

(a)

this

Act;

(b) any program standards;

(d) any codes of practice registered under section 123.

Nomination of places for services under licence

(1) The licensee of the licence may nominate one or more specified

places in the licence area for one or more specified broadcasting

services provided under the licence in specified parts of the licence

area.

Note:

A nomination may specify one place for all parts of the licence area.

13 Subsection 211AA(5)

Repeal the subsection, substitute:

Schedule 1 Broadcasting Services Act 1992

8 Broadcasting Services Amendment (Digital Television) Bill 2012 No. , 2012

Time when a program is broadcast

(5) The affected provisions have effect, in relation to any programs

broadcast in a part of the licence area on a service for which part

and service a place is nominated under subsection (1), as if the

programs had been broadcast in that part on that service at the legal

time they were broadcast in that place on that service.

14 Saving of nominations under section 211AA

(1)

A nomination of a place in force under section 211AA of the

Broadcasting Services Act 1992 immediately before the amendment of

that section by this Schedule has effect on and after that amendment as

if it were a nomination of that place for all broadcasting services

provided under the licence concerned in all parts of the licence area.

(2)

Subitem (1) does not prevent withdrawal of the nomination on or after

that amendment.

15 Subclauses 5F(7), (8) and (9) of Schedule 4

Repeal the subclauses.

16 Subclause 6A(9) of Schedule 4

Repeal the subclause.

17 Subclause 6A(10) of Schedule 4

Omit all the words from and including "than" to and including "was

made", substitute "than the end of 31 December 2013".

Commonwealth of Australia Bills

BROADCASTING SERVICES AMENDMENT (DIGITAL TELEVISION) BILL 2012