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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Communications
Legislation Amendment Bill (No. 1) 1997
No.
, 1997
(Communications and the
Arts)
A Bill for an Act to amend the
Broadcasting Services Act 1992 and the Radiocommunications Act
1992
9708120—998/16.6.1997—(81/97) Cat. No. 96 9164 2 ISBN
0644 504582
Contents
A Bill for an Act to amend the Broadcasting Services
Act 1992 and the Radiocommunications Act 1992
The Parliament of Australia enacts:
This Act may be cited as the Communications Legislation Amendment Act
(No. 1) 1997.
This Act commences on the 28th day after 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repealed as set out in the applicable items in the Schedule concerned, and any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 Subsection 6(1) (definition of licence
area)
Omit “or 40”, substitute “, 40 or 92G”.
2 Subsection 6(1)
Insert:
temporary community broadcasting licence means
a community broadcasting licence that:
(a) is a broadcasting services bands licence; and
(b) is allocated under Part 6A.
3 Subsection 29(1)
After “community broadcasting licence”, insert “(other
than a temporary community broadcasting licence)”.
4 At the end of paragraph
31(1)(b)
Add “(other than services provided by temporary community
broadcasting licensees)”.
5 After paragraph 34(1)(e)
Insert:
(ea) to temporary community broadcasting licensees; or
6 After section 79
Insert:
This Part does not apply in relation to community broadcasting licences
that are temporary community broadcasting licences.
Note: Part 6A deals with temporary community broadcasting
licences.
7 After Part 6
Insert:
In this Part:
company includes an incorporated association.
licence period means the period of a temporary community
broadcasting licence determined by the ABA under paragraph 92G(1)(c) or varied
by the ABA under section 92J.
timing conditions means the conditions of a temporary
community broadcasting licence that:
(a) are about the times in which the licence allows community broadcasting
services to be provided; and
(b) are determined by the ABA under paragraph 92G(1)(b) or varied by the
ABA under section 92J.
(1) The ABA may allocate to a person, on application in writing by the
person, a temporary community broadcasting licence.
(2) Applications must be in accordance with a form approved in writing by
the ABA.
(1) The ABA is not to allocate a temporary community broadcasting licence
to an applicant unless the applicant:
(a) is a company that is formed in Australia or in an external Territory;
and
(b) represents a community interest.
(2) The
ABA is not to allocate a licence to an applicant if the ABA decides that
subsection 92D(2) applies to the applicant in relation to the licence. However,
the ABA is not required to consider the application of subsection 92D(2) to the
applicant before allocating the licence.
(3) The ABA may refuse to allocate a licence to an applicant if the
applicant was a temporary community broadcasting licensee for a period but did
not provide community broadcasting services in that period. This subsection does
not limit the ABA’s discretion to refuse to allocate a licence.
(1) A company is a suitable applicant or suitable
licensee in relation to a temporary community broadcasting licence if
the ABA has not decided that subsection (2) applies to the company in relation
to the licence.
Note: It is a condition of a temporary community
broadcasting licence that the licensee remain a suitable licensee: see paragraph
9(2)(a) of Schedule 2.
(2) The ABA may, if it is satisfied that allowing a company to provide or
continue to provide broadcasting services under a temporary community
broadcasting licence would lead to a significant risk of:
(a) an offence against this Act or the regulations being committed;
or
(b) a breach of the conditions of the licence occurring;
decide that this subsection applies to the company in relation to the
licence.
(3) In deciding whether such a risk exists, the ABA is to take into
account only:
(a) the business record of the company; and
(b) the company’s record in situations requiring trust and candour;
and
(c) the business record of the chief executive and each director and
secretary of the applicant; and
(d) the record in situations requiring trust and candour of each such
person; and
(e) whether the company, or a person referred to in paragraph (c) or (d),
has been convicted of an offence against this Act or the regulations.
(1) In deciding whether to allocate a temporary community broadcasting
licence to an applicant or to one of a group of applicants, the ABA may have
regard to:
(a) the undesirability of one person being in a position to exercise
control of more than one community broadcasting licence that is a broadcasting
services bands licence in the same licence area; and
(b) the undesirability of the Commonwealth, a State or a Territory or a
political party being in a position to exercise control of a temporary community
broadcasting licence.
(2) In deciding whether to allocate a temporary community broadcasting
licence to an applicant or to one of a group of applicants, the ABA is not to
have regard to:
(a) the extent to which the proposed service would meet the existing and
perceived future needs of the community within the licence area of the proposed
licence; and
(b) the nature and diversity of the interests of that community;
and
(c) the nature and diversity of other broadcasting services (including
national broadcasting services) available within that licence area;
and
(d) the capacity of the applicant to provide the proposed
service.
The ABA is not to allocate a temporary community broadcasting licence
except in accordance with a decision of the ABA under section 34.
(1) Before allocating a temporary community broadcasting licence, the ABA
is to:
(a) designate a particular area in Australia as the licence area of the
licence; and
(b) determine the timing conditions of the licence; and
(c) determine a period of up to 12 months as the licence period.
(2) In determining the timing conditions and licence period, the ABA is to
have regard to:
(a) any other applications for temporary community broadcasting licences
in the licence area of the proposed licence; and
(b) any other temporary community broadcasting licences in the licence
area of the proposed licence; and
(c) such other matters as the ABA thinks fit.
Each temporary community broadcasting licence is subject to:
(a) the conditions set out in Part 5 (other than paragraph 9(1)(h)) of
Schedule 2; and
(b) the timing conditions; and
(c) such other conditions as are imposed under section 92J.
(1) The ABA may, by notice in writing given to a temporary community
broadcasting licensee:
(a) vary or revoke a condition of the licence (including a timing
condition); or
(b) impose an additional condition on the licence; or
(c) vary the licence period.
(2) Without limiting subsection (1), the ABA may impose an additional
condition on a licence:
(a) requiring the licensee to comply with a code of practice that is
applicable to the licensee; or
(b) designed to ensure that a breach of a condition by the licensee does
not recur.
(3) An additional condition of a licence must be relevant to community
broadcasting services.
(4) If the ABA proposes to vary or revoke a condition, impose an
additional condition or vary the licence period, the ABA is to give to the
licensee:
(a) written notice of its intention; and
(b) a reasonable opportunity to make representations to the ABA in
relation to the proposed action.
(5) This section does not allow the ABA:
(a) to vary or revoke a condition set out in Part 5 of Schedule 2;
or
(b) to vary or revoke a timing condition so that there are no times in
which the licence allows community broadcasting services to be provided;
or
(c) to vary the licence period so that the period is longer than 12
months.
(6) If the ABA varies or revokes a condition (other than a timing
condition), imposes an additional condition or varies the licence period, the
ABA is to publish the fact of the variation, revocation or additional condition
in the Gazette.
(7) Action taken under subsection (1) must not be inconsistent
with:
(a) determinations and clarifications under section 19; or
(b) conditions set out in Part 5 (other than paragraph 9(1)(h)) of
Schedule 2.
Subject to section 92L and Part 10, a temporary community broadcasting
licence remains in force for the licence period.
A temporary community broadcasting licensee may, by notice in writing
given to the ABA, surrender the licence.
8 Subsection 139(4)
After “licensee”, insert “(other than a temporary
community broadcasting licensee)”.
9 After subsection 139(4)
Insert:
(4A) A temporary community broadcasting licensee who breaches a condition
of the licence set out in subclause 9(1) (other than paragraph 9(1)(h)) of
Schedule 2 is guilty of an offence.
Penalty: 50 penalty units.
10 Section 204 (after the table item that
relates to subsection 87(1))
Insert:
|
That a person is not a suitable applicant or licensee (Temporary
community) |
Subsection 92D(2) |
The person |
|
Variation of licence conditions (other than timing conditions), imposition
of new conditions or variation of licence period (Temporary community) |
Section 92J |
The licensee |
11 Paragraph 18(2)(c) of Schedule
3
After “licence”, insert “(other than a timing condition
on a temporary community broadcasting licence)”.
1 Section 5
Insert:
community broadcasting service has the same meaning as in the
Broadcasting Services Act 1992.
temporary community broadcasting licence has the same meaning
as in the Broadcasting Services Act 1992.
2 After subsection 100(1)
Insert:
(1A) The ACA must not issue a temporary community transmitter licence
except under section 101A. For the purposes of this subsection, a
temporary community transmitter licence is an apparatus licence
that authorises operation of one or more radiocommunications transmitters for
transmitting a community broadcasting service in accordance with a temporary
community broadcasting licence.
3 After section 101
Insert:
(1) If the ABA allocates a temporary community broadcasting licence (the
related licence) to a person, then the ACA may issue to the
person, upon application by the person under section 99, a transmitter licence
that authorises operation of one or more specified radiocommunications
transmitters for transmitting the community broadcasting service in accordance
with the related licence.
(2) Subsections 100(4) to (8) apply for the purposes of this
section.
4 Subsections 103(2) and
(4)
Omit “102”, substitute “101A or 102”.
5 At the end of subsection
106(1)
Add “(other than licences issued under section
101A)”.
6 Subsections 107(3) and
108(5)
Omit “102”, substitute “101A or 102”.
7 After section 108
Insert:
(1) A transmitter licence issued under section 101A is subject to the
following conditions:
(a) a condition that the licensee must comply with this Act;
(b) a condition that the licensee meet all obligations (if any) of the
licensee to pay:
(i) charges fixed by determinations under section 293; and
(ii) amounts of apparatus licence tax;
(c) a condition that the licensee inform each person authorised by the
licensee to operate a radiocommunications transmitter under the licence of the
person’s obligations to comply with this Act and the conditions of the
licence;
(d) a condition that the licensee, and any person so authorised, must
comply with guidelines developed by the ABA under section 33 of the
Broadcasting Services Act 1992;
(e) such conditions (if any) as the ACA determines, by written instrument,
in relation to licences issued under section 101A;
(f) such other conditions as are specified in the licence.
Note: Inclusion of conditions under paragraph (1)(f) is a
reviewable decision under Part 5.6.
(2) The conditions of the licence, including any further conditions
imposed under paragraph 111(1)(a), must not be inconsistent with the related
licence as referred to in section 101A.
(3) A determination under paragraph (1)(e) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
8 Section 110 and paragraph
111(1)(c)
After “107(1)(g)”, insert “, 108A(1)(f)”.
9 Paragraph 111(1)(d) and subsections 125(2) and
129(1)
Omit “102”, substitute “101A or 102”.
10 Paragraph 238(3)(c)
After “107(1)(g)”, insert “, 108A(1)(f)”.
11 After paragraph 285(e)
Insert:
(ea) refusal to issue a transmitter licence under section 101A;
12 Paragraph 285(f)
After “107(1)(g)”, insert “, 108A(1)(f)”.