Commonwealth of Australia Explanatory Memoranda

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BROADCASTING LEGISLATION AMENDMENT BILL (NO. 1) 2005 [2006]

                          2004-2005-2006


 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                           THE SENATE




BROADCASTING LEGISLATION AMENDMENT BILL (NO. 1) 2005




    SUPPLEMENTARY EXPLANATORY MEMORANDUM




       Amendments to be Moved on Behalf of the Government




                    (Circulated by authority of the
  Minister for Communications, Information Technology and the Arts,
                Senator the Honourable Helen Coonan)
    BROADCASTING LEGISLATION AMENDMENT BILL (NO. 1) 2005


  AMENDMENTS TO BE MOVED ON BEHALF OF THE GOVERNMENT


                                    OUTLINE

The proposed amendment will remove a provision in the Broadcasting Legislation
Amendment Bill (No. 1) 2005 (the Bill) that required the Australian Communications
and Media Authority (ACMA) to determine a date no later than 1 January 2006 as the
date from which the process for allocating an additional broadcasting licence under
section 38B of the Broadcasting Services Act 1992 (BSA) was to commence in
remote Western Australia.

The amendment will allow ACMA to use its discretion to determine an appropriate
date for commencing the process in remote Western Australia.


                     FINANCIAL IMPACT STATEMENT

The proposed amendment is not expected to have any significant financial impact on
Commonwealth expenditure or revenue.
                             NOTES ON AMENDMENT

Amendment (1) proposes that Item 3 of Schedule 1 to the Bill be opposed.

Item 3 of Schedule 1 to the Bill requires the ACMA to designate a date no later than 1
January 2006 as the date from which the process for allocating an additional
broadcasting licence under section 38B of the BSA was to commence in remote
Western Australia.

Subsection 38B(1) of the BSA provides that where there are only two existing
commercial television broadcasting licences in force in a particular licence area, the
existing licensees may jointly, or individually, give written notice to the ACMA that
they will apply for an exempt licence. The notice must be given to the ACMA within
90 days of the designated time for the licence area.

Subsection 38B(26) provides that, where the licence area concerned is a remote
licence area or it overlaps with a remote licence area, the designated time for that
licence area is the time determined by the ACMA under subsection 38B(27).

Item 3 of Schedule 1 to the Bill proposed to insert new subsection 38B(29), which
provides that when the ACMA determines a designated time for remote licence areas
in Western Australia under subsection 38B(27), this time must be no later than 1
January 2006.

Due to the passage of time, it is necessary to remove the requirement for the
designated time to be no later than 1 January 2006. The effect of this amendment will
be to allow ACMA to use its discretion under subsection 38B(27) to set a designated
time for remote Western Australia.

It is anticipated that the ACMA will designate an appropriate date for commencing
the process for allocating an additional section 38B commercial television
broadcasting licence shortly after the passage of the Bill, and that the incumbent
broadcasters in remote licence areas in Western Australia will start digital
transmission of their existing services (the parent services) and section 38B services
in these remote licence areas at an early stage, with associated benefits for consumers
in those areas.