Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Australian Communications and Media Authority Act 2005
1 Paragraphs 53(2)(q) and (r)
Repeal the paragraphs.
Broadcasting Services Act 1992
2 Subsection 6(1) ( paragraph ( b) of the definition of commercial television broadcasting licence )
Omit " 41B or " .
3 Subsection 6(1)
Repeal the following definitions:
(a) definition of core commercial television broadcasting service ;
(b) definition of core/primary commercial television broadcasting service ;
(c) definition of designated re - stack day ;
(d ) definition of final digital television switch - over day .
4 Subsection 6(1)
Insert:
"primary commercial television broadcasting service" , in relation to a commercial television broadcasting licence, has the same meaning as in Schedule 4.
5 Section 8AE
Repeal the section .
6 Subsection s 26(1H) to (1L) and (7), (10) and (12)
Repeal the subsection s .
7 Subsection 26(13)
Repeal the following definitions:
(a) definition of simulcast - equivalent period ;
(b) definition of simulcast period .
8 Section s 26A and 26B
Repeal the section s .
9 Subparagraph 38A(2)(a)(ii)
Repeal the subparagraph.
10 Subsections 38A(9) and (10)
Repeal the subsections.
11 Subsections 38B(18) to (23)
Repeal the subsections.
12 Subsections 38C(2) to (14)
Repeal the subsections, substitute:
Allocation of licence
(2) A commercial television broadcasting licence that was allocated under this section before the commencement of Schedule 2 to the Broadcasting and Other Legislation Amendment (Deregulation) Act 201 5 continues in force unless it is cancelled.
13 Subsection 38C(17)
Repeal the subsection, substitute:
Allocation of licence after cancellation etc.
(17) If the ACMA gives a notice under subsection ( 15) to a licensee, cancelling the licence for a licence area, the ACMA must, within 45 days after the giving of the notice, advertise, in a manner determined by the ACMA, for applications for a licence to be allocated under subsection ( 23) for the licence area.
14 Subsection 38C(26) (definition of applicable terrestrial digital television switch - over date )
Repeal the definition.
15 Sections 41A, 41B and 41C
Repeal the section s , substitute:
41C Services authorised by commercial television broadcasting licences
(1) A commercial television broadcasting licence for a licence area authorises the licensee to provide the following services in the licence area:
(a) one or more HDTV multi - channelled commercial television broadcasting services;
(b) one or more SDTV multi - channelled commercial television broadcasting services.
Licences allocated under section 38C or subsection 40(1)
(2) This section does not apply to a commercial television broadcasting licence allocated under section 38C or subsection 40(1).
Definitions
(3) In this section:
"HDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.
"SDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.
16 Subparagraphs 41CA(1)(b)(ii), (c)(ii), (e)(ii) and (f)(ii)
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
17 Subsection s 41CA(5) and 43AA(3AA)
Repeal the subsection s .
18 Subsection 43AA(7) (definition of start date )
Repeal the definition.
19 Subsection s 43AB(3) , 43AC(3A) and (4)
Repeal the subsection s .
20 Subsection 43AC(5) (definition of start date )
Repeal the definition.
21 Subsection 61AC(1) ( table item 4 )
Omit " core/primary commercial television broadcasting services " , substitute " primary commercial television broadcasting services " .
22 Subsection 61AE(3)
Repeal the subsection.
23 Subsection 121G(1) (heading)
Repeal the heading, substitute:
Programs transmitted on primary commercial television broadcasting service
24 Subsection 121G(1) ( paragraph ( b) of the definition of total hours of Australian programs transmitted during the year )
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
25 Subsection 121G(1) ( paragraph ( b) of the definition of total hours of programs transmitted during the year )
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
26 Subsection 121G(2) (heading)
Repeal the heading, substitute:
Programs transmitted otherwise than on primary commercial television broadcasting service
27 Subsection 121G(2)
Repeal the subsection, substitute:
(2) A commercial television broadcasting licensee must ensure that , for each calendar year beginning on or after 1 January 2015, the total number of hours of Australian programs that were transmitted by the licensee :
(a) during targeted viewing hours in the year; and
(b) otherwise than on the primary commercial television broadcasting service provided by the licensee;
is not less than 1,460.
28 Paragraph 121G(3)(b)
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
29 Subsections 130A(4) and (5)
Repeal the subsections.
30 Paragraph 130L(d)
Repeal the paragraph.
31 Subparagraph 130ZB(3)(a)(ii)
Omit " area; " , substitute " area; and " .
32 Subparagraph 130ZB(3)(a)(iii)
Repeal the subparagraph.
33 Paragraphs 13 0ZB(3)(aa) and (ab)
Repeal the paragraphs.
34 Subsection s 130ZB(6) , (11), (14) and (15)
Repeal the subsection s .
35 Subsection 130ZB(16)
Repeal the following definition s:
(a) definition of digital - only local market area ;
(b) definition of local market area ;
(c) definition of simulcast area ;
(d) definition of simulcast period .
36 Subparagraph 130ZBB(3)(a)(ii)
Omit " area; " , substitute " area; and " .
37 Subparagraph 130ZBB(3)(a)(iii)
Repeal the subparagraph.
38 Paragraphs 130ZBB(3)(aa) and (ab)
Repeal the paragraphs.
39 Subsection 130ZBB(6)
Repeal the subsection .
40 Subsection 130ZBB(8)
Omit " will, after the end of the simulcast period, or the simulcast - equivalent period, as the case may be, for the related terrestrial licence area in which the related terrestrial sub - area is included, be able " , substitute " are " .
41 Subsections 130ZBB (12), (14), (15), (18) and (19)
Repeal the subsections.
42 Subsection 130ZBB(22)
Repeal the following definitions:
(a) definition of digital - only local market area ;
(b) definition of local market area ;
(c) definition of simulcast area ;
(d) definition of simulcast period .
43 Section s 130ZBC and 130ZEA
Repeal the section s .
44 S ubs ection s 130ZH (2) and (3)
Repeal the sub section s .
45 Subsection 130ZH(6)
Repeal the following definitions:
(a) definition of digital - only local market area ;
(b) definition of local market area ;
(c) definition of simulcast - equivalent period ;
(d) definition of simulcast period .
46 Section 130ZK
Repeal the following definitions:
(a) definition of primary commercial television broadcasting service ;
(b) definition of simulcast - equivalent period ;
(c) definition of simulcast period .
47 Subsection s 130ZR (2) and (3)
Repeal the subsections ( not including the heading) .
48 Subsection 130ZR(4)
Omit " core/primary commercial television broadcasting service " (wherever occurring), substitute " primary commercial television broadcasting service " .
49 Subsection 130ZR(6)
Repeal the subsection, substitute:
(6) If:
(a) a national broadcaster provides a national television broadcasting service in a coverage area; and
(b) the service is not provided with the use of a satellite;
subsection ( 1) does not require the provision of a captioning service for a television program transmitted on:
(c) a SDTV multi - channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite; or
(d) a HDTV multi - channelled national television broadcasting service provided by the national broadcaster otherwise than with the use o f a satellite;
unless the television program was previously transmitted by the national broadcaster on the primary national television broadcasting service provided by the national broadcaster.
50 Subsection 204(1) (table item dealing with refusal to allocate licence under section 38C )
Repeal the item.
51 Section 211
Repeal the section .
52 Paragraph s 7(1) (k) to (nb) of Schedule 2
Repeal the paragraph s .
53 Subclauses 7(4) to (8) of Schedule 2
Repeal the subclauses.
54 Clause 7B of Schedule 2 (heading)
Repeal the heading, substitute:
7B Conditions about the provision of primary commercial television broadcasting services
55 Subclause 7B(1) of Schedule 2 (heading)
Repeal the heading, substitute:
Conditions about the provision of primary services
56 Subclause 7B(1) of Schedule 2
Omit " related terrestrial core/primary services " , substitute " related terrestrial primary services " .
57 Paragraph 7B(1)(b) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
58 Paragraph 7B(1)(d) of Schedule 2
Omit " related terrestrial core/primary service " , substitute " related terrestrial primary service " .
59 Subclause 7B(2) of Schedule 2
Omit " related terrestrial core/primary services " , substitute " related terrestrial primary services " .
60 Paragraph 7B(2)(b) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
61 Subparagraph 7B(2)(d)(i) of Schedule 2
Omit " related terrestrial core/primary service " , substitute " related terrestrial primary service " .
62 Subparagraph 7B(2)(e)(i) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
63 Paragraph 7B(3)(b) of Schedule 2
Omit " related terrestrial core/primary service " , substitute " rela ted terrestrial primary service " .
64 Subparagraph 7B(3)(b)(ii) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
65 Paragraph 7B(3 )(c) of Schedule 2
Omit " related terrestrial core/primary service " , substitute " related terrestrial primary service " .
66 Subparagraph 7B(3)(d)(i) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
67 Subclause 7B(4) of Schedule 2
Repeal the subclause.
68 Subclause 7B(5) (heading) of Schedule 2
Repeal the heading, substitute:
Exemption--cessation of related terrestrial primary service
69 Paragraphs 7B(5)(a) and (b) and (6)(a) and (b) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
70 Subparagraph 7B(6)(e)(i) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
71 Clause 7C of Schedule 2 (heading)
Repeal the heading, substitute:
7C Conditions about the provision of non - primary commercial television broadcasting services
72 Subclause 7C(3) of Schedule 2
Repeal the subclause.
73 Subclause 7C(4) of Schedule 2
Repeal the subclause, substitute:
(4) Subclause ( 2) does not apply to a HDTV multi - channelled commercial television broadcasting service that a commercial television broadcasting licensee for a metropolitan licence area commences to provide after 10 December 2013.
74 Paragraphs 7C(6)(b) and (7)(b) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
75 Subclause 7C(8) of Schedule 2
Repeal the subclause.
76 Subclause 7C(9) of Schedule 2
Repeal the subclause, substitute:
(9) Subclause ( 7) does not apply to a SDTV multi - channelled commercial television broadcasting service that a commercial television broadcasting licensee for a metropolitan licence area commences to provide after 10 December 2013.
77 Paragraph 7C(10)(b) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
78 Subclause 7D(4) of Schedule 2
Repeal the subclause.
79 Paragraph 7E(b) of Schedule 2
Omit " after the start date for the licence area of the section 38C licence, " .
80 Subparagraph 7E(b)(ii) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
81 Clause 7E of Schedule 2 (note 1)
Repeal the note.
82 Clause 7E of Schedule 2 (note 2)
Omit " Note 2 " , substitute " Note " .
83 Subparagraph 7F(1)(a)(ii) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
84 Paragraph 7G(b) of Schedule 2
Omit " after the start date for the licence area of the section 38C licence, " .
85 Subparagraph 7G(b)(ii) of Schedule 2
Omit " core/primary commercial television broadcasting service " , substitute " primary commercial television broadcasting service " .
86 Clause 7G of Schedule 2 (note 1)
Repeal the note.
87 Clause 7G of Schedule 2 (note 2)
Omit " Note 2 " , substitute " Note " .
88 Clause s 7H and 7K of Schedule 2
Repeal the clause s .
89 Clause 7L of Schedule 2
Repeal the following definition s:
(a) definition of digital - only local market area ;
(b) definition of local market area ;
(c) definition of simulcast period .
90 Clause 1 of Schedule 4
Repeal the clause, substitute:
1 Simplified outline of this Schedule
National broadcasters who operate a transmitter are subject to restrictions regarding the services that may be transmitted in digital mode using the transmitter .
Commercial television licensees and national broadcasters who provide SDTV or HDTV multi - channelled television broadcasting services are subject to restrictions regarding the televising of anti - siphoning events and parts of anti - siphoning events.
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. Application s to the AAT for review of a decision regarding access may be made by the person seeking access, or by the owner or operator of the facility to which access is sought.
An ACMA determination determines when charge imposed by the Datacasting Charge (Imposition Act) 1998 is due and payable. The ACMA may also impose a late payment penalty.
91 Clause 2 of Schedule 4
Repeal the following definitions:
(a ) definition of commercial television broadcasting service ;
(b ) definition of commercial television conversion scheme .
92 Clause 2 of Schedule 4 ( note at the end of the definition of coverage area )
Repeal the note.
93 Clause 2 of Schedule 4
Repeal the following definitions:
(a) definition of designated HDTV multi - channelled national television broadcasting service ;
(b) definition of designated teletext service ;
(c) definition of digital - only local market area ;
(d) definition of exempt licence ;
(e) definition of exempt remote area service ;
(f) definition of HDTV commercial television format standard ;
(g) definition of HDTV national television format standard ;
(h) definition of local market area ;
(i) definition of national radio broadcasting service ;
(j) definition of national television conversion scheme ;
(k) definition of parent licence ;
(l) definition of SDTV commercial television format standard ;
(m) definition of SDTV national television format standard ;
(n) definition of simulcast - equivalent period ;
(o) definition of simulcast period .
94 Clause s 3 , 4C and 4D of Schedule 4
Repeal the clause s .
95 Subclause 5A(1) of Schedule 4
Omit " (1) " .
96 Paragraph 5A(1)(c) of Schedule 4
Omit " licensee; and " , substitute " licensee . " .
97 Paragraph 5A(1)(d) of Schedule 4
Repeal the paragraph.
98 Subclause s 5A(2) , 5C(2) and (3) of Schedule 4
Repeal the subclause s .
99 Clause s 5E, 5F and 5J of Schedule 4
Repeal the clause s .
100 Part 2 of Schedule 4
Repeal the Part.
101 Clause s 19 to 35AA of Schedule 4
Repeal the clause s .
102 Subclause 36 (1) of Schedule 4
Omit " (1) " .
103 Part 4 of Schedule 4
Repeal the Part.
104 Clauses 41A to 41D of Schedule 4
Repeal the clauses.
105 Clause 41E of Schedule 4 (heading)
Repeal the heading, substitute:
106 Subclause 41E(1) of Schedule 4
Omit " after the end of the simulcast period, or the simulcast - equivalent period, for the licenc e area of the licence " .
107 Paragraph 41E(1)(a) of Schedule 4
After " the licence area", insert " of the licence ".
108 Paragraph 41E(1)(b) of Schedule 4
Omit "the licence area", substitute "that licence area".
109 Clause 41F of Schedule 4 (heading)
Repeal the heading, substitute:
110 Subclause 41F(1) of Schedule 4
Omit " after the end of the simulcast period, or the simulcast - equivalent period, for the licenc e area of the licence " .
111 Subclause 41F(2) of Schedule 4
Omit "in the licence area" (first occurring), substitute ", in the licence area of the licence,".
112 Subclause 41F(3) of Schedule 4
Omit "in the licence area" (first occurring), substitute ", in the licence area of the licence,".
113 Subclauses 41G(1) and (1A) of Schedule 4
Repeal the subclauses.
114 Subclause 41G(2) of Schedule 4 (heading)
Repeal the heading.
115 Subclause 41G(2) of Schedule 4
Omit " after the end of the simulcast period, or the simulcast - equivalent period , " .
116 Subclause 41G(3) of Schedule 4
Repeal the subclause, substitute:
(3) The ACMA must ensure that a declaration under subclause ( 2) is in force at all times after the licensee commences to provide a SDTV multi - channelled commercial television broadcasting service in the licence area.
117 Subclause 41G(6) of Schedule 4
Omit " on and after the start date " .
118 Subclause 41G(7) of Schedule 4
Repeal the subclause.
119 Clauses 41H and 41J of Schedule 4
Repeal the clauses.
120 Clause 41K of Schedule 4 (heading)
Repeal the heading, substitute:
121 Subclause 41K(1) of Schedule 4
Omit " after the end of the simulcast period, or the simulcast - equivalent period, for a coverage area " .
122 Paragraph 41K(1)(a) of Schedule 4
Omit "the coverage area", substitute "a coverage area".
123 Paragraph 41K(1)(b) of Schedule 4
Omit "the coverage area", substitute "that coverage area".
124 Clause 41L of Schedule 4 (heading)
Repeal the heading, substitute:
125 Subclause 41L(1) of Schedule 4
Omit " after the end of the simulcast period, or the simulcast - equivalent period, for a coverage area " .
126 Subclause s 41L(2) and (3) of Schedule 4
Omit "the coverage area" (first occurring), substitute "a coverage area".
127 Subc lause 41M (1) of Schedule 4
Omit " after the end of the simulcast period, or the simulcast - equivalent period, for a coverage area " , substitute "in a specified coverage area" .
128 Subclause 41M(2) of Schedule 4
Omit "after the end of the simulcast period, or the simulcast - equivalent period".
129 Part 7 of Schedule 4
Repeal the Part.
130 Subclauses 62(1) to (4) of Schedule 4
Repeal the subclauses.
131 Part 11 of Schedule 4
Repeal the Part.
132 Subclause 2(1) of Schedule 6
Insert:
"designated teletext service" means a teletext service provided by a commercial television broadcasting licensee, where:
(a) the licensee provided the service throughout the 2 - year period ending immediately before the commencement of this Schedule; and
(b) the service remains substantially the same as the service provided throughout that 2 - year period.
133 Clause 51A of Schedule 6
Omit " (within the meaning of Schedule 4) " .
Datacasting Charge (Imposition) Act 1998
134 Section 3 (definition of designated teletext service )
Omit " Schedule 4 " , substitute " Schedule 6 " .
135 Section 5 ( paragraph ( a) of the definition of datacasting transmitter licence )
Omit " section 101B, 101C, 102 or 102 A " , substitute " section 102 " .
136 Section 5 (definition of designated teletext service )
Omit " Schedule 4 " , substitute " Schedule 6 " .
137 Paragraph 44A(2)(d)
Omit " 1992 ; and " , substitute " 1992 . "
138 Paragraphs 44A(2)(e) and (f)
Repeal the paragraphs.
139 Subsection 44A(12)
Repeal the subsection.
140 Subsection 100(1)
Omit " 100B, 101B, 101C, 102, 102A " , substitute " 102 " .
141 Subsection 100(5)
Omit " 100B, 102A, 102AH or " .
142 S ection 100AA
Repeal the section, substitute:
100AA NBS transmitter licences--authorised channels
(1) If:
(a) an NBS transmitter lice nce is issued under section 100; and
(b) the licence authorises the operation of one or more radiocommunications transmitters for transmitting one or more national television broadcasting services in digital mode in a BSA coverage area;
the licence authorises the operation of the transmitter or transmitters concerned for transmitting those services in that area using the channel or channels allotted to the national broadcaster concerned under the BSA television licence area plan for t hat BSA television licence area.
(2) In this section:
"BSA television licence area" means a BSA licence area for a commercial television broadcasting licence.
"national television broadcasting service" means a national broadcasting service that provides television programs.
"NBS transmitter licence" means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service.
143 Section s 100B , 101B and 101C
Repeal the section s .
144 Subsections 102(2A), (2B), (2C), (2 D), (2E), (2EA), (2F), (2G), (2H ), (2J) and (6)
Repeal the subsections.
145 Section s 102A , 102AA and 102AB
Repeal the section s .
146 Section s 102AC and 102AD
Repeal the sections, substitute:
102AD Transmitter licences--authorised channels
(1) If:
(a) a transmitter licence is issued under section 102 in relation to a broadcasting services bands licence (the related licence ); and
(b) the transmitter licence is held by the licensee of the related licence; and
(c) the transmitter licence authorises the operation of one or more radiocommunications transmitters for transmitting one or more commercial television broadcasting services in accordance with the related licence;
the transmitter licence authorises the operation of the transmitter or transmitters concerned for transmitting:
(d) one or more HDTV multi - channelled commercial television broadcasting services; and
(e) one or more SDTV multi - channelled commercial television broadcasting services;
in accordance with the related licence, using t he channel or channels allotted to the licensee of the related licence under the BSA television licence area plan.
(2) In this section:
"commercial television broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"commercial television broadcasting service" means a commercial broadcasting service that provides television programs.
"HDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"SDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
147 Section s 102AG and 102AH
Repeal the section s .
148 Subsection 103(1)
Omit " (other than an apparatus licence issued under subsection 101C(3), 102(2D), 102(2G) or 102A(2D)) " .
149 Subsection 103(2)
Omit " , 101B, 101C, 102 or 102A " , substitute " or 102 " .
150 Subsections 103(4 AA), (4AB ) , (4C), (4D), (4E) and (4F)
Repeal the subsections.
151 Subsection 106A(2)
Omit " 101B, 101C, 102 or 102A " , substitute " 102 " .
152 Paragraph s 107(3)(a) and 108(5)(a)
Omit " , 101B, 101C, 102 or 102A " , substitute " or 102 " .
153 Subsection 109(1)
Omit " 101B, 101C, 102 or 102A " , substitute " 102 " .
154 Subsections 109(1A) and (1B)
Repeal the subsections.
155 Subsection 109(2)
Omit " or 102A " (wherever occurring).
156 Paragraph 111(1)(d)
Omit " , 101B, 101C, 102 or 102A " , substitute " or 102 " .
157 Subsection 111(5)
Repeal the subsection.
158 Subsection s 125(2) and 129(1)
Omit " , 101B, 101C, 102 or 102A " , substitute " or 102 " .
159 Subsection 130(3)
Repeal the subsection, substitute:
(3) In deciding whether to renew the licence, the ACMA:
(a) 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) 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.
160 Subsection 131AB(2)
Repeal the subsection, substitute:
(2) In deciding whether to transfer the licence, the ACMA:
(a) 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) 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.
161 Subparagraphs 153H(1)(c)(ii) and (iii)
Repeal the subparagraphs.
162 Paragraph 153P(2)(db)
Repeal the paragraph.
163 Subsection 153P(4)
Repeal the subsection.
164 Application--appeals to the AAT
The amendment of section 204 of the Broadcasting Services Act 1992 made by this Schedule does not apply in relation to a decision made before the commencement of this item.
165 Application--right of review
T he amendment of clause 62 to Schedule 4 of the Broadcasting Services Act 1992 made by this Schedule does not appl y in relation to a decision made before the commencement of this item.
166 Application--NBS transmitter licences
The amendment of section 100AA of the Radiocommunications Act 1992 made by this Schedule applies in relation to a transmitter licence whether the licence was issued before or after the commencement of this item.