Commonwealth Consolidated Acts

BROADCASTING LEGISLATION AMENDMENT (2021 MEASURES NO. 1) ACT 2021 - SCHEDULE 6

Part   1 -- Amendments

Broadcasting Services Act 1992

1   At the end of subsection   81(1)

Add:

Note:   See also section   96B of the Radiocommunications Act 1992 , which provides that CTV licences must not be granted to new holders after 30   June 2021.

2   At the end of subsection   92C(1)

Add:

Note:   See also section   96B of the Radiocommunications Act 1992 , which provides that licences for television services under this Part must not be granted to new holders after 30   June 2021.

Radiocommunications Act 1992

3   After section   96

Insert:

96A   Policy in relation to certain community broadcasting services and open narrowcasting television services

  (1)   It is the intention of the Parliament that:

  (a)   until 30   June 2024, access to the broadcasting services bands be available to provide the following services in a prescribed area:

  (i)   community broadcasting services provided under a CTV licence;

  (ii)   community broadcasting services that provide television programs under a licence under Part   6A of the Broadcasting Services Act 1992 ;

  (iii)   open narrowcasting television services provided for community or educational non - profit purposes that are transmitted from one or more radiocommunications transmitters, the operation of which is authorised under an apparatus licence issued under section   100; but

  (b)   on and after 30   June 2024, all such services should be delivered using online platforms.

  (2)   The Minister may, by legislative instrument, prescribe an area for the purposes of paragraph   (h) of the definition of prescribed area in subsection   (3).

  (3)   In this section:

"broadcasting services bands" has the same meaning as in the Broadcasting Services Act 1992 .

"CTV licence" has the same meaning as in the Broadcasting Services Act 1992 .

"prescribed area" means:

  (a)   Adelaide; or

  (b)   Melbourne; or

  (c)   an area prescribed in an instrument under subsection   (2).

96B   Licences of certain kinds must not be granted to new holders after 30   June 2021

  (1)   This section applies to a person if, on 30   June 2021, the person did not hold one or more of the following licences:

  (a)   a CTV licence;

  (b)   a licence under Part   6A of the Broadcasting Services Act 1992 to provide a community broadcasting service that provides television programs;

  (c)   an apparatus licence issued under section   100 that:

  (i)   authorises the operation of one or more radiocommunications transmitters; and

  (ii)   includes a condition that the licence may only be used to provide a transmission in standard definition digital mode of an open narrowcasting television service for community and educational non - profit purposes.

  (2)   Despite anything else in this Act or the Broadcasting Services Act 1992 , the person is not eligible to hold a licence of that kind after that day.

4   Subsection   103(2)

After "Subject to", insert "subsection   (2A) and".

5   After subsection   103(2)

Insert:

  (2A)   An apparatus licence issued under section   100 with the licence number 1171866 does not have effect after 30   June 2024.

6   Paragraph   103(4A)(c)

Repeal the paragraph, substitute:

  (c)   if the related licence is a CTV licence within the meaning of the Broadcasting Services Act 1992 --does not have effect after 30   June 2024.

7   Application of amendments

The amendments made by items   4 to 6 of this Schedule apply in relation to apparatus licences regardless of when the licences were issued.

Part   2 -- Repeals

Australian Communications and Media Authority (Community Television) Direction   2020

8   The whole of the instrument

Repeal the instrument.