Commonwealth Consolidated Acts Commonwealth Consolidated ActsBroadcasting Services Act 1992
1 Subsection 6(1)
Insert:
"anti-siphoning event" means an event, or an event of a kind, that is specified in a notice under subsection 115(1). For this purpose, disregard subsections 115(1AA) and (1B).
2 Subsection 18(2)
Before "multi - channelled", insert "SDTV".
2A Before section 27
Insert:
26B Licence area plans--multi - channelled national television broadcasting services
(1) Licence area plans are not required to deal with SDTV multi - channelled national television broadcasting services.
(2) Subsection (1) ceases to have effect at the end of the simulcast period, or the simulcast - equivalent period, for the coverage area concerned.
(3) In this section:
"SDTV multi-channelled national television broadcasting service" has the same meaning as in Schedule 4.
"simulcast-equivalent period" has the same meaning as in Schedule 4.
"simulcast period" has the same meaning as in Schedule 4.
3 Section 146B (paragraph (b) of the definition of televise )
Omit "the broadcaster's national television broadcasting service", substitute "a national television broadcasting service provided by the broadcaster".
5 Subparagraph 10(1)(e)(ii) of Schedule 2
After "licensees", insert "(other than licensees who hold licences allocated under subsection 40(1))".
6 Subclauses 10(1A) and (1B) of Schedule 2
After "broadcasting licensee", insert "(other than a licensee who holds a licence allocated under subsection 40(1))".
7 Clause 2 of Schedule 4 (definition of multi - channelled national television broadcasting service )
Repeal the definition.
8 Clause 2 of Schedule 4
Insert:
"news or current affairs program" means any of the following:
(a) a news bulletin;
(b) a sports news bulletin;
(c) a program (whether presenter - based or not) whose sole or dominant purpose is to provide analysis, commentary or discussion principally designed to inform the general community about social, economic or political issues of current relevance to the general community.
9 Clause 2 of Schedule 4
Insert:
"SDTV multi-channelled national television broadcasting service" has the meaning given by clause 5C.
9A Clause 2 of Schedule 4
Insert:
"simulcast-equivalent period" , in relation to a national television broadcasting service, has the meaning given by clause 4D.
9B Before clause 5 of Schedule 4
Insert:
4D Simulcast - equivalent period for a coverage area
If there is no simulcast period for a coverage area in relation to a national television broadcasting service, the ACMA may, by legislative instrument, declare that a specified period is the simulcast - equivalent period for the coverage area.
10 Clause 5A of Schedule 4
Repeal the clause, substitute:
5C SDTV multi - channelled national television broadcasting service
(1) For the purposes of this Schedule, a national television broadcasting service is a SDTV multi - channelled national television broadcasting service if:
(a) the service is provided by:
(i) the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983 ; or
(ii) the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991 ; and
(b) the service is transmitted in SDTV digital mode using multi - channelling transmission capacity; and
(c) the service is promoted as a service that is distinct from any other national television broadcasting service provided by the Corporation concerned; and
(d) the Corporation concerned has given the Minister a written notice electing that this subclause apply to the service.
(2) A notice under paragraph (1)(d) has no effect if:
(a) the notice relates to a national television broadcasting service transmitted by the Corporation concerned in a coverage area; and
(b) as a result of the notice being given, clause 19 would not apply to any national television broadcasting service provided by the Corporation in the coverage area.
(3) Subclause (2) ceases to have effect at the end of the simulcast period, or simulcast - equivalent period, for the coverage area concerned.
11 Subclause 19(7B) of Schedule 4
Before "multi - channelled", insert "SDTV".
Note: The heading to subclause 19(7B) is altered by omitting " Multi - channelled " and substituting " SDTV multi - channelled ".
12 Subclause 20(1A) of Schedule 4
Before "multi - channelled", insert "SDTV".
13 Paragraph 23(4)(b) of Schedule 4
Omit "the national broadcasting service concerned", substitute "national television broadcasting services".
14 Subclause 35(3) of Schedule 4
Before "multi - channelled", insert "SDTV".
15 Subclause 36(1) of Schedule 4
Omit "the national television broadcasting service concerned", substitute "national television broadcasting services".
16 Paragraph 37F(4)(c) of Schedule 4
Before "multi - channelled", insert "SDTV".
17 Paragraph 37H(3)(c) of Schedule 4
Before "multi - channelled", insert "SDTV".
18 After Part 4 of Schedule 4
Insert:
Part 4A -- Restrictions on televising anti - siphoning events
Scope
(1) This clause applies to a national broadcaster if there is a simulcast period , or a simulcast - equivalent period, for a coverage area.
Televising the whole of an anti - siphoning event
(2) During that period, the national broadcaster must not televise on a SDTV multi - channelled national television broadcasting service in the coverage area the whole of an anti - siphoning event unless:
(a) the national broadcaster has previously televised in the coverage area the whole of the event on the national television broadcasting service to which clause 19 applies; or
(b) the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:
(i) the national television broadcasting service to which clause 19 applies; and
(ii) the SDTV multi - channelled national television broadcasting service.
Televising a part of an anti - siphoning event
(3) During that period, the national broadcaster must not televise on a SDTV multi - channelled national television broadcasting service in the coverage area a part of an anti - siphoning event unless:
(a) the national broadcaster has previously televised in the coverage area the part of the event on the national television broadcasting service to which clause 19 applies; or
(b) the national broadcaster will televise simultaneously in the coverage area the part of the event on both:
(i) the national television broadcasting service to which clause 19 applies; and
(ii) the SDTV multi - channelled national television broadcasting service; or
(c) the national broadcaster televises the part of the event in a news or current affairs program broadcast on the SDTV multi - channelled national television broadcasting service.
Note: For anti - siphoning event , see subsection 6(1).
19 Paragraphs 45(2)(a), 45A(3)(a) and 46(2)(a) of Schedule 4
After "broadcasting service", insert "or services".
20 Clauses 60 and 60A of Schedule 4
Repeal the clauses.
21 Paragraph 100A(1)(b)
Omit "the national broadcasting service concerned", substitute "a national television broadcasting service".
22 Subsection 100B(1)
After "service", insert "or services".
23 Paragraph 100D(1)(c)
Omit "another national television broadcasting service; and", substitute "one or more SDTV multi - channelled national television broadcasting services;".
Note: The heading to section 100D is altered by omitting " multi - channelled " and substituting " SDTV multi - channelled national ".
24 Paragraph 100D(1)(d)
Repeal the paragraph.
25 Subsection 100D(1)
Omit "multi - channelled national television broadcasting service in", substitute "SDTV multi - channelled national television broadcasting services in".
26 Subsection 100D(2) (definition of multi - channelled national television broadcasting service )
Repeal the definition.
27 Subsection 100D(2)
Insert:
"SDTV multi-channelled national television broadcasting service" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
Part 2 -- Transitional provisions
28 Notices about SDTV multi - channelled national television broadcasting service
(1) This item applies to a notice that:
(b) was in force immediately before the commencement of this item; and
(a) was given under paragraph 5A(1)(g) of Schedule 4 to the Broadcasting Services Act 1992 .
(2) The notice has effect, after the commencement of this item, as if it had been given under paragraph 5C(1)(d) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.
28A Variation of national television conversion scheme
(1) This item applies to a variation by the ACMA of the national television conversion scheme if:
(a) the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and
(b) the variation is made within 30 days after the commencement of this item.
(2) Clause 33 of Schedule 4 to the Broadcasting Services Act 1992 does not apply to the variation.
(3) Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.
(4) The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA's Internet site for a period of at least 5 business days.
29 NBS transmitter licences issued under section 100B of the Radiocommunications Act 1992
(1) This item applies to an NBS transmitter licence that:
(a) was in force immediately before the commencement of this Schedule; and
(b) was issued under subsection 100B(1) of the Radiocommunications Act 1992 .
(2) To avoid doubt, the amendment of subsection 100B(1) of the Radiocommunications Act 1992 made by this Schedule does not affect the continuity of the NBS transmitter licence.