Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Broadcasting Services Act 1992
1 Subsection 6(1) (paragraph (b) of the definition of commercial television broadcasting licence )
Omit "section 41A", substitute "section 41B or 41C".
2 After subsection 18(1A)
Insert:
(1AA) A SDTV multi - channelled commercial television broadcasting service (within the meaning of Schedule 4) is not an open narrowcasting service.
2A After subsection 26A(1)
Insert:
(1A) If:
(a) a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2007; and
(b) the licence authorises the licensee to provide a SDTV multi - channelled commercial television broadcasting service in the licence area;
the relevant licence area plan is not required to deal with the SDTV multi - channelled commercial television broadcasting service.
2B Subsection 26A(2)
Omit "Subsection (1) ceases", substitute "Subsections (1) and (1A) cease".
2C Subsection 26A(3)
Insert:
"SDTV multi-channelled commercial" television broadcasting service has the same meaning as in Schedule 4.
2D Paragraph 38B(21A)(c)
Omit "one or both", substitute "any or all".
2E Subsection 38B(21B)
Omit "a commercial", substitute "at least one commercial".
3 After section 41A
Insert:
Licences in force immediately before 1 January 2009
(1) If:
(a) a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2009; and
(b) the licence authorised the licensee to provide the following 2 services in the licence area:
(i) the core commercial television broadcasting service;
(ii) a HDTV multi - channelled commercial television broadcasting service;
the licence is taken to authorise the licensee to provide the following 3 services in the licence area:
(c) the core commercial television broadcasting service;
(d) the HDTV multi - channelled commercial television broadcasting service;
(e) a SDTV multi - channelled commercial television broadcasting service;
during the simulcast period, or the simulcast - equivalent period, as the case may be, for the licence area.
Licences allocated on or after 1 January 2009
(2) If a commercial television broadcasting licence for a licence area is allocated on or after 1 January 2009 but before the end of whichever of the following periods is applicable:
(a) the simulcast period for the licence area;
(b) the simulcast - equivalent period for the licence area;
the licence authorises the licensee to provide the following 3 services in the licence area:
(c) a HDTV multi - channelled commercial television broadcasting service;
(d) 2 SDTV multi - channelled commercial television broadcasting services;
during the simulcast period, or the simulcast - equivalent period, as the case may be, for the licence area.
Licences allocated under subsection 40(1)
(3) This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).
Definitions
(4) 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.
"simulcast-equivalent period" has the same meaning as in Schedule 4.
"simulcast period" has the same meaning as in Schedule 4.
Licences in force immediately before the end of the simulcast period etc.
(1) If a commercial television broadcasting licence for a licence area was in force immediately before the end of whichever of the following periods is applicable:
(a) the simulcast period for the licence area;
(b) the simulcast - equivalent period for the licence area;
then, after the end of the applicable period, the licence is taken to authorise the licensee to provide the following services in the licence area:
(c) one or more HDTV multi - channelled commercial television broadcasting services;
(d) one or more SDTV multi - channelled commercial television broadcasting services.
Licences allocated after the end of the simulcast period etc.
(2) If a commercial television broadcasting licence for a licence area is allocated after the end of whichever of the following periods is applicable:
(a) the simulcast period for the licence area;
(b) the simulcast - equivalent period for the licence area;
the licence authorises the licensee to provide the following services in the licence area:
(c) one or more HDTV multi - channelled commercial television broadcasting services;
(d) one or more SDTV multi - channelled commercial television broadcasting services.
Licences allocated under subsection 40(1)
(3) This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).
Definitions
(4) 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.
"simulcast-equivalent period" has the same meaning as in Schedule 4.
"simulcast period" has the same meaning as in Schedule 4.
4 After section 115
Insert:
115A Review of anti - siphoning provisions
(1) Before 31 December 2009, the Minister must cause to be conducted a review of the following matters:
(a) the operation of section 115;
(b) the operation of paragraph 7(1)(ob) of Schedule 2;
(c) the operation of paragraph 10(1)(e) and subclauses 10(1A) and (1B) of Schedule 2;
(d) the operation of Part 4A of Schedule 4;
(e) whether section 115 should be amended or repealed;
(f) whether paragraph 7(1)(ob) of Schedule 2 should be amended or repealed;
(g) whether paragraph 10(1)(e) and subclauses 10(1A) and (1B) of Schedule 2 should be amended or repealed;
(h) whether Part 4A of Schedule 4 should be amended or repealed.
(2) The Minister must cause to be prepared a report of a review under subsection (1).
(3) The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the report.
5 Paragraph 7(1)(m) of Schedule 2
After "not broadcast", insert ", on the core commercial television broadcasting service,".
6 Paragraph 7(1)(ob) of Schedule 2
Repeal the paragraph, substitute:
(ob) if a clause of Division 1 of Part 4A of Schedule 4 (which imposes restrictions on the televising of anti - siphoning events) applies to the licensee--the licensee will comply with that clause;
6A Paragraph 7(1)(p) of Schedule 2
After "section", insert "101B, 101C,".
7 Clause 2 of Schedule 4
Insert:
"primary commercial television broadcasting service" , in relation to a commercial television broadcasting licence, has the meaning given by clause 41G.
8 Clause 2 of Schedule 4
Insert:
"primary national television broadcasting service" , in relation to a national broadcaster, has the meaning given by clause 41M.
9 Clause 2 of Schedule 4
Insert:
"SDTV multi-channelled commercial television broadcasting service" has the meaning given by clause 5A.
10 After clause 5 of Schedule 4
Insert:
5A SDTV multi - channelled commercial television broadcasting service
(1) For the purposes of this Schedule, a commercial television broadcasting service is a SDTV multi - channelled commercial television broadcasting service if:
(a) the service is provided by a commercial television broadcasting licensee; 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 commercial television broadcasting service provided by the licensee; and
(d) the service is not the core commercial television broadcasting service.
(2) Paragraph (1)(d) ceases to have effect at the end of the simulcast period, or simulcast - equivalent period, for the licence area concerned.
11 After subclause 6(7J) of Schedule 4
Insert:
SDTV multi - channelled commercial television broadcasting services
(7JA) This clause does not apply to a SDTV multi - channelled commercial television broadcasting service.
12 After subclause 9(1A) of Schedule 4
Insert:
(1AA) Subclause (1) does not apply to a SDTV multi - channelled commercial television broadcasting service.
13 After subclause 38(4) of Schedule 4
Insert:
(4A) If:
(a) subsection 41B(2) applies to a commercial television broadcasting licence; and
(b) there is a simulcast period for the licence area of the licence; and
(c) the licensee provides a SDTV multi - channelled commercial television broadcasting service that is the licensee's primary commercial television broadcasting service; and
(d) the licensee provides:
(i) another SDTV multi - channelled commercial television broadcasting service; or
(ii) a HDTV multi - channelled commercial television broadcasting service;
then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:
(e) the other SDTV multi - channelled commercial television broadcasting service; or
(f) the HDTV multi - channelled commercial television broadcasting service;
unless the program has been previously transmitted on the primary commercial television broadcasting service.
14 Before clause 41C of Schedule 4
Insert:
Scope
(1) This clause applies to a commercial television broadcasting licensee if:
(a) there is a simulcast period , or a simulcast - equivalent period, for the licence area of the licence; and
(b) during that period, the licensee provides a core commercial television broadcasting service in the licence area.
Televising the whole of an anti - siphoning event
(2) During that period, the licensee must not televise on a SDTV multi - channelled commercial television broadcasting service in the licence area the whole of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the whole of the event on the core commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the whole of the event on both:
(i) the core commercial television broadcasting service; and
(ii) the SDTV multi - channelled commercial television broadcasting service.
Televising a part of an anti - siphoning event
(3) During that period, the licensee must not televise on a SDTV multi - channelled commercial television broadcasting service in the licence area a part of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the part of the event on the core commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the part of the event on both:
(i) the core commercial television broadcasting service; and
(ii) the SDTV multi - channelled commercial television broadcasting service; or
(c) the licensee televises the part of the event in a news or current affairs program broadcast on the SDTV multi - channelled commercial television broadcasting service.
Note: For anti - siphoning event , see subsection 6(1).
Scope
(1) This clause applies to a commercial television broadcasting licensee if:
(a) subsection 41B(2) applies to the licence; and
(b) there is a simulcast period , or a simulcast - equivalent period, for the licence area of the licence; and
(c) during that period, the licensee provides:
(i) a SDTV multi - channelled commercial television broadcasting service that is the licensee's primary commercial television broadcasting service; and
(ii) another SDTV multi - channelled commercial television broadcasting service (the secondary commercial television broadcasting service ).
Televising the whole of an anti - siphoning event
(2) During that period, the licensee must not televise on the secondary commercial television broadcasting service in the licence area the whole of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the whole of the event on the licensee's primary commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the whole of the event on both:
(i) the licensee's primary commercial television broadcasting service; and
(ii) the secondary commercial television broadcasting service.
Televising a part of an anti - siphoning event
(3) During that period, the licensee must not televise on the secondary commercial television broadcasting service in the licence area a part of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the part of the event on the licensee's primary commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the part of the event on both:
(i) the licensee's primary commercial television broadcasting service; and
(ii) the secondary commercial television broadcasting service; or
(c) the licensee televises the part of the event in a news or current affairs program broadcast on the secondary commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service , see subclause 41G(1).
Note 2: For anti - siphoning event , see subsection 6(1).
15 After clause 41C of Schedule 4
Insert:
Scope
(1) This clause applies to a commercial television broadcasting licensee if:
(a) subsection 41B(2) applies to the licence; and
(b) there is a simulcast period , or a simulcast - equivalent period, for the licence area of the licence; and
(c) during that period, the licensee provides a primary commercial television broadcasting service in the licence area.
Televising the whole of an anti - siphoning event
(2) During that period, the licensee must not televise on a HDTV multi - channelled commercial television broadcasting service in the licence area the whole of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the whole of the event on the licensee's primary commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the whole of the event on both:
(i) the licensee's primary commercial television broadcasting service; and
(ii) the HDTV multi - channelled commercial television broadcasting service.
Televising a part of an anti - siphoning event
(3) During that period, the licensee must not televise on a HDTV multi - channelled commercial television broadcasting service in the licence area a part of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the part of the event on the licensee's primary commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the part of the event on both:
(i) the licensee's primary commercial television broadcasting service; and
(ii) the HDTV multi - channelled commercial television broadcasting service; or
(c) the licensee televises the part of the event in a news or current affairs program broadcast on the HDTV multi - channelled commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service , see subclause 41G(1).
Note 2: For anti - siphoning event , see subsection 6(1).
Scope
(1) This clause applies to a commercial television broadcasting licensee after the end of the simulcast period , or the simulcast - equivalent period, for the licence area of the licence if the licensee provides:
(a) a SDTV multi - channelled commercial television broadcasting service that is the licensee's primary commercial television broadcasting service in the licence area; and
(b) one or more other SDTV multi - channelled commercial television broadcasting services (the secondary commercial television broadcasting services ) in the licence area.
Televising the whole of an anti - siphoning event
(2) The licensee must not televise on a secondary commercial television broadcasting service in the licence area the whole of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the whole of the event on the licensee's primary commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the whole of the event on both:
(i) the licensee's primary commercial television broadcasting service; and
(ii) the secondary commercial television broadcasting service.
Televising a part of an anti - siphoning event
(3) The licensee must not televise on a secondary commercial television broadcasting service in the licence area a part of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the part of the event on the licensee's primary commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the part of the event on both:
(i) the licensee's primary commercial television broadcasting service; and
(ii) the secondary commercial television broadcasting service; or
(c) the licensee televises the part of the event in a news or current affairs program broadcast on the secondary commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service , see subclause 41G(2).
Note 2: For anti - siphoning event , see subsection 6(1).
Scope
(1) This clause applies to a commercial television broadcasting licensee after the end of the simulcast period , or the simulcast - equivalent period, for the licence area of the licence.
Televising the whole of an anti - siphoning event
(2) The licensee must not televise on a HDTV multi - channelled commercial television broadcasting service in the licence area the whole of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the whole of the event on the licensee's primary commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the whole of the event on both:
(i) the licensee's primary commercial television broadcasting service; and
(ii) the HDTV multi - channelled commercial television broadcasting service.
Televising a part of an anti - siphoning event
(3) The licensee must not televise on a HDTV multi - channelled commercial television broadcasting service in the licence area a part of an anti - siphoning event unless:
(a) the licensee has previously televised in the licence area the part of the event on the licensee's primary commercial television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area the part of the event on both:
(i) the licensee's primary commercial television broadcasting service; and
(ii) the HDTV multi - channelled commercial television broadcasting service; or
(c) the licensee televises the part of the event in a news or current affairs program broadcast on the HDTV multi - channelled commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service , see subclause 41G(2).
Note 2: For anti - siphoning event , see subsection 6(1).
41G Primary commercial television broadcasting service
Service provided during the simulcast period etc.
(1) If subsection 41B(2) applies to a commercial television broadcasting licence, the ACMA may, by legislative instrument, declare that a specified SDTV multi - channelled commercial television broadcasting service provided by the licensee during the simulcast period , or the simulcast - equivalent period, for the licence area of the licence is the licensee's primary commercial television broadcasting service in the licence area.
Service provided after the end of the simulcast period etc.
(2) The ACMA may, by legislative instrument, declare that a specified SDTV multi - channelled commercial television broadcasting service provided by a commercial television broadcasting licensee after the end of the simulcast period , or the simulcast - equivalent period, for the licence area of the licence is the licensee's primary commercial television broadcasting service in the licence area.
16 After clause 41J of Schedule 4
Insert:
Scope
(1) This clause applies to a national broadcaster after the end of the simulcast period , or the simulcast - equivalent period, for a coverage area if the national broadcaster provides:
(a) a SDTV multi - channelled national television broadcasting service that is the broadcaster's primary national television broadcasting service in the coverage area; and
(b) one or more other SDTV multi - channelled national television broadcasting services (the secondary national television broadcasting services ) in the coverage area.
Televising the whole of an anti - siphoning event
(2) The national broadcaster must not televise on a secondary 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 broadcaster's primary national television broadcasting service; or
(b) the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:
(i) the broadcaster's primary national television broadcasting service; and
(ii) the secondary national television broadcasting service.
Televising a part of an anti - siphoning event
(3) The national broadcaster must not televise on a secondary 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 broadcaster's primary national television broadcasting service; or
(b) the national broadcaster will televise simultaneously in the coverage area the part of the event on both:
(i) the broadcaster's primary national television broadcasting service; and
(ii) the secondary 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 secondary national television broadcasting service.
Note 1: For primary national television broadcasting service , see clause 41M.
Note 2: For anti - siphoning event , see subsection 6(1).
Scope
(1) This clause applies to a national broadcaster after the end of the simulcast period , or the simulcast - equivalent period, for a coverage area.
Televising the whole of an anti - siphoning event
(2) The national broadcaster must not televise on a HDTV 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 broadcaster's primary national television broadcasting service; or
(b) the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:
(i) the broadcaster's primary national television broadcasting service; and
(ii) the HDTV multi - channelled national television broadcasting service.
Televising a part of an anti - siphoning event
(3) The national broadcaster must not televise on a HDTV 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 broadcaster's primary national television broadcasting service; or
(b) the national broadcaster will televise simultaneously in the coverage area the part of the event on both:
(i) the broadcaster's primary national television broadcasting service; and
(ii) the HDTV 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 HDTV multi - channelled national television broadcasting service.
Note 1: For primary national television broadcasting service , see clause 41M.
Note 2: For anti - siphoning event , see subsection 6(1).
41M Primary national television broadcasting service
(1) A national broadcaster must, by written notice given to the Minister, declare that a specified SDTV multi - channelled national television broadcasting service provided by the national broadcaster after the end of the simulcast period , or the simulcast - equivalent period, for a coverage area is the broadcaster's primary national television broadcasting service in the coverage area.
(2) The national broadcaster must ensure that a declaration under subclause (1) is in force at all times after the end of the simulcast period , or the simulcast - equivalent period, for the coverage area concerned.
16A Section 5 (paragraph (a) of the definition of datacasting transmitter licence )
After "section", insert "101B, 101C,".
16B Subsection 100(1)
After "100B,", insert "101B, 101C,".
16C After section 101A
Insert:
(1) If:
(a) a commercial television broadcasting licence (the related licence ) allocated under section 38B of the Broadcasting Services Act 1992 is in force on or after 1 January 2009; and
(b) an election under subclause 6(7B) of Schedule 4 to that Act is in force for a commercial television broadcasting service provided under the related licence;
the licensee of the related licence may, before the end of whichever of the following periods is applicable:
(c) the simulcast period for the licence area;
(d) the simulcast - equivalent period for the licence area;
apply in writing to the ACMA for the issue of a transmitter licence under this section.
(2) An application under subsection (1) must be in a form approved by the ACMA.
Issue of transmitter licence
(3) If:
(a) an application is made under subsection (1); and
(b) the ACMA is satisfied that there is sufficient radiofrequency spectrum available;
the ACMA must:
(c) vary the relevant digital channel plan under the commercial television conversion scheme to allot a channel to the licensee of the related licence; and
(d) issue to the licensee of the related licence a transmitter licence authorising the operation of one or more specified radiocommunications transmitters for transmitting commercial television broadcasting services in digital mode in accordance with the related licence.
(4) For the purposes of paragraph (3)(b), any part of the spectrum covered by a determination under subsection 34(3) of the Broadcasting Services Act 1992 is taken not to be available.
(5) If the related licence is transferred, the transmitter licence is taken to be issued to the person to whom the related licence is transferred.
Definitions
(6) In this section:
"simulcast-equivalent period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"simulcast period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
(1) If:
(a) a commercial television broadcasting licence (the related licence ) allocated under section 38A or 38B of the Broadcasting Services Act 1992 is in force on or after 1 January 2009; and
(b) an election under subclause 6(5A), (5AA) or (7B) of Schedule 4 to that Act is in force for a commercial television broadcasting service provided under the related licence; and
(c) no transmitter licence has been issued to the licensee of the related licence under section 101B;
the licensee of the related licence may, before the end of whichever of the following periods is applicable:
(d) the simulcast period for the licence area;
(e) the simulcast - equivalent period for the licence area;
apply in writing to the ACMA for the issue of a transmitter licence under this section.
(2) An application under subsection (1) must be in a form approved by the ACMA.
Issue of transmitter licence
(3) If:
(a) an application is made under subsection (1); and
(b) the ACMA is satisfied that there is sufficient radiofrequency spectrum available;
the ACMA must issue to the licensee of the related licence a transmitter licence authorising the operation of one or more specified radiocommunications transmitters for transmitting commercial television broadcasting services in digital mode in accordance with the related licence.
(4) For the purposes of paragraph (3)(b), any part of the spectrum covered by a determination under subsection 34(3) of the Broadcasting Services Act 1992 is taken not to be available.
(5) The transmitter licence comes into force at the end of the simulcast period, or the simulcast - equivalent period, for the licence area of the related licence.
(6) If the related licence is transferred, the transmitter licence is taken to be issued to the person to whom the related licence is transferred.
Consequences of revocation of election
(7) If:
(a) an application is made under subsection (1); and
(b) the election referred to in paragraph (1)(b) is revoked before the ACMA makes a decision on the application;
the application is taken never to have been made.
(8) If:
(a) a transmitter licence is issued under subsection (3); and
(b) the election referred to in paragraph (1)(b) is subsequently revoked;
the transmitter licence is cancelled.
Definitions
(9) In this section:
"simulcast-equivalent period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"simulcast period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
16D Paragraph 102(2A)(e)
Omit "another commercial television broadcasting service (the additional service )", substitute "one or more other commercial television broadcasting services (the additional services )".
16E Paragraph 102(2A)(f)
Omit "the additional service", substitute "at least one of the additional services".
16F Paragraph 102(2A)(g)
Omit "the additional service", substitute "any of the additional services".
16G Paragraph 102(2A)(h)
Omit "service", substitute "services".
16H Subsection 102(2C)
After "service" (first occurring), insert "or services".
16J Paragraph 102(2F)(a)
After "service", insert "or services".
16K Paragraph 102A(2A)(e)
Omit "another commercial television broadcasting service (the additional service )", substitute "one or more other commercial television broadcasting services (the additional services )".
16L Paragraph 102A(2A)(f)
Omit "the additional service", substitute "at least one of the additional services".
16M Subsection 102A(2A)
Omit "the additional service in", substitute "any of the additional services in".
17 After section 102AA
Insert:
(1) If:
(a) immediately before 1 January 2009, there was in force a transmitter licence issued under section 102 or 102A; and
(b) the transmitter licence is held by the licensee of a commercial television broadcasting licence (the related licence ); and
(c) the transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting:
(i) the core commercial television broadcasting service in digital mode; and
(ii) a HDTV multi - channelled commercial television broadcasting service;
in accordance with the related licence, using one or more channels; and
(d) the licensee of the related licence provides, or proposes to provide, a SDTV multi - channelled commercial television broadcasting service in accordance with the related licence;
the transmitter licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting the SDTV multi - channelled commercial television broadcasting service, using those channels, during whichever of the following periods is applicable:
(e) the simulcast period for the licence area of the related licence;
(f) the simulcast - equivalent period for the licence area of the related licence.
(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.
"core commercial television broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"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 .
"simulcast-equivalent period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"simulcast period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
(1) If:
(a) a transmitter licence issued under section 102 was in force immediately before the end of whichever of the following periods is applicable to the licence area of a commercial television broadcasting licence (the related licence ):
(i) the simulcast period for the licence area;
(ii) the simulcast - equivalent period for the licence area; and
(b) the transmitter licence is held by the licensee of the related licence; and
(c) immediately before the end of the applicable period, the transmitter licence authorised the operation of one or more specified radiocommunications transmitters for transmitting one or more commercial television broadcasting services in accordance with the related licence, using one or more channels;
then, after the end of the applicable period, 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 those channels.
(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 .
"simulcast-equivalent period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"simulcast period" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
18 Subsection 103(1)
After "subsection", insert "101C(3),".
19 Subsection 103(2)
After "101A,", insert "101B, 101C,".
20 After subsection 103(4)
Insert:
(4AA) A transmitter licence issued under section 101B:
(a) subject to paragraph (b), continues in force while the related licence referred to in that section remains in force; and
(b) does not have effect while the related licence referred to in that section is suspended.
(4AB) A transmitter licence issued under section 101C:
(a) subject to paragraph (b), continues in force while the related licence referred to in that section remains in force; and
(b) does not have effect while the related licence referred to in that section is suspended.
21 Subsection 106A(2)
After "section", insert "101B, 101C,".
22 Subsection 107(3)
After "101A,", insert "101B, 101C,".
23 Subsection 108(5)
After "101A,", insert "101B, 101C,".
24 Subsection 109(1)
After "section", insert "101B, 101C,".
25 After subsection 109(1)
Insert:
(1A) The conditions of a licence issued under section 101B, including any further conditions imposed under paragraph 111(1)(a), must not be inconsistent with the commercial television broadcasting licence referred to in section 101B.
(1B) The conditions of a licence issued under section 101C, including any further conditions imposed under paragraph 111(1)(a), must not be inconsistent with the commercial television broadcasting licence referred to in section 101C.
26 Subsection 109(2)
Omit "the licence", substitute "a licence issued under section 102 or 102A".
27 Paragraph 111(1)(d)
After "101A,", insert "101B, 101C , ".
28 Subsection 125(2)
After "101A,", insert "101B, 101C,".
29 Subsection 129(1)
After "101A,", insert "101B, 101C,".
[ Minister's second reading speech made in--
Senate on 14 September 2006
House of Representatives on 16 October 2006 ]
(133/06)