Senator ALSTON (Minister for Communications and the Arts)(10.45 a.m.) —by leave—I move:

(21)   Clause 34, page 45 (after line 13), after paragraph (a), insert:

   (aa)   the base station is not an exempt base station (as defined by subsection (1A)); and

(22)   Clause 34, page 45 (after line 28), after subclause (1), insert:

   (1A)   For the purposes of paragraph (1)(aa), a base station is an exempt base station if the sole use of the base station is use by a broadcaster to:

      (a)   supply broadcasting services to the public; or

      (b)   supply a secondary carriage service by means of the main carrier signal of a primary broadcasting service;

      or both.

(23)   Clause 34, page 45 (line 31) to page 46 (line 3), omit paragraph (a).

(25)   Clause 47, page 56 (line 15) to page 57 (line 9), omit subclauses (1) and (2), substitute:

   (1)   Section 42 does not apply to a network unit if the sole use of the unit is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services.

   (2)   Section 42 does not apply to a network unit if the sole use of the unit is use by the Australian National Railways Commission to carry communications necessary or desirable for the workings of train services.

   (2A)   Section 42 does not apply to a network unit if the sole use of the unit is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of any or all of the following services:

      (a)   train services of a kind provided by the authority;

      (b)   bus or other road services of a kind provided by the authority;

      (c)   tram services of a kind provided by the authority.

   (2B)   Section 42 does not apply to a network unit if the sole use of the unit is use by a rail corporation to carry communications necessary or desirable for the workings of train services.

   (2C)   Section 42 does not apply to a network unit if:

      (a)   the principal use of the unit is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services; and

      (b)   the remaining use of the unit is use by one or more carriers, or by one or more exempt network-users, to supply carriage services and/or content services.

   (2D)   Section 42 does not apply to a network unit if:

      (a)   the principal use of the unit is use by the Australian National Railways Commission to carry communications necessary or desirable for the workings of train services; and

      (b)   the remaining use of the unit is use by one or more carriers, or by one or more exempt network-users, to supply carriage services and/or content services.

   (2E)   Section 42 does not apply to a network unit if:

      (a)   the principal use of the unit is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of any or all of the following services:

         (i)   train services of a kind provided by the authority;

         (ii)   bus or other road services of a kind provided by the authority;

         (iii)   tram services of a kind provided by the authority; and

      (b)   the remaining use of the unit is use by one or more carriers, or by one or more exempt network-users, to supply carriage services and/or content services.

   (2F)   Section 42 does not apply to a network unit if:

      (a)   the principal use of the unit is use by a rail corporation to carry communications necessary or desirable for the workings of train services; and

      (b)   the remaining use of the unit is use by one or more carriers, or by one or more exempt network-users, to supply carriage services and/or content services.

(26)   Clause 48, page 57 (line 16) to page 58 (line 15), omit subclauses (1) and (2), substitute:

   (1)   If :

      (a)   the sole use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes:

         (i)   the supply of broadcasting services to the public;

         (ii)   the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and

      (b)   the unit does not consist of, or include, a facility used to carry communications between:

         (i)   the head end of a cable transmission system; and

         (ii)   the equipment used by an end-user to receive a broadcasting service; and

      (c)   the unit does not consist of a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience;

section 42 does not apply to the unit.

   (2)   If:

      (a)   the principal use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes:

         (i)   the supply of broadcasting services to the public;

         (ii)   the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and

      (b)   the unit does not consist of, or include, a facility used to carry communications between:

         (i)   the head end of a cable transmission system; and

         (ii)   the equipment used by an end-user to receive a broadcasting service; and

      (c)   the unit does not consist of a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience; and

      (d)   the remaining use of the unit is use by one or more carriers, or by one or more exempt network-users, to supply carriage services and/or content services;

section 42 does not apply to the unit.

Note:   The heading to clause 48 (page 57, line 15) is altered by omitting "broadcasters " and substituting "broadcasting services ".

(27)   Clause 48, page 58 (line 29) to page 59 (line 4), omit the definition of broadcaster .

(30)   Clause 86, page 85 (line 26), omit subparagraph (ii), substitute:

         (ii)   paragraph 47(2C)(b);

         (iia)   paragraph 47(2D)(b);

         (iib)   paragraph 47(2E)(b);

         (iic)   paragraph 47(2F)(b);

(31)   Clause 86, page 85 (line 27), omit "48(2)(b)", substitute "48(2)(d)".

(32)   Clause 91, page 89 (line 24) to page 90 (line 4), omit subclause (1), substitute:

   (1)   Subsections 86(1) and (2) do not apply to a carriage service if the sole or principal use of the carriage service is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services.

   (1A)   Subsections 86(1) and (2) do not apply to a carriage service if the sole or principal use of the carriage service is use by the Australian National Railways Commission to carry communications necessary or desirable for the workings of train services.

   (1B)   Subsections 86(1) and (2) do not apply to a carriage service if the sole or principal use of the unit is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of the following services:

      (a)   train services of a kind provided by the authority;

      (b)   bus or other road services of a kind provided by the authority;

      (c)   tram services of a kind provided by the authority.

   (1C)   Subsections 86(1) and (2) do not apply to a carriage service if the sole or principal use of the carriage service is use by a rail corporation to carry communications necessary or desirable for the workings of train services.

(33)   Clause 92, page 90 (lines 11 to 23), omit subclause (1), substitute:

   (1)   If:

      (a)   the sole or principal use of a carriage service is use to carry communications that are necessary or desirable for either or both of the following purposes:

         (i)   the supply of broadcasting services to the public;

         (ii)   the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and

      (b)   those communications are neither:

         (i)   communications carried between the head end of a cable transmission system and the equipment used by an end-user to receive a broadcasting service; nor

         (ii)   communications carried from a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience;

subsections 86(1) and (2) do not apply to the carriage service.

Note:   The heading to clause 92 (page 90, line 10) is altered by omitting "broadcasters " and substituting "broadcasting services ".

(34)   Clause 92, page 90 (line 29) to page 91 (line 5), omit the definition of broadcaster .

These amendments are technical, giving effect to recommendations of the committee.