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BROADCASTING LEGISLATION AMENDMENT (DIGITAL TELEVISION) BILL 2010

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for Social Inclusion (Senator Stephens)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: Senator Stephens tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.


On the motion of Senator Stephens the following amendments, taken together by leave, were debated and agreed to:

 Schedule 1, item 2, page 3 (lines 12 and 13), omit "complies with section 130ZB", substitute "sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section 38C".

 Schedule 1, page 3 (after line 29), after item 4, insert:

 4A Subsection 6(1)

  Insert:

   final digital television switch-over day has the meaning given by section 8AE.

 Schedule 1, item 7, page 4 (lines 14 to 18), omit the item, substitute:

 7 Subsection 6(1)

  Insert:

   scheme administrator has the meaning given by subsection 130ZB(8).

 Schedule 1, page 4 (before line 19), before item 8, insert:

 7A After section 8AD

  Insert:

 

8AE Final digital television switch-over day

  (1) For the purposes of this Act, the final digital television switch-over day is the last switch-over day.

  (2) For the purposes of subsection (1), the last day of a simulcast period is a switch-over day.

  (3) In this section:

   simulcast period has the same meaning as in Schedule 4.

 Schedule 1, item 28, page 14 (lines 4 to 6), omit subsection 41B(1A) (including the note), substitute:

  (1A) Subsection (1) does not apply, after the commencement of section 38C, to:

 (a) an eligible parent licence; or

 (b) an eligible section 38A licence.

   Note 1: For eligible parent licence, see subsection (2E).

   Note 2: For eligible section 38A licence, see subsection (2E).

 Schedule 1, item 29, page 14 (after line 12), after paragraph 41B(2A)(a), insert:

 (aa) an eligible section 38A licence; or

 Schedule 1, item 29, page 14 (after line 14), after note 1, insert:

   Note 1A: For eligible section 38A licence, see subsection (2E).

 Schedule 1, item 29, page 15 (after line 26), after subsection 41B(2C), insert:

   Eligible section 38A licences in force immediately before 1 January 2009

  (2CA) If:

 (a) an eligible section 38A licence for a licence area was in force immediately before 1 January 2009; and


 (b) the eligible section 38A licence authorised the licensee to provide the following 3 services in the licence area:

 (i) the core commercial television broadcasting service;

 (ii) a HDTV multi-channelled commercial television broadcasting service;

 (iii) a SDTV multi-channelled commercial television broadcasting service;

   the eligible section 38A licence is taken to authorise the licensee to provide the following services in the licence area:

 (c) the core commercial television broadcasting service;

 (d) either:

 (i) a HDTV multi-channelled commercial television broadcasting service and a SDTV multi-channelled commercial television broadcasting service; or

 (ii) 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.

   Note: For eligible section 38A licence, see subsection (2E).

   Eligible section 38A licences allocated on or after 1 January 2009

  (2CB) If an eligible section 38A 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 eligible section 38A licence is taken to authorise the licensee to provide:

 (c) the following services in the licence area:

 (i) a HDTV multi-channelled commercial television broadcasting service;

 (ii) 2 SDTV multi-channelled commercial television broadcasting services; or

 (d) 3 SDTV multi-channelled commercial television broadcasting services in the licence area;

   during the simulcast period, or the simulcast-equivalent period, as the case may be, for the licence area.

   Note: For eligible section 38A licence, see subsection (2E).

 Schedule 1, item 29, page 16 (lines 8 to 24), omit subsection 41B(2E), substitute:

   Eligible parent licence, eligible section 38A licence and eligible section 38B licence

  (2E) For the purposes of this section, if:

 (a) a person (the original licensee) is or was the licensee of a commercial television broadcasting licence (other than a commercial television broadcasting licence allocated under section 38A or subsection 38B(6), (7), (8) or (9)); and

 (b) the original licensee is or was allocated an additional commercial television broadcasting licence under section 38A; and


 (c) after the commencement of section 38C, the original licensee is allocated an additional commercial television broadcasting licence under subsection 38B(6), (7), (8) or (9); and

 (d) at a particular time, the licences mentioned in paragraphs (a), (b) and (c) are held by the same person (whether or not that person is the original licensee);

   then, at that time:

 (e) the licence mentioned in paragraph (a) is an eligible parent licence; and

 (f) the licence mentioned in paragraph (b) is an eligible section 38A licence; and

 (g) the licence mentioned in paragraph (c) is an eligible section 38B licence.

 Schedule 1, item 32, page 18 (line 37), omit "43A(3A) or".

 Schedule 1, item 41, page 22 (line 12), omit "and information".

 Schedule 1, item 41, page 22 (lines 17 and 18), omit ", or a local information program,".

 Schedule 1, item 41, page 22 (after line 18), after paragraph 43AA(1)(a), insert:

 (aa) the licensee has not previously broadcast the program in the licence area; and

 Schedule 1, item 41, page 22 (lines 23 and 24), omit ", or the local information program, as the case may be,".

 Schedule 1, item 41, page 23 (lines 3 to 7), omit subsection 43AA(3), substitute:

  (3) If:

 (a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and

 (b) the regional licensee believes, on reasonable grounds, that the broadcasting of a part of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:

 (i) committing an offence; or

 (ii) becoming liable to a civil penalty; or

 (iii) breaching an order or direction of a court; or

 (iv) being in contempt of court;

   subsection (1) has effect as if the program did not include that part of the program.

  (3A) If:

 (a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and


 (b) the regional licensee believes, on reasonable grounds, that the broadcasting of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:

 (i) committing an offence; or

 (ii) becoming liable to a civil penalty; or

 (iii) breaching an order or direction of a court; or

 (iv) being in contempt of court;

   subsection (1) does not apply to the program.

  (3B) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if:

 (a) the licensee broadcasts a local news program in the licence area on 2 or more occasions; and

 (b) the licence area is wholly or partly included in the licence area of a licence allocated under section 38C;

   the licensee of the regional commercial television broadcasting licence will take reasonable steps to ensure that the licensee of the regional commercial television broadcasting licence does not, on more than one occasion, provide the program to the section 38C licensee for broadcast by the section 38C licensee.

 Schedule 1, item 41, page 23 (lines 8 to 11), omit subsections 43AA(4) and (5).

 Schedule 1, item 41, page 23 (before line 15), before the definition of metropolitan licence area in subsection 43AA(7), insert:

   local news program means:

 (a) a program that consists solely of local news and/or local weather information; or

 (b) a program:

 (i) that consists primarily of local news and/or local weather information; and

 (ii) the remainder of which consists of other news and/or other weather information;

   but does not include:

 (c) a short segment, or a headline update, that is broadcast for the sole or primary purpose of promoting another program; or

 (d) a short segment, or a headline update, that repeats news content that has previously been broadcast by the licensee concerned.

 Schedule 1, item 41, page 23 (lines 24 and 25), omit the definition of regional aggregated commercial television broadcasting licence in subsection 43AA(7).

 Schedule 1, item 41, page 27 (line 13), omit paragraph 43AD(1)(a).

 Schedule 1, item 41, page 27 (line 17), omit "or material".

 Schedule 1, item 50, page 29 (line 1), omit "subsection 43A(3A),".


 Schedule 1, items 57 to 61, page 29 (line 27) to page 30 (line 33), omit the items, substitute:

 57 Subsections 122(7) and (8)

  Repeal the subsections, substitute:

  (7) Standards under subsection (1) do not apply to a commercial television broadcasting service provided by a commercial television broadcasting licensee before the end of the final digital television switch-over day, unless that service is the core/primary commercial television broadcasting service provided by the licensee.

 58 Subsection 122(9)

  Omit "section 36 or".

 59 Subsection 122(10)

  Repeal the subsection.

 Schedule 1, page 31 (before line 1), before item 62, insert:

 61A After section 123A

  Insert:

 

123B Review by the ACMA—application of code of practice to section 38C licences

   Scope

  (1) This section applies if:

 (a) a code of practice (the original code) is registered under section 123; and

 (b) the code applies to the broadcasting operations of commercial television broadcasting licensees.

   Review of original code

  (2) The ACMA may conduct a review of whether the original code is appropriate in its application to the broadcasting operations of licensees of commercial television broadcasting licences allocated under section 38C.

   Request for development of replacement code

  (3) If the ACMA:

 (a) conducts a review of the original code under subsection (2); and

 (b) considers that the original code is not appropriate in its application to the broadcasting operations of licensees of commercial television broadcasting licences allocated under section 38C;

   the ACMA may, by written notice given to the industry group that developed the original code:

 (c) request the industry group to:

 (i) develop another code of practice (the replacement code) that is expressed to replace the original code; and

 (ii) give a copy of the replacement code to the ACMA within the period specified in the notice; and

 (d) specify particular matters that, in the ACMA's opinion, should be addressed in the replacement code.


 Schedule 1, item 63, page 32 (line 6), omit "either or both", substitute "any or all".

 Schedule 1, item 63, page 32 (line 11), omit "satellite.", substitute "satellite;".

 Schedule 1, item 63, page 32 (after line 11), at the end of subsection 130BB(1), add:

 (c) community television broadcasting services provided with the use of a satellite;

 (d) open narrowcasting television services provided with the use of a satellite.

 Schedule 1, item 63, page 32 (line 16), omit "either or both", substitute "any or all".

 Schedule 1, item 63, page 32 (line 21), omit "and".

 Schedule 1, item 63, page 32 (after line 21), at the end of paragraph 130BB(2)(c), add:

 (iii) community television broadcasting services provided with the use of a satellite;

 (iv) open narrowcasting television services provided with the use of a satellite; and

 Schedule 1, item 63, page 32 (line 27), omit "either or both", substitute "any or all".

 Schedule 1, item 63, page 32 (line 32), omit "and".

 Schedule 1, item 63, page 32 (after line 32), at the end of paragraph 130BB(3)(a), add:

 (iii) community television broadcasting services provided with the use of a satellite;

 (iv) open narrowcasting television services provided with the use of a satellite; and

 Schedule 1, item 63, page 33 (line 9), omit "either or both", substitute "any or all".

 Schedule 1, item 63, page 33 (after line 14), after paragraph 130BB(6)(b), insert:

 (ba) community television broadcasting services provided with the use of a satellite;

 (bb) open narrowcasting television services provided with the use of a satellite;

 Schedule 1, item 63, page 33 (after line 17), after subsection 130BB(6), insert:

   Ministerial direction

  (6A) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to:

 (a) determine technical standards under subsection (1); or

 (b) vary technical standards determined under subsection (1).

  (6B) The ACMA must comply with a direction under subsection (6A).

 Schedule 1, item 63, page 33 (before line 25), before the definition of digital mode in subsection 130BB(8), insert:

   community television broadcasting service means a community broadcasting service that provides television programs.

 Schedule 1, item 64, page 34 (lines 27 and 28), omit "must be", substitute "complies with this section if the scheme is".


 Schedule 1, item 64, page 36 (line 19), omit "14 days", substitute "15 business days".

 Schedule 1, item 64, page 38 (lines 18 to 25), omit paragraph 130ZC(1)(d), substitute:

 (d) any of the following subparagraphs applies:

 (i) the body or association gives the copy of the new scheme to the ACMA within 45 days after the first or only occasion on which a licence for the licence area is allocated under section 38C;

 (ii) the body or association gives the copy of the new scheme to the ACMA in response to an invitation under section 130ZCAA;

 (iii) the new scheme is expressed to replace another conditional access scheme registered under this section; and

 (da) the ACMA is satisfied that the new scheme complies with section 130ZB; and

 Schedule 1, item 64, page 39 (line 5), omit "28", substitute "35".

 Schedule 1, item 64, page 39 (after line 6), after section 130ZC, insert:

  

130ZCAA ACMA may invite representative body or association to develop a revised conditional access scheme

   Scope

  (1) This section applies if:

 (a) the ACMA is satisfied that a body or association represents commercial television broadcasting licensees; and

 (b) that body or association develops a conditional access scheme (the new scheme) for the licence area of a commercial television broadcasting licence allocated under section 38C; and

 (c) the body or association gives a copy of the new scheme to the ACMA; and

 (d) the body or association gives the copy of the new scheme to the ACMA within 45 days after the first or only occasion on which a licence for the licence area is allocated under section 38C;

   and either:

 (e) the ACMA is not satisfied that the new scheme complies with section 130ZB; or

 (f) the ACMA is not satisfied that the new scheme is consistent with the principle that a person in the licence area should have adequate reception of:

 (i) all of the applicable terrestrial digital commercial television broadcasting services; or

 (ii) all of the commercial television broadcasting services that the section 38C licensee is required to provide under clauses 7B and 7C of Schedule 2.

   
Invitation

  (2) The ACMA must:

 (a) by written notice given to the body or association, invite the body or association to:

 (i) develop a revised conditional access scheme for the licence area; and

 (ii) give a copy of the revised scheme to the ACMA within 30 days after the invitation is given; and

 (b) do so within 60 days after the copy of the new scheme is given to the ACMA.

 Schedule 1, item 64, page 39 (before line 7), before section 130ZCA, insert:

  

130ZCAB ACMA may request development of replacement conditional access scheme

   Scope

  (1) This section applies if:

 (a) a conditional access scheme for a licence area is registered under section 130ZC; and

 (b) the ACMA is satisfied that the scheme is not achieving one or more of the objectives set out in section 130ZB.

   Request

  (2) The ACMA may, by written notice given to the body or association that developed the scheme:

 (a) request the body or association to:

 (i) develop another conditional access scheme (the replacement scheme) that is expressed to replace the scheme registered under section 130ZC; and

 (ii) give a copy of the replacement scheme to the ACMA within the period specified in the notice; and

 (b) specify particular matters that, in the ACMA's opinion, should be addressed in the replacement scheme.

  (3) The period specified in a notice under subsection (2):

 (a) must not be shorter than 30 days after the notice is given; and

 (b) must not be longer than 60 days after the notice is given.

 Schedule 1, item 64, page 39 (lines 9 to 18), omit subsection 130ZCA(1), substitute:

   Scope

  (1) This section applies if:

 (a) the following conditions are satisfied:

 (i) a commercial television broadcasting licence is allocated under section 38C for a particular licence area;

 (ii) that is the first or only occasion on which a commercial television broadcasting licence is allocated under section 38C for the licence area;


 (iii) if the ACMA has not given an invitation under section 130ZCAA in relation to the licence area—90 days pass after the allocation of the licence, and no conditional access scheme for the licence area has been registered, or is required to be registered, under section 130ZC;

 (iv) if the ACMA has given an invitation under section 130ZCAA in relation to the licence area—60 days pass after the invitation is given, and no conditional access scheme for the licence area has been registered, or is required to be registered, under section 130ZC; or

 (b) the following conditions are satisfied:

 (i) a commercial television broadcasting licence is allocated under section 38C for a particular licence area;

 (ii) a conditional access scheme for the licence area is registered under section 130ZC;

 (iii) the ACMA gives a notice under subsection 130ZCAB(2) to a body or association in relation to the scheme;

 (iv) the body or association does not give the ACMA a copy of a replacement scheme within the period specified in the notice; or

 (c) the following conditions are satisfied:

 (i) a commercial television broadcasting licence is allocated under section 38C for a particular licence area;

 (ii) a conditional access scheme for the licence area is registered under section 130ZC;

 (iii) the ACMA gives a notice under subsection 130ZCAB(2) to a body or association in relation to the scheme;

 (iv) the body or association gives the ACMA a copy of a replacement scheme within the period specified in the notice;

 (v) 35 days pass after the copy is given to the ACMA, and the replacement scheme has not been, and is not required to be, registered under section 130ZC.

 Schedule 1, item 64, page 39 (lines 22 to 30), omit subsection 130ZCA(3), substitute:

  (3) The ACMA must not formulate a conditional access scheme unless:

 (a) the ACMA is satisfied that the scheme complies with section 130ZB; and

 (b) the ACMA is satisfied that the scheme is consistent with the principle that a person in the licence area should have adequate reception of:

 (i) all of the applicable terrestrial digital commercial television broadcasting services; or

 (ii) all of the commercial television broadcasting services that the section 38C licensee is required to provide under clauses 7B and 7C of Schedule 2.

 Schedule 1, item 64, page 42 (line 14), omit "14 days", substitute "15 business days".


 Schedule 1, item 68, page 46 (before line 3), before section 211A, insert:

  

211AA Time when a television program is broadcast—certain terrestrial licence areas

   Nomination of place

  (1) The licensee of a commercial television broadcasting licence for:

 (a) the Remote Central and Eastern Australia TV1 licence area; or

 (b) the Remote Central and Eastern Australia TV2 licence area;

   may, by written notice given to the ACMA, nominate a specified place in the licence area for the purposes of the licence.

  (2) The nomination must be expressed to be a nomination under subsection (1).

   Withdrawal of nomination

  (3) If a nomination is in force under subsection (1), the licensee may, by written notice given to the ACMA, withdraw the nomination.

  (4) The withdrawal of a nomination does not prevent the licensee from making a fresh nomination under subsection (1).

   Time when a program is broadcast

  (5) If a nomination of a place is in force under subsection (1) for the purposes of a commercial television broadcasting licence, then:

 (a) this Act; and

 (b) any program standards; and

 (c) any other instrument under this Act; and

 (d) any codes of practice registered under section 123;

   have effect, in relation to any programs broadcast on a commercial television broadcasting service provided under the licence, as if those programs had been broadcast in all parts of the licence area at the time that is legal time in the nominated place.

 Schedule 1, page 48 (after line 13), after item 71, insert:

 71A After subclause 7(4) of Schedule 2

  Insert:

  (4A) For the purposes of paragraphs (1)(k) and (m), if:

 (a) a transmitter licence was issued under section 100 of the Radiocommunications Act 1992; and

 (b) the transmitter licence authorises the operation of one or more transmitters for transmitting one or more commercial television broadcasting services in digital mode;

   ignore any transmission of those services in digital mode by those transmitters.

 71B Paragraph 7(8)(a) of Schedule 2

  After "subclause", insert "(4A),".

 Schedule 1, item 72, page 50 (line 34), omit "(d)", substitute "(c)".


 Schedule 1, item 72, page 56 (lines 5 to 15), omit clause 7D, substitute:

  

7D Condition about the provision of local news services

  (1) A licence allocated under section 38C is subject to the condition that, if a program is provided, or required to be provided, to the licensee by another licensee under subsection 43AA(1), the section 38C licensee will broadcast the program on a service authorised by paragraph 41CA(1)(c), (f) or (g) as soon as practicable after the other licensee begins to broadcast the program.

  (2) Subclause (1) does not apply if the section 38C licensee has previously broadcast the program on such a service.

  (3) Subclause (1) does not apply to a program the broadcasting of which in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:

 (a) committing an offence; or

 (b) becoming liable to a civil penalty; or

 (c) breaching an order or direction of a court; or

 (d) being in contempt of court.

 Schedule 1, page 63 (after line 12), after item 74, insert:

 74A Clause 2 of Schedule 4 (at the end of the definition of coverage area)

  Add:

   Note: For overlapping coverage areas, see clause 5J.

 Schedule 1, page 65 (after line 17), after item 87, insert:

 87A At the end of Part 1 of Schedule 4

  Add:

 

5J Overlapping coverage areas

   If:

 (a) apart from this clause, a coverage area (the first coverage area) overlaps with another coverage area; and

 (b) the last day of the simulcast period for the first coverage area is earlier than the last day of the simulcast period for the other coverage area;

   this Schedule has effect as if the area of overlap were not part of the first coverage area.

 Schedule 1, page 65 (after line 20), after item 88, insert:

 88A Subparagraph 6(3)(c)(iia) of Schedule 4

  Omit "for 8 years", substitute "until the end of 31 December 2013".


 Schedule 1, page 67 (after line 26), after item 98, insert:

 98A After clause 6B of Schedule 4

  Insert:

 

6C Digital conversion of re-transmission facilities

  (1) In addition to the policy objectives set out in subclause 6(3), Part A of the commercial television conversion scheme must be directed towards ensuring the achievement of the policy objective set out in subclause (2).

  (2) The objective is that, if:

 (a) immediately before the commencement of this clause, a self-help provider provided a service that does no more than re-transmit programs that are transmitted by a commercial television broadcasting licensee within the licence area of the licence; and

 (b) the self-help provider did so using a radiocommunications transmitter operating at a particular location under the authority of a transmitter licence held by the self-help provider; and

 (c) the sole or principal purpose of the service provided by the self-help provider was to enable persons living in a particular area to obtain or improve reception of the commercial television broadcasting service concerned; and

 (d) the commercial television broadcasting licensee notifies the ACMA before:

 (i) the 9-month period ending on the earliest applicable digital television switch-over date for the licence area; or

 (ii) if this clause commences in that 9-month period—the earliest applicable digital television switch-over date for the licence area;

  that the licensee is willing to transmit the commercial television broadcasting service, under a transmitter licence held by the commercial television broadcasting licensee, using a radiocommunications transmitter at or near that location; and

 (e) such other conditions (if any) as are specified in the scheme are satisfied;

   then:

 (f) the commercial television broadcasting licensee should be authorised, under a transmitter licence held by the licensee, to transmit the commercial television broadcasting service in digital mode using a radiocommunications transmitter at or near that location; and

 (g) if the radiocommunications transmitter mentioned in paragraph (b) is the sole radiocommunications transmitter the operation of which is authorised under the transmitter licence mentioned in that paragraph—the transmitter licence should be cancelled; and


 (h) if the radiocommunications transmitter mentioned in paragraph (b) is not the sole radiocommunications transmitter authorised by the transmitter licence mentioned in that paragraph—the transmitter licence should be varied so that it ceases to authorise the operation of the radiocommunications transmitter.

  (3) For the purposes of this clause, if:

 (a) clause 6 applies to a commercial television broadcasting licence; and

 (b) there is a simulcast period for the licence area of the licence; and

 (c) there is no local market area included in the licence area of the licence;

   the last day of the simulcast period for the licence area is the applicable digital television switch-over date for the licence area.

  (4) For the purposes of this clause, if:

 (a) clause 6 applies to a commercial television broadcasting licence; and

 (b) there is a simulcast period for the licence area of the licence; and

 (c) a local market area is included in the licence area of the licence;

   the day on which the local market area becomes a digital-only local market area is an applicable digital television switch-over date for the licence area.

 Schedule 1, page 68 (before line 9), before item 102, insert:

 101B After clause 35 of Schedule 4

  Insert:

 

35A Certain transmissions to be disregarded

   For the purposes of clauses 34 and 35, if:

 (a) a transmitter licence was issued under section 100 of the Radiocommunications Act 1992; and

 (b) the transmitter licence authorises the operation of one or more transmitters for transmitting one or more national television broadcasting services in digital mode;

   ignore any transmission of those services in digital mode by those transmitters.

 Schedule 1, item 103, page 68 (lines 15 to 17), omit the item, substitute:

 103 Paragraph 38(4)(a) of Schedule 4

  Repeal the paragraph, substitute:

 (a) a commercial television broadcasting licence is in force; and

 (aa) the licence was not allocated under section 38C; and

 103A Paragraph 38(4)(b) of Schedule 4

  Omit "core", substitute "core/primary".

 103B Subclause 38(4) of Schedule 4

  Omit ", during that period,", substitute ", before the end of the final digital television switch-over day,".


 103C Subclause 38(4) of Schedule 4

  Omit "the core", substitute "the core/primary".

 Schedule 1, item 104, page 68 (line 19), omit "or (2C)", substitute ", (2C) or (2CB)".

 Schedule 1, page 68 (after line 19), after item 104, insert:

 104A Paragraph 38(4A)(b) of Schedule 34

  Repeal the paragraph.

 104B Subclause 38(4A) of Schedule 4

  Omit ", during that period,", substitute ", before the end of the final digital television switch-over day,".

 Schedule 1, item 105, page 69 (lines 3 and 4), omit ", until the end of the last applicable terrestrial digital television switch-over date for the licence area,", substitute ", before the end of the final digital television switch-over day,".

 Schedule 1, items 106 to 108, page 69 (lines 13 to 20), omit the items, substitute:

 106 Subclause 38(5) of Schedule 4

  Repeal the subclause, substitute:

  (5) 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;

   then, before the end of the final digital television switch-over day, subclause (1) does not require the provision of a captioning service for a television program transmitted on:

 (c) a SDTV national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite; or

 (d) a HDTV national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite;

   unless:

 (e) during the simulcast period, or the simulcast-equivalent period, as the case may be, for the coverage area, the television program was previously transmitted by the national broadcaster on the national television broadcasting service that is:

 (i) provided by the national broadcaster; and

 (ii) the service to which clause 19 applies; or

 (f) after the end of the simulcast period, or the simulcast-equivalent period, as the case may be, for the coverage area, the television program was previously transmitted by the national broadcaster on the primary national television broadcasting service provided by the national broadcaster.

 Schedule 1, item 109, page 69 (lines 27 and 28), omit ", until the end of the last applicable terrestrial digital television switch-over date for the licence area that corresponds to the satellite delivery area,", substitute ", before the end of the final digital television switch-over day,".


 Schedule 1, item 110, page 70 (lines 7 to 9), omit the item, substitute:

 110 Paragraph 38(9)(a) of Schedule 4

  Repeal the paragraph, substitute:

 (a) a commercial television broadcasting licence is in force; and

 (aa) the licence was not allocated under section 38C; and

 110A Paragraph 38(9)(b) of Schedule 4

  Omit "during that period,", substitute "before the end of the final digital television switch-over day,".

 Schedule 1, item 111, page 70 (lines 15 to 17), omit "last applicable terrestrial digital television switch-over date for the licence area,", substitute "final digital television switch-over day,".

 Schedule 1, page 70 (after line 30), after item 111, insert:

 111A Paragraph 38(10)(a) of Schedule 4

  Repeal the paragraph.

 111B Paragraph 38(10)(b) of Schedule 4

  Omit "during that period, the national broadcaster", substitute "before the end of the final digital television switch-over day, a national broadcaster".

 111C Paragraph 38(10)(b) of Schedule 4

  Omit "in the coverage area", substitute "in a coverage area".

 Schedule 1, item 112, page 71 (lines 10 to 12), omit "last applicable terrestrial digital television switch-over date for the licence area that corresponds to the satellite delivery area", substitute "final digital television switch-over day".

 Schedule 1, item 115, page 71 (line 34), omit "or (2C)", substitute ", (2C) or (2CB)".

 Schedule 1, item 118, page 72 (line 12), omit "or (2C)", substitute ", (2C) or (2CB)".

 Schedule 1, item 123, page 75 (line 25), omit "or (2C)", substitute ", (2C) or (2CB)".

 Schedule 1, page 81 (after line 8), after item 132, insert:

 132A At the end of Part 8 of Schedule 4

  Add:

 

60D Review of content and captioning rules applicable to multi-channelled television broadcasting services

  (1) Before 31 December 2012, the Minister must cause to be conducted a review of the following matters:

 (a) the operation of Part 9 of this Act and clause 38 of this Schedule, in so far as those provisions apply to:

 (i) SDTV multi-channelled commercial television broadcasting services; and

 (ii) HDTV multi-channelled commercial television broadcasting services;

 (b) whether Part 9 of this Act and clause 38 of this Schedule, in so far as those provisions apply to:

 (i) SDTV multi-channelled commercial television broadcasting services; and


 (ii) HDTV multi-channelled commercial television broadcasting services;

  should be amended;

 (c) the operation of clause 38 of this Schedule, in so far as that clause applies to:

 (i) SDTV multi-channelled national television broadcasting services; and

 (ii) HDTV multi-channelled national television broadcasting services;

 (d) whether clause 38 of this Schedule, in so far as that clause applies to:

 (i) SDTV multi-channelled national television broadcasting services; and

 (ii) HDTV multi-channelled national television broadcasting services;

  should be amended.

  (2) The Minister must cause to be prepared a report of a review under subclause (1).

  (3) The Minister must cause copies of a report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.

 Schedule 1, item 141, page 83 (lines 18 to 29), omit subsection 135ZZZG(1).

 Schedule 1, item 141, page 86 (lines 20 to 23), omit subsection 135ZZZI(5), substitute:

  (5) If:

 (a) a copy of an eligible program is made for a purpose referred to in subsection (3) or (4); and

 (b) under a law of the Commonwealth, the satellite BSA licensee is required to retain the copy for a period longer than 7 days after the copy is made; and

 (c) the copy is not destroyed as soon as practicable after the end of that period;

   subsection (3) or (4), as the case requires, does not apply, and is taken never to have applied, in relation to the making of the copy.

  (5A) If:

 (a) a copy of an eligible program is made for a purpose referred to in subsection (3) or (4); and

 (b) subsection (5) does not apply; and

 (c) the copy is not destroyed within 7 days after it is made;

   subsection (3) or (4), as the case requires, does not apply, and is taken never to have applied, in relation to the making of the copy.

 Schedule 1, page 101 (after line 11), at the end of the Schedule, add:

  

Radiocommunications Act 19920

 144A Subsection 100(5)

  Before "153H", insert "102AF, 102AH or".


 144B Subsection 101B(1)

  Omit all the words from and including "may," to and including "under this section", substitute "may apply in writing to the ACMA for the issue of a transmitter licence under this section".

 144C Subsection 101B(6)

  Repeal the subsection.

 144D Subsection 101C(1)

  Omit all the words from and including "may," to and including "under this section", substitute "may apply in writing to the ACMA for the issue of a transmitter licence under this section".

 144E Subsections 101C(5) and (9)

  Repeal the subsections.

 145 Before section 102B

  Insert:

 

102AE Variation of transmitter licences—digital conversion of re-transmission facilities

  (1) If:

 (a) there is 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 a commercial television broadcasting service in digital mode in accordance with the related licence; and

 (d) under a scheme in force under clause 6 of Schedule 4 to the Broadcasting Services Act 1992, the ACMA is required to vary the transmitter licence so that the transmitter licence authorises the operation of one or more additional radiocommunications transmitters for transmitting the commercial television broadcasting service in digital mode in accordance with the related licence; and

 (e) the requirement that the ACMA vary the transmitter licence is related to the objective set out in clause 6C of Schedule 4 to the Broadcasting Services Act 1992;

   the ACMA must, by written notice to the transmitter licensee, vary the transmitter licence accordingly.

  (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.

 


102AF Variation or cancellation of transmitter licences—digital conversion of re-transmission facilities

  (1) If:

 (a) a transmitter licence is in force; and

 (b) the transmitter licence is held by a self-help provider; and

 (c) the transmitter licence authorises the operation of 2 or more specified radiocommunications transmitters for re-transmitting programs that are transmitted by a commercial television broadcasting licensee; and

 (d) under a scheme in force under clause 6 of Schedule 4 to the Broadcasting Services Act 1992, the ACMA is required to vary the transmitter licence by removing the specification of one or more, but not all, of the radiocommunications transmitters; and

 (e) the requirement that the ACMA vary the transmitter licence is related to the objective set out in clause 6C of Schedule 4 to the Broadcasting Services Act 1992;

   the ACMA must, by written notice to the transmitter licensee, vary the transmitter licence accordingly.

  (2) If:

 (a) a transmitter licence is in force; and

 (b) the transmitter licence is held by a self-help provider; and

 (c) the transmitter licence authorises the operation of a specified radiocommunications transmitter for re-transmitting programs that are transmitted by a commercial television broadcasting licensee; and

 (d) under a scheme in force under clause 6 of Schedule 4 to the Broadcasting Services Act 1992, the ACMA is required to cancel the transmitter licence; and

 (e) the requirement that the ACMA cancel the transmitter licence is related to the objective set out in clause 6C of Schedule 4 to the Broadcasting Services Act 1992;

   the ACMA must, by written notice to the transmitter licensee, cancel the transmitter licence.

  (3) In this section:

   commercial television broadcasting licensee has the same meaning as in the Broadcasting Services Act 1992 .

self-help provider has the meaning given by section 212A of the Broadcasting Services Act 1992.

 

102AG Transmitter licences—re-transmission of commercial television broadcasting services to be in digital mode

  (1) The ACMA must not issue a transmitter licence to a self-help provider that authorises the operation of one or more specified radiocommunications transmitters for re-transmitting in analog mode the programs transmitted by a commercial television broadcasting licensee in the licence area of the commercial television broadcasting licence.


  (2) Subsection (1) does not apply to the issue of a transmitter licence if the ACMA issues the transmitter licence:

 (a) by way of renewal; and

 (b) during the simulcast period, or simulcast-equivalent period, for the licence area mentioned in subsection (1).

  (3) In this section:

   analog mode has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992 .

self-help provider has the meaning given by section 212A of 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 .

 

102AH Cancellation of transmitter licences—re-transmission of commercial television broadcasting services

   Scope

  (1) This section applies if:

 (a) a transmitter licence (the analog transmitter licence) is in force; and

 (b) the analog transmitter licence is held by a self-help provider; and

 (c) the analog transmitter licence authorises the operation of one or more specified radiocommunications transmitters for re-transmitting in analog mode the programs transmitted by a commercial television broadcasting licensee in the licence area of the commercial television broadcasting licence.

   Cancellation of transmitter licence

  (2) The analog transmitter licence is cancelled at the end of the simulcast period, or the simulcast-equivalent period, for the licence area of the commercial television broadcasting licence.

   Definitions

  (3) In this section:

   analog mode has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992 .

self-help provider has the meaning given by section 212A of 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 .


Question—That the bill, as amended, be agreed to—divided, at the request of Senator Stephens, in respect of Schedule 1, items 36 to 40, 94, 96 and 113.

Question—That Schedule 1, items 36 to 40, 94, 96 and 113 stand as printed—put and negatived.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Cash) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator Stephens the report from the committee was adopted and the bill read a third time.