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Broadcasting Legislation Amendment (Digital Television) Bill 2010

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2008-2009-2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Broadcasting Legislation Amendment (Digital Television) Bill 2010

 

 

(1)     Clause 2, page 2 (at the end of the table), add:

 

3.  Schedule 2

The day after this Act receives the Royal Assent.

 

[digital dividend]

(2)     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”.

[conditional access scheme]

(3)     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.

[final digital television switch-over day]

(4)     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).

[conditional access scheme]

(5)     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.

[final digital television switch-over day]

(6)     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).

[services authorised by commercial television broadcasting licences]

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

                    (aa)  an eligible section 38A licence; or

[services authorised by commercial television broadcasting licences]

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

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

[services authorised by commercial television broadcasting licences]

(9)     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).

[services authorised by commercial television broadcasting licences]

(10)   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 .

[services authorised by commercial television broadcasting licences]

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

[material of local significance]

(12)   Schedule 1, items 36, 37, 38, 39 and 40, page 21 (line 9) to page 22 (line 9), to be opposed .

[material of local significance]

(13)   Schedule 1, item 41, page 22 (line 12), omit “ and information ”.

[local news and information programs]

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

[local news and information programs]

(15)   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

[local news and information programs]

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

[local news and information programs]

(17)   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.

[local news and information programs]

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

[local news and information programs]

(19)   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.

[local news and information programs]

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

[local news and information programs]

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

[local news and information programs]

(22)   Schedule 1, item 41, page 27 (line 17), omit “or material”.

[material of local significance]

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

[local news and information programs]

(24)   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.

[program standards]

(25)   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.

[codes of practice]

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

[technical standards]

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

[technical standards]

(28)   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.

[technical standards]

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

[technical standards]

(30)   Schedule 1, item 63, page 32 (line 21), omit “and”.

[technical standards]

(31)   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

[technical standards]

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

[technical standards]

(33)   Schedule 1, item 63, page 32 (line 32), omit “and”.

[technical standards]

(34)   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

[technical standards]

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

[technical standards]

(36)   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;

[technical standards]

(37)   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).

[technical standards]

(38)   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.

[technical standards]

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

[conditional access scheme]

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

[conditional access scheme]

(41)   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

[conditional access scheme]

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

[conditional access scheme]

(43)   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.

[conditional access scheme]

(44)   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.

[conditional access scheme]

(45)   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.

[conditional access scheme]

(46)   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.

[conditional access scheme]

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

[conditional access scheme]

(48)   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.

[time of broadcasts]

(49)   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),”.

[simulcast obligation]

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

[technical correction]

(51)   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.

[local news services]

(52)   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.

[overlapping coverage areas]

(53)   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.

[overlapping coverage areas]

(54)   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”.

[simulcast period]

(55)   Schedule 1, item 94, page 66 (lines 18 to 32), to be opposed .

[multi-channelling election]

(56)   Schedule 1, item 96, page 67 (lines 5 to 19), to be opposed .

[multi-channelling election]

(57)   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.

[digital conversion of retransmission facilities]

(58)   Schedule 1, page 68 (after line 3), after item 100, insert:

100A  After clause 9 of Schedule 4

Insert:

9A   Areas exempt from digital transmission requirements—commercial television broadcasting licensees

Areas exempt from digital transmission requirements

             (1)  If an area is an exempt digital transmission area in relation to a commercial television broadcasting licensee, the licensee is not required to comply with:

                     (a)  the commercial television conversion scheme; or

                     (b)  an implementation plan;

to the extent that the scheme or plan would require the licensee to transmit a commercial television broadcasting service in digital mode in the exempt digital transmission area.

Determination

             (2)  On application by the holder of a commercial television broadcasting licence, the Minister may, by legislative instrument, determine that, for the purposes of this clause, a specified area that is within the licence area is an exempt digital transmission area in relation to the licence.

             (3)  Before making a determination under subclause (2), the Minister must consult the ACMA.

             (4)  The Minister must not make a determination under subclause (2) that specifies an area that is within the licence area of a commercial television broadcasting licence unless, when the determination is made:

                     (a)  the specified area does not have coverage of any commercial television broadcasting service that is:

                              (i)  provided by the commercial television broadcasting licensee in the licence area; and

                             (ii)  transmitted in digital mode; and

                     (b)  the Minister is satisfied that:

                              (i)  fewer than 500 people reside in the specified area; or

                             (ii)  the specified area is an underserviced area; and

                     (c)  either:

                              (i)  commercial television broadcasting services are provided in the specified area under a commercial television broadcasting licence allocated under section 38C; or

                             (ii)  the Minister is satisfied that there are other means by which people in the specified area can view an adequate and comprehensive range of commercial television broadcasting services and national television broadcasting services.

             (5)  In considering, for the purposes of subparagraph (4)(b)(i), whether fewer than 500 people reside in a specified area, the Minister must have regard to the most recently published census count prepared by the Australian Statistician.

             (6)  For the purposes of subparagraph (4)(b)(ii), a specified area within a licence area is an underserviced area if:

                     (a)  the specified area does not have coverage of one or more commercial television broadcasting services that are:

                              (i)  provided in the licence area; and

                             (ii)  transmitted in analog mode; or

                     (b)  the specified area does not have coverage of one or more national television broadcasting services that are:

                              (i)  provided in the coverage area that corresponds to the licence area; and

                             (ii)  transmitted in analog mode.

[areas exempt from digital transmission requirements]

(59)   Schedule 1, page 68 (after line 8), after item 101, insert:

101A  After clause 21 of Schedule 4

Insert:

21A   Areas exempt from digital transmission requirements—national broadcasters

Areas exempt from digital transmission requirements

             (1)  If an area is an exempt digital transmission area in relation to a national broadcaster, the national broadcaster is not required to comply with:

                     (a)  the national television conversion scheme; or

                     (b)  an implementation plan;

to the extent that the scheme or plan would require the national broadcaster to transmit a national television broadcasting service in digital mode in the exempt digital transmission area.

Determination

             (2)  On application by a national broadcaster, the Minister may, by legislative instrument, determine that, for the purposes of this clause, a specified area that is within a coverage area is an exempt digital transmission area in relation to the national broadcaster.

             (3)  Before making a determination under subclause (2), the Minister must consult the ACMA.

             (4)  The Minister must not make a determination under subclause (2) that specifies an area that is within a coverage area unless, when the determination is made:

                     (a)  the specified area does not have coverage of any national television broadcasting service that is:

                              (i)  provided by the national broadcaster in the coverage area; and

                             (ii)  transmitted in digital mode; and

                     (b)  the Minister is satisfied that:

                              (i)  fewer than 500 people reside in the specified area; or

                             (ii)  the specified area is an underserviced area; and

                     (c)  either:

                              (i)  national television broadcasting services are provided in the coverage area with the use of a satellite; or

                             (ii)  the Minister is satisfied that there are other means by which people in the specified area can view an adequate and comprehensive range of commercial television broadcasting services and national television broadcasting services.

             (5)  In considering, for the purposes of subparagraph (4)(b)(i), whether fewer than 500 people reside in a specified area, the Minister must have regard to the most recently published census count prepared by the Australian Statistician.

             (6)  For the purposes of subparagraph (4)(b)(ii), a specified area within a coverage area is an underserviced area if:

                     (a)  the specified area does not have coverage of one or more commercial television broadcasting services that are:

                              (i)  provided in a licence area that corresponds to the coverage area; and

                             (ii)  transmitted in analog mode; or

                     (b)  the specified area does not have coverage of one or more national television broadcasting services that are:

                              (i)  provided in the coverage area; and

                             (ii)  transmitted in analog mode.

[areas exempt from digital transmission requirements]

(60)   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.

[simulcast obligations]

(61)   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”.

[captioning]

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

[captioning]

(63)   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,”.

[captioning]

(64)   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,”.

[captioning]

(65)   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.

[captioning]

(66)   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,”.

[captioning]

(67)   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,”.

[captioning]

(68)   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,”.

[captioning]

(69)   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”.

[captioning]

(70)   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”.

[captioning]

(71)   Schedule 1, item 113, page 71 (lines 23 to 27), to be opposed .

[captioning]

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

[anti-siphoning]

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

[anti-siphoning]

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

[anti-siphoning]

(75)   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.

[review]

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

[material of local significance]

(77)   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.

[copyright]

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

Radiocommunications Act 1992

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 .

[digital conversion of retransmission facilities]

(79)   Page 101 (after line 11), at the end of the Bill, add:

Schedule 2 Digital dividend

Part 1 Amendments

Broadcasting Services Act 1992

1  Subsection 6(1) (definition of broadcasting services bands )

Repeal the definition, substitute:

broadcasting services bands means:

                     (a)  that part of the radiofrequency spectrum that is designated under subsection 31(1) of the Radiocommunications Act 1992 as being primarily for broadcasting purposes; and

                     (b)  that part of the radiofrequency spectrum that is designated under subsection 31(1A) of the Radiocommunications Act 1992 as being partly for the purpose of digital radio broadcasting services and restricted datacasting services.

2  Subsection 6(1)

Insert:

digital dividend policy objectives has the meaning given by section 8AF.

3  Subsection 6(1)

Insert:

licence area plan means a licence area plan prepared under subsection 26(1) or (1B).

4  Subsection 6(1)

Insert:

special licence area plan means a licence area plan prepared under subsection 26(1B).

5  Before section 8B

Insert:

8AF   Digital dividend policy objectives

             (1)  The Minister may make a written instrument that specifies policy objectives in relation to freeing up one or more specified parts of the radiofrequency spectrum for use for purposes other than the provision of broadcasting services.

             (2)  The policy objectives specified under subsection (1) are to be known as the digital dividend policy objectives .

             (3)  The digital dividend policy objectives may include:

                     (a)  the objective that there should be a future variation of a designation under subsection 31(1) of the Radiocommunications Act 1992 so as to excise the relevant parts of the radiofrequency spectrum from the broadcasting services bands; and

                     (b)  the objective that there should be a reorganisation, over time, of channels used for the provision of the following services:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  such other broadcasting services (if any) as are specified in the objective.

             (4)  Different broadcasting services may be specified under subparagraph (3)(b)(iii) for different areas.

             (5)  Subsection (3) does not limit subsection (1).

             (6)  The Minister must give a copy of the digital dividend policy objectives to the ACMA.

             (7)  An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

Certificate of achievement of digital dividend policy objectives

             (8)  The Minister may issue a written certificate stating that, in the Minister’s opinion, the digital dividend policy objectives have been achieved in a specified area.

             (9)  A certificate issued under subsection (8) is not a legislative instrument.

6  Subsection 26(1A)

After “plan” (first occurring), insert “prepared under subsection (1)”.

7  After subsection 26(1A)

Insert:

Special licence area plans

          (1B)  The ACMA may, by legislative instrument, prepare licence area plans that:

                     (a)  specify the channels that, under the relevant frequency allotment plan, are to be available in particular areas of Australia to provide the following services:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  other television broadcasting services;

                            with the use of the broadcasting services bands; and

                     (b)  allot, or empower the ACMA to allot, those channels to:

                              (i)  particular commercial television broadcasting licensees; or

                             (ii)  particular national broadcasters; or

                            (iii)  particular providers of television broadcasting services (other than commercial television broadcasting licensees or national broadcasters);

                            as the case requires; and

                     (c)  determine the characteristics, including technical specifications, of the transmission of each of the following services:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  other television broadcasting services;

                            using those channels; and

                     (d)  set out any technical limitations on the use of a particular channel that the ACMA believes should be shown in the plan; and

                     (e)  set out whether the use of a particular channel depends on any event or circumstances described in the plan.

          (1C)  A licence area plan prepared under subsection (1B) is to be known as a special licence area plan .

          (1D)  A special licence area plan may allot, or empower the ACMA to allot, different channels to:

                     (a)  a particular commercial television broadcasting licensee; or

                     (b)  a particular national broadcaster; or

                     (c)  a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster);

for different periods.

          (1E)  A special licence area plan may allot, or empower the ACMA to allot, 2 or more channels to:

                     (a)  a particular commercial television broadcasting licensee; or

                     (b)  a particular national broadcaster; or

                     (c)  a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster).

           (1F)  A special licence area plan must be consistent with the relevant frequency allotment plan.

          (1G)  A special licence area plan does not need to identify a particular television broadcasting service by name.

          (1H)  When the special licence area plan for a particular area comes into force, subsection (1) ceases to apply to:

                     (a)  commercial television broadcasting services; and

                     (b)  national television broadcasting services; and

                     (c)  other television broadcasting services;

provided in the area.

           (1J)  The special licence area plan for an area that is the licence area of a commercial television broadcasting licence must:

                     (a)  not come into force before the end of the simulcast period, or the simulcast-equivalent period, for the area; and

                     (b)  come into force before the designated re-stack day for the area; and

                     (c)  be directed towards ensuring that the relevant digital dividend policy objectives are achieved before the designated re-stack day for the area.

          (1K)  For the purposes of this section, the designated re-stack day for an area is:

                     (a)  31 December 2014; or

                     (b)  if the Minister, by writing, specifies a later day for the area—that later day.

          (1L)  The Minister must not specify a day under paragraph (1K)(b) unless the Minister is satisfied that:

                     (a)  a failure to specify the day would be likely to result in significant difficulties of a technical or engineering nature for:

                              (i)  a commercial television broadcasting licensee; or

                             (ii)  a national broadcaster; or

                            (iii)  a provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster); and

                     (b)  those difficulties could not reasonably have been foreseen by the licensee or the national broadcaster, as the case requires.

         (1M)  Before making an instrument under paragraph (1K)(b), the Minister must consult the ACMA.

Note:       The following heading to subsection 26(2) is inserted “ Variation ”.

8  At the end of section 26

Add:

Digital dividend policy objectives etc.

             (7)  In:

                     (a)  preparing a special licence area plan; or

                     (b)  varying a special licence area plan;

the ACMA must have regard to:

                     (c)  the digital dividend policy objectives; and

                     (d)  such other matters (if any) as the ACMA considers relevant.

             (8)  Paragraph (7)(c) does not apply to the variation of a special licence area plan for a particular area if a certificate is in force under subsection 8AF(8) in relation to that area.

             (9)  Section 23 does not apply to:

                     (a)  preparing a special licence area plan; or

                     (b)  varying a special licence area plan;

if the sole or primary purpose of preparing or varying the plan is to facilitate any or all of the digital dividend policy objectives.

Ministerial direction

           (10)  The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to make or vary special licence area plans.

           (11)  A direction under subsection (10) must be of a general nature only.

           (12)  The ACMA must comply with a direction under subsection (10).

Legislative instrument

           (13)  An instrument under paragraph (1K)(b) is not a legislative instrument.

Definitions

           (14)  In this section:

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.

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

Note:          For designation of licence areas, see section 29.

9  Subsection 26A(2)

Repeal the subsection.

10  Subsection 26A(3)

Insert:

relevant licence area plan means the relevant licence area plan prepared under subsection 26(1).

11  After section 26A

Insert:

26AA   Compliance with special licence area plan

             (1)  If:

                     (a)  a special licence area plan is applicable to the transmission of one or more commercial television broadcasting services in a particular area; and

                     (b)  those services are provided under a particular commercial television broadcasting licence;

the licensee must not transmit any of those commercial television broadcasting services in that area otherwise than in accordance with the special licence area plan.

             (2)  If:

                     (a)  a special licence area plan is applicable to the transmission of one or more national television broadcasting services in a particular area; and

                     (b)  those services are provided by a particular national broadcaster;

the national broadcaster must not transmit any of those national television broadcasting services in that area otherwise than in accordance with the special licence area plan.

             (3)  If:

                     (a)  a special licence area plan is applicable to the transmission of one or more television broadcasting services in a particular area; and

                     (b)  those services are not provided:

                              (i)  under a commercial television broadcasting licence; or

                             (ii)  by a national broadcaster;

the provider of those television broadcasting services must not transmit any of those services in that area otherwise than in accordance with the special licence area plan.

             (4)  In this section:

national television broadcasting service has the same meaning as in Schedule 4.

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

12  Subsection 26B(2)

Repeal the subsection.

13  Subsection 26B(3)

Insert:

licence area plan means a licence area plan prepared under subsection 26(1).

14  After subsection 27(1)

Insert:

          (1A)  Subsection (1) does not apply to:

                     (a)  preparing a special licence area plan; or

                     (b)  varying a special licence area plan;

if the sole or primary purpose of preparing or varying the plan is to facilitate any or all of the digital dividend policy objectives.

          (1B)  If the sole or primary purpose of:

                     (a)  preparing a special licence area plan; or

                     (b)  varying a special licence area plan;

is to facilitate any or all of the digital dividend policy objectives, then, in preparing or varying the plan, as the case may be, the ACMA must make provision for consultation with:

                     (c)  commercial television broadcasting licensees who are likely to be affected by the preparation or variation of the plan; and

                     (d)  national broadcasters; and

                     (e)  community television broadcasting licensees who are likely to be affected by the preparation or variation of the plan; and

                      (f)  such other persons (if any) as the ACMA considers appropriate.

15  Subsection 29(1)

Omit “section 26”, substitute “whichever of subsection 26(1) or (1B) is applicable”.

16  Section 205PA

After:

•      The Federal Court may grant injunctions in relation to contraventions of subsection 121FG(3) or section 136A, 136B, 136C, 136D or 136E or subclause 49(3) of Schedule 6 (which deal with the provision of unlicensed services).

Insert:

•      The Federal Court may also grant injunctions in relation to contraventions of section 26AA (which deals with special licence area plans).

17  Section 205Q

Before “61AH”, insert “26AA,”.

18  At the end of subclause 7(1) of Schedule 2

Add:

                    ; (s)  if a special licence area plan applies to the licence area—the licensee will comply with subsection 26AA(1).

19  At the end of subclause 9(1) of Schedule 2

Add:

                   ; (k)  if a special licence area plan applies to the licence area—the licensee will comply with subsection 26AA(3).

20  After subclause 6(1) of Schedule 4

Insert:

          (1A)  The commercial television conversion scheme must also make provision for the purposes of facilitating the digital dividend policy objectives, to the extent to which those objectives affect holders of commercial television broadcasting licences.

21  Paragraph 6(3)(ha) of Schedule 4

Repeal the paragraph, substitute:

                   (ha)  the objective that, if the special licence area plan for a licence area comes into force immediately after the end of the simulcast period for that area, each holder of a commercial television broadcasting licence for that area is to transmit the commercial television broadcasting service concerned in digital mode in that area after the end of the simulcast period using such channel or channels as are allotted under the special licence area plan for that area;

                   (hb)  the objective that, if the special licence area plan for a licence area does not come into force immediately after the end of the simulcast period for that area, each holder of a commercial television broadcasting licence for that area is to transmit the commercial television broadcasting service concerned in digital mode in that area during the period:

                              (i)  beginning at the end of the simulcast period; and

                             (ii)  ending immediately before the special licence area plan comes into force;

                            using such channel or channels as the ACMA allots under the scheme or a digital channel plan, having regard to:

                            (iii)  the need to plan the most efficient use of the spectrum; and

                            (iv)  the other relevant policy objectives of the scheme;

                   (hc)  the objective that, if the special licence area plan for a licence area does not come into force immediately after the end of the simulcast period for that area, each holder of a commercial television broadcasting licence for that area is to transmit the commercial television broadcasting service concerned in digital mode in that area after the special licence area plan comes into force using such channel or channels as are allotted under the special licence area plan for that area;

22  Paragraphs 6(5A)(e) and (5AA)(e) of Schedule 4

Omit “and (ha)”, substitute “, (ha), (hb) and (hc)”.

23  Paragraph 6(5B)(c) of Schedule 4

Repeal the paragraph, substitute:

                     (c)  the objective that, if the special licence area plan for that area comes into force immediately after the end of the simulcast period for the licence area, the holder is to transmit the commercial television broadcasting services provided under the commercial television broadcasting licences referred to in whichever of paragraph (5A)(a) or (5AA)(a) is applicable in digital mode in that area after the end of the simulcast period using multi-channelling transmission capacity of a channel or channels allotted under the special licence area plan for the licence area;

                     (d)  the objective that, if the special licence area plan for the licence area does not come into force immediately after the end of the simulcast period for the licence area, the holder is to transmit the commercial television broadcasting services provided under the commercial television broadcasting licences referred to in whichever of paragraph (5A)(a) or (5AA)(a) is applicable in digital mode in that area during the period:

                              (i)  beginning at the end of the simulcast period; and

                             (ii)  ending immediately before the special licence area plan comes into force;

                            using multi-channelling transmission capacity of a channel or channels allotted by the ACMA under the scheme or a digital channel plan, having regard to:

                            (iii)  the need to plan the most efficient use of the spectrum; and

                            (iv)  the other relevant policy objectives of the scheme;

                     (e)  the objective that, if the special licence area plan for the licence area does not come into force immediately after the end of the simulcast period for the licence area, the holder is to transmit the commercial television broadcasting services provided under the commercial television broadcasting licences referred to in whichever of paragraph (5A)(a) or (5AA)(a) is applicable in digital mode in that area after the special licence area plan comes into force using multi-channelling transmission capacity of a channel or channels allotted under the special licence area plan for that area.

24  Subclause 6(5D) of Schedule 4

Omit “(3)(ha) and (n) and (5B)(c)”, substitute “(3)(hb) and (n) and (5B)(d)”.

25  After clause 7A of Schedule 4

Insert:

7AA   Allotment of channels after the special licence area plan comes into force

             (1)  A digital channel plan, to the extent to which it relates to a particular licence area, ceases to have effect when the special licence area plan for that area comes into force.

             (2)  The commercial television conversion scheme, to the extent to which it allots channels for a particular licence area, ceases to have effect when the special licence area plan for that area comes into force.

26  Subclause 8(4) of Schedule 4

Repeal the subclause.

27  After subclause 19(1) of Schedule 4

Insert:

          (1A)  The national television conversion scheme must also make provision for the purposes of facilitating the digital dividend policy objectives, to the extent to which those objectives affect national broadcasters.

28  Paragraph 19(3)(ha) of Schedule 4

Repeal the paragraph, substitute:

                   (ha)  the objective that, if the special licence area plan for the licence area that corresponds to a coverage area comes into force immediately after the end of the simulcast period for that coverage area, each national broadcaster is to transmit the national television broadcasting service concerned in digital mode in that coverage area after the end of the simulcast period using such channel or channels as are allotted under the special licence area plan for that licence area;

                   (hb)  the objective that, if the special licence area plan for the licence area that corresponds to a coverage area does not begin immediately after the end of the simulcast period for that coverage area, each national broadcaster is to transmit the national television broadcasting service concerned in digital mode in that coverage area during the period:

                              (i)  beginning at the end of the simulcast period; and

                             (ii)  ending immediately before the special licence area plan comes into force;

                            using such channel or channels as the ACMA allots under the scheme or a digital channel plan, having regard to:

                            (iii)  the need to plan the most efficient use of the spectrum; and

                            (iv)  the other relevant policy objectives of the scheme;

                   (hc)  the objective that, if the special licence area plan for the licence area that corresponds to a coverage area does not come into force immediately after the end of the simulcast period for that coverage area, each national broadcaster is to transmit the national television broadcasting service concerned in digital mode in that coverage area after the special licence area plan comes into force using such channel or channels as are allotted under the special licence area plan for that licence area;

29  Subclause 19(5A) of Schedule 4

Omit “(3)(ha)”, substitute “(3)(hb)”.

30  After clause 22A of Schedule 4

Insert:

22AA   Allotment of channels after the special licence area plan comes into force

             (1)  A digital channel plan, to the extent to which it relates to a particular coverage area, ceases to have effect when the special licence area plan for the licence area that corresponds to the coverage area comes into force.

             (2)  The national television conversion scheme, to the extent to which it allots channels for a particular coverage area, ceases to have effect when the special licence area plan for the licence area that corresponds to the coverage area comes into force.

31  Subclause 23(4) of Schedule 4

Repeal the subclause.

Radiocommunications Act 1992

32  Section 5

Insert:

BSA coverage area means coverage area within the meaning of Schedule 4 to the Broadcasting Services Act 1992 .

33  Section 5

Insert:

BSA special licence area plan means a special licence area plan within the meaning of the Broadcasting Services Act 1992 .

34  Section 5

Insert:

digital dividend policy objectives has the same meaning as in the Broadcasting Services Act 1992 .

35  After subsection 31(1)

Insert:

       (1AA)  The Minister may, by written instrument, vary a subsection (1) designation so as to enlarge or reduce the part of the spectrum covered by the designation.

36  After subsection 31(1B)

Insert:

       (1BA)  The Minister may, by written instrument, vary a subsection (1A) designation so as to enlarge or reduce the part of the spectrum covered by the designation.

37  Subsection 31(7)

After “(1),”, insert “(1AA),”.

38  Subsection 31(7)

After “(1A),”, insert “(1BA),”.

39  After subsection 32(2)

Insert:

          (2A)  The rule in subsection (2) does not apply if the ACMA is satisfied that the inconsistency would be likely to facilitate any or all of the digital dividend policy objectives.

40  Subsection 100(5)

After “section”, insert “100B, 102A,”.

41  After section 100

Insert:

100AA   NBS transmitter licences—authorised channels

             (1)  If:

                     (a)  an NBS transmitter licence was issued under section 100; and

                     (b)  the licence is in force immediately before the end of the simulcast period, or the simulcast-equivalent period, for a BSA coverage area; and

                     (c)  the licence authorises the operation of one or more radiocommunications transmitters for transmitting one or more national television broadcasting services in that coverage area;

then, after the end of that period, the licence authorises the operation of the transmitter or transmitters concerned for transmitting those services in digital mode in that BSA coverage area using the channel or channels allotted to the national broadcaster concerned under:

                     (d)  if a BSA special licence area plan is in force for the BSA television licence area that corresponds to that BSA coverage area—the BSA special licence area plan; or

                     (e)  otherwise—the national television conversion scheme or a digital channel plan.

             (2)  If:

                     (a)  an NBS transmitter licence is issued under section 100 when a BSA special licence area plan for the BSA television licence area that corresponds to a coverage area is in force; and

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

the licence authorises the operation of the transmitter or transmitters concerned for transmitting those services in digital mode in that area using the channel or channels allotted to the national broadcaster concerned under the BSA special licence area plan for that BSA television licence area.

             (3)  If:

                     (a)  an NBS transmitter licence is issued under section 100 when no BSA special licence area plan for the BSA television licence area that corresponds to a coverage area is in force; and

                     (b)  subsection (1) does not apply; and

                     (c)  the licence authorises the operation of one or more radiocommunications transmitters for transmitting one or more national television broadcasting services in digital mode in that coverage area;

the licence authorises the operation of the transmitter or transmitters concerned for transmitting those services in digital mode in that area using the channel or channels allotted to the national broadcaster concerned under the national television conversion scheme or a digital channel plan.

             (4)  In this section:

BSA television licence area means a BSA licence area for a commercial television broadcasting licence.

digital channel plan means a digital channel plan covered by clause 22A of Schedule 4 to the Broadcasting Services Act 1992 .

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

national television conversion scheme has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

NBS transmitter licence means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service.

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 .

42  After subsection 100B(2B)

Insert:

          (2C)  If:

                     (a)  an NBS transmitter licence issued under this section is in force immediately before the end of the simulcast period, or the simulcast-equivalent period, for a BSA coverage area; and

                     (b)  the licence authorised the operation of one or more radiocommunications transmitters for transmitting one or more national television broadcasting services in digital mode in that area;

the licence is cancelled at the end of that period.

43  Subsection 100B(3)

Insert:

simulcast-equivalent period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

44  Subsection 100B(3)

Insert:

simulcast period has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

45  At the end of section 102A

Add:

             (6)  If:

                     (a)  a transmitter licence issued under this section is in force immediately before the end of the simulcast period, or the simulcast-equivalent period, for a BSA licence area; and

                     (b)  the licence authorised the operation of one or more radiocommunications transmitters for transmitting one or more commercial television broadcasting services in digital mode in that area;

the licence is cancelled at the end of that period.

             (7)  In this section:

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

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 .

46  Subsection 102AC(1)

Repeal the subsection, substitute:

             (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 radiocommunications transmitters for transmitting one or more commercial television broadcasting services in accordance with the related licence;

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:

                      (f)  if a BSA special licence area plan is in force for the licence area—the channel or channels allotted to the licensee of the related licence under the BSA special licence area plan; or

                     (g)  otherwise—the channel or channels allotted to the licensee of the related licence under the commercial television conversion scheme or a digital channel plan.

Note:       The heading to section 102AC is altered by inserting “ issued before the end of the simulcast period etc. ” after “ licences ”.

47  Subsection 102AC(2)

Insert:

commercial television conversion scheme has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

48  Subsection 102AC(2)

Insert:

digital channel plan means a digital channel plan covered by clause 7A of Schedule 4 to the Broadcasting Services Act 1992 .

49  After section 102AC

Insert:

102AD   Transmitter licences issued after the end of the simulcast period etc.—authorised channels

             (1)  If:

                     (a)  a transmitter licence is issued under section 102 after 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)  the transmitter licence authorises the operation of one or more radiocommunications transmitters for transmitting one or more commercial television broadcasting services in accordance with the related licence;

the transmitter licence authorises the operation of the transmitter or transmitters concerned for transmitting those services in digital mode in accordance with the related licence, using:

                     (d)  if a BSA special licence area plan is in force for the licence area—the channel or channels allotted to the licensee of the related licence under the BSA special licence area plan; or

                     (e)  otherwise—the channel or channels allotted to the licensee of the related licence under the commercial television conversion scheme or a digital channel plan.

             (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.

commercial television conversion scheme has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .

digital channel plan means a digital channel plan covered by clause 7A of Schedule 4 to the Broadcasting Services Act 1992 .

50  Paragraph 109(1)(d)

Omit “a condition”, substitute “if subsection 26(1) of the Broadcasting Services Act 1992 applies—a condition”.

51  Paragraph 109(1)(d)

Omit “by the ACMA under subsection 26(1) of the Broadcasting Services Act 1992 ”, substitute “by the ACMA under that subsection”.

52  After paragraph 109(1)(d)

Insert:

                   (da)  if a BSA special licence area plan is applicable to the transmission of one or more television broadcasting services under the authority of the licence—a condition that the licensee, and any person so authorised, must not operate, or permit operation of, such a transmitter otherwise than in accordance with any relevant technical specifications determined under the plan;

53  At the end of section 109

Add:

             (3)  In this section:

television broadcasting service has the same meaning as in section 26 of the Broadcasting Services Act 1992 .

54  After paragraph 153P(2)(da)

Insert:

                   (db)  both:

                              (i)  the licence is a transmitter licence that authorises the operation of one or more radiocommunications transmitters for transmitting one or more broadcasting services (within the meaning of the Broadcasting Services Act 1992 ) in digital mode in a BSA licence area; and

                             (ii)  the transmitter licence is issued during the interim period worked out in relation to the BSA licence area under subsection (4); or

55  At the end of section 153P

Add:

             (4)  For the purposes of the application of paragraph (2)(db) to a BSA licence area, the interim period is the period:

                     (a)  beginning at the commencement of this subsection; and

                     (b)  ending at the start of the designated re-stack day (within the meaning of section 26 of the Broadcasting Services Act 1992 ) for the BSA licence area.

Part 2 Transitional provisions

56  Commercial television conversion scheme

(1)       This item applies to the commercial television conversion scheme that was in force under Schedule 4 to the Broadcasting Services Act 1992 immediately before the commencement of this item.

(2)       The amendments of Schedule 4 to the Broadcasting Services Act 1992 made by this Schedule do not affect the continuity of the scheme.

(3)       However, the Parliament intends that the ACMA should, within 90 days after the commencement of this item, take action under Schedule 4 to the Broadcasting Services Act 1992 directed towards ensuring compliance with that Schedule as amended by this Schedule.

(4)       Subitem (2) does not apply to subclause 7AA(2) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

57  National television conversion scheme

(1)       This item applies to the national television conversion scheme that was in force under Schedule 4 to the Broadcasting Services Act 1992 immediately before the commencement of this item.

(2)       The amendments of Schedule 4 to the Broadcasting Services Act 1992 made by this Schedule do not affect the continuity of the scheme.

(3)       However, the Parliament intends that the ACMA should, within 90 days after the commencement of this item, take action under Schedule 4 to the Broadcasting Services Act 1992 directed towards ensuring compliance with that Schedule as amended by this Schedule.

(4)       Subitem (2) does not apply to subclause 22AA(2) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

58  Digital channel plan made under the commercial television conversion scheme

(1)       This item applies to a digital channel plan that was in force under the commercial television conversion scheme immediately before the commencement of this item.

(2)       The amendments of Schedule 4 to the Broadcasting Services Act 1992 made by this Schedule do not affect the continuity of the plan.

(3)       Subitem (2) does not apply to subclause 7AA(1) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

59  Digital channel plan made under the national television conversion scheme

(1)       This item applies to a digital channel plan that was in force under the national television conversion scheme immediately before the commencement of this item.

(2)       The amendments of Schedule 4 to the Broadcasting Services Act 1992 made by this Schedule do not affect the continuity of the plan.

(3)       Subitem (2) does not apply to subclause 22AA(1) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

60  Variation of commercial television conversion scheme

(1)       This item applies to a variation by the ACMA of the commercial 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 90 days after the commencement of this item.

(2)       Clause 18 of Schedule 4 to the Broadcasting Services Act 1992 does not apply to the variation.

(3)       The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s website for a period of at least 5 business days.

61  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 90 days after the commencement of this item.

(2)       Clauses 32 and 33 of Schedule 4 to the Broadcasting Services Act 1992 do not apply to the variation.

(3)       The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s website for a period of at least 5 business days.

[digital dividend]