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Broadcasting Services Amendment (Improved Access to Television Services) Bill 2012

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2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Broadcasting Services Amendment (Improved Access to Television Services) Bill 2012

 

 

(1)     Schedule 1, item 2, page 7 (after line 23), at the end of section 130ZL, add:

             (3)  For the purposes of the application of this Part to programs transmitted on or after 1 July 2014, if a captioned program begins before midnight and ends on the next day, the part of the program broadcast after midnight is taken to have been broadcast during designated viewing hours.

[designated viewing hours]

(2)     Schedule 1, item 2, page 8 (after line 7), after subsection 130ZN, insert:

130ZNA  This Part does not apply to programming supplied by an international pass-through provider

             (1)  This Part does not apply to a subscription television service that consists wholly or primarily of programming provided by an international pass-through provider.

             (2)  An international pass-through provider, in relation to a subscription television service provided by a licensee, is a person who makes available a channel or service to that licensee where that channel or service has been compiled and played out at a location outside of Australia.

[programming provided by an international pass-through provider]

(3)     Schedule 1, item 2, page 27 (after line 8), at the end of section 130ZUB, add:

             (3)  If:

                     (a)  apart from this subsection, a commercial television broadcasting licensee or national broadcaster has breached a provision of this Division; and

                     (b)  in doing so, has acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused;

then the breach is to be disregarded in determining whether the licensee or broadcaster has complied with the provision.

[certain breaches to be disregarded]

(4)     Schedule 1, item 2, page 43 (line 35), before “If”, insert “(1)”.

[certain breaches to be disregarded]

(5)     Schedule 1, item 2, page 44 (after line 8), at the end of section 130ZZAB, add:

             (2)  If:

                     (a)  apart from this subsection, a subscription television licensee has breached a provision of this Division; and

                     (b)  in doing so, has acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused;

then the breach is to be disregarded in determining whether the licensee has complied with the provision.

[certain breaches to be disregarded]

(6)     Schedule 1, item 2, page 46 (line 30), omit “, 4”.

[annual compliance reports]

(7)     Schedule 1, item 2, page 47 (line 6), omit “, 4”.

[annual compliance reports]

(8)     Schedule 1, item 2, page 47 (line 15), omit “, 4”.

[annual compliance reports]

(9)     Schedule 1, item 2, page 49 (line 13), omit “, 4”.

[annual compliance reports]

(10)   Schedule 1, item 2, page 49 (line 17), omit “, 4”.

[annual compliance reports]