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Broadcasting Legislation Amendment (Digital Television) Bill 2006

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2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Broadcasting Legislation Amendment (Digital Television) Bill 2006

 

 

(1)     Clause 2, page 2 (after table item 3), insert:

3A.  Schedule 2A

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

[codes and standards]

(2)     Schedule 2, page 10 (before line 6), before item 1, insert:

1A  Subsection 6(1)

Insert:

channel B datacasting transmitter licence has the same meaning as in the Radiocommunications Act 1992 , and includes an authorisation under section 114 of that Act by the licensee of such a licence.

[datacasting transmitter licences]

(3)     Schedule 2, page 10 (after line 24), after item 3, insert:

3A  Subsection 6(1)

Insert:

domestic digital television receiver has the same meaning as in the Radiocommunications Act 1992 .

[datacasting transmitter licences]

(4)     Schedule 2, page 17 (after line 11), after item 16, insert:

16A  After section 51

Insert:

51A   This Part does not apply to certain channel B datacasting transmitter licences

                   This Part does not apply to a channel B datacasting transmitter licence unless the relevant transmitter, or any of the relevant transmitters, is operated for transmitting a datacasting service that is capable of being received by a domestic digital television receiver.

[datacasting transmitter licences]

(5)     Schedule 2, page 18 (after line 24), after item 23, insert:

23A  After subsection 212(2A)

Insert:

          (2B)  The rule in subsection (2) does not prevent an action, suit or proceeding against a person under the Radiocommunications Act 1992 in relation to a breach of any of the conditions of a datacasting transmitter licence.

          (2C)  The Minister may give the ACMA a written direction about the exercise of the power conferred by subparagraph (1)(b)(ii).

[datacasting transmitter licences]

(6)     Schedule 2, page 40 (after line 14), after item 88, insert:

88A  At the end of clause 41 of Schedule 6

Add:

             (3)  Subclauses (1) and (2) do not apply to a channel B datacasting transmitter licence unless the relevant transmitter, or any of the relevant transmitters, is operated for transmitting a datacasting service that is capable of being received by a domestic digital television receiver.

[datacasting transmitter licences]

(7)     Schedule 2, page 40 (before line 16), before item 89, insert:

88B  Section 5

Insert:

BSA exempt re-transmission service means a service that, under subsection 212(1) of the Broadcasting Services Act 1992 , is exempt from the regulatory regime established by that Act.

88C  Section 5

Insert:

channel A datacasting transmitter licence has the meaning given by section 98A.

88D  Section 5

Insert:

channel B datacasting transmitter licence has the meaning given by section 98B.

88E  Section 5

Insert:

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

88F  Section 5

Insert:

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

88G  Section 5

Insert:

community television broadcasting service has the same meaning as in the Broadcasting Services Act 1992 .

88H  Section 5

Insert:

domestic digital television receiver means domestic reception equipment that:

                     (a)  is not a hand-held device; and

                     (b)  is capable of receiving television programs transmitted in:

                              (i)  SDTV digital mode; or

                             (ii)  HDTV digital mode; and

                     (c)  has such other characteristics (if any) as are specified in a legislative instrument made by the ACMA under this paragraph.

For the purposes of paragraph (b), disregard clause 6 of Schedule 6 to the Broadcasting Services Act 1992 .

88J  Section 5

Insert:

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

88K  Section 5

Insert:

national broadcaster has the same meaning as in the Broadcasting Services Act 1992 .

88L  Section 5

Insert:

open narrowcasting television service has the same meaning as in the Broadcasting Services Act 1992 .

88M  Section 5

Insert:

subscription television broadcasting service has the same meaning as in the Broadcasting Services Act 1992 .

88N  At the end of Division 1 of Part 3.3 of Chapter 3

Add:

98A   Channel A datacasting transmitter licence

             (1)  The ACMA may, by writing, declare that a specified datacasting transmitter licence proposed to be issued is a channel A datacasting transmitter licence for the purposes of this Act.

             (2)  If such a datacasting transmitter licence is issued, the licence is a channel A datacasting transmitter licence for the purposes of this Act.

             (3)  A declaration under subsection (1) is not a legislative instrument.

             (4)  A copy of a declaration under subsection (1) is to be made available on the ACMA’s Internet site.

98B   Channel B datacasting transmitter licence

             (1)  The ACMA may, by writing, declare that a specified datacasting transmitter licence proposed to be issued is a channel B datacasting transmitter licence for the purposes of this Act.

             (2)  If such a datacasting transmitter licence is issued, the licence is a channel B datacasting transmitter licence for the purposes of this Act.

             (3)  A declaration under subsection (1) is not a legislative instrument.

             (4)  A copy of a declaration under subsection (1) is to be made available on the ACMA’s Internet site.

[datacasting transmitter licences]

(8)     Schedule 2, page 42 (after line 24), after item 92, insert:

92F  After subsection 106(5)

Insert:

          (5A)  A system so determined must provide that a person is not eligible to apply for a channel A datacasting transmitter licence unless the person meets specified requirements.

92G  Subsection 106(7)

After “(5),”, insert “(5A),”.

92H  After subsection 106(9)

Insert:

          (9A)  The Minister may give written directions to the ACMA in relation to the exercise of the power conferred by subsection (5A).

92J  Subsection 106(10)

After “(9)”, insert “or (9A)”.

92K  At the end of subsection 106(11)

Add “or (9A)”.

92L  Paragraph 109A(1)(g)

Before “a condition”, insert “if the licence is neither a channel A datacasting transmitter licence nor a channel B datacasting transmitter licence—”.

92M  Paragraph 109A(1)(ga)

Repeal the paragraph, substitute:

                    (ga)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, or a person so authorised, will commence to transmit a datacasting service within 18 months after the allocation of the licence or within such longer period as is notified in writing by the ACMA;

92N  Paragraph 109A(1)(h)

Repeal the paragraph.

92P  At the end of paragraph 109A(1)(i)

Add:

                       or (iii)  that service is a BSA exempt re-transmission service;

92Q  After paragraph 109A(1)(i)

Insert:

                    (ia)  if the licence is a channel A datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service unless:

                              (i)  the service is provided under, and in accordance with the conditions of, a BSA datacasting licence, and the service is capable of being received by a domestic digital television receiver; or

                             (ii)  the service is an open narrowcasting television service that is capable of being received by a domestic digital television receiver; or

                            (iii)  the service is a community television broadcasting service that is capable of being received by a domestic digital television receiver;

                    (ib)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service if the datacasting service is:

                              (i)  a commercial broadcasting service; or

                             (ii)  a subscription television broadcasting service that is capable of being received by a domestic digital television receiver;

                    (ic)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service if the licensee or the person so authorised is:

                              (i)  a company that holds a commercial television broadcasting licence; or

                             (ii)  a person who is in a position to exercise control of a commercial television broadcasting licence; or

                            (iii)  a company, where a person is in a position to exercise control of the company and a commercial television broadcasting licence; or

                            (iv)  a national broadcaster; or

                             (v)  a company, where a national broadcaster is in a position to exercise control of the company;

                            and the datacasting service is capable of being received by a domestic digital television receiver;

                    (id)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service provided under a BSA datacasting licence if the holder of the BSA datacasting licence is:

                              (i)  a company that holds a commercial television broadcasting licence; or

                             (ii)  a person who is in a position to exercise control of a commercial television broadcasting licence; or

                            (iii)  a company, where a person is in a position to exercise control of the company and a commercial television broadcasting licence; or

                            (iv)  a national broadcaster; or

                             (v)  a company, where a national broadcaster is in a position to exercise control of the company;

                            and the datacasting service is capable of being received by a domestic digital television receiver;

                    (ie)  if the licence is a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service if:

                              (i)  the service is a BSA exempt re-transmission service; and

                             (ii)  the service is capable of being received by a domestic digital television receiver;

                     (if)  if the licence is a channel A datacasting transmitter licence or a channel B datacasting transmitter licence—a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter for transmitting a datacasting service unless that service is transmitted in digital mode (within the meaning of Schedule 4 to the Broadcasting Services Act 1992 );

92R  Subsection 109A(1A)

After “(1)(g)”, insert “or (ga)”.

92S  Subsection 109A(1B)

Repeal the subsection, substitute:

          (1B)  For the purposes of subparagraph (1)(ib)(ii), it is immaterial whether a domestic digital television receiver is capable of receiving subscription television broadcasting services when used:

                     (a)  in isolation; or

                     (b)  in conjunction with any other equipment.

          (1C)  A condition specified in a licence under paragraph (1)(k) may deal with the commencement or continuity of transmission of datacasting services.

          (1D)  Subsection (1C) does not limit paragraph (1)(k).

          (1E)  Paragraphs (1)(g) and (ga) do not limit subsection (1C).

92T  Subsection 109A(4)

After “subparagraphs”, insert “(1)(ic)(ii),(iii) and (v), (1)(id)(ii),(iii) and (v),”.

92U  At the end of section 109A

Add:

             (5)  Subsections (2) and (3) do not apply to a channel B datacasting transmitter licence unless the relevant transmitter, or any of the relevant transmitters, is operated for transmitting a datacasting service that is capable of being received by a domestic digital television receiver.

Ministerial directions

             (6)  The Minister may give the ACMA a written direction about the exercise of the power conferred by paragraph (1)(k) to specify conditions in a channel A datacasting transmitter licence.

92V  Paragraph 125(1)(a)

Omit “(h), (i)”, substitute “(i), (ia), (ib), (ic), (id), (ie), (if)”.

92W  Subsection 128C(1)

Omit “(h), (i)”, substitute “(i), (ia), (ib), (ic), (id), (ie), (if)”.

92X  Section 128D

Omit “(h), (i)”, substitute “(i), (ia), (ib), (ic), (id), (ie), (if)”.

92Y  Section 128E

Repeal the section.

[datacasting transmitter licences]

(9)     Page 44 (after line 3), after Schedule 2, insert:

Schedule 2A Amendments commencing on Proclamation

   

Broadcasting Services Act 1992

1  After Part 9

Insert:

Part 9A Technical standards

   

130A   Technical standards for digital transmission

             (1)  The ACMA may, by legislative instrument, determine technical standards that relate to the transmission in digital mode of any or all of the following services delivered using the broadcasting services bands:

                     (a)  commercial television broadcasting services;

                     (b)  national television broadcasting services;

                     (c)  community television broadcasting services;

                     (d)  subscription television broadcasting services;

                     (e)  television broadcasting services provided under a class licence;

                      (f)  datacasting services provided under datacasting licences.

Conditional access systems

             (2)  Standards under subsection (1), to the extent that they deal with conditional access systems, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those systems should be open to all providers of eligible datacasting services.

Application program interfaces

             (3)  Standards under subsection (1), to the extent that they deal with application program interfaces, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those interfaces should be open to all providers of eligible datacasting services.

Conversion schemes

             (4)  The commercial television conversion scheme under clause 6 of Schedule 4 must be consistent with any standards determined under subsection (1).

             (5)  The national television conversion scheme under clause 19 of Schedule 4 must be consistent with any standards determined under subsection (1).

Instruments

             (6)  Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.

Compliance

             (7)  A national broadcaster must comply with a standard determined under subsection (1).

Note 1:       For compliance by holders of commercial television broadcasting licences, see clause 7 of Schedule 2.

Note 2:       For compliance by holders of community television broadcasting licences, see clause 9 of Schedule 2.

Note 3:       For compliance by holders of subscription television broadcasting licences, see clause 10 of Schedule 2.

Note 4:       For compliance by providers of television broadcasting services provided under a class licence, see clause 11 of Schedule 2.

Note 5:       For compliance by holders of datacasting licences, see clause 24 of Schedule 6.

Note 6:       For compliance by holders of datacasting transmitter licences, see section 109A of the Radiocommunications Act 1992 .

Definitions

             (8)  In this section:

application program interface has the meaning generally accepted within the broadcasting industry.

conditional access system means a conditional access system that:

                     (a)  relates to the provision of one or more eligible datacasting services; and

                     (b)  allows a provider of an eligible datacasting service to determine whether an end-user is able to receive a particular eligible datacasting service.

digital mode has the same meaning as in Schedule 4.

eligible datacasting service means:

                     (a)  a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or

                     (b)  a television broadcasting service transmitted in digital mode using the broadcasting services bands.

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

130B   Technical standards for domestic digital reception equipment

             (1)  The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:

                     (a)  commercial television broadcasting services;

                     (b)  national television broadcasting services;

                     (c)  community television broadcasting services;

                     (d)  subscription television broadcasting services;

                     (e)  television broadcasting services provided under a class licence;

                      (f)  datacasting services provided under datacasting licences.

Offence

             (2)  A person commits an offence if:

                     (a)  the person supplies equipment; and

                     (b)  the equipment is domestic reception equipment; and

                     (c)  the equipment is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  community television broadcasting services;

                            (iv)  subscription television broadcasting services;

                             (v)  television broadcasting services provided under a class licence;

                            (vi)  datacasting services provided under datacasting licences; and

                     (d)  the equipment does not comply with a standard determined under subsection (1).

Penalty:  1,500 penalty units.

Civil penalty

             (3)  A person must not supply domestic reception equipment if:

                     (a)  the equipment is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  community television broadcasting services;

                            (iv)  subscription television broadcasting services;

                             (v)  television broadcasting services provided under a class licence;

                            (vi)  datacasting services provided under datacasting licences; and

                     (b)  the equipment does not comply with a standard determined under subsection (1).

             (4)  Subsection (3) is a civil penalty provision.

Instruments

             (5)  Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.

Reception of subscription television broadcasting services

             (6)  For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription television broadcasting services when used:

                     (a)  in isolation; or

                     (b)  in conjunction with any other equipment.

Exemptions

             (7)  The ACMA may, by legislative instrument, exempt specified domestic reception equipment from subsections (2) and (3).

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

Definitions

             (8)  In this section:

digital mode has the same meaning as in Schedule 4.

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

supply has the same meaning as in the Trade Practices Act 1974 .

Part 9B Industry codes and industry standards

Division 1 Simplified outline

130C   Simplified outline

                   The following is a simplified outline of this Part:

•      Industry codes may be registered by the ACMA.

•      The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.

•      Compliance with industry standards is mandatory.

Division 2 Interpretation

130D   Industry codes

                   For the purposes of this Part, an industry code is a code developed under this Part (whether or not in response to a request under this Part).

130E   Industry standards

                   For the purposes of this Part, an industry standard is a standard determined under this Part.

130F   Industry activities

             (1)  For the purposes of this Part, each of the following is an industry activity :

                     (a)  providing a commercial television broadcasting service;

                     (b)  providing a national television broadcasting service (within the meaning of Schedule 4);

                     (c)  providing a community television broadcasting service;

                     (d)  providing a subscription television broadcasting service;

                     (e)  providing a television broadcasting service under a class licence;

                      (f)  providing a datacasting service under a datacasting licence;

                     (g)  importing, manufacturing or supplying domestic reception equipment that is capable of receiving any or all of the following:

                              (i)  commercial television broadcasting services;

                             (ii)  national television broadcasting services;

                            (iii)  community television broadcasting services;

                            (iv)  subscription television broadcasting services;

                             (v)  television broadcasting services provided under a class licence;

                            (vi)  datacasting services provided under datacasting licences;

                     (h)  operating a transmitter under a datacasting transmitter licence.

Reception of subscription television broadcasting services

             (2)  For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription television broadcasting services when used:

                     (a)  in isolation; or

                     (b)  in conjunction with any other equipment.

Definitions

             (3)  In this section:

import means import into Australia.

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

supply has the same meaning as in the Trade Practices Act 1974 .

130G   Sections of the industry

             (1)  For the purposes of this Part, sections of the industry are to be ascertained in accordance with this section.

             (2)  The ACMA may, by legislative instrument, determine that persons carrying on, or proposing to carry on, one or more specified kinds of industry activity constitute a section of the industry for the purposes of this Part.

             (3)  The section must be identified in the determination by a unique name and/or number.

             (4)  A determination under subsection (2) has effect accordingly.

             (5)  Sections of the industry determined under subsection (2):

                     (a)  need not be mutually exclusive; and

                     (b)  may consist of the aggregate of any 2 or more sections of the industry determined under subsection (2); and

                     (c)  may be subsets of a section of the industry determined under subsection (2).

             (6)  Subsection (5) does not, by implication, limit subsection (2).

130H   Participants in a section of the industry

                   For the purposes of this Part, if a person is a member of a group that constitutes a section of the industry, the person is a participant in that section of the industry.

Division 3 General principles relating to industry codes and industry standards

130J   Statement of regulatory policy

                   The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the industry should develop codes ( industry codes ) that are to apply to participants in that section of the industry in relation to the industry activities of the participants.

130K   Examples of matters that may be dealt with by industry codes and industry standards

             (1)  This section sets out examples of matters that may be dealt with by industry codes and industry standards.

             (2)  The applicability of a particular example will depend on which section of the industry is involved.

             (3)  The examples are as follows:

                     (a)  the labelling of domestic reception equipment;

                     (b)  electronic program guides, including the provision of information for the purpose of compiling electronic program guides;

                     (c)  the numbering of digital services, including the use of logical channel numbers;

                     (d)  application program interfaces (within the meaning of section 130A);

                     (e)  conditional access systems (within the meaning of section 130A);

                      (f)  the updating of software used in domestic reception equipment.

130L   Industry codes and industry standards not to deal with certain matters

                   For the purposes of this Part, an industry code or an industry standard that deals with a particular matter has no effect to the extent (if any) to which the matter is dealt with by:

                     (a)  a code registered, or a standard determined, under Part 6 of the Telecommunications Act 1997 ; or

                     (b)  a code registered, or a standard determined, under Part 9 of this Act; or

                     (c)  a standard determined under Part 9A of this Act; or

                     (d)  a standard determined under Part 4 of Schedule 4 to this Act; or

                     (e)  a code registered, or a standard determined, under Part 5 of Schedule 5 to this Act; or

                      (f)  a code registered, or a standard determined, under Part 4 of Schedule 6 to this Act.

Division 4 Industry codes

130M   Registration of industry codes

             (1)  This section applies if:

                     (a)  the ACMA is satisfied that a body or association represents a particular section of the industry; and

                     (b)  that body or association develops an industry code that applies to participants in that section of the industry and deals with one or more matters relating to the industry activities of those participants; and

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

                     (d)  the ACMA is satisfied that:

                              (i)  to the extent to which the code deals with one or more matters of substantial relevance to the community—the code provides appropriate community safeguards for that matter or those matters; and

                             (ii)  to the extent to which the code deals with one or more matters that are not of substantial relevance to the community—the code deals with that matter or those matters in an appropriate manner; and

                     (e)  the ACMA is satisfied that, before giving the copy of the code to the ACMA:

                              (i)  the body or association published a draft of the code and invited members of the public to make submissions to the body or association about the draft within a specified period; and

                             (ii)  the body or association gave consideration to any submissions that were received from members of the public within that period; and

                      (f)  the ACMA is satisfied that, before giving the copy of the code to the ACMA:

                              (i)  the body or association published a draft of the code and invited participants in that section of the industry to make submissions to the body or association about the draft within a specified period; and

                             (ii)  the body or association gave consideration to any submissions that were received from participants in that section of the industry within that period.

             (2)  The ACMA must register the code by including it in the Register of industry codes kept under section 130ZA.

             (3)  A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.

             (4)  If:

                     (a)  an industry code (the new code ) is registered under this Part; and

                     (b)  the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new code is registered.

130N   ACMA may request codes

             (1)  If the ACMA is satisfied that a body or association represents a particular section of the industry, the ACMA may, by written notice given to the body or association, request the body or association to:

                     (a)  develop an industry code that applies to participants in that section of the industry and deals with one or more specified matters relating to the industry activities of those participants; and

                     (b)  give the ACMA a copy of the code within the period specified in the notice.

             (2)  The period specified in a notice under subsection (1) must run for at least 120 days.

             (3)  The ACMA must not make a request under subsection (1) in relation to a particular section of the industry unless the ACMA is satisfied that:

                     (a)  the development of the code is necessary or convenient in order to:

                              (i)  provide appropriate community safeguards; or

                             (ii)  otherwise deal with the performance or conduct of participants in that section of the industry; and

                     (b)  in the absence of the request, it is unlikely that an industry code would be developed within a reasonable period.

             (4)  The ACMA may vary a notice under subsection (1) by extending the period specified in the notice.

             (5)  Subsection (4) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901 .

             (6)  A notice under subsection (1) may specify indicative targets for achieving progress in the development of the code (for example, a target of 60 days to develop a preliminary draft of the code).

130P   Publication of notice where no body or association represents a section of the industry

             (1)  If the ACMA is satisfied that a particular section of the industry is not represented by a body or association, the ACMA may publish a notice in the Gazette :

                     (a)  stating that, if such a body or association were to come into existence within a specified period, the ACMA would be likely to give a notice to that body or association under subsection 130N(1); and

                     (b)  setting out the matter or matters relating to the industry activities that would be likely to be specified in the subsection 130N(1) notice.

             (2)  The period specified in a notice under subsection (1) must run for at least 60 days.

130Q   Replacement of industry codes

             (1)  Changes to an industry code are to be achieved by replacing the code instead of varying the code.

             (2)  If the replacement code differs only in minor respects from the original code, section 130M has effect, in relation to the registration of the code, as if paragraphs 130M(1)(e) and (f) had not been enacted.

Note:          Paragraphs 130M(1)(e) and (f) deal with submissions about draft codes.

Division 5 Industry standards

130R   ACMA may determine an industry standard if a request for an industry code is not complied with

             (1)  This section applies if:

                     (a)  the ACMA has made a request under subsection 130N(1) in relation to the development of a code that is to:

                              (i)  apply to participants in a particular section of the industry; and

                             (ii)  deal with one or more matters relating to the industry activities of those participants; and

                     (b)  any of the following conditions is satisfied:

                              (i)  the request is not complied with;

                             (ii)  if indicative targets for achieving progress in the development of the code were specified in the notice of request—any of those indicative targets were not met;

                            (iii)  the request is complied with, but the ACMA subsequently refuses to register the code; and

                     (c)  the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:

                              (i)  provide appropriate community safeguards in relation to that matter or those matters; or

                             (ii)  otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.

             (2)  The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard .

             (3)  Before determining an industry standard under this section, the ACMA must consult the body or association to whom the request mentioned in paragraph (1)(a) was made.

             (4)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

130S   ACMA may determine industry standard where no industry body or association formed

             (1)  This section applies if:

                     (a)  the ACMA is satisfied that a particular section of the industry is not represented by a body or association; and

                     (b)  the ACMA has published a notice under subsection 130P(1) relating to that section of the industry; and

                     (c)  that notice:

                              (i)  states that, if such a body or association were to come into existence within a particular period, the ACMA would be likely to give a notice to that body or association under subsection 130N(1); and

                             (ii)  sets out one or more matters relating to the industry activities of the participants in that section of the industry; and

                     (d)  no such body or association comes into existence within that period; and

                     (e)  the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:

                              (i)  provide appropriate community safeguards in relation to that matter or those matters; or

                             (ii)  otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.

             (2)  The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard .

             (3)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

130T   ACMA may determine industry standards—total failure of industry codes

             (1)  This section applies if:

                     (a)  an industry code that:

                              (i)  applies to participants in a particular section of the industry; and

                             (ii)  deals with one or more matters relating to the industry activities of those participants;

                            has been registered under this Part for at least 180 days; and

                     (b)  the ACMA is satisfied that the code is totally deficient (as defined by subsection (6)); and

                     (c)  the ACMA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and

                     (d)  that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to participants in that section of the industry and deals with that matter or those matters.

             (2)  The period specified in a notice under paragraph (1)(c) must run for at least 30 days.

             (3)  The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard .

             (4)  If the ACMA is satisfied that a body or association represents that section of the industry, the ACMA must consult the body or association before determining an industry standard under subsection (3).

             (5)  The industry code ceases to be registered under this Part on the day on which the industry standard comes into force.

             (6)  For the purposes of this section, an industry code that applies to participants in a particular section of the industry and deals with one or more matters relating to the industry activities of those participants is totally deficient if, and only if:

                     (a)  the code is not operating to provide appropriate community safeguards in relation to that matter or those matters; or

                     (b)  the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter or those matters.

             (7)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

130U   ACMA may determine industry standards—partial failure of industry codes

             (1)  This section applies if:

                     (a)  an industry code that:

                              (i)  applies to participants in a particular section of the industry; and

                             (ii)  deals with 2 or more matters relating to the industry activities of those participants;

                            has been registered under this Part for at least 180 days; and

                     (b)  section 130T does not apply to the code; and

                     (c)  the ACMA is satisfied that the code is deficient (as defined by subsection (6)) to the extent to which the code deals with one or more of those matters (the deficient matter or deficient matters ); and

                     (d)  the ACMA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and

                     (e)  that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to participants in that section of the industry and deals with the deficient matter or deficient matters.

             (2)  The period specified in a notice under paragraph (1)(d) must run for at least 30 days.

             (3)  The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with the deficient matter or deficient matters. A standard under this subsection is to be known as an industry standard .

             (4)  If the ACMA is satisfied that a body or association represents that section of the industry, the ACMA must consult the body or association before determining an industry standard under subsection (3).

             (5)  On and after the day on which the industry standard comes into force, the industry code has no effect to the extent to which it deals with the deficient matter or deficient matters. However, this subsection does not affect:

                     (a)  the continuing registration of the remainder of the industry code; or

                     (b)  any investigation, proceeding or remedy in respect of a contravention of the industry code that occurred before that day.

             (6)  For the purposes of this section, an industry code that applies to participants in a particular section of the industry and deals with 2 or more matters relating to the industry activities of those participants is deficient to the extent to which it deals with a particular one of those matters if, and only if:

                     (a)  the code is not operating to provide appropriate community safeguards in relation to that matter; or

                     (b)  the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter.

             (7)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

130V   Compliance with industry standards

             (1)  If:

                     (a)  an industry standard that applies to participants in a particular section of the industry is registered under this Part; and

                     (b)  a person is a participant in that section of the industry;

the person must comply with the industry standard.

Offence

             (2)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (1); and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes the requirement.

Penalty:  1,500 penalty units.

Civil penalty

             (3)  Subsection (1) is a civil penalty provision.

130W   Formal warnings—breach of industry standards

             (1)  This section applies to a person who is a participant in a particular section of the industry.

             (2)  The ACMA may issue a formal warning if the person contravenes an industry standard registered under this Part.

130X   Variation of industry standards

                   The ACMA may, by legislative instrument, vary an industry standard that applies to participants in a particular section of the industry if it is satisfied that it is necessary or convenient to do so to:

                     (a)  provide appropriate community safeguards in relation to one or more matters relating to the industry activities of those participants; and

                     (b)  otherwise regulate adequately those participants in relation to one or more matters relating to the industry activities of those participants.

130Y   Revocation of industry standards

             (1)  The ACMA may, by legislative instrument, revoke an industry standard.

             (2)  If:

                     (a)  an industry code is registered under this Part; and

                     (b)  the code is expressed to replace an industry standard;

the industry standard is revoked when the code is registered.

130Z   Public consultation on industry standards

             (1)  Before determining or varying an industry standard, the ACMA must:

                     (a)  cause to be published in a newspaper circulating in each State a notice:

                              (i)  stating that the ACMA has prepared a draft of the industry standard or variation; and

                             (ii)  stating that free copies of the draft will be made available to members of the public during normal office hours throughout the period specified in the notice; and

                            (iii)  specifying the place or places where the copies will be available; and

                            (iv)  inviting interested persons to give written comments about the draft to the ACMA within the period specified under subparagraph (ii); and

                     (b)  make copies of the draft available in accordance with the notice.

             (2)  The period specified under subparagraph (1)(a)(ii) must run for at least 30 days after the publication of the notice.

             (3)  Subsection (1) does not apply to a variation if the variation is of a minor nature.

             (4)  If interested persons have given comments in accordance with a notice under subsection (1), the ACMA must have due regard to those comments in determining or varying the industry standard, as the case may be.

             (5)  In this section:

State includes the Australian Capital Territory and the Northern Territory.

Division 6 Register of industry codes and industry standards

130ZA   ACMA to maintain Register of industry codes and industry standards

             (1)  The ACMA is to maintain a Register in which the ACMA includes:

                     (a)  all industry codes required to be registered under this Part; and

                     (b)  all industry standards; and

                     (c)  all requests made under section 130N; and

                     (d)  all notices under section 130P.

             (2)  The Register is to be maintained by electronic means.

             (3)  The Register is to be made available for inspection on the Internet.

2  After paragraph 7(1)(b) of Schedule 2

Insert:

                   (ba)  the licensee will comply with subsection 130V(1) (which deals with industry standards);

3  Paragraph 7(1)(n) of Schedule 2

Repeal the paragraph.

4  Paragraph 7(1)(oa) of Schedule 2

Omit “regulations made for the purposes of clause 36B of Schedule 4 (which deals with the accessibility of domestic reception equipment)”, substitute “standards under section 130A (which deals with technical standards for digital transmission)”.

5  Subclauses 7(2B), (2C), (2D) and (2E) of Schedule 2

Repeal the subclauses.

6  After paragraph 9(1)(c) of Schedule 2

Insert:

                    (ca)  the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

                   (cb)  the licensee will comply with subsection 130V(1) (which deals with industry standards);

7  After paragraph 10(1)(b) of Schedule 2

Insert:

                   (ba)  the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

                   (bb)  the licensee will comply with subsection 130V(1) (which deals with industry standards);

8  After paragraph 11(1)(b) of Schedule 2

Insert:

                   (ba)  in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

                   (bb)  in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the licensee will comply with subsection 130V(1) (which deals with industry standards);

9  Clause 2 of Schedule 4

Insert:

HDTV commercial television format standard means:

                     (a)  if the licence area concerned is not a remote licence area—a standard under section 130A that relates to the format in which television programs are to be transmitted in HDTV digital mode by commercial television broadcasting licensees in such a licence area, where the relevant service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned under subclause 8(8); or

                     (b)  if the licence area concerned is a remote licence area—a standard under section 130A that relates to the format in which television programs are to be transmitted in HDTV digital mode by commercial television broadcasting licensees in such a licence area, where the relevant service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned under subclause 8(10A).

10  Clause 2 of Schedule 4

Insert:

HDTV national television format standard means:

                     (a)  if the coverage area concerned is not a remote coverage area—a standard under section 130A that relates to the format in which television programs are to be transmitted in HDTV digital mode by national broadcasters in such a coverage area, where the relevant service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned under subclause 23(8); or

                     (b)  if the coverage area concerned is a remote coverage area—a standard under section 130A that relates to the format in which television programs are to be transmitted in HDTV digital mode by national broadcasters in such a coverage area, where the relevant service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned under subclause 23(10A).

11  Clause 2 of Schedule 4

Insert:

SDTV commercial television format standard means:

                     (a)  if the licence area concerned is not a remote licence area—a standard under section 130A that relates to the format in which television programs are to be transmitted in SDTV digital mode by commercial television broadcasting licensees in such a licence area; or

                     (b)  if the licence area concerned is a remote licence area—a standard under section 130A that relates to the format in which television programs are to be transmitted in SDTV digital mode by commercial television broadcasting licensees in such a licence area.

12  Clause 2 of Schedule 4

Insert:

SDTV national television format standard means:

                     (a)  if the coverage area concerned is not a remote coverage area—a standard under section 130A that relates to the format in which television programs are to be transmitted in SDTV digital mode by national broadcasters in such a coverage area; or

                     (b)  if the coverage area concerned is a remote coverage area—a standard under section 130A that relates to the format in which television programs are to be transmitted in SDTV digital mode by national broadcasters in such a coverage area.

13  Subparagraphs 8(7)(a)(ii) and (iii) of Schedule 4

Repeal the subparagraphs, substitute:

                             (ii)  a SDTV commercial television format standard; or

                            (iii)  a HDTV commercial television format standard; or

14  Paragraphs 8(10)(c) and (d) of Schedule 4

Repeal the paragraphs, substitute:

                     (c)  a SDTV commercial television format standard; or

                     (d)  a HDTV commercial television format standard; or

15  Subparagraphs 23(7)(a)(ii) and (iii) of Schedule 4

Repeal the subparagraphs, substitute:

                             (ii)  a SDTV national television format standard; or

                            (iii)  a HDTV national television format standard; or

16  Paragraphs 23(10)(c) and (d) of Schedule 4

Repeal the paragraphs, substitute:

                     (c)  a SDTV national television format standard; or

                     (d)  a HDTV national television format standard; or

17  Clause 35A of Schedule 4

Repeal the clause.

18  Part 3A of Schedule 4

Repeal the Part.

19  Division 1 of Part 4 of Schedule 4

Repeal the Division.

20  Division 4 of Part 4 of Schedule 4

Repeal the Division.

21  Division 1A of Part 3 of Schedule 6

Repeal the Division.

22  Paragraph 24(1)(ca) of Schedule 6

Omit “regulations made for the purposes of clause 36B of Schedule 4”, substitute “standards under section 130A (which deals with technical standards for digital transmission)”.

23  Paragraph 24(1)(g) of Schedule 6

Repeal the paragraph, substitute:

                     (g)  the licensee will comply with subsection 130V(1) (which deals with industry standards);

24  Paragraph 46(e) of Schedule 6

Omit “or clause 60 of this Schedule”.

25  Paragraph 52(1)(c) of Schedule 6

Omit “20B,”.

26  Subclauses 54(2) and (3) of Schedule 6

Omit “20B,”.

27  Part 10 of Schedule 6

Repeal the Part.

Radiocommunications Act 1992

28  Paragraph 109A(1)(fa)

Repeal the paragraph.

29  After paragraph 109A(1)(ga)

Insert:

                   (gb)  a condition that the licensee, or a person so authorised, will comply with any standards under section 130A of the Broadcasting Services Act 1992 (which deals with technical standards for digital transmission);

                    (gc)  a condition that the licensee, or a person so authorised, will comply with subsection 130V(1) of the Broadcasting Services Act 1992 (which deals with industry standards);

[codes and standards]