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National Transmission Network Sale (Consequential Amendments) Bill 1998
Bills Digest No. 63 1998-99
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
This Bill amends the Australian Broadcasting Corporation Act 1983 , the Radiocommunications Act 1992 , and the Special Broadcasting Service Act 1991 .
These proposed amendments, together with those proposed in the National Transmission Network Sale Bill 1998, provide the necessary framework for the sale of Australia's National Transmission Network (NTN).
The reader is referred t o the background material in the Bills Digest prepared for the National Transmission Network Sale Bill 1998.
Clause 5 of Schedule 1 provides the Australian Broadcasting Corporation (ABC) with the following additional powers to:
â¢ produce, promote and present programs, or arrange or provide facilities to do so
â¢ transmit programs or other matter, or arrange or provide facilities to do so
Clause 6 repeals the technical services provisions of the Act. They relate to the:
â¢ provision of transmitting stations and technical equipment
â¢ transfer of assets
â¢ use by the corporation of satellite systems, and
â¢ lines for conveyance of electric current to transmitting stations.
Clause 7 provides a mechanism by which the Minister can direct the Australian Broadcasting Authority (ABA) to conduct an investigation into the possible degradation of the quality of signal reception of the ABC. However, a person must first complain to the ABC. If no response is forthcoming within 60 days, this provision becomes operative.
Clause 8 adds an item to the list of matters, which must be included in the ABC's annual report. This extra item requires particulars of any significant changes in the transmission coverage, or transmission quality of national broadcasting services provided by the ABC.
At present, the Commonwealth, in its capacity as provider of transmission services, holds the national broadcasting service (NBS) licence under section 10 0 of the Radiocommunications Act to operate transmitters for the purpose of providing national broadcasting services. Following the sale of the NTN, the national broadcasters, rather than the NTN owners, will hold the licences under section 100.
Clause10 amends section 100 to provide that a NBS licence may only be held by the ABC, SBS or the Commonwealth.
Clause 13 provides that a NBS licence cannot be transferred to any person other than the ABC, SBS or the Commonwealth.
Clause 19 provides a mechanism by which the Minister can direct the Australian Broadcasting Authority (ABA) to conduct an investigation into the possible degradation of the quality of signal reception of the SBS. However, a person must first complain to the SBS. If no response is forthcoming within 60 days, this provision becomes operative.
Clause 22 adds an item to the list of matters, which must be included in the SBS's annual report. This extra item requires particulars of any significant changes during the year in the transmission coverage, or transmission quality of national broadcasting services provided by the SBS.
4 December 1998
Bills Digest Service
Information and Research Services
This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is t aken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document. IRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members of the public.