2008

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Broadcasting Legislation Amendment (Digital Television

Switch-over) Bill 2008

 

 

 

Schedule of the amendments made by the House of Representatives

to which the Senate has disagreed

 

 

(2)     Schedule 2, page 4 (before line 18), before item 4, insert:

3B  Clause 2 of Schedule 4

Insert:

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October of a year.

(4)     Schedule 2, item 4B, page 7 (lines 13 to 28), omit the item.

(5)     Schedule 2, page 11 (after line 5), after item 12, insert:

12A  After clause 11 of Schedule 4

Insert:

11A   Quarterly reports

             (1)  The commercial television conversion scheme must require the ACMA to:

                     (a)  prepare a report for each quarter about the following matters:

                              (i)  the extent to which the objective in paragraph 6(3)(f) is being met for each licence area to which that paragraph applies;

                             (ii)  if that objective is not being met for a particular licence area—the steps that holders of commercial television broadcasting licences are taking to ensure that the objective will be met; and

                     (b)  publish the report on the ACMA’s website.

             (2)  Subclause (1) does not apply to a quarter that begins after the end of the simulcast period for the licence area concerned.

(6)     Schedule 2, page 11 (after line 30), after item 17, insert:

17A  After clause 25 of Schedule 4

Insert:

25A   Quarterly reports

             (1)  The national television conversion scheme must require the ACMA to:

                     (a)  prepare a report for each quarter about the following matters:

                              (i)  the extent to which the objective in paragraph 19(3)(f) is being met for each coverage area to which that paragraph applies;

                             (ii)  if that objective is not being met for a particular coverage area—the steps that the national broadcasters are taking to ensure that the objective will be met; and

                     (b)  publish the report on the ACMA’s website.

             (2)  Subclause (1) does not apply to a quarter that begins after the end of the simulcast period for the coverage area concerned.

(7)     Schedule 2, page 12 (after line 8), after item 20, insert:

20A  At the end of Schedule 4

Add:

Part 12 — Ministerial reports

65   Ministerial reports—self-help re-transmission services and blackspots

             (1)  As soon as practicable after:

                     (a)  the 6-month period ending on 30 June 2009; and

                     (b)  each later 6-month period;

the Minister must cause to be prepared a report about:

                     (c)  progress in converting self-help television re-transmission services from analog mode to digital mode; and

                     (d)  the identification and rectification of blackspots in relation to the reception of:

                              (i)  commercial television broadcasting services; and

                             (ii)  national television broadcasting services;

                            in digital mode.

             (2)  The Minister must consult the ACMA in relation to the preparation of a report under subclause (1).

             (3)  The Minister must cause copies of a report under subclause (1) to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.

             (4)  In this clause:

self-help television re-transmission service means a television re-transmission service that:

                     (a)  is covered by subsection 212(1); and

                     (b)  is provided by a self-help provider (within the meaning of section 212A).

 

 

Senate reasons for disagreeing to amendments nos 2, 4, 5, 6 and 7

made by the House of Representatives

 

 

Amendment no. 4 deletes a clause, inserted on the motion of the Opposition, which would require the Government to report to each House of the Parliament the action taken to identify and rectify digital transmission blackspots. The Senate considers that this is a necessary accountability measure which will aid in ensuring that adequate levels of coverage and reception quality are achieved in the switch-over to digital television broadcasting.

 

The other government amendments seek to put in place alternative reporting arrangements. The regime inserted in the bill on the motion of the Coalition provides more accountability than the Government’s alternative. It provides for more regular reports on digital blackspots; specifically identifies the regions and the numbers of households affected; and reinforces the objective of achieving an equivalent level of coverage to households after the switch-over to digital television.

 

On this basis, the Senate does not accept these amendments.

 

 

 

Schedule of the consequential amendment made by the Senate

 

(1)     Schedule 2, page 7 (lines 16 and 17), omit “after the making of the first determination under subclause 5G(1),”, substitute “from 1 April 2009”.

 

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

5 December 2008 a.m.