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37    Broadcasting Legislation Amendment (Foreign Media Ownership and Community Radio) Bill 2017

A message from the House of Representatives was reported agreeing to the following bill with amendments:

Message no. 449, dated 20 August 2018—Broadcasting Legislation Amendment (Foreign Media Ownership and Community Radio) Bill 2017.

Ordered, on the motion of the Minister for Indigenous Affairs (Senator Scullion ) , that the message be considered in committee of the whole immediately.

 

 

 

In the committee

schedule of the amendments

made by the house of representatives

(1)    Clause 1, page 1 (line 6), omit “ and Community Radio ”, substitute “ , Community Radio and Other Measures ”.

(2)    Page 17 (after line 30), at the end of the bill, add:

Schedule 3 Local programming requirements for regional commercial television broadcasting licensees

Broadcasting Services Act 1992

1  Section 61CU

Insert:

combined designated Western Australian commercial television broadcasting licence area means the area that consists of the licence areas of the designated Western Australian commercial television broadcasting licences.

combined designated Western Australian commercial television broadcasting local area means the area that consists of the local areas of the designated Western Australian commercial television broadcasting licences.

designated Western Australian commercial television broadcasting licence means a commercial television broadcasting licence for any of the following licence areas:

                              (a)  Geraldton TV1;

                              (b)  Kalgoorlie TV1;

                               (c)  South West and Great Southern TV1.

2  Section 61CU (at the end of the definition of local area )

Add:

Note:         See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences).

3  Section 61CU (at the end of the definition of material of local significance )

Add:

Note:         See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences).

4  At the end of subsection 61CX(1)

Add:

Note:         See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences).

5  At the end of subsection 61CY(3)

Add:

Note:         See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences).

6  At the end of subsection 61CY(5)

Add:

Note:         See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences).

7  At the end of subsection 61CY(7)

Add:

Note:         See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences).

8  After section 61CY

Insert:

61CYA   Modifications relating to designated Western Australian commercial television broadcasting licences

Scope

     (1)   This section applies if:

                              (a)  a trigger event for a designated Western Australian commercial television broadcasting licence (the relevant licence ) occurs on a particular day; and

                              (b)  that event is the first or only trigger event for the relevant licence; and

                               (c)  immediately before that event, the designated Western Australian commercial television broadcasting licences were under common control; and

                              (d)  a period (the relevant period ) satisfies the following conditions:

                                                  (i)   the period began at the time of that event;

                                                 (ii)   at all times during the period, the designated Western Australian commercial television broadcasting licences are under common control.

Note:         Section 61CYB defines when licences are under common control.

Material of local significance

     (2)   During the relevant period, in determining, for the purposes of this Division, whether material is material of local significance in relation to the local area of the relevant licence:

                              (a)  material that relates directly to the combined designated Western Australian commercial television broadcasting local area is taken to be material that relates directly to the local area of the relevant licence; and

                              (b)  material that relates directly to the combined designated Western Australian commercial television broadcasting licence area is taken to be material that relates directly to the licence area of the relevant licence.

Points system

     (3)   During the relevant period, the table in subsection 61CY(3) has effect, in relation to the relevant licence, as if:

                              (a)  a reference in the table to the local area were a reference to the combined designated Western Australian commercial television broadcasting local area; and

                              (b)  a reference in the table to the licensee’s licence area were a reference to the combined designated Western Australian commercial television broadcasting licence area.

     (4)   During the relevant period, the provision of the local programming determination that was made for the purposes of paragraph (d) of item 1 of the table in subsection 61CY(3) has effect, in relation to the relevant licence, as if a reference in that provision to the local area were a reference to the combined designated Western Australian commercial television broadcasting local area.

     (5)   During the relevant period, subsection 61CY(5) has effect, in relation to the relevant licence, as if a reference in that subsection to the licensee’s licence area were a reference to the combined designated Western Australian commercial television broadcasting licence area.

     (6)   During the relevant period, paragraphs 61CY(7)(a) and (b) have effect, in relation to the relevant licence, as if a reference in those paragraphs to the area were a reference to the combined designated Western Australian commercial television broadcasting local area.

61CYB   When designated Western Australian commercial television broadcasting licences are under common control

     (1)   For the purposes of section 61CYA, if, at a particular time, a person controls each designated Western Australian commercial television broadcasting licence, the designated Western Australian commercial television broadcasting licences are under common control at that time.

     (2)   For the purposes of subsection (1), a person controls a designated Western Australian commercial television broadcasting licence if, and only if, the person:

                              (a)  holds the licence; or

                              (b)  is in a position to exercise control of the licence.

The Minister for Communications (Senator Fifield) moved—That the committee agree to the amendments made by the House of Representatives to the bill.

Question put and passed.

Resolution to be reported.

 

 

 

The Acting Deputy President (Senator Sterle) resumed the chair and the Temporary Chair of Committees reported that the committee had considered message no. 449 from the House of Representatives relating to the Broadcasting Legislation Amendment (Foreign Media Ownership and Community Radio) Bill 2017 and had agreed to the amendments made by the House of Representatives to the bill.

On the motion of Senator Fifield the report from the committee was adopted.