John Hogg (Queensland, Deputy-President) Share this | Hansard source

That is not required. The time allocated for the consideration of the committee stage of these bills has expired.

BROADCASTING LEGISLATION AMENDMENT (DIGITAL TELEVISION) BILL 2006

Bill—by leave—taken as a whole.

Government amendment (3) on sheet PZ244—

(3)    Schedule 1, item 4, page 3 (lines 16 to 18), to be opposed.

The question is that schedule 1, item 4 stand as printed.

Question negatived.

Government amendments (1), (2) and (4) to (61) on sheet PZ244—

(1)    Schedule 1, item 1, page 3 (line 9), at the end of the definition of anti-siphoning event, add “For this purpose, disregard subsections 115(1AA) and (1B).”.

(2)    Schedule 1, page 3 (after line 11), after item 2, insert:

2A  Before section 27

Insert:

26B  Licence area plans—multi--channelled national television broadcasting services

        (1)    Licence area plans are not required to deal with SDTV multi-channelled national television broadcasting services.

        (2)    Subsection (1) ceases to have effect at the end of the simulcast period, or the simulcast-equivalent period, for the coverage area concerned.

        (3)    In this section:

SDTV multi-channelled national television broadcasting service has the same meaning as in Schedule 4.

simulcast-equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

(4)    Schedule 1, page 4 (after line 13), after item 9, insert:

9A  Clause 2 of Schedule 4

Insert:

simulcast-equivalent period, in relation to a national television broadcasting service, has the meaning given by clause 4D.

9B  Before clause 5 of Schedule 4

Insert:

4D  Simulcast-equivalent period for a coverage area

If there is no simulcast period for a coverage area in relation to a national television broadcasting service, the ACMA may, by legislative instrument, declare that a specified period is the simulcast-equivalent period for the coverage area.

(5)    Schedule 1, item 18, page 6 (line 6), at the end of the heading to clause 41H, add “etc.”.

(6)    Schedule 1, item 18, page 6 (line 9), after “period”, insert “, or a simulcast-equivalent period,”.

(7)    Schedule 1, page 9 (after line 12), after item 28, insert:

28A  Variation of national television conversion scheme

        (1)     This item applies to a variation by the ACMA of the national television conversion scheme if:

             (a)  the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and

             (b)   the variation is made within 30 days after the commencement of this item.

(2)    Clause 33 of Schedule 4 to the Broadcasting Services Act 1992 does not apply to the variation.

(3)    Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.

(4)    The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s Internet site for a period of at least 5 business days.

(8)    Schedule 2, page 11 (after line 20), after item 6, insert:

6A  After section 26

Insert:

26A  Licence area plans—multi-channelled commercial television broadcasting services

        (1)    If:

             (a)    a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2007; and

             (b)    the licence authorises the licensee to provide a HDTV multi-channelled commercial television broadcasting service in the licence area;

                 the relevant licence area plan is not required to deal with the HDTV multi-channelled commercial television broadcasting service.

        (2)    Subsection (1) ceases to have effect at the end of the simulcast period, or the simulcast-equivalent period, for the licence area concerned.

        (3)    In this section:

HDTV multi-channelled commercial television broadcasting service has the same meaning as in Schedule 4.

simulcast-equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

6B  After subsection 26B(1)

Insert:

     (1A)    Licence area plans are not required to deal with HDTV multi-channelled national television broadcasting services.

6C  Subsection 26B(2)

Omit “Subsection (1) ceases”, substitute “Subsections (1) and (1A) cease”.

6D  Subsection 26B(3)

Insert:

HDTV multi-channelled nationaltelevision broadcasting service has the same meaning as in Schedule 4.

(9)    Schedule 2, page 13 (after line 32), after item 9, insert:

9A  Subsection 38A(9)

Omit “services under”, substitute “at least one service under each of”.

(10)  Schedule 2, item 15, page 16 (after line 9), after subsection 40(12), insert:

Licence condition

      (13)    If the ACMA allocates a commercial television broadcasting licence under subsection (1), the licence is subject to the condition that the licensee may only provide the commercial television broadcasting service concerned in digital mode (within the meaning of Schedule 4).

(11)  Schedule 2, item 17, page 17 (line 15), after “period”, insert “, or a simulcast-equivalent period,”.

(12)  Schedule 2, item 17, page 17 (line 24), after “period”, insert “, or a simulcast-equivalent period,”.

(13)  Schedule 2, item 29, page 19 (after line 31), after paragraph 7(1)(mb), insert:

          (mc)    subject to subclauses (5), (6) and (7), if:

                   (i)    the licence was allocated under section 38A or 38B; and

                  (ii)    there is a simulcast-equivalent period for the licence area of the licence;

                      the licensee will provide a HDTV multi-channelled commercial television broadcasting service during the simulcast-equivalent period for the licence area;

(14)  Schedule 2, item 40, page 21 (line 3), omit “and (mb)”, substitute “, (mb) and (mc)”.

(15)  Schedule 2, item 40, page 21 (line 8), omit “Paragraph (1)(ma) does not apply”, substitute “Paragraphs (1)(ma) and (mc) do not apply”.

(16)  Schedule 2, item 40, page 21 (line 13), omit “Paragraph (1)(mb) does not apply”, substitute “Paragraphs (1)(mb) and (mc) do not apply”.

(17)  Schedule 2, item 40, page 21 (line 19), after “(mb)”, insert “, (mc)”.

(18)  Schedule 2, items 47 and 48, page 22 (lines 12 to 25), omit the items, substitute:

47  Clause 2 of Schedule 4 (definition of simulcast-equivalent period)

Repeal the definition, substitute:

simulcast-equivalent period:

             (a)    in relation to a commercial television broadcasting service—has the meaning given by clause 4C; or

             (b)    in relation to a national television broadcasting service—has the meaning given by clause 4D.

48  After clause 4B of Schedule 4

Insert:

4C  Simulcast-equivalent period for a licence area

If there is no simulcast period for a licence area of a commercial television broadcasting licence, the ACMA may, by legislative instrument, declare that a specified period is the simulcast-equivalent period for the licence area.

(19)  Schedule 2, page 24 (after line 16), after item 50, insert:

50A  After subclause 6(5B) of Schedule 4

Insert:

  (5BA)    An election made under subclause (5A) or (5AA) remains in force until:

             (a)    it is revoked, by written notice given to the ACMA, by:

                   (i)    if neither of the licences referred to in whichever of paragraph (5A)(a) or (5AA)(a) is applicable has been transferred since the making of the election—the holder of the licence allocated under section 38A or 38B; or

                  (ii)    if the licence allocated under section 38A or 38B has been transferred since the making of the election—the holder of that licence; or

                 (iii)    if a parent licence referred to in whichever of section 38A or 38B is applicable has been transferred since the making of the election—the holder of that parent licence; and

             (b)    the ACMA approves the revocation under clause 7B.

50B  Paragraph 6(7C)(b) of Schedule 4

Omit “in writing”, substitute “under clause 7B”.

50C  Subclauses 6(7D) and (7E) of Schedule 4

Repeal the subclauses.

50D  Subparagraph 6(7F)(b)(ii) of Schedule 4

Omit “the other”, substitute “each other”.

(20)  Schedule 2, page 24 (after line 31), after item 51, insert:

51A  After clause 7A of Schedule 4

Insert:

7B  Revocation of multi-channelling election

Scope

        (1)    This clause applies if a commercial television broadcasting licensee gives the ACMA a notice of revocation under subclause 6(5BA) or (7C).

Approval of revocation

        (2)    If the ACMA is satisfied that there is sufficient radiofrequency spectrum available, the ACMA must, by notice in writing given to the licensee:

             (a)    approve the revocation; and

             (b)    specify a day as the day on which the revocation takes effect; and

             (c)    vary the relevant digital channel plan under the commercial television conversion scheme to allot a channel to the licensee.

        (3)    For the purposes of subclause (2), any part of the spectrum covered by a determination under subsection 34(3) is taken not to be available.

        (4)    The ACMA may, before the day specified under paragraph (2)(b), by notice in writing, vary the day on which the revocation takes effect.

Refusal to approve revocation

        (5)    If the ACMA refuses to approve the revocation, the ACMA must give written notice of the refusal to the licensee.

(21)  Schedule 2, item 70, page 29 (line 9), after “period”, insert “, or the simulcast-equivalent period,”.

(22)  Schedule 2, item 74, page 30 (line 18), after “period”, insert “, or the simulcast-equivalent period,”.

(23)  Schedule 2, item 85, page 34 (line 8), after “period”, insert “, or a simulcast-equivalent period,”.

(24)  Schedule 2, item 85, page 34 (line 30), after “period”, insert “, or a simulcast-equivalent period,”.

(25)  Schedule 2, item 85, page 35 (line 24), after “period”, insert “, or a simulcast-equivalent period,”.

(26)  Schedule 2, item 85, page 36 (line 1), after “captioning service”, insert “for the program”.

(27)  Schedule 2, item 85, page 36 (line 6), after “period”, insert “, or a simulcast-equivalent period,”.

(28)  Schedule 2, item 85, page 36 (line 18), after “captioning service”, insert “for the program”.

(29)  Schedule 2, item 86, page 37 (line 13), at the end of the heading to clause 41C, add “etc.”.

(30)  Schedule 2, item 86, page 37 (line 17), after “period”, insert “, or a simulcast-equivalent period,”.

(31)  Schedule 2, item 87, page 38 (line 23), at the end of the heading to clause 41J, add “etc.”.

(32)  Schedule 2, item 87, page 38 (line 26), after “period”, insert “, or a simulcast-equivalent period,”.

(33)  Schedule 2, page 41 (after line 14), after item 90, insert:

90A  Subsection 102(2D)

After “transmitting”, insert “, in digital mode,”

90B  Subsection 102(2D)

After “service”, insert “or services”.

90C  Subsection 102(2D)

After “the licence”, insert “(the related licence)”.

90D  After subsection 102(2E)

Insert:

   (2EA)    If the related licence is transferred, the new transmitter licence is taken to be issued to the person to whom the related licence is transferred.

90E  After subsection 102(2F)

Insert:

      (2G)    If:

             (a)    under subclause 6(5BA) of Schedule 4 to the Broadcasting Services Act 1992, the licensee of a commercial television broadcasting licence (the related licence) gives the ACMA a notice of revocation of an election; and

             (b)    the ACMA approves the revocation under clause 7B of Schedule 4 to that Act;

                 the ACMA must issue to the licensee of the related licence a new transmitter licence that authorises the operation of one or more specified radiocommunications transmitters for transmitting commercial television broadcasting services in digital mode in accordance with the related licence.

     (2H)    The new transmitter licence comes into force on the day on which the revocation takes effect.

       (2J)    If the related licence is transferred, the new transmitter licence is taken to be issued to the person to whom the related licence is transferred.

90F  Paragraph 102(3)(b)

After “service”, insert “ or services”.

(34)  Schedule 2, page 41 (after line 16), after item 91, insert:

91A  Subsection 102A(2D)

After “licensee” (first occurring), insert “of a commercial television broadcasting licence (the related licence)”.

91B  Subsection 102A(2D)

After “service”, insert “or services”.

(35)  Schedule 2, Part 1, page 42 (after line 24), at the end of the Part, add:

92A  Subsection 103(1)

After “apparatus licence”, insert “(other than an apparatus licence issued under subsection 102(2D), 102(2G) or 102A(2D))”.

92B  Subsection 103(4)

Omit “ or 102A”.

92C  Subsection 103(4A)

Omit “section 102”, substitute “subsection 102(1)”.

92D  Paragraphs 103(4A)(a) and (b)

Omit “section”, substitute “subsection”.

92E  After subsection 103(4B)

Insert:

      (4C)    A transmitter licence issued under subsection 102(2D):

             (a)    subject to paragraph (b), continues in force while the related licence referred to in that subsection remains in force; and

             (b)    does not have effect while the related licence referred to in that subsection is suspended.

     (4D)    A transmitter licence issued under subsection 102(2G):

             (a)    subject to paragraph (b), continues in force while the related licence referred to in that subsection remains in force; and

             (b)    does not have effect while the related licence referred to in that subsection is suspended.

      (4E)    A transmitter licence issued under subsection 102A(1):

             (a)    subject to paragraph (b), continues in force while the related licence referred to in that subsection remains in force; and

             (b)    does not have effect while the related licence referred to in that subsection is suspended.

      (4F)    A transmitter licence issued under subsection 102A(2D):

             (a)    subject to paragraph (b), continues in force while the related licence referred to in that subsection remains in force; and

             (b)    does not have effect while the related licence referred to in that subsection is suspended.

(36)  Schedule 2, page 43 (after line 17), after item 93, insert:

93A Approval of revocation of multi-channelling election etc.

(1)    This item applies to a notice that was given under subclause 6(7D) of Schedule 4 to the Broadcasting Services Act 1992 before the commencement of this item.

(2)    The notice has effect, after the commencement of this item, as if it had been given under subclause 7B(2) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

93B  Variation of the day on which a revocation of a multi-channelling election takes effect

(1)    This item applies to a notice given under subclause 6(7E) of Schedule 4 to the Broadcasting Services Act 1992 before the commencement of this item.

(2)    The notice has effect, after the commencement of this item, as if it had been given under subclause 7B(4) of Schedule 4 to the Broadcasting Services Act 1992 as amended by this Schedule.

93C  Variation of program standards

(1)    This item applies to a variation by the ACMA of a program standard if:

             (a)    the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and

             (b)    either:

                   (i)    the variation was made before the commencement of this item in accordance with section 4 of the Acts Interpretation Act 1901; or

                  (ii)    the variation is made within 30 days after the commencement of this item.

(2)    Section 126 of the Broadcasting Services Act 1992 does not apply to the variation.

(3)    Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.

(4)    The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s Internet site for a period of at least 5 business days.

93D  Variation of commercial television conversion scheme

(1)    This item applies to a variation by the ACMA of the commercial television conversion scheme if:

             (a)    the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and

             (b)    either:

                   (i)    the variation was made before the commencement of this item in accordance with section 4 of the Acts Interpretation Act 1901; or

                  (ii)    the variation is made within 30 days after the commencement of this item.

(2)    Clause 18 of Schedule 4 to the Broadcasting Services Act 1992 does not apply to the variation.

(3)    Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.

(4)    The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s Internet site for a period of at least 5 business days.

93E  Variation of national television conversion scheme

(1)    This item applies to a variation by the ACMA of the national television conversion scheme if:

             (a)    the variation deals with transitional and/or consequential matters in connection with the amendments made by this Schedule; and

             (b)    either:

                   (i)    the variation was made before the commencement of this item in accordance with section 4 of the Acts Interpretation Act 1901; or

                  (ii)    the variation is made within 30 days after the commencement of this item.

(2)    Clause 33 of Schedule 4 to the Broadcasting Services Act 1992 does not apply to the variation.

(3)    Section 17 of the Legislative Instruments Act 2003 does not apply to the variation.

(4)    The ACMA must not make the variation unless a copy of the proposed variation was made available on the ACMA’s Internet site for a period of at least 5 business days.

(37)  Schedule 3, page 45 (after line 13), after item 2, insert:

2A  After subsection 26A(1)

Insert:

     (1A)    If:

             (a)    a commercial television broadcasting licence for a licence area was in force immediately before 1 January 2007; and

             (b)    the licence authorises the licensee to provide a SDTV multi-channelled commercial television broadcasting service in the licence area;

                 the relevant licence area plan is not required to deal with the SDTV multi-channelled commercial television broadcasting service.

2B  Subsection 26A(2)

Omit “Subsection (1) ceases”, substitute “Subsections (1) and (1A) cease”.

2C  Subsection 26A(3)

Insert:

SDTV multi-channelled commercialtelevision broadcasting service has the same meaning as in Schedule 4.

(38)  Schedule 3, page 45 (after line 13), after item 2, insert:

2D  Paragraph 38B(21A)(c)

Omit “one or both”, substitute “any or all”.

2E  Subsection 38B(21B)

Omit “a commercial”, substitute “at least one commercial”.

(39)  Schedule 3, page 49 (after line 6), after item 6, insert:

6A  Paragraph 7(1)(p) of Schedule 2

After “section”, insert “101B, 101C,”.

(40)  Schedule 3, item 14, page 51 (line 14), at the end of the heading to clause 41A, add “etc.”.

(41)  Schedule 3, item 14, page 51 (line 18), after “period”, insert “, or a simulcast-equivalent period,”.

(42)  Schedule 3, item 14, page 52 (line 20), at the end of the heading to clause 41B, add “etc.”.

(43)  Schedule 3, item 14, page 52 (line 25), after “period”, insert “, or a simulcast-equivalent period,”.

(44)  Schedule 3, item 15, page 54 (line 3), at the end of the heading to clause 41D, add “etc.”.

(45)  Schedule 3, item 15, page 54 (line 8), after “period”, insert “, or a simulcast-equivalent period,”.

(46)  Schedule 3, item 15, page 55 (line 13), at the end of the heading to clause 41E, add “etc.”.

(47)  Schedule 3, item 15, page 55 (line 16), after “period”, insert “, or the simulcast-equivalent period,”.

(48)  Schedule 3, item 15, page 56 (line 24), at the end of the heading to clause 41F, add “etc.”.

(49)  Schedule 3, item 15, page 56 (line 27), after “period”, insert “, or the simulcast-equivalent period,”.

(50)  Schedule 3, item 15, page 57 (line 30), at the end of the heading to subclause 41G(1), add “etc.”.

(51)  Schedule 3, item 15, page 57 (line 35), after “period”, insert “, or the simulcast-equivalent period,”.

(52)  Schedule 3, item 15, page 58 (line 3), at the end of the heading to subclause 41G(2), add “etc.”.

(53)  Schedule 3, item 15, page 58 (line 7), after “period”, insert “, or the simulcast-equivalent period,”.

(54)  Schedule 3, item 16, page 58 (line 14), at the end of the heading to clause 41K, add “etc.”.

(55)  Schedule 3, item 16, page 58 (line 17), after “period”, insert “, or the simulcast-equivalent period,”.

(56)  Schedule 3, item 16, page 59 (line 24), at the end of the heading to cl