Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

The Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 implements the government’s policy to achieve the digital switch-over by the end of 2013. The bill does not change the objectives of the existing legislative framework for digital television under the Broadcasting Services Act. Rather, these amendments to the act will give the government greater flexibility within the existing framework to deal with the unique challenges of the digital television switch-over in Australia.

The bill will enable the government to set a phased, region-by-region switch-over timetable for the transition to digital-only television. This will allow the switch-over process to be carefully managed across the country and to ensure that everyone who currently receives analog free-to-air television will be able to receive digital free-to-air television by the time the switch-over is completed in December 2013.

The bill provides for the Minister for Broadband, Communications and the Digital Economy to determine, by legislative instrument, local market areas for switch-over. This will allow areas smaller than television licence areas to be the basis of a switch-over timetable. This will enable the government’s switch-over program to better reflect local market conditions and circumstances. The bill gives the minister power to determine switch-over dates for those local market areas and for television licence areas. The bill will also allow switch-over dates to be brought forward in some areas if this is considered appropriate. Currently, the simulcast period can only be extended.

The bill provides for switch-over dates for a particular area to be varied by up to three months before or after the date originally determined by the minister. This will allow the government to identify a six-month window for switch-over in a particular local market or licence area and for the switch-over date to be finalised in response to local issues as they arise. The government is required to consult ACMA before making or varying a determination. The government will also be advised by the Digital Switchover Taskforce on decisions to vary switch-over dates within the six-month window. The bill also provides for significant and unforeseen events that could make it technically difficult for a broadcaster to commence digital-only broadcasting by the determined date. In such cases, the switch-over date can be extended by more than three months. However, there can be no extension to the switch-over date beyond 30 June 2014.

The bill sets firm dates for the timing of two existing statutory reviews, to provide certainty for industry and to reflect the government’s switch-over program. A review concerning the content and captioning rules applicable to commercial television multichannels will be conducted before 1 January 2010. This review will include consideration of the effect of a staggered switch-over timetable on broadcaster obligations. A review concerning the allocation of new commercial television broadcasting licences will occur before 1 January 2012. This review is currently legislated to occur before switch-over begins.

Given the complex technical issues involved, responsibility for overseeing digital television switch-over in remote licence areas will be retained by ACMA in consultation with the Digital Switchover Taskforce. Consistent with metropolitan and non-remote regional areas, the bill requires switch-over in remote licence areas to occur by 31 December 2013.

I want to make a few comments about the proposed opposition amendments. The key difference between the approach of this government and that of the previous government with respect to digital television is that this government has actually set a date—not a target, not an ambition but a date. This firm timetable to implement switch-over has provided certainty for consumers and industry in the transition to digital. A firm switch-over timetable will give a strong focal point for information campaigns and will also help complementary industry campaigns such as the Freeview campaign which—as those who were lucky enough to be at the launch last week would know—is the most exciting development in free-to-air television in probably 50 years. It is probably even bigger than colour TV, I would say, Senator Minchin. I am sure you remember black-and-white television.