Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 (Cth)

Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 No. 113, 2017 Compilation No. 3 Compilation date: 1 September 2021 Includes amendments up to: Act No. 13, 2021 Registered: 25 October 2021 About this compilation This compilation This is a compilation of the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Abolition of the 75% audience reach rule Broadcasting Services Act 1992 Schedule 2—Abolition of the 2 out of 3 cross‑media control rule Broadcasting Services Act 1992 Schedule 3—Local programming requirements for regional commercial television broadcasting licensees Part 1—New local programming requirements Broadcasting Services Act 1992 Part 2—Abolition of old local programming requirements Broadcasting Services Act 1992 Schedule 4—Anti‑siphoning Part 1—Amendments Broadcasting Services Act 1992 Broadcasting Services (Events) Notice (No. 1) 2010 Part 2—Transitional Schedule 5—Abolition of licence fees and datacasting charges Part 1—Repeals Division 1—Repeals Broadcasting Services (Datacasting Charge) Regulations 2001 Datacasting Charge (Imposition) Act 1998 Datacasting Transmitter Licence Fees Act 2006 Radio Licence Fees Act 1964 Television Licence Fees Act 1964 Division 2—Application provisions Part 2—Amendments Division 1—Amendments Australian Communications and Media Authority Act 2005 Broadcasting Services Act 1992 Radiocommunications Act 1992 Division 2—Application provisions Division 3—Refund of overpayments Schedule 6—Taxation and transitional support payments Part 1—General amendments Australian Communications and Media Authority Act 2005 Broadcasting Services Act 1992 Radiocommunications Act 1992 Radiocommunications Taxes Collection Act 1983 Part 2—Termination of the liability of commercial broadcasters to pay transmitter licence tax Radiocommunications (Transmitter Licence Tax) Act 1983 Part 3—Transitional support payments Schedule 7—Review of taxation arrangements etc. Broadcasting Services Act 1992 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to amend legislation relating to broadcasting, and for other purposes 1 Short title This Act is the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 16 October 2017 2. Schedules 1 and 2 The day after this Act receives the Royal Assent. 17 October 2017 3. Schedule 3, Part 1 The day after this Act receives the Royal Assent. 17 October 2017 4. Schedule 3, Part 2 The day after the end of the period of 6 months beginning on the day after this Act receives the Royal Assent. 17 April 2018 5. Schedule 4 The day after this Act receives the Royal Assent. 17 October 2017 6. Schedule 5, item 1 The day after this Act receives the Royal Assent. 17 October 2017 7. Schedule 5, item 2 1 July 2016. 1 July 2016 8. Schedule 5, items 3 to 5 1 January 2017. 1 January 2017 9. Schedule 5, item 6 The day after this Act receives the Royal Assent. 17 October 2017 10. Schedule 5, item 7 1 July 2016. 1 July 2016 11. Schedule 5, items 8 to 10 1 January 2017. 1 January 2017 12. Schedule 5, Part 2 The day after this Act receives the Royal Assent. 17 October 2017 13. Schedule 6, Part 1 The day after this Act receives the Royal Assent. 17 October 2017 14. Schedule 6, Part 2 1 July 2017. 1 July 2017 15. Schedule 6, Part 3 The day after this Act receives the Royal Assent. 17 October 2017 16. Schedule 7 The day after this Act receives the Royal Assent. 17 October 2017 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Note: The provisions of the Broadcasting Services (Events) Notice (No. 1) 2010 amended or inserted by this Act, and any other provisions of that notice, may be amended or repealed by a legislative instrument made under section 115 of the Broadcasting Services Act 1992 (see subsection 13(5) of the Legislation Act 2003). Schedule 1—Abolition of the 75% audience reach rule Broadcasting Services Act 1992 1 Subsection 53(1) Repeal the subsection. 2 Subsection 53(2) Omit "(2)". 3 Subsections 55(1) and (2) Repeal the subsections. Schedule 2—Abolition of the 2 out of 3 cross‑media control rule Broadcasting Services Act 1992 1 Section 61AA (definition of unacceptable 3‑way control situation) Repeal the definition. 2 Section 61AEA Repeal the section. 3 Subdivision BA of Division 5A of Part 5 Repeal the Subdivision. 4 Section 61ANA Repeal the section. 5 Subsection 61AP(1) Omit "or 61ANA". 6 Subsection 61AP(3A) Repeal the subsection. 7 Paragraph 61AP(6)(c) Omit "or 61ANA, as the case may be". 8 Paragraph 61AQ(1)(a) Omit "or 61ANA". 9 Subsection 61AR(1) Omit "or 61ANA". 10 Paragraph 61AS(1)(b) Omit "area;", substitute "area.". 11 Paragraph 61AS(1)(c) Repeal the paragraph. 12 Subparagraph 61AZ(1)(b)(ii) Omit "and". 13 Paragraph 61AZ(1)(c) Repeal the paragraph. 14 Subsection 204(1) (table) Omit: Refusal to approve transaction or determination of period of approval Section 61AJ or 61AMC The applicant for approval Refusal to extend time for compliance Section 61AK or 61AMD The applicant substitute: Refusal to approve transaction or determination of period of approval Section 61AJ The applicant for approval Refusal to extend time for compliance Section 61AK The applicant 15 Section 205Q Omit "26AA, 61AH or 61AMB", substitute "26AA or 61AH". Schedule 3—Local programming requirements for regional commercial television broadcasting licensees Part 1—New local programming requirements Broadcasting Services Act 1992 1 After Division 5C of Part 5 Insert: Division 5D—Local programming requirements for regional commercial television broadcasting licensees 61CU Definitions In this Division: eligible period has the meaning given by section 61CY. local area: the local programming determination may provide that a specified area is a local area in relation to a specified regional commercial television broadcasting licence. local programming determination means the determination made under section 61CZ. material of local significance, in relation to a local area, has the meaning given by the local programming determination. The definition of material of local significance must be broad enough to cover news that relates directly to the local area concerned. points: see section 61CY. regional aggregated commercial television broadcasting licence means a commercial television broadcasting licence for any of the following licence areas: (a) Northern New South Wales TV1; (b) Southern New South Wales TV1; (c) Regional Victoria TV1; (d) Eastern Victoria TV1; (e) Western Victoria TV1; (f) Regional Queensland TV1; (g) Tasmania TV1. regional commercial television broadcasting licence means: (a) a regional aggregated commercial television broadcasting licence; or (b) a regional non‑aggregated commercial television broadcasting licence. regional non‑aggregated commercial television broadcasting licence means a commercial television broadcasting licence for any of the following licence areas: (a) Broken Hill TV1; (b) Darwin TV1; (c) Geraldton TV1; (d) Griffith and MIA TV1; (e) Kalgoorlie TV1; (f) Mildura/Sunraysia TV1; (g) Mount Gambier/South East TV1; (h) Mt Isa TV1; (i) Remote and Regional WA TV1; (j) Riverland TV1; (k) South West and Great Southern TV1; (l) Spencer Gulf TV1. timing period has the meaning given by section 61CY. trigger event has the meaning given by section 61CV. week means a period of 7 days starting on a Sunday. 61CV Trigger event For the purposes of this Division, if: (a) a person starts to be in a position to exercise control of a commercial television broadcasting licence; and (b) immediately after that event: (i) the person is in a position to exercise control of 2 or more commercial television broadcasting licences; and (ii) the combined licence area populations of those licences exceed 75% of the population of Australia; and (iii) at least one of those licences is a regional commercial television broadcasting licence; that event is a trigger event for each of those licences that is a regional commercial television broadcasting licence. 61CW Local programming requirements for regional aggregated commercial television broadcasting licensees Trigger event occurs—ongoing requirements (1) If: (a) a trigger event for a regional aggregated commercial television broadcasting licence occurs on a particular day; and (b) that event is the first or only trigger event for the licence; the licensee must broadcast, to each local area, material of local significance in order to accumulate at least: (c) 900 points in each timing period that begins after the end of the period of 6 months beginning on that day; and (d) 120 points in each week that is included in a timing period covered by paragraph (c). Trigger event occurs—transitional requirements (2) If: (a) a trigger event for a regional aggregated commercial television broadcasting licence occurs on a particular day; and (b) that event is the first or only trigger event for the licence; the licensee must broadcast, to each local area, material of local significance in order to accumulate at least: (c) 720 points in each timing period that: (i) begins before the end of the period of 6 months beginning on that day; and (ii) does not end before that day; and (iii) begins after the end of the period of 6 months beginning at the commencement of this subsection; and (d) 90 points in each week that is included in a timing period covered by paragraph (c). Note: The Broadcasting Services (Additional Television Licence Condition) Notice 2014 imposes local programming requirements for a timing period that begins before the end of the period of 6 months beginning at the commencement of this subsection. No trigger event has occurred (3) If no trigger event for a regional aggregated commercial television broadcasting licence has occurred, the licensee must broadcast, to each local area, material of local significance in order to accumulate at least: (a) 720 points in each timing period that begins after the end of the period of 6 months beginning at the commencement of this subsection; and (b) 90 points in each week that is included in a timing period covered by paragraph (a). Note: The Broadcasting Services (Additional Television Licence Condition) Notice 2014 imposes local programming requirements for a timing period that begins before the end of the period of 6 months beginning at the commencement of this subsection. 61CX Local programming requirements for regional non‑aggregated commercial television broadcasting licensees Trigger event occurs (1) If: (a) a trigger event for a regional non‑aggregated commercial television broadcasting licence occurs on a particular day; and (b) that event is the first or only trigger event for the licence; the licensee must broadcast, to each local area, material of local significance in order to accumulate at least: (c) 600 points in each timing period that begins after the end of the period of 6 months beginning on that day; and (d) 100 points in each week that is included in a timing period covered by paragraph (c). Exemption—licences granted under section 38A or 38B (2) Subsection (1) does not apply to a licence granted under section 38A or 38B. 61CY Points system Eligible periods (1) For the purposes of this Division, points are accumulated during the following eligible periods: (a) from 6:30 am to midnight on Monday to Friday; (b) from 8:00 am to midnight on Saturday and Sunday. Timing periods (2) For the purposes of this Division, points are calculated during the following timing periods: (a) the period of 6 weeks starting on the first Sunday in February in a year; (b) each subsequent period of 6 weeks until the end of the 42nd week after the first Sunday in February; (c) the period: (i) starting at the end of the 42nd week after the first Sunday in February; and (ii) ending immediately before the first Sunday in February in the following year. Note 1: A licensee is not able to accumulate points during the period specified in subsection (4). Note 2: See also subsection (9). Points for material of local significance (3) Subject to subsections (4) to (8), material of local significance accumulates points in a local area according to the following table. Points Item Material Points for each minute of material 1 News that: 3 (a) is broadcast during an eligible period by a licensee covered by subsection 61CW(1) or 61CX(1); and (b) has not previously been broadcast to the local area during an eligible period; and (c) depicts people, places or things in the local area; and (d) meets such other requirements (if any) as are set out in the local programming determination. 2 News that: 2 (a) is broadcast during an eligible period; and (b) has not previously been broadcast to the local area during an eligible period; and (c) relates directly to the local area; and (d) is not covered by item 1. 3 Other material that: 1 (a) is broadcast during an eligible period; and (b) except in the case of a community service announcement—has not previously been broadcast to the local area during an eligible period; and (c) relates directly to the local area. 4 News that: 1 (a) is broadcast during an eligible period; and (b) has not previously been broadcast to the local area during an eligible period; and (c) relates directly to the licensee's licence area. 5 Other material that: 1 (a) is broadcast during an eligible period; and (b) except in the case of a community service announcement—has not previously been broadcast to the local area during an eligible period; and (c) relates directly to the licensee's licence area. Limits on material in the timing period starting at the end of the 42nd week (4) For the timing period mentioned in paragraph (2)(c), points cannot be accumulated: (a) for 4 weeks from and including the week of the timing period that includes 15 December; and (b) for any week between the end of the tenth week of the timing period mentioned in paragraph (2)(c) and the beginning of the timing period mentioned in paragraph (2)(a). Note: See also subsection (10). Limits on material that relates directly to the licensee's licence area (5) Except for service licence numbers 104 and 106, not more than 50% of the points accumulated in a local area during a timing period is to be attributable to material that relates directly to the licensee's licence area. (6) For service licence numbers 104 and 106, not more than 50% of the points accumulated in a local area during a timing period is to be attributable to material that relates directly to the combined licence areas of the licensees for service licence numbers 104 and 106. Limits on community service announcements (7) Points may be accumulated in a local area for: (a) the first broadcast of a community service announcement in the area; and (b) not more than 4 repeats of the community service announcement in the area. (8) Despite subsection (7), not more than 10% of the points accumulated in a local area during a timing period is to be attributable to material of local significance in the form of community service announcements. (9) The local programming determination may, with the written consent of the licensee of a regional non‑aggregated commercial television broadcasting licence, modify subsection (2) so far as that subsection applies in relation to the licence. (10) The local programming determination may, with the written consent of the licensee of a regional non‑aggregated commercial television broadcasting licence, modify subsection (4) so far as that subsection applies in relation to the licence. 61CZ Local programming determination (1) The ACMA may, by legislative instrument, make a determination (the local programming determination) prescribing matters required or permitted by this Act to be prescribed by the local programming determination. (2) The ACMA must take all reasonable steps to ensure that the local programming determination is in force under subsection (1) at all times after the end of the 6‑month period that began at the commencement of this section. 61CZA Record‑keeping requirements Scope (1) This section applies if the licensee of a regional commercial television broadcasting licence is subject to a requirement under section 61CW or 61CX. Requirements (2) The licensee must: (a) make a record, in audiovisual form, of material of local significance that the licensee has broadcast in any of its local areas; and (b) retain the record for: (i) 30 days after the end of the timing period to which the record relates; or (ii) if the ACMA directs the licensee to retain the record for a longer period—that longer period; and (c) on request by the ACMA, provide the ACMA with access to the record. (3) The licensee must comply with any directions by the ACMA about: (a) what a record made under subsection (2) must cover; or (b) how the record must be made or retained. 61CZB Licensee must submit compliance reports Scope (1) This section applies if: (a) a trigger event for a regional commercial television broadcasting licence occurs on a particular day; and (b) that event is the first or only trigger event for the licence. Reports (2) The licensee must give to the ACMA: (a) a report covering the licensee's compliance with the requirements of this Division during the 12‑month period (the initial reporting period) beginning immediately after the end of the 6‑month period that began on the day the trigger event happened; and (b) a report covering the licensee's compliance with the requirements of this Division during the 12‑month period beginning immediately after the end of the initial reporting period. Timing of reports (3) The licensee must give a copy of a report under this section to the ACMA within 28 days of the end of the period covered by the report. Other requirements (4) A report under this section must: (a) be in a form approved in writing by the ACMA; and (b) set out such information as the ACMA requires. 61CZC Review of local programming requirements (1) The ACMA must: (a) conduct a review of the following matters: (i) the operation of this Division; (ii) the operation of the local programming determination; (iii) the operation of paragraph 7(2)(ba) of Schedule 2; and (b) do so within 30 months after the commencement of this section. (2) The ACMA must prepare a report of the review under subsection (1). (3) The ACMA must give the report to the Minister. (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. 61CZD Minister may direct the ACMA about the exercise of its powers (1) The Minister may, by legislative instrument, give a direction to the ACMA about the exercise of the powers conferred on the ACMA by this Division (other than section 61CZC). (2) The ACMA must comply with a direction under subsection (1). 2 After paragraph 7(2)(b) of Schedule 2 Insert: (ba) if a requirement under Division 5D of Part 5 (which sets out local programming requirements) applies to the licensee—the licensee will comply with that requirement; Part 2—Abolition of old local programming requirements Broadcasting Services Act 1992 3 Section 43A Repeal the section. 4 Revocation of the Broadcasting Services (Additional Television Licence Condition) Notice 2014 (1) The ACMA is taken: (a) to have revoked the Broadcasting Services (Additional Television Licence Condition) Notice 2014; and (b) to have done so under subsection 43(1) of the Broadcasting Services Act 1992 immediately after the commencement of this item. (2) Subsections 43(2) and (3) of the Broadcasting Services Act 1992 do not apply to a revocation under subitem (1). (3) Despite the revocation of the Broadcasting Services (Additional Television Licence Condition) Notice 2014 by this item, that notice continues to apply, in relation to material broadcast during: (a) a timing period that began before the commencement of this item; or (b) a week that is included in a timing period covered by paragraph (a); as if that revocation had not happened. Schedule 4—Anti‑siphoning Part 1—Amendments Broadcasting Services Act 1992 1 Subsection 115(1AA) Omit "2,016", substitute "4,368". 2 Paragraph 7(1)(ob) of Schedule 2 Repeal the paragraph. 3 Clause 1 of Schedule 4 Omit: Commercial television licensees and national broadcasters who provide SDTV or HDTV multi‑channelled television broadcasting services are subject to restrictions regarding the televising of anti‑siphoning events and parts of anti‑siphoning events. 4 Part 4A of Schedule 4 (heading) Repeal the heading, substitute: Part 4A—Primary television broadcasting services 5 Clause 41E of Schedule 4 Repeal the clause. 6 Clause 41FA of Schedule 4 Repeal the clause. 7 Clause 41K of Schedule 4 Repeal the clause. 8 Clause 41LA of Schedule 4 Repeal the clause. Broadcasting Services (Events) Notice (No. 1) 2010 9 Schedule Repeal the Schedule, substitute: Schedule 1 Olympic Games (1) Each event held as part of the Summer Olympic Games, including the Opening Ceremony and the Closing Ceremony. (2) Each event held as part of the Winter Olympic Games, including the Opening Ceremony and the Closing Ceremony. 2 Commonwealth Games Each event held as part of the Commonwealth Games, including the Opening Ceremony and the Closing Ceremony. 3 Horse racing Each running of the Melbourne Cup organised by the Victoria Racing Club. 4 Australian rules football Each match in the Australian Football League Premiership competition (including the Finals Series). 5 Rugby league football (1) Each match in the National Rugby League Premiership competition (including the Finals Series). (2) Each match in the National Rugby League State of Origin Series. (3) Each international rugby league test match that: (a) involves the senior Australian representative team; and (b) is played in Australia or New Zealand. (4) Each match of the Rugby League World Cup that: (a) involves the senior Australian representative team; and (b) is played in Australia, New Zealand or Papua New Guinea. 6 Rugby union football (1) Each international test match that: (a) involves the senior Australian representative team selected by the Australian Rugby Union; and (b) is played in Australia or New Zealand. (2) Each match of the Rugby World Cup tournament that involves the senior Australian representative team selected by the Australian Rugby Union. (3) The final of the Rugby World Cup tournament. 7 Cricket (1) Each test match that: (a) involves the senior Australian representative team selected by Cricket Australia; and (b) is played in Australia. (2) Each test match that: (a) involves both: (i) the senior Australian representative team selected by Cricket Australia; and (ii) the senior English representative team; and (b) is played in the United Kingdom. (3) Each one day cricket match that: (a) involves the senior Australian representative team selected by Cricket Australia; and (b) is played in Australia. (4) Each Twenty20 cricket match that: (a) involves the senior Australian representative team selected by Cricket Australia; and (b) is played in Australia. (5) Each match of the International Cricket Council One Day International World Cup that: (a) involves the senior Australian representative team selected by Cricket Australia; and (b) is played in Australia or New Zealand. (6) The final of the International Cricket Council One Day International World Cup if the final is played in Australia or New Zealand. (7) Each match of the International Cricket Council World Twenty20 tournament that: (a) involves the senior Australian representative team selected by Cricket Australia; and (b) is played in Australia or New Zealand. (8) The final of the International Cricket Council World Twenty20 tournament if the final is played in Australia or New Zealand. 8 Soccer (1) Each match of the Fédération Internationale de Football Association World Cup tournament that involves the senior Australian representative team selected by the Football Federation Australia. (2) The final of the Fédération Internationale de Football Association World Cup tournament. (3) Each match in the Fédération Internationale de Football Association World Cup Qualification tournament that: (a) involves the senior Australian representative team selected by the Football Federation Australia; and (b) is played in Australia. 9 Tennis (1) Each match in the Australian Open tennis tournament. (2) Each match in each tie of the International Tennis Federation Davis Cup World Group tennis tournament that: (a) involves an Australian representative team; and (b) is played in Australia. (3) The final of the International Tennis Federation Davis Cup World Group tennis tournament if the final involves an Australian representative team. 10 Netball (1) A semi‑final of the Netball World Cup if the semi‑final involves the senior Australian representative team selected by the All Australian Netball Association. (2) The final of the Netball World Cup if the final involves the senior Australian representative team selected by the All Australian Netball Association. 11 Motor sports (1) Each race in the Fédération Internationale de l'Automobile Formula One World Championship (Grand Prix) held in Australia. (2) Each race in the Fédération Internationale de Motocyclisme Moto‑GP held in Australia. (3) Each Bathurst 1000 race in the V8 Supercars Championship Series. Part 2—Transitional 10 Transitional—subsection 115(1AA) of the Broadcasting Services Act 1992 (1) The amendment made by item 1 applies in relation to events: (a) specified in a notice under subsection 115(1) of the Broadcasting Services Act 1992 before the commencement of that item and still specified in the notice at that commencement; or (b) specified in a notice under subsection 115(1) of the Broadcasting Services Act 1992 at or after the commencement of that item. (2) However, if the amendment made by item 1 would have the effect that an event is taken to have been removed from a notice before the commencement of that item, then, despite that amendment, the event is taken to have been removed from the notice only from the time immediately after the commencement of that item. Schedule 5—Abolition of licence fees and datacasting charges Part 1—Repeals Division 1—Repeals Broadcasting Services (Datacasting Charge) Regulations 20