Commonwealth: Broadcasting Legislation Amendment (Digital Radio) Act 2007 (Cth)

Broadcasting Legislation Amendment (Digital Radio) Act 2007 No. 68 of 2007 as amended This compilation was prepared on 15 July 2008 [This Act was amended by Act No. 73 of 2008] Amendments from Act No. 73 of 2008 [Schedule 2 (item 1) amended item 148 of Schedule 1 Schedule 2 (item 1) commenced immediately after 29 May 2007] Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments commencing on the day after Royal Assent Part 1—Amendments Broadcasting Services Act 1992 Radiocommunications Act 1992 Trade Practices Act 1974 Part 2—Transitional provisions Schedule 2—Other amendments Radiocommunications Act 1992 Trade Practices Act 1974 An Act to amend the law relating to broadcasting, and for other purposes [Assented to 28 May 2007] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Broadcasting Legislation Amendment (Digital Radio) Act 2007. 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 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 28 May 2007 2. Schedule 1 The day after this Act receives the Royal Assent. 29 May 2007 3. Schedule 2 The later of: 19 July 2007 (a) immediately after the commencement of Schedule 1 to this Act; and (paragraph (b) applies) (b) immediately after the commencement of section 155AAA of the Trade Practices Act 1974. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments commencing on the day after Royal Assent Part 1—Amendments Broadcasting Services Act 1992 1 Subsection 6(1) Insert: analog commercial radio broadcasting service means a commercial radio broadcasting service that is transmitted using an analog modulation technique. 2 Subsection 6(1) Insert: analog community radio broadcasting service means a community radio broadcasting service that is transmitted using an analog modulation technique. 3 Subsection 6(1) (definition of broadcasting services bands) Repeal the definition, substitute: broadcasting services bands means: (a) that part of the radiofrequency spectrum that: (i) is designated under subsection 31(1) of the Radiocommunications Act 1992 as being primarily for broadcasting purposes; and (ii) is referred by the Minister under that subsection to the ACMA for planning; and (b) that part of the radiofrequency spectrum that: (i) is designated under subsection 31(1A) of the Radiocommunications Act 1992 as being partly for the purpose of digital radio broadcasting services and restricted datacasting services; and (ii) is referred by the Minister under that subsection to the ACMA for planning. 4 Subsection 6(1) (definition of commercial radio broadcasting licence) Repeal the definition, substitute: commercial radio broadcasting licence means a licence under Part 4 to provide: (a) in the case of a licence allocated under subsection 40(1)—a commercial radio broadcasting service; or (b) in any other case—the commercial radio broadcasting service or services that, under section 41D, are authorised by the licence. 5 Subsection 6(1) Insert: commercial radio broadcasting service means a commercial broadcasting service that provides radio programs. 6 Subsection 6(1) (paragraph (a) of the definition of commercial television broadcasting licence) Omit "and", substitute "or". 7 Subsection 6(1) (definition of community broadcasting licence) Repeal the definition, substitute: community broadcasting licence means: (a) a community radio broadcasting licence; or (b) a community television broadcasting licence. 8 Subsection 6(1) Insert: community radio broadcasting licence means: (a) a licence under Part 6 to provide: (i) in the case of a licence allocated under subsection 82(1)—a community radio broadcasting service; or (ii) in the case of a designated community radio broadcasting licence—the community radio broadcasting service or services that, under section 85A, are authorised by the licence; or (iii) in any other case—a community radio broadcasting service; or (b) a licence under Part 6A to provide a community radio broadcasting service. 9 Subsection 6(1) Insert: community radio broadcasting service means a community broadcasting service that provides radio programs. 10 Subsection 6(1) Insert: community television broadcasting licence means a licence under Part 6 or 6A to provide a community broadcasting service that provides television programs. 11 Subsection 6(1) Insert: designated community radio broadcasting licence has the meaning given by section 8AA. 12 Subsection 6(1) Insert: digital commercial radio broadcasting service means a commercial radio broadcasting service that is transmitted using a digital modulation technique. 13 Subsection 6(1) Insert: digital community radio broadcasting service means a community radio broadcasting service that is transmitted using a digital modulation technique. 14 Subsection 6(1) Insert: digital national radio broadcasting service means a national radio broadcasting service that is transmitted using a digital modulation technique. 15 Subsection 6(1) Insert: digital program enhancement content, in relation to a radio program, means content: (a) in the form of text; or (b) in the form of still visual images; or (c) if a form is specified in a legislative instrument made by the Minister—in that form; or (d) in any combination of the above forms; where: (e) the content is transmitted using a digital modulation technique; and (f) both the content and the radio program are intended to be received by the same reception equipment; and (g) if: (i) the reception equipment is capable of receiving both the content and the radio program; and (ii) the reception equipment is set to receive the radio program; the reception equipment will also receive the content. 16 Subsection 6(1) Insert: digital radio moratorium period for a licence area has the meaning given by subsection 35C(3). 17 Subsection 6(1) Insert: digital radio multiplex transmitter licence has the same meaning as in the Radiocommunications Act 1992. 18 Subsection 6(1) Insert: digital radio start‑up day for a licence area has the meaning given by section 8AC. 19 Subsection 6(1) Insert: foundation digital radio multiplex transmitter licence has the same meaning as in the Radiocommunications Act 1992. 20 Subsection 6(1) (at the end of the definition of licence area) Add: Note: See also section 8AD, which deals with deemed radio broadcasting licence areas. 21 Subsection 6(1) Insert: multiplex capacity has the same meaning as in Division 4B of Part 3.3 of the Radiocommunications Act 1992. 22 Subsection 6(1) Insert: national radio broadcasting service means a national broadcasting service that provides radio programs. 23 Subsection 6(1) Insert: radio program has a meaning affected by section 8AB. 24 Subsection 6(1) Insert: restricted datacasting licence means a datacasting licence allocated as a result of an application for a restricted datacasting licence. 25 Subsection 6(1) Insert: restricted datacasting service means a datacasting service provided under, and in accordance with the conditions of, a restricted datacasting licence. 26 After section 8A Insert: 8AA Designated community radio broadcasting licence (1) For the purposes of this Act, a community radio broadcasting licence is a designated community radio broadcasting licence if: (a) the community radio broadcasting licence was allocated under Part 6 (other than under subsection 82(1)); and (b) the licence area of the community radio broadcasting licence is the same as the licence area of a commercial radio broadcasting licence; and (c) the community radio broadcasting service or services provided under the community radio broadcasting licence satisfy such conditions (if any) as are set out in a legislative instrument made by the ACMA. Note: See also section 8AD, which deals with deemed radio broadcasting licence areas. (2) The Minister may, by legislative instrument, give the ACMA a direction about the exercise of the power conferred by paragraph (1)(c). (3) The ACMA must comply with a direction under subsection (2). 8AB Digital program enhancement content taken to be a radio program Commercial radio broadcasting services (1) For the purposes of this Act and any other law of the Commonwealth, if a commercial radio broadcasting licensee provides: (a) a digital commercial radio broadcasting service; and (b) digital program enhancement content in relation to a radio program delivered by that service; the digital program enhancement content is taken to be a radio program delivered by that service. Community radio broadcasting services (2) For the purposes of this Act and any other law of the Commonwealth, if a designated community radio broadcasting licensee provides: (a) a digital community radio broadcasting service; and (b) digital program enhancement content in relation to a radio program delivered by that service; the digital program enhancement content is taken to be a radio program delivered by that service. National radio broadcasting services (3) For the purposes of this Act and any other law of the Commonwealth, if a national broadcaster provides: (a) a digital national radio broadcasting service; and (b) digital program enhancement content in relation to a radio program delivered by that service; the digital program enhancement content is taken to be a radio program delivered by that service. 8AC Digital radio start‑up day (1) If the ACMA is satisfied that: (a) the ACMA has taken sufficient action under: (i) Part 3 of this Act; and (ii) Part 2.3 of the Radiocommunications Act 1992; to facilitate the provision of the following services in a licence area: (iii) digital commercial radio broadcasting services; (iv) digital community radio broadcasting services; (v) digital national radio broadcasting services; and (b) one or more foundation digital radio multiplex transmitter licences have been issued for the licence area; and (c) the multiplex capacity, or the combined multiplex capacities, of those licences are sufficient to fulfil the standard access entitlements that are likely to come into existence under subsection 118NQ(2) of the Radiocommunications Act 1992 in its application to the licence area; and (d) an access undertaking under Division 4B of Part 3.3 of the Radiocommunications Act 1992 is in force for the licence or licences referred to in paragraph (b); the ACMA may, by writing, declare a specified day to be the digital radio start‑up day for the licence area. (2) A day specified in a declaration under subsection (1) must not be earlier than the day on which the declaration is made. (3) The ACMA must ensure that: (a) the digital radio start‑up day for a metropolitan licence area is not later than 1 January 2009; and (b) the digital radio start‑up day for a regional licence area is the day specified for the regional licence area in a legislative instrument made by the Minister. (4) A copy of a declaration under subsection (1) must be made available on the ACMA's Internet site. (5) A declaration under subsection (1) is not a legislative instrument. ACMA to give notice of intention to make a declaration (6) Before making a declaration under subsection (1), the ACMA must, by notice published on the ACMA's Internet site, give at least 30 days' written notice of its intention to make the declaration. (7) A notice under subsection (6) is not a legislative instrument. Definitions (8) In this section: licence area means: (a) the licence area of a commercial radio broadcasting licence; or (b) the licence area of a community radio broadcasting licence, where that licence area is the same as the licence area of a commercial radio broadcasting licence. metropolitan licence area means a licence area in which is situated the General Post Office of the capital city of: (a) New South Wales; or (b) Victoria; or (c) Queensland; or (d) Western Australia; or (e) South Australia; or (f) Tasmania. regional licence area means a licence area that is not a metropolitan licence area. Note: See also section 8AD, which deals with deemed radio broadcasting licence areas. 8AD Deemed radio broadcasting licence areas Western Suburbs Sydney RA1 (1) For the purposes of: (a) section 8AC of this Act; and (b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and (c) the application of: (i) any other provision of this Act; or (ii) any other provision of the Radiocommunications Act 1992; or (iii) any other law of the Commonwealth; to digital commercial radio broadcasting services; the licence area known as Western Suburbs Sydney RA1 is taken to be the same as the commercial radio broadcasting licence area in which is situated the General Post Office of Sydney. Hobart RA2 and Hobart RA4 (2) For the purposes of: (a) sections 8AA and 8AC of this Act; and (b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and (c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the Radiocommunications Act 1992; and (d) the application of: (i) any other provision of this Act; or (ii) any other provision of the Radiocommunications Act 1992; or (iii) any other law of the Commonwealth; to digital community radio broadcasting services; the licence areas known as Hobart RA2 and Hobart RA4 are taken to be the same as the commercial radio broadcasting licence area in which is situated the General Post Office of Hobart. Other licence areas (3) The ACMA may, by legislative instrument, determine that, for the purposes of: (a) sections 8AA and 8AC of this Act; and (b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and (c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the Radiocommunications Act 1992; and (d) the application of: (i) any other provision of this Act; or (ii) any other provision of the Radiocommunications Act 1992; or (iii) any other law of the Commonwealth; to digital community radio broadcasting services; a specified licence area of a community radio broadcasting licence is taken to be the same as a specified licence area of a commercial radio broadcasting licence. (4) The Minister may, by legislative instrument, give the ACMA a direction about the exercise of the power conferred by subsection (3). (5) The ACMA must comply with a direction under subsection (4). 27 At the end of section 18 Add: (3) A digital commercial radio broadcasting service is not an open narrowcasting service. (4) A digital community radio broadcasting service is not an open narrowcasting service. (5) A digital national radio broadcasting service is not an open narrowcasting service. 28 Subsection 25(1) Omit "section 31", substitute "subsection 31(1)". 29 Subsection 25(1) After "broadcasting services", insert "or restricted datacasting services, or both,". 30 At the end of subsection 25(2) Add "prepared under subsection (1)". 31 After subsection 25(2) Insert: (2A) If the Minister has, under subsection 31(1A) of the Radiocommunications Act 1992, referred a part of the radiofrequency spectrum to the ACMA for planning, the ACMA must, by legislative instrument, prepare a frequency allotment plan that determines the number of channels that are to be available in particular areas of Australia to provide the following services using that part of the radiofrequency spectrum: (a) digital commercial radio broadcasting services; (b) digital community radio broadcasting services; (c) digital national radio broadcasting services; (d) restricted datacasting services. (2B) The ACMA may, by legislative instrument, vary a frequency allotment plan prepared under subsection (2A). 32 At the end of section 25 Add: (4) Sections 23, 24 and 27 do not apply in relation to the preparation or variation of a frequency allotment plan to the extent to which the frequency allotment plan or the variation, as the case may be, relates to any of the following services: (a) digital commercial radio broadcasting services; (b) digital community radio broadcasting services; (c) digital national radio broadcasting services; (d) restricted datacasting services. 33 Subsection 26(1) Omit "is to prepare in writing", substitute "must, by legislative instrument, prepare". 34 After subsection 26(1) Insert: (1A) To the extent to which a licence area plan deals with: (a) digital commercial radio broadcasting services; or (b) digital community radio broadcasting services; or (c) digital national radio broadcasting services; the licence area plan is not required to determine the technical specifications of those services. 35 Subsection 26(2) Omit "notice in writing", substitute "legislative instrument". 36 After section 26B Insert: 26C Licence area plans not required to deal with certain digital radio broadcasting services Commercial radio broadcasting services (1) If: (a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and (b) the licence authorises the licensee to provide digital commercial radio broadcasting services in the licence area; the relevant licence area plan is not required to deal with those services. (2) If: (a) the ACMA allocates a digital commercial radio broadcasting licence in accordance with subsection 35D(3); and (b) the licence authorises the licensee to provide digital commercial radio broadcasting services in the licence area; the relevant licence area plan is not required to deal with those services. Community radio broadcasting services (3) If: (a) a designated community radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence; and (b) the licence authorises the licensee to provide digital community radio broadcasting services in the licence area; the relevant licence area plan is not required to deal with those services. 26D Licence area plans—how digital radio broadcasting services may be dealt with (1) This section applies if a licence area plan deals with: (a) digital commercial radio broadcasting services; or (b) digital community radio broadcasting services; or (c) digital national radio broadcasting services. (2) The licence area plan is not required to identify: (a) individual digital commercial radio broadcasting services; or (b) individual digital community radio broadcasting services; or (c) individual digital national radio broadcasting services. (3) It is sufficient if the licence area plan deals collectively with: (a) the digital commercial radio broadcasting services; and (b) the digital community radio broadcasting services; and (c) the digital national radio broadcasting services; that, from time to time, are, or are to be, transmitted under the digital radio multiplex transmitter licence or licences issued, or to be issued, in relation to the area concerned. 37 Before section 36 Insert: 35C Digital radio moratorium (1) During the digital radio moratorium period for a licence area, the ACMA must not allocate, under subsection 36(1), a commercial radio broadcasting licence to provide digital commercial radio broadcasting services in the licence area. (2) Subsection (1) has effect subject to section 35D. (3) For the purposes of this Act, the digital radio moratorium period for a licence area is the 6‑year period beginning at the start of the digital radio start‑up day for the licence area. 35D Exception to the digital radio moratorium—failure to provide a digital commercial radio broadcasting service Scope (1) This section applies to a commercial radio broadcasting licence if: (a) the licence was in force immediately before the digital radio start‑up day for the licence area; and (b) the licence authorises the licensee to provide any digital commercial radio broadcasting services in the licence area; and (c) at a particular time (the relevant time) during the digital radio moratorium period for the licence area, the ACMA is satisfied that the licensee is not providing at least one digital commercial radio broadcasting service under the licence in the licence area. Licence ceases to authorise the provision of digital commercial radio broadcasting services etc. (2) As soon as practicable after the relevant time, the ACMA must, by written notice given to the licensee, determine that: (a) the licence ceases to authorise the licensee to provide one or more digital commercial radio broadcasting services in the licence area; and (b) the licence is taken, for the purposes of this Act, to have been allocated as a licence to provide an analog commercial radio broadcasting service; and (c) despite subsection 36A(5), the licence is subject to the condition that the licensee may only provide an analog commercial radio broadcasting service under the licence. ACMA must allocate a new commercial radio broadcasting licence for the licence area (3) As soon as practicable after a notice under subsection (2) is given to a licensee of a commercial radio broadcasting licence (the first licence), the ACMA must: (a) allocate, under subsection 36(1), a single commercial radio broadcasting licence for the licence area of the first licence; and (b) allocate the licence as a licence to provide digital commercial radio broadcasting services in that licence area. ACMA may specify circumstances in which a licensee is taken to be providing a digital commercial radio broadcasting service (4) The ACMA may, by legislative instrument, specify circumstances in which a commercial radio broadcasting licensee is taken, for the purposes of paragraph (1)(c), to be providing a digital commercial radio broadcasting service under the licence in the licence area. (5) A copy of an instrument under subsection (4) must be made available on the ACMA's Internet site. 38 After section 36 Insert: 36A Commercial radio broadcasting licences to provide analog or digital commercial radio broadcasting services Licences in force immediately before the commencement of this section (1) If a commercial radio broadcasting licence was in force immediately before the commencement of this section, the licence is taken, for the purposes of this Act, to have been allocated as a licence to provide an analog commercial radio broadcasting service. Licences allocated before the digital radio start‑up day for the licence area (2) If the ACMA allocates a commercial radio broadcasting licence after the commencement of this section but before the digital radio start‑up day for the licence area, the licence must be allocated as a licence to provide an analog commercial radio broadcasting service. Licences allocated on or after digital radio start‑up day for the licence area (3) If the ACMA allocates a commercial radio broadcasting licence on or after the digital radio start‑up day for the licence area, the licence must be allocated as: (a) a licence to provide an analog commercial radio broadcasting service; or (b) a licence to provide digital commercial radio broadcasting services. Licence conditions (4) Subject to subsection (5), if a commercial radio broadcasting licence is or was allocated as a licence to provide an analog commercial radio broadcasting service, the licence is subject to the condition that the licensee may only provide an analog commercial radio broadcasting service under the licence. (5) If: (a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and (b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area; subsection (4) ceases to apply in relation to the licence at the start of the digital radio start‑up day for the licence area. (6) If a commercial radio broadcasting licence is allocated as a licence to provide digital commercial radio broadcasting services, the licence is subject to the condition that the licensee may only provide digital commercial radio broadcasting services under the licence. Section 35D (7) This section has effect subject to section 35D. Subsection 40(1) licences (8) This section does not apply to a commercial radio broadcasting licence that is or was allocated under subsection 40(1). 39 Before section 42 Insert: 41D Services authorised by commercial radio broadcasting licences Licences in force immediately before the commencement of this section (1) If: (a) a commercial radio broadcasting licence was in force immediately before the commencement of this section; and (b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area; then, during the period: (c) beginning at the start of the day on which this section commences; and (d) ending immediately before the digital radio start‑up day for the licence area; the licence is taken to authorise the licensee to provide that service in the licence area. Licences allocated on or after the commencement of this section (2) If: (a) a commercial radio broadcasting licence is allocated on or after the commencement of this section but before the digital radio start‑up day for the licence area; and (b) the licence is allocated as a licence to provide an analog commercial radio broadcasting service in the licence area; then, during the period: (c) beginning at the start of the day on which the licence is allocated; and (d) ending immediately before the digital radio start‑up day for the licence area; the licence is taken to authorise the licensee to provide that service in the licence area. Licences in force immediately before the digital radio start‑up day for the licence area (3) If: (a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and (b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area; then, on and after the digital radio start‑up day for the licence area, the licence is taken to authorise the licensee to provide the following services in the licence area: (c) the analog commercial radio broadcasting service; (d) one or more digital commercial radio broadcasting services. Licences allocated on or after digital radio start‑up day for the licence area (4) If: (a) a commercial radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and (b) the licence is allocated as a licence to provide an analog commercial radio broadcasting service in the licence area; the licence is taken to authorise the licensee to provide that service in the licence area. (5) If: (a) a commercial radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and (b) the licence is allocated as a licence to provide digital commercial radio broadcasting services in the licence area; the licence is taken to authorise the licensee to provide one or more digital commercial radio broadcasting services in the licence area. Section 35D (6) This section has effect subject to section 35D. Subsection 40(1) licences (7) This section does not apply to a commercial radio broadcasting licence allocated under subsection 40(1). 40 Before section 44 Insert: 43D Special licence conditions relating to digital radio commercial broadcasting services Scope (1) This section applies to a commercial radio broadcasting licence (the first licence) if: (a) the first licence authorises the licensee to provide one or more digital commercial radio broadcasting services; and (b) the first licence was not allocated under subsection 40(1). Transmission by multiplex transmitter (2) The first licence is subject to the condition that the licensee must not provide a digital commercial radio broadcasting service under the first licence unless: (a) the service is transmitted using a multiplex transmitter; and (b) the operation of the multiplex transmitter is authorised by a digital radio multiplex transmitter licence. Use of more than one‑ninth of multiplex capacity (3) If there is only one digital radio multiplex transmitter licence for the licence area of the first licence, the first licence is subject to the condition that the licensee of the first licence must not use more than one‑ninth of multiplex capacity under the digital radio multiplex transmitter licence for the purpose of providing, under the first licence, a digital commercial radio broadcasting service that passes the shared content test in relation to an analog commercial radio broadcasting service provided under: (a) the first licence; or (b) another commercial radio broadcasting licence that has the same licence area as the first licence. (4) If there are 2 or more digital radio multiplex transmitter licences for the licence area of the first licence, the first licence is subject to the condition that the licensee of the first licence must not use more than the designated fraction of the total multiplex capacities under those digital radio multiplex transmitter licences for the purpose of providing, under the first licence, a digital commercial radio broadcasting service that passes the shared content test in relation to an analog commercial radio broadcasting service provided under: (a) the first licence; or (b) another commercial radio broadcasting licence that has the same licence area as the first licence. (5) For the purposes of subsection (4), the designated fraction of the total multiplex capacities under those digital radio multiplex transmitter licences is as follows: Shared content test (6) For the purposes of subsections (3) and (4), a digital commercial radio broadcasting service passes the shared content test at a particular time in relation to an analog commercial radio broadcasting service if: (a) the program content of at least 50% of the total number of hours of programs broadcast by the first‑mentioned service during daytime/evening hours during the 6‑month period ending at that time; were the same as: (b) the program content of at least 50% of the total number of hours of programs broadcast by the other service during daytime/evening hours during the 6‑month period ending at that time. (7) For the purposes of subsection (6), ignore the following: (a) advertising or sponsorship material (whether or not of a commercial kind); (b) a promotion for a radio program or a radio broadcasting service; (c) any digital program enhancement content in relation to a radio program; (d) community information material or community promotional material; (e) a news break or weather bulletin; (f) any other similar material. Definitions (8) In this section: category 1 digital radio multiplex transmitter licence has the same meaning as in the Radiocommunications Act 1992. category 2 digital radio multiplex transmitter licence has the same meaning as in the Radiocommunications Act 1992. daytime/evening hours means the hours: (a) beginning at 6 am each day; and (b) ending at midnight on the same day. digital radio multiplex transmitter licence means: (a) a category 1 digital radio multiplex transmitter licence; or (b) a category 2 digital radio multiplex transmitter licence. 41 At the end of Division 2 of Part 5 Add: Subdivision C—Commercial radio broadcasting licences and restricted datacasting licences 54B Limitation on control of commercial radio broadcasting licences and restricted datacasting licences during the digital radio moratorium period (1) This section applies in relation to a commercial radio broadcasting licence if the licence was in force immediately before the digital radio start‑up day for the licence area. (2) During the digital radio moratorium period for the licence area, a person must not be in a position to exercise control of: (a) the commercial radio broadcasting licence; and (b) a restricted datacasting licence. 42 After subsection 62(2) Insert: Notification by restricted datacasting licensee (2A) Each restricted datacasting licensee must, within 3 months after the end of each financial year that ends during the digital radio moratorium period for the licence area of a commercial radio broadcasting licence, give to the ACMA in writing: (a) details of the persons who, to the knowledge of the restricted datacasting licensee, were in a position to exercise control of the restricted datacasting licence at the end of that financial year; and (b) the name of each person who was a director of the restricted datacasting licensee at the end of that financial year. (2B) The details are to be provided in a form approved in writing by the ACMA. Note: The heading to subsection 62(1) is altered by adding at the end "—general". 43 Paragraph 62(5)(a) After "(1)", insert ", (2A)". 44 After subsection 63(2) Insert: Notification by restricted datacasting licensee (2A) If, during the digital radio moratorium period for the licence area of a commercial radio broadcasting licence, a restricted datacasting licensee becomes aware that: (a) a person who was not in a position to exercise control of the restricted datacasting licence has become in a position to exercise control of the restricted datacasting licence; or (b) a person who was in a position to control the restricted datacasting licence has ceased to be in that position; the restricted datacasting licensee must, within 5 days after becoming so aware, notify the ACMA in writing of that event. (2B) The details are to be provided in a form approved in writing by the ACMA. Note: The heading to subsection 63(1) is altered by adding at the end "—general". 45 Paragraph 63(5)(a) After "(1)", insert ", (2A)". 46 After subsection 64(2) Insert: Notification by controller of restricted datacasting licence (2A) If, during the digital radio moratorium period for the licence area of a commercial radio broadcasting licence, a person who was not in a position to exercise control of a restricted datacasting licence becomes aware that that person is in a position to exercise control of the restricted datacasting licence, the person must, within 5 days after becoming so aware, notify the ACMA in writing of that position. (2B) The details are to be provided in a form approved in writing by the ACMA. Note: The heading to subsection 64(1) is altered by adding at the end "—general". 47 Paragraph 64(5)(a) After "(1)", insert ", (2A)". 48 After subsection 82(1) Insert: (1A) Licences under subsection (1) are to be allocated on the basis of one licence per service. 49 Paragraphs 84(2)(a) and (d) After "service", insert "or services". 50 After section 84 Insert: 84A Designated community radio broadcasting licences to provide analog or digital services Licences in force immediately before the commencement of this section (1) If a designated community radio broadcasting licence was in force immediately before the commencement of this section, the licence is taken, for the purposes of this Act, to have been allocated as a licence to provide an analog community radio broadcasting service. Licences allocated before the digital radio start‑up day for the licence area (2) If the ACMA allocates a designated community radio broadcasting licence after the commencement of this section but before the digital radio start‑up day for the licence area, the licence must be allocated as a licence to provide an analog community radio broadcasting service. Licences allocated on or after digital radio start‑up day for the licence area (3) If the ACMA allocates a designated community radio broadcasting licence on or after the digital radio start‑up day for the licence area, the licence must be allocated as: (a) a licence to provide an analog community radio broadcasting service; or (b) a licence to provide digital community radio broadcasting services. Licence conditions (4) Subject to subsection (5), if a designated community radio broadcasting licence is or was allocated as a licence to provide an analog community radio broadcasting service, the licence is subject to the condition that the licensee may only provide an analog community radio broadcasting service under the licence. (5) If: (a) a designated community radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and (b) the licence authorised the licensee to provide an analog community radio broadcasting service in the licence area; subsection (4) ceases to apply in relation to the licence at the start of the digital radio start‑up day for the licence area. (6) If a designated community radio broadcasting licence is allocated as a licence to provide digital community radio broadcasting services, the licence is subject to the condition that the licensee may only provide digital community radio broadcasting services under the licence. 51 After section 85 Insert: 85A Services authorised by designated community radio broadcasting licences Licences in force immediately before the commencement of this section (1) If: (a) a designated community radio broadcasting licence was in force immediately before the commencement of this section; and (b) the licence authorised the licensee to provide an analog community radio broadcasting service in the licence area; then, during the period: (c) beginning at the start of the day on which this section commences; and (d) ending immediately before the digital radio start‑up day for the licence area; the licence is taken to authorise the licensee to provide that service in the licence area. Licences allocated on or after the commencement of this section (2) If: (a) a designated community radio broadcasting licence is allocated on or after the commencement of this section but before the digital radio start‑up day for the licence area; and (b) the licence is allocated as a licence to provide an analog community radio broadcasting service in the licence area; then, during the period: (c) beginning at the start of the day on which the licence is allocated; and (d) ending immediately before the digital radio start‑up day for the licence area; the licence is taken to authorise the licensee to provide that service in the licence area. Licences in force immediately before the digital radio start‑up day for the licence area (3) If: (a) a designated community radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and (b) the licence authorised the licensee to provide an analog community radio broadcasting service in the licence area; then, after the digital radio start‑up day for the licence area, the licence is taken to authorise the licensee to provide the following services in the licence area: (c) the analog community radio broadcasting service; (d) one or more digital community radio broadcasting services. Licences allocated on or after digital radio start‑up day for the licence area (4) If: (a) a designated community radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and (b) the licence is allocated as a licence to provide an analog community radio broadcasting service in the licence area; the licence is taken to authorise the licensee to provide that service in the licence area. (5) If: (a) a designated community radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and (b) the licence is allocated as a licence to provide digital community radio broadcasting services in the licence area; the licence is taken to authorise the licensee to provide one or more digital community radio broadcasting services in the licence area. 52 After section 87A Insert: 87B Special licence condition relating to digital community radio broadcasting services (1) This section applies to a designated community radio broadcasting licence if the licence authorises the licensee to provide one or more digital community radio broadcasting services. (2) The licence is subject to the condition that the licensee must not provide a digital community radio broadcasting service under the licence unless: (a) the service is transmitted using a multiplex transmitter; and (b) the operation of the multiplex transmitter is authorised by a digital radio multiplex transmitter licence. 53 At the end of section 123 Add: (6) To avoid doubt, a reference in this section to broadcasting operations includes a reference to each commercial radio broadcasting service provided by a commercial radio broadcasting licensee. (7) To avoid doubt, a reference in this section to broadcasting operations includes a reference to each community radio broadcasting service provided by a designated community radio broadcasting licensee. 54 Paragraph 130A(1)(e) Repeal the paragraph, substitute: (e) subscription television narrowcasting services provided under a class licence; (ea) open narrowcasting television services provided under a class licence; 55 Paragraph 130A(1)(f) After "services", insert "(other than restricted datacasting services)". Note: The heading to section 130A is altered by adding at the end "—television etc.". 56 After section 130A Insert: 130AA Technical standards for digital transmission—radio etc. (1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission of any or all of the following services using a digital modulation technique: (a) commercial radio broadcasting services; (b) national radio broadcasting services; (c) community radio broadcasting services; (d) subscription radio broadcasting services provided under a class licence; (e) subscription radio narrowcasting services provided under a class licence; (f) open narrowcasting radio services provided under a class licence; (g) restricted datacasting services provided under restricted datacasting licences. Instruments (2) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act. Compliance (3) A national broadcaster must comply with a standard determined under subsection (1). Note 1: For compliance by holders of commercial radio broadcasting licences, see clause 8 of Schedule 2. Note 2: For compliance by holders of community radio broadcasting licences, see clause 9 of Schedule 2. Note 3: For compliance by providers of radio broadcasting services provided under a class licence, see clause 11 of Schedule 2. Note 4: For compliance by holders of restricted datacasting licences, see clause 24A of Schedule 6. 130AB Technical standards relating to the operation of multiplex transmitters (1) The ACMA may, by legislative instrument, determine technical standards that relate to the operation of multiplex transmitters under digital radio multiplex transmitter licences. Note: For compliance, see paragraph 109B(1)(o) of the Radiocommunications Act 1992. Instruments (2) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act. Note: The heading to section 130B is altered by adding at the end "—television etc.". 57 After section 130B Insert: 130BA Technical standards for domestic digital reception equipment—radio etc. (1) The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted using a digital modulation technique: (a) commercial radio broadcasting services; (b) national radio broadcasting services; (c) community radio broadcasting services; (d) subscription radio broadcasting services provided under a class licence; (e) subscription radio narrowcasting services provided under a class licence; (f) open narrowcasting radio services provided under a class licence; (g) restricted datacasting services provided under restricted datacasting licences. Offence (2) A person commits an offence if: (a) the person supplies equipment; and (b) the equipment is domestic reception equipment; and (c) the equipment is capable of receiving any or all of the following services transmitted using a digital modulation technique: (i) commercial radio broadcasting services; (ii) national radio broadcasting services; (iii) community radio broadcasting services; (iv) subscription radio broadcasting services provided under a class licence; (v) subscription radio narrowcasting services provided under a class licence; (vi) open narrowcasting radio services provided under a class licence; (vii) restricted datacasting services provided under restricted datacasting licences; and (d) the equipment does not comply with a standard determined under subsection (1). Penalty: 1,500 penalty units. Civil penalty (3) A person must not supply domestic reception equipment if: (a) the equipment is capable of receiving any or all of the following services transmitted using a digital modulation technique: (i) commercial radio broadcasting services; (ii) national radio broadcasting services; (iii) community radio broadcasting services; (iv) subscription radio broadcasting services provided under a class licence; (v) subscription radio narrowcasting services provided under a class licence; (vi) open narrowcasting radio services provided under a class licence; (vii) restricted datacasting services provided under restricted datacasting licences; and (b) the equipment does not comply with a standard determined under subsection (1). (4) Subsection (3) is a civil penalty provision. Instruments (5) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act. Reception of subscription radio broadcasting services (6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription radio broadcasting services when used: (a) in isolation; or (b) in conjunction with any other equipment. Exemptions (7) The ACMA may, by legislative instrument, exempt specified domestic reception equipment from subsections (2) and (3). Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003. Definition (8) In this section: supply has the same meaning as in the Trade Practices Act 1974. 58 After paragraph 130F(1)(e) Insert: (ea) providing a commercial radio broadcasting service; (eb) providing a national radio broadcasting service; (ec) providing a community radio broadcasting service; (ed) subscription radio broadcasting services provided under a class licence; (ee) subscription radio narrowcasting services provided under a class licence; (ef) open narrowcasting radio services provided under a class licence; 59 At the end of paragraph 130F(1)(f) Add "(other than a restricted datacasting licence)". 60 After paragraph 130F(1)(f) Insert: (fa) providing a restricted datacasting service under a restricted datacasting licence; 61 After subparagraph 130F(1)(g)(v) Insert: (va) commercial radio broadcasting services; (vb) national radio broadcasting services; (vc) community radio broadcasting services; (vd) subscription radio broadcasting services provided under a class licence; (ve) subscription radio narrowcasting services provided under a class licence; (vf) open narrowcasting radio services provided under a class licence; 62 At the end of subsection 130F(1) Add: ; (i) operating a multiplex transmitter under a digital radio multiplex transmitter licence. 63 Subsection 130F(2) After "services", insert ", or subscription radio broadcasting services,". 64 At the end of section 130L Add: ; or (g) a code of practice notified to the ACMA under subsection 8(1) of the Australian Broadcasting Corporation Act 1983; or (h) a code of practice notified to the ACMA under subsection 10(1) of the Special Broadcasting Service Act 1991. 65 Section 204 (before table item dealing with section 38A) Insert: To make a determination under subsection 35D(2) in relation to a commercial radio broadcasting licence Section 35D The licensee 66 Paragraph 212(3)(aa) After "transmitted by", insert "any of". 67 Paragraph 212(3)(aa) Omit "service", substitute "services". 68 Paragraph 212(3)(b) After "licensee", insert "(other than a designated community radio broadcasting licensee)". 69 After paragraph 212(3)(b) Insert: (ba) a re‑transmission by a designated community radio broadcasting licensee of the programs transmitted by any of the licensee's community radio broadcasting services; or 70 After section 215 Insert: 215A Review—technologies for the transmission of digital radio broadcasting services and restricted datacasting services in regional licence areas etc. (1) Before 1 January 2011, the Minister must cause to be conducted a review of the following matters: (a) the relative merits of using various terrestrial and satellite technologies capable of transmitting: (i) digital radio broadcasting services; and (ii) restricted datacasting services; in regional licence areas; (b) the development of those technologies (whether or not in Australia); (c) the availability and price (whether or not in Australia) of: (i) transmission equipment associated with those technologies; and (ii) domestic reception equipment associated with those technologies; (d) whether any laws of the Commonwealth should be amended in order to facilitate the transmission of: (i) digital radio broadcasting services; and (ii) restricted datacasting services; in regional licence areas using those technologies. (2) In conducting a review of the matter mentioned in paragraph (1)(a), regard must be had to: (a) the geographic coverage that would result from the use of those technologies to transmit: (i) digital radio broadcasting services; and (ii) restricted datacasting services; in regional licence areas; and (b) the characteristics of: (i) digital radio broadcasting services; and (ii) restricted datacasting services; that would be likely to result from the use of those technologies to transmit those services in regional licence areas. (3) Subsection (2) does not limit subsection (1). Report (4) The Minister must cause to be prepared a report of a review under subsection (1). (5) The Minister must cause copies of a report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report. Definitions (6) In this section: digital radio broadcasting service means: (a) a digital commercial radio broadcasting service; or (b) a digital community radio broadcasting service; or (c) a digital national radio broadcasting service. regional licence area has the same meaning as in section 8AC. 215B Review—development and regulation of digital radio broadcasting services and restricted datacasting services (1) Before 1 January 2014, the Minister must cause to be conducted a review of the following matters: (a) the development of various terrestrial and satellite technologies capable of transmitting: (i) digital radio broadcasting services; and (ii) restricted datacasting services; in Australia; (b) the implementation of those technologies in foreign countries; (c) the operation of this Act in so far as it deals with the licensing and regulation of: (i) digital radio broadcasting services; and (ii) restricted datacasting services. (2) The Minister must cause to be prepared a report of a review under subsection (1). (3) The Minister must cause copies of a report 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 section: digital radio broadcasting service means: (a) a digital commercial radio broadcasting service; or (b) a digital community radio broadcasting service; or (c) a digital national radio broadcasting service. 71 Subclause 1(1) of Schedule 1 After "transmitter licences,", insert "restricted datacasting licences,". 72 Paragraph 2(1)(b) of Schedule 1 After "transmitter licence", insert "or a restricted datacasting licence". 73 After paragraph 2(1)(ba) of Schedule 1 Insert: (bb) in the case of a restricted datacasting licence: (i) the person is the licensee; or (ii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of the selection or provision of a significant proportion of the datacasting content provided by the licensee; or (iii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the licensee in providing restricted datacasting services under the licence; or 74 After subclause 2(2A) of Schedule 1 Insert: (2B) Paragraph (1)(bb) does not apply to the provision of datacasting content by a person to a licensee under an agreement for the supply of datacasting content to the licensee if: (a) the conditions of the agreement relate only to the datacasting content so supplied or its promotion; and (b) the content so supplied is a minority of the datacasting content provided by the licensee. 75 Paragraph 4(2)(b) of Schedule 1 After "transmitter licensee", insert "or a restricted datacasting licensee". 76 After paragraph 4(2)(ba) of Schedule 1 Insert: (bb) in the case of a restricted datacasting licensee—controls the selection or provision of any of the datacasting content to be provided by the licensee; or 77 Subclause 4(4) of Schedule 1 (after paragraph (bb) of the definition of media company) Insert: (bc) a company that holds a restricted datacasting licence; or 78 Paragraphs 2(2)(b) and (c) of Schedule 2 Omit "the service", substitute "a service". 79 Paragraph 2(2)(c) of Schedule 2 Omit "the services", substitute "the service or services". 80 At the end of subclause 7(1) of Schedule 2 Add: ; (q) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial television broadcasting service under the licence. 81 After paragraph 8(1)(b) of Schedule 2 Insert: (ba) if the licensee provides a digital commercial radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission); (bb) the licensee will comply with subsection 130V(1) (which deals with industry standards); 82 Paragraph 8(1)(f) of Schedule 2 Repeal the paragraph, substitute: (f) if: (i) the licence is a broadcasting services bands licence; and (ii) the licence authorises the licensee to provide an analog commercial radio broadcasting service; the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises the operation by the licensee of the radiocommunications devices used to provide that service; 83 Paragraph 8(1)(g) of Schedule 2 After "service", insert "or services". 84 Paragraph 8(1)(h) of Schedule 2 Omit "broadcasting services", substitute "at least one broadcasting service". 85 At the end of subclause 8(1) of Schedule 2 Add: ; (j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial radio broadcasting service under the licence unless the service is a digital commercial radio broadcasting service. 86 Paragraph 8(2)(a) of Schedule 2 After "a service", insert "or services". 87 Paragraph 8(2)(a) of Schedule 2 After "another service", insert "or services". 88 Subparagraph 8(3)(d)(i) of Schedule 2 After "service", insert "or services". 89 After paragraph 9(1)(ca) of Schedule 2 Insert: (caa) if the licensee provides a digital community radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission); 90 Paragraph 9(1)(f) of Schedule 2 After "service", insert "or services". 91 Paragraph 9(1)(h) of Schedule 2 Omit "broadcasting services", substitute "at least one broadcasting service". 92 At the end of subclause 9(1) of Schedule 2 Add: ; (j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a community broadcasting service under the licence unless the service is a digital community radio broadcasting service. 93 Subparagraph 9(2)(c)(i) of Schedule 2 After "service", insert "or services". 94 Paragraphs 9(2)(d) and (e) of Schedule 2 After "service", insert "or services". 95 After subclause 9(2) of Schedule 2 Insert: (2AA) Paragraph (2)(e) does not prevent a designated community radio broadcasting licensee from holding shares in a digital community radio broadcasting representative company (within the meaning of the Radiocommunications Act 1992). 96 Subparagraph 9(2A)(d)(i) of Schedule 2 After "service", insert "or services". 97 Subclause 9(3) of Schedule 2 After "announcements", insert "on a particular community broadcasting service". 98 Paragraphs 9(3)(a) and (b) of Schedule 2 After "of broadcasting", insert "on that service". 99 At the end of subclause 10(1) of Schedule 2 Add: ; (j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a subscription television broadcasting service under the licence. 100 After paragraph 11(1)(ba) of Schedule 2 Insert: (baa) in the case of a person who provides: (i) a subscription radio broadcasting service; or (ii) a subscription radio narrowcasting service; or (iii) an open narrowcasting radio service; transmitted using a digital modulation technique—the licensee will comply with standards under section 130AA (which deals with technical standards for digital transmission); 101 Paragraph 11(1)(bb) of Schedule 2 Repeal the paragraph, substitute: (bb) the licensee will comply with standards under subsection 130V(1) (which deals with industry standards); 102 At the end of subclause 11(1) of Schedule 2 Add: ; (e) the person will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide broadcasting services under the licence. 103 Clause 1 of Schedule 6 (simplified outline) Before "will be allowed", insert "(other than restricted datacasting licensees)". 104 Clause 1 of Schedule 6 (simplified outline) Before: • A group that represents datacasting licensees may develop codes of practice. Insert: • Restricted datacasting licensees will not be allowed to provide content in a form that is specified in a legislative instrument made by the Minister. 105 At the end of clause 7 of Schedule 6 Add: (3) An application under subsection (1) may be expressed to be an application for a restricted datacasting licence. 106 Paragraph 12(1)(a) of Schedule 6 After "licences", insert "(other than restricted datacasting licences)". Note: The heading to clause 12 is altered by adding at the end "that are not restricted datacasting licences". 107 At the end of Part 2 of Schedule 6 Add: 12A ACMA to maintain Register of restricted datacasting licences (1) The ACMA is to maintain a Register in which the ACMA includes particulars of restricted datacasting licences. (2) The Register may be maintained by electronic means. (3) The Register is to be made available for inspection on the Internet. 108 Paragraph 24(1)(ca) of Schedule 6 Before "the licensee", insert "if the licence is not a restricted datacasting licence—". 109 At the end of subclause 24(1) of Schedule 6 Add: ; (i) if the licence is not a restricted datacasting licence—the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a datacasting service under the licence. 110 After clause 24 of Schedule 6 Insert: 24A Special conditions for restricted datacasting licences Each restricted datacasting licence is subject to the following conditions: (a) the datacasting content provided under the licence will be transmitted using a digital modulation technique; (b) if a form of datacasting content is specified in a legislative instrument made by the Minister—the licensee will not provide datacasting content in that form; (c) the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission). 111 After subclause 52(1) of Schedule 6 Insert: (1A) A person commits an offence if: (a) the person is a restricted datacasting licensee; and (b) the person engages in conduct; and (c) the person's conduct breaches a condition of the licence set out in clause 24A. Penalty: 2,000 penalty units. 112 Subclause 52(2) of Schedule 6 After "subclause (1)", insert "or (1A)". 113 After subclause 52A(1) of Schedule 6 Insert: (1A) A restricted datacasting licensee must not breach a condition of the licence set out in clause 24A. 114 Subclause 52A(2) of Schedule 6 Repeal the subclause, substitute: (2) Subclauses (1) and (1A) are civil penalty provisions. 115 Subclause 52A(3) of Schedule 6 After "subclause (1)", insert "or (1A)". 116 After subclause 54(2) of Schedule 6 Insert: (2A) If a restricted datacasting licence is suspended because of a breach of a condition set out in clause 24A, the ACMA may take such action, by way of suspending one or more restricted datacasting licences held by: (a) the licensee; or (b) a related body corporate of the licensee; as the ACMA considers necessary to ensure that the same, or a substantially similar, restricted datacasting service is not provided by the licensee or the related body corporate, as the case may be, during the period of suspension. 117 After subclause 54(3) of Sc