Commonwealth: Broadcasting Legislation Amendment (Digital Television) Act 2010 (Cth)

Broadcasting Legislation Amendment (Digital Television) Act 2010 Act No. 94 of 2010 as amended This compilation was prepared on 29 March 2011 taking into account amendments up to Act No. 5 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title [see Note 1] 2 Commencement 3 Schedule(s) Schedule 1—Amendments Broadcasting Services Act 1992 Copyright Act 1968 Radiocommunications Act 1992 Notes An Act to amend legislation relating to broadcasting, and for other purposes 1 Short title [see Note 1] This Act may be cited as the Broadcasting Legislation Amendment (Digital Television) Act 2010. 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 this Act receives the Royal Assent. 29 June 2010 2. Schedule 1 The day after this Act receives the Royal Assent. 30 June 2010 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in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 Broadcasting Services Act 1992 1 Subsection 6(1) (before paragraph (a) of the definition of commercial television broadcasting licence) Insert: (aa) in the case of a licence allocated under section 38C—the commercial television broadcasting services that, under section 41CA, are authorised by the licence; or 2 Subsection 6(1) Insert: conditional access scheme means a scheme that sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section 38C. 3 Subsection 6(1) (at the end of the definition of core commercial television broadcasting service) Add: Note: There is no core commercial television broadcasting service in relation to a licence allocated on or after 1 January 2009. This is because core commercial television broadcasting services are certain services authorised by licences allocated before 1 January 2009. 4 Subsection 6(1) Insert: core/primary commercial television broadcasting service, in relation to a commercial television broadcasting licence, means: (a) if a core commercial television broadcasting service is provided under the licence—that service; or (b) if a primary commercial television broadcasting service (within the meaning of Schedule 4) is provided under the licence—that service. 4A Subsection 6(1) Insert: final digital television switch‑over day has the meaning given by section 8AE. 5 Subsection 6(1) (definition of licence area) Repeal the definition, substitute: licence area means: (a) an area designated by the ACMA under section 29, 40 or 92G; or (b) an area specified in column 1 of the table in subsection 38C(1). Note 1: See also section 8AD, which deals with deemed radio broadcasting licence areas. Note 2: See also section 8 of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, which deals with deemed licence areas. 6 Subsection 6(1) Insert: reception certificate means a reception certificate issued under a conditional access scheme registered under Part 9C. 7 Subsection 6(1) Insert: scheme administrator has the meaning given by subsection 130ZB(8). 7A After section 8AD Insert: 8AE Final digital television switch‑over day (1) For the purposes of this Act, the final digital television switch‑over day is the last switch‑over day. (2) For the purposes of subsection (1), the last day of a simulcast period is a switch‑over day. (3) In this section: simulcast period has the same meaning as in Schedule 4. 8 Section 14 Before "Commercial broadcasting services", insert "(1)". 9 At the end of section 14 Add: (2) For the purposes of the application of subsection (1) to a broadcasting service provided under a licence allocated under section 38C, assume that there is no conditional access system that relates to the broadcasting service. 10 At the end of section 29 Add: (3) This section does not apply to a licence allocated under section 38C. 11 Before section 35A Insert: Division 1—Allocation of licences 12 Paragraph 37(1)(a) Omit "formed in Australia or in an external Territory", substitute "registered as a company under Part 2A.2 of the Corporations Act 2001". 13 After paragraph 38A(1)(a) Insert: (aa) the parent licence is not a licence allocated under section 38C; and 14 Paragraph 38B(1)(b) Repeal the paragraph. 15 At the end of paragraph 38B(1)(c) Add "and". 16 After paragraph 38B(1)(c) Insert: (ca) the ACMA, by notice published in the Gazette, invites: (i) the existing licensees to give the ACMA a joint written notice under paragraph (d); and (ii) each existing licensee to give the ACMA a written notice under paragraph (e); during the period specified in the notice; 17 Subsection 38B(1) Omit "90 days after the designated time for the licence area", substitute "the period specified in the paragraph (ca) notice". 18 Subparagraph 38B(1)(d)(iii) Omit "formed in Australia or an external Territory", substitute "registered as a company under Part 2A.2 of the Corporations Act 2001". 19 After subsection 38B(1) Insert: (1A) A notice under paragraph (1)(ca) is not a legislative instrument. 20 Subsections 38B(2) and (3) Omit "designated time for the licence area", substitute "notice is given". 21 Paragraphs 38B(7)(b) and (8)(b) Omit "designated time for the licence area", substitute "time when the notice is given". 22 Paragraphs 38B(18)(b) and (c) After "if", insert "the licence was allocated before the commencement of section 38C and". 23 At the end of subsection 38B(19) Add "before the commencement of section 38C". 24 After subsection 38B(19) Insert: (19A) Paragraphs 7(1)(l) and (m) of Schedule 2 do not apply to an additional licence allocated under this section after the commencement of section 38C. 25 Subsections 38B(26), (27) and (28) Repeal the subsections. 26 After section 38B Insert: 38C Commercial television broadcasting licences—services provided with the use of a satellite (1) The following table has effect: Licence areas and eligible joint venturers Column 1 Column 2 Column 3 Item Licence area for a commercial television broadcasting licence allocated, or to be allocated, under this section Description of the licence area Eligible joint venturers for the licence area 1 South Eastern Australia TV3 The area consisting of New South Wales, Victoria, South Australia, Tasmania, the Australian Capital Territory and the Jervis Bay Territory. The commercial television broadcasting licensees for the following licence areas: (a) Remote Central and Eastern Australia TV1; (b) Remote Central and Eastern Australia TV2; (c) Mt Isa TV1. 2 Northern Australia TV3 The area consisting of Queensland and the Northern Territory. The commercial television broadcasting licensees for the following licence areas: (a) Remote Central and Eastern Australia TV1; (b) Remote Central and Eastern Australia TV2; (c) Mt Isa TV1. 3 Western Australia TV3 The area consisting of Western Australia. The commercial television broadcasting licensees for the following licence areas: (a) Remote and Regional WA TV1; (b) Western Zone TV1; (c) Kalgoorlie TV1; (d) Geraldton TV1; (e) South West and Great Southern TV1. Joint‑venture company (2) Two or more of the eligible joint venturers for a licence area specified in column 1 of the table in subsection (1) may, during whichever of the following periods is applicable: (a) in the case of the South Eastern Australia TV3 licence area—the 28‑day period beginning at the commencement of this section; (b) otherwise—the period: (i) beginning at the commencement of this section; and (ii) ending 6 months before the start of the earliest applicable terrestrial digital television switch‑over date for the licence area; give the ACMA a joint written notice stating that: (c) a company specified in the notice (the joint‑venture company) will apply under subsection (3) for a commercial television broadcasting licence for the licence area; and (d) the joint‑venture company is registered as a company under Part 2A.2 of the Corporations Act 2001 and has a share capital. Application by joint‑venture company (3) If a notice is given under subsection (2) in relation to a licence area specified in column 1 of the table in subsection (1), the joint‑venture company must: (a) apply in writing to the ACMA for a commercial television broadcasting licence for the licence area; and (b) do so within 28 days after the notice is given. Allocation of licence to joint‑venture company (4) If the ACMA receives an application under subsection (3) that relates to a licence area, the ACMA must: (a) allocate a commercial television broadcasting licence to the joint‑venture company for the licence area; and (b) do so within 28 days after the application is received. (5) Subsection (4) has effect subject to section 37. Special purpose company (6) If no notice is given under subsection (2) in relation to a licence area specified in column 1 of the table in subsection (1), an eligible joint venturer for the licence area may, within 28 days after the end of whichever of the periods mentioned in paragraphs (2)(a) and (b) is applicable, give the ACMA a written notice stating that: (a) a company specified in the notice (the special purpose company) will apply under subsection (7) for a commercial television broadcasting licence for the licence area; and (b) the special purpose company is a wholly‑owned subsidiary of the eligible joint venturer; and (c) the special purpose company is registered as a company under Part 2A.2 of the Corporations Act 2001 and has a share capital. Application by special purpose company (7) If a notice is given under subsection (6), the special purpose company must: (a) apply in writing to the ACMA for a commercial television broadcasting licence for the licence area specified in the notice; and (b) do so within 28 days after the notice is given. Allocation of licence to special purpose company (8) If only one special purpose company makes an application under subsection (7) in relation to a licence area specified in column 1 of the table in subsection (1), the ACMA must: (a) allocate a commercial television broadcasting licence to the special purpose company for the licence area; and (b) do so within 28 days after the application is received. (9) If the ACMA receives applications from 2 or more special purpose companies under subsection (7) in relation to a licence area specified in column 1 of the table in subsection (1), the ACMA must allocate a commercial television broadcasting licence to one of those companies for the licence area in accordance with a price‑based system determined under subsection (11). (10) Subsections (8) and (9) have effect subject to section 37. Price‑based system for allocating licences where 2 or more applications have been received. (11) The ACMA may, by written instrument, determine a price‑based system for allocating commercial television broadcasting licences under subsection (9). (12) A instrument made under subsection (11) is not a legislative instrument. (13) The Minister may, by legislative instrument, give specific directions to the ACMA in relation to the power conferred by subsection (11). Directions may be to include in a determination specified reserve prices for licences, and those reserve prices may be different for licences in different licence areas. (14) If a commercial television broadcasting licence is allocated under subsection (9), the ACMA must, unless the price‑based allocation system adopted was public, publish in the Gazette: (a) the name of the successful applicant; and (b) the amount that the applicant agreed to pay to the Commonwealth for the allocation of the licence. Cancellation of licence—services not provided (15) If: (a) the licensee of a licence allocated under this section is contravening a licence condition set out in: (i) clause 7B of Schedule 2; or (ii) clause 7C of Schedule 2; and (b) the ACMA is satisfied that the contravention is not due to: (i) technical circumstances that are beyond the licensee's control; or (ii) unforeseen circumstances that are beyond the licensee's control; or (iii) circumstances specified in the regulations; and (c) the ACMA gives the licensee a written notice warning the licensee that, if the contravention continues for 30 days, the licence may be cancelled; and (d) 30 days pass after the notice is given, and the contravention continues; the ACMA must, by written notice given to the licensee, cancel the licence. (16) The cancellation takes effect: (a) when the notice of cancellation is given to the licensee; or (b) if a later time is specified in the notice of cancellation—at that later time. Allocation of licence after cancellation etc. (17) If: (a) the ACMA gives a notice under subsection (15) to a licensee, cancelling the licence for a licence area; or (b) both: (i) no notice is given under subsection (2) in relation to a licence area; and (ii) no notice is given under subsection (6) in relation to a licence area; or (c) a joint‑venture company for a licence area contravenes subsection (3); or (d) both: (i) there is only one special purpose company for a licence area; and (ii) the special purpose company contravenes subsection (7); or (e) both: (i) there are 2 or more special purpose companies for a licence area; and (ii) each of those special purpose companies contravene subsection (7); the ACMA must, within 45 days after: (f) if paragraph (a) applies—the giving of the notice; or (g) if paragraph (b) applies—the the last day on which a notice could have been given under subsection (6) in relation to the licence area; or (h) if paragraph (c), (d) or (e) applies—the contravention; advertise, in a manner determined by the ACMA, for applications for a licence to be allocated under subsection (23) for the licence area. (18) Before commencing to advertise under subsection (17), the ACMA must, by legislative instrument, determine the eligibility requirements that must be met by persons applying for a licence in response to such an advertisement. (19) The eligibility requirements determined under subsection (18) must include that the applicant has the capacity to provide the services that the licensee will be required to provide under clauses 7B, 7C and 7D of Schedule 2. This subsection does not limit other eligibility requirements that may be determined under subsection (18). (20) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers under subsection (18). (21) The ACMA must include in an advertisement under subsection (17): (a) a description of the matter mentioned in the applicable paragraph of subsection (17); and (b) the date on or before which applications must be received by the ACMA (the applications closing date); and (c) a statement specifying how details of: (i) the licence area for the licence; and (ii) the eligibility requirements; and (iii) the conditions that will apply to the licence; may be obtained. (22) The applications closing date must be the 90th day after the day of publication of the first advertisement under subsection (17) that describes the contravention or cancellation concerned. (23) If: (a) in response to an advertisement under subsection (17), the ACMA receives one or more applications for a licence; and (b) the applications were received on or before the applications closing date specified in the advertisement; and (c) the ACMA is satisfied that one or more of the applicants meets the eligibility requirements; the ACMA must: (d) allocate the licence to one of the applicants referred to in paragraph (c); and (e) do so within 90 days after the applications closing date. (24) Subsection (23) has effect subject to section 37. Restrictions on transfer of licences (25) During the period of 2 years after the date of allocation of a licence under this section, any attempt by any person to transfer the licence is of no effect. Definitions (26) In this section: applicable terrestrial digital television switch‑over date has the same meaning as in clause 7H of Schedule 2. wholly‑owned subsidiary has the same meaning as in the Corporations Act 2001. 27 After section 41 Insert: Division 2—Services authorised by licences 28 After subsection 41B(1) Insert: (1A) Subsection (1) does not apply, after the commencement of section 38C, to: (a) an eligible parent licence; or (b) an eligible section 38A licence. Note 1: For eligible parent licence, see subsection (2E). Note 2: For eligible section 38A licence, see subsection (2E). Note: The heading to subsection 41B(1) is altered by adding at the end "—general". 29 After subsection 41B(2) Insert: (2A) Subsection (2) does not apply, after the commencement of section 38C, to: (a) an eligible parent licence; or (aa) an eligible section 38A licence; or (b) an eligible section 38B licence. Note 1: For eligible parent licence, see subsection (2E). Note 1A: For eligible section 38A licence, see subsection (2E). Note 2: For eligible section 38B licence, see subsection (2E). Eligible parent licences in force immediately before 1 January 2009 (2B) If: (a) an eligible parent licence for a licence area was in force immediately before 1 January 2009; and (b) the eligible parent licence authorised the licensee to provide the following 3 services in the licence area: (i) the core commercial television broadcasting service; (ii) a HDTV multi‑channelled commercial television broadcasting service; (iii) a SDTV multi‑channelled commercial television broadcasting service; the eligible parent licence is taken to authorise the licensee to provide the following services in the licence area: (c) the core commercial television broadcasting service; (d) either: (i) a HDTV multi‑channelled commercial television broadcasting service and a SDTV multi‑channelled commercial television broadcasting service; or (ii) 2 SDTV multi‑channelled commercial television broadcasting services; during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area. Note: For eligible parent licence, see subsection (2E). Eligible parent licences allocated on or after 1 January 2009 (2C) If an eligible parent licence for a licence area is allocated on or after 1 January 2009 but before the end of whichever of the following periods is applicable: (a) the simulcast period for the licence area; (b) the simulcast‑equivalent period for the licence area; the eligible parent licence is taken to authorise the licensee to provide: (c) the following services in the licence area: (i) a HDTV multi‑channelled commercial television broadcasting service; (ii) 2 SDTV multi‑channelled commercial television broadcasting services; or (d) 3 SDTV multi‑channelled commercial television broadcasting services in the licence area; during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area. Note: For eligible parent licence, see subsection (2E). Eligible section 38A licences in force immediately before 1 January 2009 (2CA) If: (a) an eligible section 38A licence for a licence area was in force immediately before 1 January 2009; and (b) the eligible section 38A licence authorised the licensee to provide the following 3 services in the licence area: (i) the core commercial television broadcasting service; (ii) a HDTV multi‑channelled commercial television broadcasting service; (iii) a SDTV multi‑channelled commercial television broadcasting service; the eligible section 38A licence is taken to authorise the licensee to provide the following services in the licence area: (c) the core commercial television broadcasting service; (d) either: (i) a HDTV multi‑channelled commercial television broadcasting service and a SDTV multi‑channelled commercial television broadcasting service; or (ii) 2 SDTV multi‑channelled commercial television broadcasting services; during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area. Note: For eligible section 38A licence, see subsection (2E). Eligible section 38A licences allocated on or after 1 January 2009 (2CB) If an eligible section 38A licence for a licence area is allocated on or after 1 January 2009 but before the end of whichever of the following periods is applicable: (a) the simulcast period for the licence area; (b) the simulcast‑equivalent period for the licence area; the eligible section 38A licence is taken to authorise the licensee to provide: (c) the following services in the licence area: (i) a HDTV multi‑channelled commercial television broadcasting service; (ii) 2 SDTV multi‑channelled commercial television broadcasting services; or (d) 3 SDTV multi‑channelled commercial television broadcasting services in the licence area; during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area. Note: For eligible section 38A licence, see subsection (2E). Eligible section 38B licences (2D) If an eligible section 38B licence for a licence area is allocated before the end of whichever of the following periods is applicable: (a) the simulcast period for the licence area; (b) the simulcast‑equivalent period for the licence area; the eligible section 38B licence authorises the licensee to provide: (c) the following services in the licence area: (i) a HDTV multi‑channelled commercial television broadcasting service; (ii) 2 SDTV multi‑channelled commercial television broadcasting services; or (d) 3 SDTV multi‑channelled commercial television broadcasting services in the licence area; during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area. Note: For eligible section 38B licence, see subsection (2E). Eligible parent licence, eligible section 38A licence and eligible section 38B licence (2E) For the purposes of this section, if: (a) a person (the original licensee) is or was the licensee of a commercial television broadcasting licence (other than a commercial television broadcasting licence allocated under section 38A or subsection 38B(6), (7), (8) or (9)); and (b) the original licensee is or was allocated an additional commercial television broadcasting licence under section 38A; and (c) after the commencement of section 38C, the original licensee is allocated an additional commercial television broadcasting licence under subsection 38B(6), (7), (8) or (9); and (d) at a particular time, the licences mentioned in paragraphs (a), (b) and (c) are held by the same person (whether or not that person is the original licensee); then, at that time: (e) the licence mentioned in paragraph (a) is an eligible parent licence; and (f) the licence mentioned in paragraph (b) is an eligible section 38A licence; and (g) the licence mentioned in paragraph (c) is an eligible section 38B licence. 30 Subsection 41B(3) After "under", insert "section 38C or". Note: The heading to subsection 41B(3) is altered by inserting "section 38C or" after "under". 31 Subsection 41C(3) After "under", insert "section 38C or". Note: The heading to subsection 41C(3) is altered by inserting "section 38C or" after "under". 32 After section 41C Insert: 41CA Services authorised by commercial television broadcasting licences allocated under section 38C Authorised services (1) A licence allocated under section 38C authorises the licensee to provide the following commercial television broadcasting services in the licence area: (a) if a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area—a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee; (b) if: (i) a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a SDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area; and (ii) the service is not the core/primary commercial television broadcasting service provided by the related terrestrial licensee; a SDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee; (c) if: (i) a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a SDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area; and (ii) the service is the core/primary commercial television broadcasting service provided by the related terrestrial licensee; a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee; (d) if a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area—a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee; (e) if: (i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and (ii) the service is not the core/primary commercial television broadcasting service provided by the metropolitan licensee; a SDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee; (f) if: (i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and (ii) the service is the core/primary commercial television broadcasting service provided by the metropolitan licensee; a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee; (g) one or more SDTV multi‑channelled commercial television broadcasting services the program content of which consists wholly or primarily of programs provided, or required to be provided, to the licensee under subsection 43AA(1). Program content (2) In determining, for the purposes of this section, whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television broadcasting service: (a) ignore the following: (i) advertising or sponsorship material (whether or not of a commercial kind); (ii) a promotion for a television program or a television broadcasting service; (iii) community information material or community promotional material; (iv) a weather bulletin; (v) any other similar material; and (b) ignore a news program; and (c) ignore any program the broadcasting of which in any jurisdiction in the licence area could result in the licensee: (i) committing an offence; or (ii) becoming liable to a civil penalty; or (iii) breaching an order or direction of a court; or (iv) being in contempt of court; and (d) ignore a program broadcast in circumstances specified in the regulations. (3) In determining, for the purposes of: (a) paragraph (1)(c); or (b) paragraph (1)(f); whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television broadcasting service, assume that a program that provides coverage of an anti‑siphoning event is the same as a program that provides coverage of another anti‑siphoning event. (4) Subsection (3) does not limit subsection (2). SDTV multi‑channelled commercial television broadcasting service (5) For the purposes of subsection (1), assume that paragraph 5A(1)(d) of Schedule 4 had not been enacted. Definitions (6) In this section: HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4. 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; but does not include the licence area of a commercial television broadcasting licence allocated under section 38C. related terrestrial licence area: (a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area—means a licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or (b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area—means a licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or (c) in relation to a licence allocated under section 38C for the Western Australia TV3 licence area—means a licence area mentioned in column 3 of item 3 of the table in subsection 38C(1). SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4. 33 After section 41D Insert: Division 3—Licence conditions 34 Paragraph 42(1)(a) After "set out in", insert "Division 1 of". 35 After subsection 42(1) Insert: (1A) Each commercial television broadcasting licence allocated under section 38C is also subject to the conditions set out in Division 2 of Part 3 of Schedule 2. 41 After section 43A Insert: 43AA Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees (1) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if: (a) the licensee broadcasts a local news program in the licence area; and (aa) the licensee has not previously broadcast the program in the licence area; and (b) the licence area is wholly or partly included in the licence area of a licence allocated under section 38C; the licensee of the regional commercial television broadcasting licence must: (c) provide the local news program to the licensee of the section 38C licence for broadcast by the section 38C licensee; and (d) do so: (i) simultaneously with the broadcast of the program by the licensee of the regional commercial television broadcasting licence; or (ii) as soon as practicable after the broadcast of the program by the licensee of the regional commercial television broadcasting licence. (2) A program must be provided under subsection (1) by transmitting it in digital mode (within the meaning of Schedule 4). (3) If: (a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and (b) the regional licensee believes, on reasonable grounds, that the broadcasting of a part of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee: (i) committing an offence; or (ii) becoming liable to a civil penalty; or (iii) breaching an order or direction of a court; or (iv) being in contempt of court; subsection (1) has effect as if the program did not include that part of the program. (3A) If: (a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and (b) the regional licensee believes, on reasonable grounds, that the broadcasting of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee: (i) committing an offence; or (ii) becoming liable to a civil penalty; or (iii) breaching an order or direction of a court; or (iv) being in contempt of court; subsection (1) does not apply to the program. (3B) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if: (a) the licensee broadcasts a local news program in the licence area on 2 or more occasions; and (b) the licence area is wholly or partly included in the licence area of a licence allocated under section 38C; the licensee of the regional commercial television broadcasting licence will take reasonable steps to ensure that the licensee of the regional commercial television broadcasting licence does not, on more than one occasion, provide the program to the section 38C licensee for broadcast by the section 38C licensee. (6) This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1). (7) In this section: local news program means: (a) a program that consists solely of local news and/or local weather information; or (b) a program: (i) that consists primarily of local news and/or local weather information; and (ii) the remainder of which consists of other news and/or other weather information; but does not include: (c) a short segment, or a headline update, that is broadcast for the sole or primary purpose of promoting another program; or (d) a short segment, or a headline update, that repeats news content that has previously been broadcast by the licensee concerned. 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; but does not include the licence area of a commercial television broadcasting licence allocated under section 38C. regional licence area means a licence area that is not a metropolitan licence area, but does not include: (a) the licence area of a commercial television broadcasting licence allocated under section 38C; or (b) a licence area specified in column 3 of the table in subsection 38C(1). 43AB Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees Programs to be provided by metropolitan licensees (1) A commercial television broadcasting licence for a metropolitan licence area is subject to the condition that, if: (a) the licensee (the metropolitan licensee) broadcasts a program in a metropolitan licence area on either of the following services (a metropolitan service): (i) a HDTV multi‑channelled commercial television broadcasting service; (ii) a SDTV multi‑channelled commercial television broadcasting service; and (b) before the program is broadcast, a section 38C licensee requests the metropolitan licensee to provide the section 38C licensee with the programs broadcast on the metropolitan service; the metropolitan licensee must: (c) provide the program to the section 38C licensee for broadcast by the section 38C licensee; and (d) do so: (i) simultaneously with the broadcast of that program on the metropolitan service; or (ii) as soon as practicable after the broadcast of that program on the metropolitan service. HDTV digital mode or SDTV digital mode (2) A program must be provided under subsection (1) by transmitting it: (a) if subparagraph (1)(a)(i) applies—in HDTV digital mode (within the meaning of Schedule 4); or (b) if subparagraph (1)(a)(ii) applies—in SDTV digital mode (within the meaning of Schedule 4). SDTV multi‑channelled commercial television broadcasting service (3) For the purposes of subsection (1), assume that paragraph 5A(1)(d) of Schedule 4 had not been enacted. Definitions (4) In this section: HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4. 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; but does not include the licence area of a commercial television broadcasting licence allocated under section 38C. SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4. section 38C licensee means the licensee of a commercial television broadcasting licence allocated under section 38C. 43AC Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees Scope (1) This section applies if the licence area of a commercial television broadcasting licence (the remote terrestrial licence) is a related terrestrial licence area of a licence allocated under section 38C. Programs to be provided by remote terrestrial licensees (2) The remote terrestrial licence is subject to the condition that, if the licensee broadcasts a program in the related terrestrial licence area on either of the following services (a remote terrestrial service): (a) a HDTV multi‑channelled commercial television broadcasting service; (b) a SDTV multi‑channelled commercial television broadcasting service; the licensee of the remote terrestrial licence must: (c) provide the program to the section 38C licensee for broadcast by the section 38C licensee; and (d) do so: (i) simultaneously with the broadcast of that program on the remote terrestrial service; or (ii) as soon as practicable after the broadcast of that program on the remote terrestrial service. HDTV digital mode or SDTV digital mode (3) A program must be provided under subsection (2) by transmitting it: (a) if paragraph (2)(a) applies—in HDTV digital mode (within the meaning of Schedule 4); or (b) if paragraph (2)(b) applies—in SDTV digital mode (within the meaning of Schedule 4). SDTV multi‑channelled commercial television broadcasting service (4) For the purposes of subsection (2), assume that paragraph 5A(1)(d) of Schedule 4 had not been enacted. Definitions (5) In this section: HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4. related terrestrial licence area: (a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area—means a licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or (b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area—means a licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or (c) in relation to a licence allocated under section 38C for the Western Australia TV3 licence area—means a licence area mentioned in column 3 of item 3 of the table in subsection 38C(1). SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4. section 38C licensee means the licensee of a commercial television broadcasting licence allocated under section 38C. 43AD Compensation for acquisition of property (1) If the operation of: (b) section 43AA; or (c) section 43AB; or (d) section 43AC; in relation to the provision of a program to the licensee of a commercial television broadcasting licence would result in an acquisition of property from a person otherwise than on just terms, the licensee is liable to pay a reasonable amount of compensation to the person. (2) If the licensee and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the licensee of such reasonable amount of compensation as the court determines. (3) In this section: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. 42 After section 44 Insert: Division 4—General provisions 43 Section 45 Before "Subject to", insert "(1)". 44 Section 45 After "commercial television broadcasting licences", insert "(other than commercial television broadcasting licences allocated under section 38C)". 45 At the end of section 45 Add: (2) A commercial television broadcasting licence allocated under section 38C remains in force for 10 years. (3) Subsection (2) has effect subject to: (a) subsection 38C(15); and (b) Part 10. 46 Section 50A After "allocated under", insert "section 38C or". Note: The heading to section 50A is altered by inserting "section 38C or" after "allocated under". 47 Section 61AA (definition of core/primary commercial television broadcasting service) Repeal the definition. 48 Section 61AA (definition of primary commercial television broadcasting service) Repeal the definition. 49 Paragraph 95(1)(a) Omit "a company that is formed in Australia or in an external Territory", substitute "a company that is registered under Part 2A.2 of the Corporations Act 2001". 50 Subsection 98D(2) After "this Act", insert "(other than section 43AA, section 43AB or section 43AC)". 51 Paragraphs 121FB(1)(a) and (2)(a) Omit "a company that is formed in Australia or in an external Territory", substitute "registered as a company under Part 2A.2 of the Corporations Act 2001". 52 Paragraph 121FLC(1)(c) Omit "a company that is formed in Australia or in an external Territory", substitute "registered as a company under Part 2A.2 of the Corporations Act 2001". 53 Paragraph 121FLG(1)(c) Omit "a company that is formed in Australia or in an external Territory", substitute "registered as a company under Part 2A.2 of the Corporations Act 2001". 54 Subparagraph 121FLH(1)(c)(i) Omit "a company that is formed in Australia or in an external Territory", substitute "registered as a company under Part 2A.2 of the Corporations Act 2001". 55 Subparagraph 121FLH(1)(c)(ii) Omit "a company that is formed in Australia or in an external Territory", substitute "a company that is registered under Part 2A.2 of the Corporations Act 2001". 56 Paragraph 121FLH(2)(c) Omit "a company that is formed in Australia or in an external Territory", substitute "registered as a company under Part 2A.2 of the Corporations Act 2001". 57 Subsections 122(7) and (8) Repeal the subsections, substitute: (7) Standards under subsection (1) do not apply to a commercial television broadcasting service provided by a commercial television broadcasting licensee before the end of the final digital television switch‑over day, unless that service is the core/primary commercial television broadcasting service provided by the licensee. 58 Subsection 122(9) Omit "section 36 or". 59 Subsection 122(10) Repeal the subsection. 61A After section 123A Insert: 123B Review by the ACMA—application of code of practice to section 38C licences Scope (1) This section applies if: (a) a code of practice (the original code) is registered under section 123; and (b) the code applies to the broadcasting operations of commercial television broadcasting licensees. Review of original code (2) The ACMA may conduct a review of whether the original code is appropriate in its application to the broadcasting operations of licensees of commercial television broadcasting licences allocated under section 38C. Request for development of replacement code (3) If the ACMA: (a) conducts a review of the original code under subsection (2); and (b) considers that the original code is not appropriate in its application to the broadcasting operations of licensees of commercial television broadcasting licences allocated under section 38C; the ACMA may, by written notice given to the industry group that developed the original code: (c) request the industry group to: (i) develop another code of practice (the replacement code) that is expressed to replace the original code; and (ii) give a copy of the replacement code to the ACMA within the period specified in the notice; and (d) specify particular matters that, in the ACMA's opinion, should be addressed in the replacement code. 62 After section 130AB Insert: 130AC Technical standards for digital transmission of television services provided with the use of a satellite (1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission in digital mode of either or both of the following services: (a) commercial television broadcasting services provided under a licence allocated under section 38C; (b) national television broadcasting services provided with the use of a satellite. 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: For compliance by holders of commercial television broadcasting licences, see paragraph 7A(1)(d) of Schedule 2. Definitions (4) In this section: digital mode has the same meaning as in Schedule 4. national television broadcasting service has the same meaning as in Schedule 4. 63 At the end of Part 9A Add: 130BB Technical standards for domestic digital reception equipment—television services provided with the use of a satellite (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 in digital mode: (a) commercial television broadcasting services provided under a licence allocated under section 38C; (b) national television broadcasting services provided with the use of a satellite; (c) community television broadcasting services provided with the use of a satellite; (d) open narrowcasting television services provided with the use of a satellite. 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 in digital mode: (i) commercial television broadcasting services provided under a licence allocated under section 38C; (ii) national television broadcasting services provided with the use of a satellite; (iii) community television broadcasting services provided with the use of a satellite; (iv) open narrowcasting television services provided with the use of a satellite; 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 in digital mode: (i) commercial television broadcasting services provided under a licence allocated under section 38C; (ii) national television broadcasting services provided with the use of a satellite; (iii) community television broadcasting services provided with the use of a satellite; (iv) open narrowcasting television services provided with the use of a satellite; 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 television services provided with the use of a satellite (6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving any or all of the following transmitted in digital mode: (a) commercial television broadcasting services provided under a licence allocated under section 38C; (b) national television broadcasting services provided with the use of a satellite; (ba) community television broadcasting services provided with the use of a satellite; (bb) open narrowcasting television services provided with the use of a satellite; when used: (c) in isolation; or (d) in conjunction with any other equipment. Ministerial direction (6A) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to: (a) determine technical standards under subsection (1); or (b) vary technical standards determined under subsection (1). (6B) The ACMA must comply with a direction under subsection (6A). 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. Definitions (8) In this section: community television broadcasting service means a community broadcasting service that provides television programs. digital mode has the same meaning as in Schedule 4. national television broadcasting service has the same meaning as in Schedule 4. supply has the same meaning as in the Trade Practices Act 1974. 64 After Part 9B Insert: Part 9C—Access to commercial television broadcasting services provided with the use of a satellite 130ZBA Simplified outline The following is a simplified outline of this Part: • A conditional access scheme is a scheme that sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section 38C. • The ACMA may register a conditional access scheme developed by a body or association that represents commercial television broadcasting licensees. • If no conditional access scheme is developed by a body or association that represents commercial television broadcasting licensees, the ACMA may formulate and register a conditional access scheme. Note: Under paragraph 7A(1)(c) of Schedule 2, it is a condition of a licence allocated under section 38C that the licensee will ensure that any conditional access system relating to the services provided under the licence will comply with any conditional access scheme registered under this Part. 130ZB Objectives of conditional access scheme Scope (1) This section applies to a commercial television broadcasting licence allocated under section 38C. Objectives (2) A conditional access scheme for the section 38C licence area complies with this section if the scheme is directed towards the achievement of the objectives set out in this section. (3) The first objective is that: (a) the scheme should specify the related terrestrial licence areas as areas that are taken to be areas (category A reception areas) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services; and (b) if a terrestrial licensee for a related terrestrial licence area is authorised, under paragraph 7(2A)(d) of Schedule 2, to provide a commercial television broadcasting service outside the related terrestrial licence area to one or more persons who are in the section 38C licence area—the scheme should provide that those persons are taken in to be in a category A reception area. (4) The second objective is that the scheme should: (a) specify one or more areas included in the section 38C licence area; or (b) specify a method for ascertaining one or more areas included in the section 38C licence area; that are taken to be areas (category B reception areas) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services. (5) The third objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must enable persons in: (a) a category A reception area; or (b) a category B reception area; to receive those commercial television broadcasting services. (6) Subsection (5) has effect subject to subsections (14) and (15). (7) The fourth objective is that the scheme should provide that so much of the section 38C licence area as is neither: (a) a category A reception area; nor (b) a category B reception area; is a category C reception area. (8) The fifth objective is that the scheme must: (a) if the scheme is developed by a body or association that the ACMA is satisfied represents commercial television broadcasting licensees—identify a company; or (b) if the scheme is formulated by the ACMA—identify the ACMA; as the scheme administrator for the scheme. (9) The sixth objective is that the scheme must authorise the scheme administrator to issue a certificate (a reception certificate) to a person in a category C reception area stating that the person is unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services. (10) The seventh objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must enable a person who: (a) is in a category C reception area; and (b) holds a reception certificate; to receive those commercial television broadcasting services. (11) Subsection (10) has effect subject to subsections (14) and (15). (12) The eighth objective is that, if an application for a reception certificate is made in accordance with the scheme, the application must: (a) be dealt with by the scheme administrator within 15 business days after receiving the application; and (b) be accepted, and dealt with, without requiring: (i) the payment of a fee by the applicant; or (ii) the applicant to incur any expenses (other than the expense of filling in the application and sending it to the scheme administrator). (13) The ninth objective is that the scheme must authorise the scheme administrator to revoke a reception certificate issued to a person if the person is no longer eligible for the reception certificate. (14) The tenth objective is that, if persons are: (a) in a local market area; and (b) not in a category A reception area; a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must not enable those persons to receive those commercial television broadcasting services earlier than 6 months before the time when the local market area becomes a digital‑only local market area. (15) The 11th objective is that, if persons are: (a) in a simulcast area; and (b) not in a local market area; and (c) not in a category A reception area; a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must not enable those persons to receive those commercial television broadcasting services earlier than 6 months before the end of the simulcast period for the simulcast area. (16) In this section: digital‑only local market area has the same meaning as in Schedule 4. local market area has the same meaning as in Schedule 4. related terrestrial licence area: (a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area—means a terrestrial licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or (b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area—means a terrestrial licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or (c) in relation to a licence allocated under section 38C for the Western Australia TV3 licence area—means a terrestrial licence area mentioned in column 3 of item 3 of the table in subsection 38C(1). simulcast area means an area covered by paragraph 6(3)(c) of Schedule 4. simulcast period has the same meaning as in Schedule 4. Note 1: For adequate reception, see section 130ZFA. Note 2: For applicable terrestrial digital commercial television broadcasting services, see section 130ZG. terrestrial licence means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section 38C or subsection 40(1). terrestrial licence area means the licence area of a terrestrial licence. 130ZC Registration of conditional access scheme developed by representative body or association Scope (1) This section applies if: (a) the ACMA is satisfied that a body or association represents commercial television broadcasting licensees; and (b) that body or association develops a conditional access scheme (the new scheme) for the licence area of a commercial television broadcasting licence allocated under section 38C; and (c) the body or association gives a copy of the new scheme to the ACMA; and (d) any of the following subparagraphs applies: (i) the body or association gives the copy of the new scheme to the ACMA within 45 days after the first or only occasion on which a licence for the licence area is allocated under section 38C; (ii) the body or association gives the copy of the new scheme to the ACMA in response to an invitation under section 130ZCAA; (iii) the new scheme is expressed to replace another conditional access scheme registered under this section; and (da) the ACMA is satisfied that the new scheme complies with section 130ZB; and (e) the ACMA is satisfied that the new scheme is consistent with the principle that a person in the licence area should have adequate reception of: (i) all of the applicable terrestrial digital commercial television broadcasting services; or (ii) all of the commercial television broadcasting services that the section 38C licensee is required to provide under clauses 7B and 7C of Schedule 2. Note: This section may cease to apply to a licence area—see subsection 130ZCA(7). Registration (2) The ACMA must: (a) register the new scheme by including it in the register under section 130ZE; and (b) do so within 35 days after the copy of the new scheme is given to the ACMA. 130ZCAA ACMA may invite representative body or association to develop a revised conditional access scheme Scope (1) This section applies if: (a) the ACMA is satisfied that a body or association represents commercial television broadcasting licensees; and (b) that body or association develops a conditional access scheme (the new scheme) for the lic