Commonwealth: Communications Legislation Amendment Act (No. 3) 2003 (Cth)

Communications Legislation Amendment Act (No. 3) 2003 No. 108, 2003 An Act to amend legislation related to communications, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Part 1—Solus television markets Broadcasting Services Act 1992 Radiocommunications Act 1992 Part 2—Two‑service television markets Broadcasting Services Act 1992 Part 3—Transmission of datacasting services Radiocommunications Act 1992 Part 4—Variations to approved implementation plans Broadcasting Services Act 1992 Part 5—Penalties payable instead of prosecution Telecommunications Act 1997 Communications Legislation Amendment Act (No. 3) 2003 No. 108, 2003 An Act to amend legislation related to communications, and for related purposes [Assented to 24 October 2003] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Communications Legislation Amendment Act (No. 3) 2003. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. 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 24 October 2003 2. Schedule 1, Part 1 A single day to be fixed by Proclamation, subject to subsection (3) 12 December 2003 (s 2(1); Gazette 2003, GN49) 3. Schedule 1, Parts 2 to 4 The day on which this Act receives the Royal Assent 24 October 2003 4. Schedule 1, Part 5 The 28th day after the day on which this Act receives the Royal Assent 21 November 2003 Note: This table relates only to the provisions of this Act as originally passed by 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 is for additional information that is not part of this Act. This information may be included in any published version of this Act. (3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 Part 1—Solus television markets Broadcasting Services Act 1992 1 After subclause 6(5A) of Schedule 4 Insert: (5AA) If: (a) the holder of a commercial television broadcasting licence holds another commercial television broadcasting licence; and (b) the other licence was allocated under section 38A before 1 January 2001; and (c) the licences relate to the same licence area (within the meaning of that section); and (d) within 90 days after the commencement of this subclause, the holder gives the ABA a written notice electing that this subclause apply to both of the commercial television broadcasting services concerned; then: (e) paragraphs (3)(d), (e) and (ha) do not apply to either of the commercial television broadcasting services concerned; and (f) Part A of the commercial television conversion scheme must be directed towards ensuring the achievement of the objectives set out in subclause (5B). 2 Subclause 6(5B) of Schedule 4 Omit "paragraph (5A)(f)", substitute "paragraphs (5A)(f) and (5AA)(f)". 3 Paragraph 37E(4)(c) of Schedule 4 After "subclause 6(5A)", insert "or (5AA)". 4 Subparagraph 60(1)(g)(vi) of Schedule 4 After "subclauses 6(5A),", insert "(5AA),". Radiocommunications Act 1992 5 Paragraph 102A(2A)(a) After "(the first transmitter licence)", insert "is or". 6 Paragraph 102A(2A)(c) Repeal the paragraph, substitute: (c) either before or after the issue of the first transmitter licence, another commercial television broadcasting licence (the additional BSA licence) is or was allocated to the person under section 38A or 38B of the Broadcasting Services Act 1992; and 7 Paragraph 102A(2A)(f) After "subclause 6(5A)", insert "or (5AA)". Part 2—Two‑service television markets Broadcasting Services Act 1992 8 Paragraph 38B(18)(c) Repeal the paragraph, substitute: (c) if the licence area for the licence is not of the kind mentioned in paragraph (b)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) within 1 year of being allocated the licence or within such longer period as is notified in writing by the ABA. 9 Subsection 38B(26) (paragraph (b) of the definition of designated time) Repeal the paragraph, substitute: (b) in any other case—the time determined by the ABA in relation to the licence area under subsection (27). 10 At the end of section 38B Add: (27) The ABA may, by writing, determine a time in relation to a licence area for the purposes of the definition of designated time in paragraph (26)(b). (28) For a licence area that is not a remote licence area (within the meaning of Schedule 4), the time determined under subsection (27) must be no later than 1 January 2006. Part 3—Transmission of datacasting services Radiocommunications Act 1992 11 Subsection 100A(1A) Repeal the subsection. 12 Subsection 100A(1C) Repeal the subsection. 13 Subsection 100A(2) (definition of coverage area) Repeal the definition. 14 Subsection 100B(2A) Repeal the subsection. 15 Subsection 100B(2C) Repeal the subsection. 16 Subsection 100B(3) (definition of coverage area) Repeal the definition. 17 Subsection 102(4) Repeal the subsection. 18 Subsection 102(6) Repeal the subsection. 19 Subsection 102(7) Repeal the subsection. 20 Subsection 102A(4) Repeal the subsection. 21 Subsection 102A(6) Repeal the subsection. 22 Subsection 102A(7) Repeal the subsection. Part 4—Variations to approved implementation plans Broadcasting Services Act 1992 23 At the end of clause 20 of Schedule 4 Add: (10) The Minister may, by writing, delegate to: (a) the Secretary of the Department; or (b) an SES employee or acting SES employee in the Department; the Minister's power to approve, or to refuse to approve, variations to approved implementation plans. 24 Application The amendment made by this Part applies to variations given to the Minister either before or after the commencement of this Part. Part 5—Penalties payable instead of prosecution Telecommunications Act 1997 25 Subsection 399(1) (note) Omit "Note", substitute "Note 1". 26 At the end of subsection 399(1) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 27 Subsection 411(2) (note) Omit "Note", substitute "Note 1". 28 At the end of subsection 411(2) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 29 Subsection 413(2) (note) Omit "Note", substitute "Note 1". 30 At the end of subsection 413(2) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 31 Subsection 414(2) (note) Omit "Note", substitute "Note 1". 32 At the end of subsection 414(2) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 33 Subsection 415(2) (note) Omit "Note", substitute "Note 1". 34 At the end of subsection 415(2) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 35 Subsection 416(2) (note) Omit "Note", substitute "Note 1". 36 At the end of subsection 416(2) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 37 Subsection 417(2) (note) Omit "Note", substitute "Note 1". 38 At the end of subsection 417(2) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 39 Subsection 420(2) (note) Omit "Note", substitute "Note 1". 40 At the end of subsection 420(2) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 41 Subsection 421(4) (note) Omit "Note", substitute "Note 1". 42 At the end of subsection 421(4) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 43 Subsection 434(1) (note) Omit "Note", substitute "Note 1". 44 At the end of subsection 434(1) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 45 Subsection 434(2) (note) Omit "Note", substitute "Note 1". 46 At the end of subsection 434(2) Add: Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution). 47 At the end of Part 21 Add: Division 13—Penalties payable instead of prosecution 453A Penalties payable instead of prosecution (1) The regulations may make provision in relation to enabling a person who is alleged to have committed an offence of a kind referred to in the following table to pay to the Commonwealth, as an alternative to prosecution, a penalty of an amount worked out in accordance with subsection (2). (2) The amount of penalty payable to the Commonwealth under regulations made for the purposes of subsection (1) in respect of an offence is determined using the following table: Penalties payable Item Alleged offence Penalty for individual Penalty for body corporate 1 subsection 399(1) 12 penalty units 60 penalty units 2 subsection 411(2) 12 penalty units 60 penalty units 3 subsection 413(2) 12 penalty units 60 penalty units 4 subsection 414(2) 12 penalty units 60 penalty units 5 subsection 415(2) 12 penalty units 60 penalty units 6 subsection 416(2) 12 penalty units 60 penalty units 7 subsection 417(2) 6 penalty units 30 penalty units 8 subsection 420(2) 12 penalty units 60 penalty units 9 subsection 421(4) 12 penalty units 60 penalty units 10 subsection 434(1) or (2) 12 penalty units 60 penalty units 48 Application The amendments made by this Part apply in relation to all offences (whether alleged to have been committed before or after this Part commences) in respect of which no penalty had yet been imposed as at the time of that commencement. [Minister's second reading speech made in— House of Representatives on 19 June 2003 Senate on 21 August 2003] (66/03)