Broadcasting Services Amendment (Digital Television) Act 2012 (Cth)

Broadcasting Services Amendment (Digital Television) Act 2012

No. 88, 2012

An Act to amend the Broadcasting Services Act 1992, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Broadcasting Services Act 1992

Broadcasting Services Amendment (Digital Television) Act 2012 No. 88, 2012

An Act to amend the Broadcasting Services Act 1992, and for related purposes

[Assented to 28 June 2012]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Broadcasting Services Amendment (Digital Television) Act 2012.

2 Commencement This Act commences on the day after this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Broadcasting Services Act 1992

1 Subsection 38C(1) (table item 1, column 2) After "Australian Capital Territory", insert ", Norfolk Island".

2 Subsection 38C(1) (table item 2, column 2) Omit "and the Northern Territory", substitute ", the Northern Territory and the Coral Sea Islands Territory".

3 Subsection 38C(1) (table item 3, column 2) After "Western Australia", insert ", the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands".

4 After subsection 41CA(5) Insert:

Providing an authorised service on Norfolk Island (5A) A person authorised by a licence allocated under section 38C to provide a commercial television broadcasting service in a licence area including Norfolk Island may provide the service despite a law of Norfolk Island about broadcasting services.

5 Paragraph 130ZB(3)(a) Repeal the paragraph, substitute: (a) the scheme should specify all of the following 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: (i) the related terrestrial licence areas; (ii) the external Territory in the section 38C licence area; (iii) areas (open access areas) identified by the scheme administrator as areas where it is reasonable to expect that, at the end of the simulcast period for the simulcast area, people will be unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services; and (aa) the scheme should specify that the scheme administrator must have regard to the following when deciding whether to identify an area as an open access area: (i) the extent to which people in the area have adequate reception of applicable terrestrial digital commercial television broadcasting services; (ii) the extent to which it is predicted, on a basis agreed by the ACMA and the scheme administrator if the scheme does not identify the ACMA as the scheme administrator, that people in the area will have adequate reception of those services at the end of the simulcast period for the simulcast area; (iii) any information provided by a commercial television broadcasting licensee or the ACMA about the extent to which people in the area have or will have adequate reception of those services; (iv) any representations made to the scheme administrator by persons who reside in the area; (v) any other matters the scheme administrator considers relevant; and (ab) the scheme should, unless it identifies the ACMA as the scheme administrator, specify that the scheme administrator will promptly give the ACMA descriptions of open access areas for publication on the ACMA's website; and