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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
As read a third
time
Broadcasting
Legislation Amendment Bill 2001
No. ,
2001
A Bill for an Act to amend
the Broadcasting Services Act 1992, and for other purposes
ISBN: 0642 466300
Contents
THIS bill originated in the Senate; and, having this day passed, is now
ready for presentation to the House of Representatives for its
concurrence.
HARRY EVANS
Clerk of the Senate
The Senate
1 March 2001
A Bill for an Act to amend the Broadcasting Services
Act 1992, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Broadcasting Legislation Amendment Act
2001.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1A Division 2 of Part 11
(heading)
Repeal the heading, substitute:
1B Paragraph 150(a)
Omit “that national broadcasting service has acted contrary to a code
of practice developed by that national broadcasting service”, substitute
“the Corporation has, in providing a national broadcasting service or a
datacasting service, acted contrary to a code of practice developed by the
Corporation”.
Note: The heading to section 150 is altered by adding
at the end “or datacasting services provided by the ABC or
SBS”.
1C Paragraph 151(2)(b)
Omit “that national broadcasting service”, substitute
“the Corporation”.
2 Paragraphs 6(8)(ca) and 19(8)(ca) of
Schedule 4
Repeal the paragraphs.
3 Subparagraphs 37E(2)(a)(i) and 37F(2)(a)(i) of
Schedule 4
Omit “SDTV mode”, insert “SDTV digital
mode”.
4 Paragraph 27A(1)(d) of
Schedule 6
Omit “20A”, substitute “20AA”.
4A After clause 35 of
Schedule 6
Insert:
For the purposes of this Part, the Australian Broadcasting Corporation
and the Special Broadcasting Service Corporation are taken not to be datacasting
licensees.
Note: If the Australian Broadcasting Corporation or the
Special Broadcasting Service Corporation is otherwise a datacasting licensee, it
is a duty of the Board of the Corporation to develop a code of practice that
relates to the service provided under the licence. See paragraph 8(1)(e) of the
Australian Broadcasting Corporation Act 1983 and paragraph 10(1)(j) of
the Special Broadcasting Service Act 1991.
4B At the end of clause 37 of
Schedule 6
Add:
(3) Also, this clause does not apply if the datacasting licensee is the
Australian Broadcasting Corporation or the Special Broadcasting Service
Corporation.
Note: Sections 150 to 153 deal with complaints about a
datacasting service provided by the Australian Broadcasting Corporation or the
Special Broadcasting Service Corporation.
5 Part 6 of Schedule 6
(heading)
Repeal the heading, substitute:
6 Clauses 39 and 40 of
Schedule 6
Repeal the clauses.
Note: The heading to clause 41 is replaced by the
heading “Datacasting transmitter licences not to be controlled by ABC
or SBS”.
1 Subsection 3(1)
Insert:
datacasting licence has the same meaning as in the
Broadcasting Services Act 1992.
2 Subsection 3(1)
Insert:
datacasting service has the same meaning as in the
Broadcasting Services Act 1992.
3 After section 6
Insert:
(1) If:
(a) the Corporation applies for a datacasting licence; and
(b) the licence is allocated to the Corporation;
then, in addition to the functions conferred on the Corporation under
section 6, the Corporation has the function of providing a datacasting
service under, and in accordance with the conditions of, the licence.
(2) However, subsection (1) is not intended to impose any obligation
on the Corporation, in relation to the provision of such a service, beyond that
imposed on the Corporation as holder of such a licence.
4 Paragraph 8(1)(e)
Repeal the paragraph, substitute:
(e) to develop codes of practice relating to:
(i) programming matters; and
(ii) if the Corporation has the function of providing a datacasting
service under section 6A—that service;
and to notify those codes to the Australian Broadcasting
Authority.
1 Section 3
Insert:
datacasting licence has the same meaning as in the
Broadcasting Services Act 1992.
2 Section 3
Insert:
datacasting service has the same meaning as in the
Broadcasting Services Act 1992.
3 After section 6
Insert:
(1) If:
(a) the SBS applies for a datacasting licence; and
(b) the licence is allocated to the SBS;
then, in addition to the functions conferred on the SBS under
section 6, the SBS has the function of providing a datacasting service
under, and in accordance with the conditions of, the licence.
(2) However, subsection (1) is not intended to impose any obligation
on the SBS, in relation to the provision of such a service, beyond that imposed
on the SBS as holder of such a licence.
4 Paragraph 10(1)(j)
Repeal the paragraph, substitute:
(j) to develop codes of practice relating to:
(i) programming matters; and
(ii) if the SBS has the function of providing a datacasting service under
section 6A—that service;
and to notify those codes to the Australian Broadcasting
Authority.