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This is a Bill, not an Act. For current law, see the Acts databases.
BROADCASTING SERVICES AMENDMENT (REVIEW OF FUTURE USES OF BROADCASTING SERVICES BANDS SPECTRUM) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Broadcasting Services Amendment
(Review of Future Uses of Broadcasting
Services Bands Spectrum) Bill 2011
No. , 2011
(Broadband, Communications and the Digital Economy)
A Bill for an Act to amend the Broadcasting
Services Act 1992, and for related purposes
i Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands
Spectrum) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Broadcasting Services Act 1992
3
Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands
Spectrum) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Broadcasting
1
Services Act 1992, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Broadcasting Services Amendment
5
(Review of Future Uses of Broadcasting Services Bands Spectrum)
6
Act 2011.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services
Bands Spectrum) Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands
Spectrum) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Broadcasting Services Act 1992
3
1 At the end of Part 3
4
Add:
5
35A Reviews relating to the uses of broadcasting services bands
6
spectrum
7
Initial review
8
(1) Before 1 January 2013, the Minister must cause to be conducted a
9
review of:
10
(a) whether broadcasting services bands spectrum that is, or may
11
become, available for allocation should be used for a
12
particular area or areas of Australia to provide television
13
broadcasting services; and
14
(b) if so, what variations (if any) should be made to any licence
15
area plans in force under section 26; and
16
(c) whether broadcasting services bands spectrum that is, or may
17
become, available for allocation should be used for a
18
particular area or areas of Australia to provide services other
19
than television broadcasting services; and
20
(d) if so, what licensing requirements (if any) should apply in
21
relation to those services.
22
Note: For
available for allocation, see subsection (9).
23
Subsequent reviews
24
(2) The Minister may cause to be conducted a review of:
25
(a) whether broadcasting services bands spectrum that is, or may
26
become, available for allocation should be used for a
27
particular area or areas of Australia to provide television
28
broadcasting services; and
29
(b) if so, what variations (if any) should be made to any licence
30
area plans in force under section 26; and
31
(c) whether broadcasting services bands spectrum that is, or may
32
become, available for allocation should be used for a
33
Schedule 1 Amendments
4 Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services
Bands Spectrum) Bill 2011 No. , 2011
particular area or areas of Australia to provide services other
1
than television broadcasting services; and
2
(d) if so, what licensing requirements (if any) should apply in
3
relation to those services.
4
Note: For
available for allocation, see subsection (9).
5
(3) Subsection (2) does not authorise the conduct of a review before
6
the completion of the report of a review conducted under
7
subsection (1).
8
Conduct of a review
9
(4) The following matters must be taken into account in conducting a
10
review under subsection (1) or (2):
11
(a) the objects of this Act;
12
(b) the matters referred to in paragraphs 23(a) to (f) in so far as
13
they are relevant;
14
(c) the availability of broadcasting services bands spectrum;
15
(d) the impact (if any) that introducing new services may have
16
on:
17
(i) existing uses of the broadcasting services bands
18
spectrum; or
19
(ii)
consumers;
20
(e) in the case of a review under subsection (2)--the impact (if
21
any) that introducing new services has had on:
22
(i) existing uses of the broadcasting services bands
23
spectrum; or
24
(ii)
consumers;
25
(f) any other relevant matters.
26
(5) A review under subsection (1) or (2) must be conducted in a
27
manner that provides for wide public consultation.
28
(6) The ACMA must make available such information as is reasonably
29
necessary for the conduct of a review under subsection (1) or (2).
30
Report of a review
31
(7) The Minister must cause to be prepared a report of a review under
32
subsection (1) or (2).
33
Amendments Schedule 1
Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands
Spectrum) Bill 2011 No. , 2011 5
(8) The Minister must cause copies of a report to be laid before each
1
House of the Parliament within 15 sitting days of that House after
2
the completion of the report.
3
Meaning of available for allocation
4
(9) For the purposes of subsections (1) and (2), broadcasting services
5
bands spectrum is, or may become, available for allocation if the
6
ACMA has made, or may make, a determination under section 34
7
in relation to the spectrum.
8
2 Section 35A
9
Repeal the section.
10