Broadcasting Legislation Amendment (Digital Radio) Act 2018

No. 11, 2018

An Act to amend the law relating to broadcasting, and for other purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Digital radio 3

Part 1—Amendments 3

Broadcasting Services Act 1992 3

Radiocommunications Act 1992 3

Part 2—Application provisions 8

Broadcasting Legislation Amendment (Digital Radio) Act 2018

No. 11, 2018

An Act to amend the law relating to broadcasting, and for other purposes

[Assented to 5 March 2018]

The Parliament of Australia enacts:
1 Short title

This Act is the Broadcasting Legislation Amendment (Digital Radio) Act 2018.
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 Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day this Act receives the Royal Assent. 5 March 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Digital radio

Broadcasting Services Act 1992

 1 Subsections 8AC(6) and (7)

Repeal the subsections.

Radiocommunications Act 1992

 2 Paragraph 9C(1)(d)

Omit all the words after “paragraph (c)”, substitute “were published on the ACMA’s website; and”.

 3 After paragraph 9C(1)(d)

Insert:

 da

the invitations referred to in paragraph (c) were open for whichever of the following periods is applicable:

 i

a period of at least 60 days;

 ii

if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and

 4 Subsections 44A(5) and (7)

Repeal the subsections.

 5 Paragraph 102C(3)(a)

Omit “150”, substitute “120”.

 6 Paragraph 102C(5)(c)

Omit all the words after “paragraph (a)”, substitute “were published on the ACMA’s website; and”.

 7 After paragraph 102C(5)(c)

Insert:

 ca

the invitations referred to in paragraph (a) were open for whichever of the following periods is applicable:

 i

a period of at least 80 days;

 ii

if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and

 8 After subsection 102C(7)

Insert:

Copies of responses to invitations to subscribe for shares

the ACMA may, by written notice given to the applicant, require the applicant to:

then:

 7A

If:

 a

an application is made for a foundation category 1 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

 b

the applicant is an eligible joint venture company;

 c

give the ACMA a copy of each of the responses to the invitations referred to in paragraph (5)(a), so far as that paragraph applies to the promoters of the applicant; and

 d

do so within the period specified in the notice.

 7B

If the applicant breaches the requirement set out in the subsection (7A) notice, the ACMA may, by written notice given to the applicant:

 a

refuse to consider the application; or

 b

refuse to take any action, or any further action, in relation to the application.

 7C

If:

 a

an application is made for a foundation category 1 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

 b

the application includes a statement to the effect that a particular company is a digital community radio broadcasting representative company for the area;

 c

the ACMA may, by written notice given to the company, require the company to:

 i

give the ACMA a copy of each of the responses to the invitations referred to in paragraph 9C(1)(c), so far as that paragraph applies to the promoters of the company; and

 ii

do so within the period specified in the notice; and

 d

if the ACMA gives a notice to the company—the ACMA must give a copy of the notice to the applicant.

 7D

If the company breaches the requirement set out in the subsection (7C) notice, the ACMA may, by written notice given to the applicant:

 a

refuse to consider the application; or

 b

refuse to take any action, or any further action, in relation to the application.

 9 Paragraph 102D(3)(a)

Omit “150”, substitute “120”.

 10 Paragraph 102D(5)(c)

Omit all the words after “paragraph (a)”, substitute “were published on the ACMA’s website; and”.

 11 After paragraph 102D(5)(c)

Insert:

 ca

the invitations referred to in paragraph (a) were open for whichever of the following periods is applicable:

 i

a period of at least 80 days;

 ii

if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and

 12 After subsection 102D(7)

Insert:

Copies of responses to invitations to subscribe for shares

the ACMA may, by written notice given to the applicant, require the applicant to:

then:

 7A

If:

 a

an application is made for a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

 b

the applicant is an eligible joint venture company;

 c

give the ACMA a copy of each of the responses to the invitations referred to in paragraph (5)(a), so far as that paragraph applies to the promoters of the applicant; and

 d

do so within the period specified in the notice.

 7B

If the applicant breaches the requirement set out in the subsection (7A) notice, the ACMA may, by written notice given to the applicant:

 a

refuse to consider the application; or

 b

refuse to take any action, or any further action, in relation to the application.

 7C

If:

 a

an application is made for a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

 b

the application includes a statement to the effect that a particular company is a digital community radio broadcasting representative company for the area;

 c

the ACMA may, by written notice given to the company, require the company to:

 i

give the ACMA a copy of each of the responses to the invitations referred to in paragraph 9C(1)(c), so far as that paragraph applies to the promoters of the company; and

 ii

do so within the period specified in the notice; and

 d

if the ACMA gives a notice to the company—the ACMA must give a copy of the notice to the applicant.

 7D

If the company breaches the requirement set out in the subsection (7C) notice, the ACMA may, by written notice given to the applicant:

 a

refuse to consider the application; or

 b

refuse to take any action, or any further action, in relation to the application.

 13 Subsection 118ND(1)

Omit “3 months”, substitute “50 days”.

 14 At the end of paragraph 118NT(1)(b)

Add:

and (iii) the fractions of multiplex capacity relating to any excess-capacity access entitlements that have previously come into existence under subsections (4) and (7);

 15 Application of amendment of the Broadcasting Services Act 1992

The repeal of subsections 8AC(6) and (7) of the Broadcasting Services Act 1992 by this Schedule applies in relation to a declaration made after the commencement of this item.

 16 Application of amendments of the Radiocommunications Act 1992 1

(1) The amendments of subsection 9C(1) of the Radiocommunications Act 1992 made by this Schedule apply in relation to an invitation given after the commencement of this item.

 2

(2) The amendment of paragraph 102C(3)(a) of the Radiocommunications Act 1992 made by this Schedule applies in relation to a licence issued after the commencement of this item.

 3

(3) The amendments of subsection 102C(5) of the Radiocommunications Act 1992 made by this Schedule apply in relation to an invitation given after the commencement of this item.

 4

(4) The following provisions of the Radiocommunications Act 1992 (as amended by this Schedule) apply in relation to an invitation given after the commencement of this item:

 a

subsection 102C(7A);

 b

subsection 102C(7B);

 c

subsection 102C(7C);

 d

subsection 102C(7D).

 5

(5) The amendment of paragraph 102D(3)(a) of the Radiocommunications Act 1992 made by this Schedule applies in relation to a licence issued after the commencement of this item.

 6

(6) The amendments of subsection 102D(5) of the Radiocommunications Act 1992 made by this Schedule apply in relation to an invitation given after the commencement of this item.

 7

(7) The following provisions of the Radiocommunications Act 1992 (as amended by this Schedule) apply in relation to an invitation given after the commencement of this item:

 a

subsection 102D(7A);

 b

subsection 102D(7B);

 c

subsection 102D(7C);

 d

subsection 102D(7D).

 8

(8) The amendment of subsection 118ND(1) of the Radiocommunications Act 1992 made by this Schedule applies in relation to a licence issued after the commencement of this item.

[Minister’s second reading speech made in—

Senate on 6 December 2017

House of Representatives on 13 February 2018]

(261/17)