Gary Gray (Brand, Australian Labor Party, Parliamentary Secretary for Regional Development and Northern Australia) Share this | Hansard source

I present a revised explanatory memorandum to this bill and move:

That this bill be now read a second time.

The Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008 makes amendments to the Broadcasting Services Act 1992 to enable the government to set a staggered, region by region digital switch-over timetable for the transition to digital-only television.

It implements the government’s policy to achieve digital switch-over by the end of 2013.

The switch-over to digital-only television represents the most fundamental change in broadcasting in Australia since analog television began over 50 years ago.

Digital television provides benefits to viewers including additional channels, and improved picture and sound quality.

The spectrum made available by switching off analog television, known as the digital dividend, has the potential to be used for a wide range of new wireless services.

A firm timetable to implement switch-over will provide certainty for customers and industry in the transition to digital.

This bill provides the mechanism for the government to set a final switch-over timetable which will conclude by 31 December 2013.

At present, switch-over dates are set in relation to television broadcasting licence areas, by setting the so-called ‘simulcast period’ for the simultaneous transmission of analog and digital signals within a licence area.

At the end of the simulcast period, analog transmissions would cease while digital transmissions will continue.

The simulcast period is currently set to end on 31 December 2009 in metropolitan areas, and 31 March or 31 December 2011 in non-remote regional areas, depending on the licence area.

The simulcast period for a licence area can be extended by regulation, but not shortened.

It is widely accepted that these dates are not appropriate for a smooth transition to digital-only television.

The bill allows the Minister for Broadband, Communications and the Digital Economy to determine by legislative instrument local market areas for switch-over, and switch-over dates for those markets.

Similarly, the minister can determine the switch-over date for a television licence area by setting the simulcast period for that area.

This will mean that, if appropriate, some areas could switch off analog earlier than currently permitted.

It also allows geographical areas smaller than television licence areas to be the basis of a switch-over timetable.

This will allow the government’s switch-over program to better reflect local market conditions and circumstances.

The bill also provides for switch-over dates for a particular area to be varied by up to three months before or after the date originally determined by the minister.

This will allow the government to identify a six-month window for switch-over in a particular local market or licence area, and for the switch-over dates to be finessed in response to local issues as they arise.

In exceptional circumstances the switch-over date may be extended beyond the six-month window for a particular area:

• where there are significant technical or engineering reasons; and
• where those circumstances could not have reasonably been foreseen six months before the determined date by one or more of the broadcasters in that area.

The bill requires that all regions must have switched over by 31 December 2013.

Amendments to the bill passed by the Senate require minimum analog switch-off readiness criteria to be determined by the minister and that the switch-over readiness of local market areas be assessed against these criteria.

These provisions have the potential to delay the government’s timetable for digital television switch-over by the end of 2013 through the possibility of switch-over being deferred if arbitrary readiness criteria are not met.

A firm switch-over timetable is important to give certainty to industry and customers.

This has been the overwhelming experience in overseas countries that have already switched, or are in the process of switching, to digital.

These items, as they stand, will be damaging to switch-over. The government intends to move amendments to the bill to remove these items.

Amendments passed by the Senate also require the minister to tender a quarterly report on digital transmission issues to each house of parliament.

The government does not accept these amendments and will introduce its own amendments and address those of the opposition in consideration in detail.

The switch-over to digital is important to Australia.

It will not only introduce new channels for viewers but also free up valuable spectrum. This freed-up spectrum will allow for new communications services to be introduced in Australia.

It is important, therefore, we get this right and that the bill ensures the smooth introduction of digital television into Australia for all Australians.

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