House debates

Thursday, 24 June 2010

Broadcasting Legislation Amendment (Digital Television) Bill 2010

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

(1)    Schedule 1, item 2, page 3 (lines 12 and 13), omit “complies with section 130ZB”, substitute “sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section 38C”.

(2)    Schedule 1, page 3 (after line 29), after item 4, insert:

4A Subsection 6(1)

Insert:

final digital television switch-over day has the meaning given by section 8AE.

(3)    Schedule 1, item 7, page 4 (lines 14 to 18), omit the item, substitute:

7 Subsection 6(1)

Insert:

scheme administrator has the meaning given by subsection 130ZB(8).

(4)    Schedule 1, page 4 (before line 19), before item 8, insert:

7A After section 8AD

Insert:

8AE Final digital television switch-over day

        (1)    For the purposes of this Act, the final digital television switch-over day is the last switch-over day.

        (2)    For the purposes of subsection (1), the last day of a simulcast period is a switch-over day.

        (3)    In this section:

simulcast period has the same meaning as in Schedule 4.

(5)    Schedule 1, item 28, page 14 (lines 4 to 6), omit subsection 41B(1A) (including the note), substitute:

     (1A)    Subsection (1) does not apply, after the commencement of section 38C, to:

             (a)    an eligible parent licence; or

             (b)    an eligible section 38A licence.

Note 1:  For eligible parent licence, see subsection (2E).

Note 2:  For eligible section 38A licence, see subsection (2E).

(6)    Schedule 1, item 29, page 14 (after line 12), after paragraph 41B(2A)(a), insert:

           (aa)    an eligible section 38A licence; or

(7)    Schedule 1, item 29, page 14 (after line 14), after note 1, insert:

Note 1A:      For eligible section 38A licence, see subsection (2E).

(8)    Schedule 1, item 29, page 15 (after line 26), after subsection 41B(2C), insert:

Eligible section 38A licences in force immediately before 1 January 2009

  (2CA)    If:

             (a)    an eligible section 38A licence for a licence area was in force immediately before 1 January 2009; and

             (b)    the eligible section 38A licence authorised the licensee to provide the following 3 services in the licence area:

                   (i)    the core commercial television broadcasting service;

                  (ii)    a HDTV multi-channelled commercial television broadcasting service;

                 (iii)    a SDTV multi-channelled commercial television broadcasting service;

the eligible section 38A licence is taken to authorise the licensee to provide the following services in the licence area:

             (c)    the core commercial television broadcasting service;

             (d)    either:

                   (i)    a HDTV multi-channelled commercial television broadcasting service and a SDTV multi-channelled commercial television broadcasting service; or

                  (ii)    2 SDTV multi-channelled commercial television broadcasting services;

during the simulcast period, or the simulcast-equivalent period, as the case may be, for the licence area.

Note:   For eligible section 38A licence, see subsection (2E).

Eligible section 38A licences allocated on or after 1 January 2009

   (2CB)    If an eligible section 38A licence for a licence area is allocated on or after 1 January 2009 but before the end of whichever of the following periods is applicable:

             (a)    the simulcast period for the licence area;

             (b)    the simulcast-equivalent period for the licence area;

the eligible section 38A licence is taken to authorise the licensee to provide:

             (c)    the following services in the licence area:

                   (i)    a HDTV multi-channelled commercial television broadcasting service;

                  (ii)    2 SDTV multi-channelled commercial television broadcasting services; or

             (d)    3 SDTV multi-channelled commercial television broadcasting services in the licence area;

during the simulcast period, or the simulcast-equivalent period, as the case may be, for the licence area.

Note:   For eligible section 38A licence, see subsection (2E).

(9)    Schedule 1, item 29, page 16 (lines 8 to 24), omit subsection 41B(2E), substitute:

Eligible parent licence, eligible section 38A licence and eligible section 38B licence

      (2E)    For the purposes of this section, if:

             (a)    a person (the original licensee) is or was the licensee of a commercial television broadcasting licence (other than a commercial television broadcasting licence allocated under section 38A or subsection 38B(6), (7), (8) or (9)); and

             (b)    the original licensee is or was allocated an additional commercial television broadcasting licence under section 38A; and

             (c)    after the commencement of section 38C, the original licensee is allocated an additional commercial television broadcasting licence under subsection 38B(6), (7), (8) or (9); and

             (d)    at a particular time, the licences mentioned in paragraphs (a), (b) and (c) are held by the same person (whether or not that person is the original licensee);

then, at that time:

             (e)    the licence mentioned in paragraph (a) is an eligible parent licence; and

              (f)    the licence mentioned in paragraph (b) is an eligible section 38A licence; and

             (g)    the licence mentioned in paragraph (c) is an eligible section 38B licence.

(10)  Schedule 1, item 32, page 18 (line 37), omit “43A(3A) or”.

(11)  Schedule 1, items 36 to 40, page 21 (line 9) to page 22 (line 9), omit the items.

(12)  Schedule 1, item 41, page 22 (line 12), omit “and information”.

(13)  Schedule 1, item 41, page 22 (lines 17 and 18), omit “, or a local information program,”.

(14)  Schedule 1, item 41, page 22 (after line 18), after paragraph 43AA(1)(a), insert:

           (aa)    the licensee has not previously broadcast the program in the licence area; and

(15)  Schedule 1, item 41, page 22 (lines 23 and 24), omit “, or the local information program, as the case may be,”.

(16)  Schedule 1, item 41, page 23 (lines 3 to 7), omit subsection 43AA(3), substitute:

        (3)    If:

             (a)    apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and

             (b)    the regional licensee believes, on reasonable grounds, that the broadcasting of a part of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:

                   (i)    committing an offence; or

                  (ii)    becoming liable to a civil penalty; or

                 (iii)    breaching an order or direction of a court; or

                 (iv)    being in contempt of court;

subsection (1) has effect as if the program did not include that part of the program.

     (3A)    If:

             (a)    apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and

             (b)    the regional licensee believes, on reasonable grounds, that the broadcasting of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:

                   (i)    committing an offence; or

                  (ii)    becoming liable to a civil penalty; or

                 (iii)    breaching an order or direction of a court; or

                 (iv)    being in contempt of court;

subsection (1) does not apply to the program.

      (3B)    A commercial television broadcasting licence for a regional licence area is subject to the condition that, if:

             (a)    the licensee broadcasts a local news program in the licence area on 2 or more occasions; and

             (b)    the licence area is wholly or partly included in the licence area of a licence allocated under section 38C;

the licensee of the regional commercial television broadcasting licence will take reasonable steps to ensure that the licensee of the regional commercial television broadcasting licence does not, on more than one occasion, provide the program to the section 38C licensee for broadcast by the section 38C licensee.

(17)  Schedule 1, item 41, page 23 (lines 8 to 11), omit subsections 43AA(4) and (5).

(18)  Schedule 1, item 41, page 23 (before line 15), before the definition of metropolitan licence area in subsection 43AA(7), insert:

local news program means:

             (a)    a program that consists solely of local news and/or local weather information; or

             (b)    a program:

                   (i)    that consists primarily of local news and/or local weather information; and

                  (ii)    the remainder of which consists of other news and/or other weather information;

but does not include:

             (c)    a short segment, or a headline update, that is broadcast for the sole or primary purpose of promoting another program; or

             (d)    a short segment, or a headline update, that repeats news content that has previously been broadcast by the licensee concerned.

(19)  Schedule 1, item 41, page 23 (lines 24 and 25), omit the definition of regional aggregated commercial television broadcasting licence in subsection 43AA(7).

(20)  Schedule 1, item 41, page 27 (line 13), omit paragraph 43AD(1)(a).

(21)  Schedule 1, item 41, page 27 (line 17), omit “or material”.

(22)  Schedule 1, item 50, page 29 (line 1), omit “subsection 43A(3A),”.

(23)  Schedule 1, items 57 to 61, page 29 (line 27) to page 30 (line 33), omit the items, substitute:

57 Subsections 122(7) and (8)

Repeal the subsections, substitute:

        (7)    Standards under subsection (1) do not apply to a commercial television broadcasting service provided by a commercial television broadcasting licensee before the end of the final digital television switch-over day, unless that service is the core/primary commercial television broadcasting service provided by the licensee.

58 Subsection 122(9)

Omit “section 36 or”.

59 Subsection 122(10)

Repeal the subsection.

(24)  Schedule 1, page 31 (before line 1), before item 62, insert:

61A After section 123A

Insert:

123B Review by the ACMA—application of code of practice to section 38C licences

Scope

        (1)    This section applies if:

             (a)    a code of practice (the original code) is registered under section 123; and

             (b)    the code applies to the broadcasting operations of commercial television broadcasting licensees.

Review of original code

        (2)    The ACMA may conduct a review of whether the original code is appropriate in its application to the broadcasting operations of licensees of commercial television broadcasting licences allocated under section 38C.

Request for development of replacement code

        (3)    If the ACMA:

             (a)    conducts a review of the original code under subsection (2); and

             (b)    considers that the original code is not appropriate in its application to the broadcasting operations of licensees of commercial television broadcasting licences allocated under section 38C;

the ACMA may, by written notice given to the industry group that developed the original code:

             (c)    request the industry group to:

                   (i)    develop another code of practice (the replacement code) that is expressed to replace the original code; and

                  (ii)    give a copy of the replacement code to the ACMA within the period specified in the notice; and

             (d)    specify particular matters that, in the ACMA’s opinion, should be addressed in the replacement code.

(25)  Schedule 1, item 63, page 32 (line 6), omit “either or both”, substitute “any or all”.

(26)  Schedule 1, item 63, page 32 (line 11), omit “satellite.”, substitute “satellite;”.

(27)  Schedule 1, item 63, page 32 (after line 11), at the end of subsection 130BB(1), add:

             (c)    community television broadcasting services provided with the use of a satellite;

             (d)    open narrowcasting television services provided with the use of a satellite.

(28)  Schedule 1, item 63, page 32 (line 16), omit “either or both”, substitute “any or all”.

(29)  Schedule 1, item 63, page 32 (line 21), omit “and”.

(30)  Schedule 1, item 63, page 32 (after line 21), at the end of paragraph 130BB(2)(c), add:

                 (iii)    community television broadcasting services provided with the use of a satellite;

                 (iv)    open narrowcasting television services provided with the use of a satellite; and

(31)  Schedule 1, item 63, page 32 (line 27), omit “either or both”, substitute “any or all”.

(32)  Schedule 1, item 63, page 32 (line 32), omit “and”.

(33)  Schedule 1, item 63, page 32 (after line 32), at the end of paragraph 130BB(3)(a), add:

                 (iii)    community television broadcasting services provided with the use of a satellite;

                 (iv)    open narrowcasting television services provided with the use of a satellite; and

(34)  Schedule 1, item 63, page 33 (line 9), omit “either or both”, substitute “any or all”.

(35)  Schedule 1, item 63, page 33 (after line 14), after paragraph 130BB(6)(b), insert:

           (ba)    community television broadcasting services provided with the use of a satellite;

           (bb)    open narrowcasting television services provided with the use of a satellite;

(36)  Schedule 1, item 63, page 33 (after line 17), after subsection 130BB(6), insert:

Ministerial direction

     (6A)    The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to:

             (a)    determine technical standards under subsection (1); or

             (b)    vary technical standards determined under subsection (1).

      (6B)    The ACMA must comply with a direction under subsection (6A).

(37)  Schedule 1, item 63, page 33 (before line 25), before the definition of digital mode in subsection 130BB(8), insert:

community television broadcasting service means a community broadcasting service that provides television programs.

(38)  Schedule 1, item 64, page 34 (lines 27 and 28), omit “must be”, substitute “complies with this section if the scheme is”.

(39)  Schedule 1, item 64, page 36 (line 19), omit “14 days”, substitute “15 business days”.

(40)  Schedule 1, item 64, page 38 (lines 18 to 25), omit paragraph 130ZC(1)(d), substitute:

             (d)    any of the following subparagraphs applies:

                   (i)    the body or association gives the copy of the new scheme to the ACMA within 45 days after the first or only occasion on which a licence for the licence area is allocated under section 38C;

                  (ii)    the body or association gives the copy of the new scheme to the ACMA in response to an invitation under section 130ZCAA;

                 (iii)    the new scheme is expressed to replace another conditional access scheme registered under this section; and

           (da)    the ACMA is satisfied that the new scheme complies with section 130ZB; and

(41)  Schedule 1, item 64, page 39 (line 5), omit “28”, substitute “35”.

(42)  Schedule 1, item 64, page 39 (after line 6), after section 130ZC, insert:

130ZCAA ACMA may invite representative body or association to develop a revised conditional access scheme

Scope

        (1)    This section applies if:

             (a)    the ACMA is satisfied that a body or association represents commercial television broadcasting licensees; and

             (b)    that body or association develops a conditional access scheme (the new scheme) for the licence area of a commercial television broadcasting licence allocated under section 38C; and

             (c)    the body or association gives a copy of the new scheme to the ACMA; and

             (d)    the body or association gives the copy of the new scheme to the ACMA within 45 days after the first or only occasion on which a licence for the licence area is allocated under section 38C;

and either:

             (e)    the ACMA is not satisfied that the new scheme complies with section 130ZB; or

              (f)    the ACMA is not satisfied that the new scheme is consistent with the principle that a person in the licence area should have adequate reception of:

                   (i)    all of the applicable terrestrial digital commercial television broadcasting services; or

                  (ii)    all of the commercial television broadcasting services that the section 38C licensee is required to provide under clauses 7B and 7C of Schedule 2.

Invitation

        (2)    The ACMA must:

             (a)    by written notice given to the body or association, invite the body or association to:

                   (i)    develop a revised conditional access scheme for the licence area; and

                  (ii)    give a copy of the revised scheme to the ACMA within 30 days after the invitation is given; and

             (b)    do so within 60 days after the copy of the new scheme is given to the ACMA.

(43)  Schedule 1, item 64, page 39 (before line 7), before section 130ZCA, insert:

130ZCAB ACMA may request development of replacement conditional access scheme

Scope

        (1)    This section applies if:

             (a)    a conditional access scheme for a licence area is registered under section 130ZC; and

             (b)    the ACMA is satisfied that the scheme is not achieving one or more of the objectives set out in section 130ZB.

Request

        (2)    The ACMA may, by written notice given to the body or association that developed the scheme:

             (a)    request the body or association to:

                   (i)    develop another conditional access scheme (the replacement scheme) that is expressed to replace the scheme registered under section 130ZC; and

                  (ii)    give a copy of the replacement scheme to the ACMA within the period specified in the notice; and

             (b)    specify particular matters that, in the ACMA’s opinion, should be addressed in the replacement scheme.

        (3)    The period specified in a notice under subsection (2):

             (a)    must not be shorter than 30 days after the notice is given; and

             (b)    must not be longer than 60 days after the notice is given.

(44)  Schedule 1, item 64, page 39 (lines 9 to 18), omit subsection 130ZCA(1), substitute:

Scope

        (1)    This section applies if:

             (a)    the following conditions are satisfied:

                   (i)    a commercial television broadcasting licence is allocated under section 38C for a particular licence area;

    

6:01 pm

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | | Hansard source

I move:

That the amendments be agreed to.

The Senate has agreed to amendments to the Broadcasting Legislation Amendment (Digital Television) Bill 2010 to address issues raised by the Senate committee in its report to the bill and by industry stakeholders since the bill’s introduction. The amendments help facilitate a more effective satellite service and assist the switchover to digital-only television. They also make various technical and other changes to the bill, originally passed in this House on 13 May 2010. The government amendments extend the current exemption from the Australian Content Standard and the Children’s Television Standards and from captioning requirements on multichannel services until digital switchover is completed nationally by 31 December 2013. This will ensure that regional broadcasters can continue to provide the full range of digital services.

The government amendments will also facilitate the rollout of the full range of commercial digital television services to the smaller regional licence areas of South Australia, Broken Hill and Griffith. This will allow the commercial broadcasters in these areas to terrestrially provide an equivalent range of digital television services to those available in the metropolitan and larger regional licence areas. The government amendments also address concerns regarding the ability of the new satellite services viewers to access third party services such as the National Indigenous Television service. Passage of this bill will be a major component of the switchover to digital television, which begins in Mildura at the end of this month.

6:03 pm

Photo of Tony SmithTony Smith (Casey, Liberal Party, Shadow Minister for Broadband, Communications and the Digital Economy) Share this | | Hansard source

The Broadcasting Legislation Amendment (Digital Television) Bill 2010, which we are now finalising in the House, was introduced in March. The second reading debate was on 13 March. It began that day and concluded that day by agreement between the opposition and the government so that the bill could be before the Senate at the earliest opportunity. In fact, the coalition agreed to reduce our speakers’ list and our speaking times in order for the bill to be through the House on 13 May.

Last week, the government produced more than 40 pages of amendments. On Tuesday of this week, the government sought our assistance to have the bill debated in the Senate on the Wednesday—that is, the following day. We agreed to this because there are, as you would appreciate, Mr Deputy Speaker, a number of very critical elements to this bill, with the switch-over beginning in Mildura in just a few days time. There are 40 pages of amendments. The shadow minister is right that many of them do pick up recommendations of the Senate committee, but many others pick up other aspects. We feel that this has been an unsatisfactory process. The bill itself should have been introduced much earlier. The amendments should have been produced earlier and there should have been full debate on them in the Senate.

As I said, on Tuesday evening the government requested that the debate occur on the Wednesday, to which we agreed. Unfortunately, overnight, the government itself decided to list the bill so low in the order of business in the Senate that debate during the time for government business was simply not possible. However, given the critical nature of some aspects of this bill, it was agreed that it would be dealt with in the Senate today on a non-controversial basis. The government did agree not to proceed with some amendments which it, by its own admission, said were not time critical—that is, they can be dealt with in the coming weeks and months when at least they can have some proper parliamentary scrutiny, given the importance of the issues. There are many amendments to the bill. In addition to that, given the process and given the government’s track record, we say here on behalf of the opposition that it is likely that there will be more things to fix up down the track.

In order for those important provisions which are time critical to proceed through the parliament before 30 June and for those other regions facing the switch-over in the coming months, the coalition agreed for the matter to be dealt with in the non-controversial business in the Senate today. We point out, as I have said, that the process the government has chosen has been rather chaotic with such an important issue, but it was important that the critical time nature aspects of the legislation that the government highlighted were able to proceed. It was agreed that those aspects that were not time critical and in fact not really part of the Senate committee inquiry process could be dealt with another day. On that basis, it is incumbent on the government to ensure the proper implementation of these amendments. Given the rush and the government’s own listing of the legislation in the Senate which it had had for a few weeks, and given the government’s own decision to list the legislation so low that it could not considered in its own government business, there has not been the normal scrutiny you would expect on such important legislation. Nonetheless, my friend and colleague and representative in the Senate Senator Cormann has expressed in greater detail all of these concerns. But, as I said, we are supporting it. (Time expired)

Question agreed to.