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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Broadcasting Services Amendment
(Regional Commercial Radio and Other
Measures) Bill 2020
No. , 2020
(Communications, Cyber Safety and the Arts)
A Bill for an Act to amend the
Broadcasting
Services Act 1992
, and for other purposes
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Regional commercial radio
3
Part 1--Amendments
3
Australian Communications and Media Authority Act 2005
3
Broadcasting Services Act 1992
3
Part 2--Application and transitional provisions
15
Schedule 2--Australian content: transmission quota for
regional/remote commercial television
broadcasting licensees
17
Part 1--Amendments
17
Broadcasting Services Act 1992
17
Part 2--Application and transitional provisions
21
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
1
A Bill for an Act to amend the
Broadcasting
1
Services Act 1992
, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Broadcasting Services Amendment (Regional
5
Commercial Radio and Other Measures) Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1
The 28th day after this Act receives the
Royal Assent.
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Regional commercial radio
Schedule 1
Amendments
Part 1
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
3
Schedule 1--Regional commercial radio
1
Part 1--Amendments
2
Australian Communications and Media Authority Act 2005
3
1 Paragraph 53(2)(k)
4
After "other than", insert "a notice under section 61CH of that Act or".
5
Broadcasting Services Act 1992
6
2 Subsection 6(1)
7
Insert:
8
local content exemption period
has the meaning given by
9
section 8AE.
10
regional commercial radio broadcasting licence
means a
11
commercial radio broadcasting licence the licence area of which is
12
neither:
13
(a) a licence area in which is situated the General Post Office of
14
the capital city of any of the following States:
15
(i) New South Wales;
16
(ii) Victoria;
17
(iii) Queensland;
18
(iv) Western Australia;
19
(v) South Australia; nor
20
(b) the licence area known as Western Suburbs Sydney RA1.
21
3 Subsection 6(1) (definition of
remote area service radio
22
licence
)
23
Omit "(within the meaning of Division 5C of Part 5)".
24
4 After section 8AD
25
Insert:
26
Schedule 1
Regional commercial radio
Part 1
Amendments
4
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
8AE Local content exemption period--regional commercial radio
1
broadcasting licensee
2
(1) For the purposes of this Act, a
local content exemption period
, for
3
the licensee of a regional commercial radio broadcasting licence,
4
is:
5
(a) if:
6
(i) the ACMA, by legislative instrument, specifies a period
7
in relation to one or more specified regional commercial
8
radio broadcasting licensees; and
9
(ii) the period does not exceed 5 weeks; and
10
(iii) the licensees specified in the instrument consist of or
11
include the licensee;
12
that period; or
13
(b) if:
14
(i) paragraph (a) does not apply; and
15
(ii) the ACMA, by legislative instrument, specifies 2
16
periods in relation to one or more specified regional
17
commercial radio broadcasting licensees; and
18
(iii) the periods, in aggregate, do not exceed 5 weeks; and
19
(iv) the licensees specified in the instrument consist of or
20
include the licensee;
21
each of those periods; or
22
(c) if:
23
(i) neither paragraph (a) nor (b) applies; and
24
(ii) the ACMA, by legislative instrument, specifies a period;
25
and
26
(iii) the period does not exceed 5 weeks;
27
that period; or
28
(d) if:
29
(i) none of paragraphs (a), (b) or (c) apply; and
30
(ii) the ACMA, by legislative instrument, specifies 2
31
periods; and
32
(iii) the periods, in aggregate, do not exceed 5 weeks;
33
each of those periods; or
34
(e) if:
35
(i) none of paragraphs (a), (b), (c) or (d) apply; and
36
Regional commercial radio
Schedule 1
Amendments
Part 1
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
5
(ii) the licensee, by written notice given to the ACMA,
1
specifies a period; and
2
(iii) the period does not exceed 5 weeks;
3
that period; or
4
(f) if:
5
(i) none of paragraphs (a), (b), (c), (d) or (e) apply; and
6
(ii) the licensee, by written notice given to the ACMA,
7
specifies 2 periods; and
8
(iii) the periods, in aggregate, do not exceed 5 weeks;
9
each of those periods; or
10
(g) if none of paragraphs (a), (b), (c), (d), (e) or (f) apply--the
11
5-week period beginning on the second Sunday in December
12
each financial year.
13
(2) A period specified under subsection (1) may be:
14
(a) a period that occurs only once; or
15
(b) a recurring period.
16
Notice given to the ACMA--requirements
17
(3) A notice under paragraph (1)(e) or (f) must be given to the ACMA
18
at least 21 days before the earlier of:
19
(a) the start of the next local content exemption period that,
20
disregarding the notice, would be applicable to the licensee
21
giving the notice; and
22
(b) whichever of the following times is applicable:
23
(i) in the case of a notice under paragraph (1)(e)--the start
24
of the period specified in the notice;
25
(ii) in the case of a notice under paragraph (1)(f)--the start
26
of the earlier of the periods specified in the notice.
27
(4) A regional commercial radio broadcasting licensee may only give
28
the ACMA one notice under subsection (1) each financial year.
29
(5) A notice given to the ACMA under subsection (1) cannot be
30
varied.
31
(6) If:
32
Schedule 1
Regional commercial radio
Part 1
Amendments
6
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
(a) a regional commercial radio broadcasting licensee gives the
1
ACMA a notice under subsection (1) (the
earlier notice
) in a
2
financial year; and
3
(b) the licensee gives the ACMA another notice under
4
subsection (1) (the
later notice
) in a later financial year; and
5
(c) the later notice is expressed to replace the earlier notice;
6
the earlier notice is taken to cease to be in force when the later
7
notice is given.
8
(7) If a notice given to the ACMA under subsection (1) (the
original
9
notice
) by a regional commercial radio broadcasting licensee is in
10
force, the licensee may, by written notice to the ACMA, revoke the
11
original notice, so long as the notice of revocation is not given
12
during a period specified in the original notice.
13
(8) If a regional commercial radio broadcasting licensee gives the
14
ACMA a notice under subsection (1), the licensee must publish the
15
notice on its website.
16
(9) If:
17
(a) a regional commercial radio broadcasting licensee gives the
18
ACMA a revocation notice under subsection (7); and
19
(b) the revocation results in paragraph (1)(g) applying to the
20
licensee;
21
the licensee must publish the revocation notice on its website.
22
5 Subsection 8AF(1)
23
Omit "(within the meaning of Division 5C of Part 5)".
24
6 Subsection 43B(10) (definition of
regional commercial radio
25
broadcasting licence
)
26
Repeal the definition.
27
7 Subsection 43C(1A)
28
Repeal the subsection, substitute:
29
(1A) A licence condition imposed as a result of subsection (1) does not
30
require a regional commercial radio broadcasting licensee to
31
broadcast material on a business day included in a local content
32
exemption period for the licensee.
33
Regional commercial radio
Schedule 1
Amendments
Part 1
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
7
8 Subsection 43C(8)
1
Repeal the following definitions:
2
(a) definition of
metropolitan licence area
;
3
(b) definition of
regional commercial radio broadcasting
4
licence
;
5
(c) definition of
regional licence area
.
6
9 Section 61CA
7
Repeal the following definitions:
8
(a) definition of
approved local content plan
;
9
(b) definition of
draft local content plan
.
10
10 Section 61CA (definition of
eligible local news bulletins
)
11
Repeal the definition, substitute:
12
eligible local news bulletins
means local news bulletins that meet
13
the following requirements:
14
(a) the bulletins are broadcast during prime-time hours;
15
(b) the bulletins adequately reflect matters of local significance;
16
(c) none of the bulletins consists wholly of material that has
17
previously been broadcast in the licence area concerned.
18
11 Section 61CA (definition of
eligible local weather bulletins
)
19
Repeal the definition, substitute:
20
eligible local weather bulletins
means local weather bulletins
21
broadcast during prime-time hours.
22
12 Section 61CA
23
Repeal the following definitions:
24
(a) definition of
metropolitan licence area
;
25
(b) definition of
news bulletin
;
26
(c) definition of
regional commercial radio broadcasting
27
licence
;
28
(d) definition of
regional licence area
.
29
Schedule 1
Regional commercial radio
Part 1
Amendments
8
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
13 Section 61CA (definition of
weather bulletin
)
1
Omit "regularly scheduled".
2
14 Sections 61CD and 61CE
3
Repeal the sections, substitute:
4
61CD Licensee must meet minimum service standards for local news
5
and information
6
(1) If a trigger event for a regional commercial radio broadcasting
7
licence has occurred before the commencement of this section,
8
then, after that commencement, the licensee must meet the
9
standards mentioned in subsection (3).
10
(2) If a trigger event for a regional commercial radio broadcasting
11
licence occurs after the commencement of this section, then, after
12
the occurrence of the trigger event, the licensee must meet the
13
standards mentioned in subsection (3).
14
(3) The standards are as follows:
15
(a) minimum business day service standards for local news;
16
(b) minimum weekly service standards for local news;
17
(c) minimum business day service standards for local weather;
18
(d) minimum weekly service standards for local community
19
service announcements;
20
(e) minimum weekly service standards for emergency warnings;
21
(f) if a declaration is in force under subsection 61CE(10)--
22
minimum business day service standards for designated local
23
content programs.
24
Local content exemption period
25
(4) A regional commercial radio broadcasting licensee is not required
26
to meet any of the following standards:
27
(a) minimum business day service standards for local news;
28
(b) minimum business day service standards for local weather;
29
(c) if a declaration is in force under subsection 61CE(10)--
30
minimum business day service standards for designated local
31
content programs;
32
Regional commercial radio
Schedule 1
Amendments
Part 1
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
9
on a business day included in a local content exemption period for
1
the licensee.
2
(5) A regional commercial radio broadcasting licensee is not required
3
to meet any of the following standards:
4
(a) minimum weekly service standards for local news;
5
(b) minimum weekly service standards for local community
6
service announcements;
7
(c) minimum weekly service standards for emergency warnings;
8
during a week included in a local content exemption period for the
9
licensee.
10
61CE Minimum service standards for local news and information
11
Local news
12
(1) For the purposes of this Subdivision, a regional commercial radio
13
broadcasting licensee meets the
minimum business day service
14
standards for local news
on a particular business day if, on that
15
day, the number of eligible local news bulletins broadcast by the
16
licensee is at least:
17
(a) the local news target number; or
18
(b) if the average business-day number of eligible local news
19
bulletins broadcast under the licence during the benchmark
20
year is a number greater than the local news target number--
21
the greater number.
22
(2) For the purposes of subsection (1), the
local news target number
23
is:
24
(a) 1; or
25
(b) if the Minister, by legislative instrument, declares that a
26
greater number is the local news target number--the greater
27
number.
28
(3) For the purposes of subsection (1), the
average business-day
29
number of eligible local news bulletins broadcast under the
30
licence during the benchmark year
is the number calculated using
31
the formula:
32
Schedule 1
Regional commercial radio
Part 1
Amendments
10
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
Number of eligible local news bulletins broadcast under the
licence on business days during the benchmark year
Number of business days in the benchmark year
1
(4) For the purposes of this Subdivision, a regional commercial radio
2
broadcasting licensee meets the
minimum weekly service
3
standards for local news
during a particular week if, during that
4
week, the total duration of eligible local news bulletins broadcast
5
by the licensee is at least 62.5 minutes.
6
Local weather
7
(5) For the purposes of this Subdivision, a regional commercial radio
8
broadcasting licensee meets the
minimum business day service
9
standards for local weather
on a particular business day if, on that
10
day, the number of eligible local weather bulletins broadcast by the
11
licensee is at least the local weather target number.
12
(6) For the purposes of subsection (5), the
local weather target
13
number
is:
14
(a) 1; or
15
(b) if the Minister, by legislative instrument, declares that a
16
greater number is the local weather target number--the
17
greater number.
18
Local community service announcements
19
(7) For the purposes of this Subdivision, a regional commercial radio
20
broadcasting licensee meets the
minimum weekly service
21
standards for local community service announcements
during a
22
particular week if, during that week, the number of local
23
community service announcements broadcast by the licensee is at
24
least the community service target number.
25
(8) For the purposes of subsection (7), the
community service target
26
number
is:
27
(a) 1; or
28
(b) if the Minister, by legislative instrument, declares that a
29
greater number is the local community service target
30
number--the greater number.
31
Regional commercial radio
Schedule 1
Amendments
Part 1
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
11
Emergency warnings
1
(9) For the purposes of this Subdivision, a regional commercial radio
2
broadcasting licensee meets the
minimum weekly service
3
standards for emergency warnings
during a particular week if:
4
(a) on one or more occasions during that week, one or more
5
emergency service agencies asked the licensee to broadcast
6
emergency warnings, and the licensee broadcast those
7
warnings as and when asked to do so by those emergency
8
service agencies; or
9
(b) there was no occasion during that week when an emergency
10
service agency asked the licensee to broadcast an emergency
11
warning.
12
Designated local content programs
13
(10) For the purposes of this Subdivision, the Minister may, by
14
legislative instrument, declare that a regional commercial radio
15
broadcasting licence meets the
minimum business day service
16
standards for designated local content programs
on a particular
17
business day if, on that day, the licensee meets such requirements
18
in relation to designated local content programs as are specified in
19
the declaration.
20
15 Subdivision C of Division 5C of Part 5
21
Repeal the Subdivision, substitute:
22
Subdivision C--Local content statements
23
61CF Licensee must prepare and publish local content statements
24
Scope
25
(1) This section applies if:
26
(a) both:
27
(i) a trigger event for a regional commercial radio
28
broadcasting licence has occurred before the
29
commencement of this section; and
30
(ii) 90 days have passed since the commencement of this
31
section; or
32
Schedule 1
Regional commercial radio
Part 1
Amendments
12
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
(b) both:
1
(i) a trigger event for a regional commercial radio
2
broadcasting licence occurs after the commencement of
3
this section; and
4
(ii) 90 days have passed since the occurrence of the trigger
5
event.
6
Requirements--local content statement
7
(2) For each business day, the licensee of the regional commercial
8
radio broadcasting licence must prepare a statement that:
9
(a) identifies the eligible local news bulletin or bulletins to be
10
broadcast by the licensee on that business day; and
11
(b) identifies the eligible local weather bulletin or bulletins to be
12
broadcast by the licensee on that business day; and
13
(c) contains such other information (if any) as is specified under
14
subsection (4).
15
(3) A statement prepared under subsection (2) is to be known as a
16
local content statement
.
17
(4) For the purposes of paragraph (2)(c), the ACMA may, by
18
legislative instrument, specify information relating to either or both
19
of the following:
20
(a) eligible local news bulletins;
21
(b) eligible local weather bulletins.
22
(5) If the licensee of the regional commercial radio broadcasting
23
licence has prepared a local content statement for a business day,
24
the licensee must:
25
(a) make the statement available to the public by:
26
(i) publishing the statement on the licensee's website; or
27
(ii) providing copies of the statement to any person on
28
request; and
29
(b) do so until the end of the 18-month period that began on the
30
business day.
31
(6) If the licensee of the regional commercial radio broadcasting
32
licence chooses to comply with subsection (5) by providing copies
33
of one or more local content statements to any person on request,
34
Regional commercial radio
Schedule 1
Amendments
Part 1
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
13
the licensee must publish on the licensee's website a notice that
1
states that the licensee will provide copies of those statements to
2
any person on request.
3
(7) If the licensee of the regional commercial radio broadcasting
4
licence has prepared a local content statement, the licensee must
5
retain the statement for at least 18 months
6
Subdivision CA--Licensee to inform the ACMA how the
7
licensee will comply with minimum service standards
8
for emergency warnings
9
61CG Licensee to inform the ACMA how the licensee will comply
10
with minimum service standards for emergency warnings
11
Scope
12
(1) This section applies if:
13
(a) both:
14
(i) a trigger event for a regional commercial radio
15
broadcasting licence has occurred before the
16
commencement of this section; and
17
(ii) 90 days have passed since the commencement of this
18
section; or
19
(b) both:
20
(i) a trigger event for a regional commercial radio
21
broadcasting licence occurs after the commencement of
22
this section; and
23
(ii) 90 days have passed since the occurrence of the trigger
24
event.
25
Requirements
26
(2) The licensee of the regional commercial radio broadcasting licence
27
must take all reasonable steps to ensure that the ACMA is
28
informed, in writing, how the licensee will comply with
29
subsection 61CE(9) (minimum weekly service standards for
30
emergency warnings).
31
Schedule 1
Regional commercial radio
Part 1
Amendments
14
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
Subdivision CB--ACMA's information-gathering powers
1
61CH ACMA's information-gathering powers
2
Scope
3
(1) This section applies to information that is relevant to the operation
4
of Subdivision B.
5
Requirement
6
(2) The ACMA may, by written notice given to a regional commercial
7
radio broadcasting licensee, require the licensee to:
8
(a) give the ACMA any such information; and
9
(b) do so within the period, and in the manner, specified in the
10
notice.
11
Compliance
12
(3) A regional commercial radio broadcasting licensee must comply
13
with a requirement under subsection (2) to the extent that the
14
licensee is capable of doing so.
15
16 Section 61CT
16
Repeal the section.
17
Regional commercial radio
Schedule 1
Application and transitional provisions
Part 2
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
15
Part 2--Application and transitional provisions
1
17 Application
--local content requirements
2
(1)
The amendments of section 43C and Division 5C of Part 5 of the
3
Broadcasting Services Act 1992
made by this Schedule (other than the
4
amendments made by items 9, 15 and 16 of this Schedule) apply in
5
relation to material broadcast by a regional commercial radio
6
broadcasting licensee during:
7
(a) the first week beginning after the commencement of this
8
item; and
9
(b) each later week.
10
(2)
In this item:
11
week
means a 7-day period that begins on a Sunday.
12
18 Transitional
--local content exemption periods
13
(1)
If, immediately before the commencement of this item, an instrument
14
made by the ACMA under subsections 43C(1A) and 61CD(2) of the
15
Broadcasting Services Act 1992
was in force, the instrument has effect,
16
after that commencement, as if:
17
(a) the instrument had been made by the ACMA under
18
paragraph 8AE(1)(a) of that Act (as amended by this
19
Schedule); and
20
(b) the words "means a commercial radio broadcasting licence
21
that has a regional licence area" were omitted from the
22
definition of
regional commercial radio broadcasting
23
licence
in section 3 of the instrument and the words "has the
24
same meaning as in the Act" were substituted; and
25
(c) the note were omitted from section 3 of the instrument; and
26
(d) each reference in section 4 of the instrument to
27
subsection 43C(1A) of the
Broadcasting Services Act 1992
28
were a reference to paragraph 8AE(1)(a) of that Act (as
29
amended by this Schedule); and
30
(e) each reference in section 4 of the instrument to Monday were
31
a reference to Sunday; and
32
(f) subsections 5(1) and (2) of the instrument were omitted; and
33
Schedule 1
Regional commercial radio
Part 2
Application and transitional provisions
16
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
(g) each reference in section 5 of the instrument (other than
1
subsections 5(1) and (2) of the instrument) to
2
subsection 61CD(2) of the
Broadcasting Services Act 1992
3
were a reference to paragraph 8AE(1)(a) of that Act (as
4
amended by this Schedule); and
5
(h) the reference in Schedule 1 to the instrument to
6
subsections 4(1) and 5(1) of the instrument were a reference
7
to subsection 4(1) of the instrument; and
8
(i) the reference in Schedule 2 to the instrument to
9
subsections 4(2) and 5(2) of the instrument were a reference
10
to subsection 4(2) of the instrument.
11
(2)
If:
12
(a) immediately before the commencement of this item, an
13
instrument made by the ACMA under subsections 43C(1A)
14
and 61CD(2) of the
Broadcasting Services Act 1992
was in
15
force; and
16
(b) a regional commercial radio broadcasting licence is listed in
17
column 2 of the table in Schedule 3 to the instrument;
18
then, for the purposes of the application of section 43C of that Act to
19
the holder of the regional commercial radio broadcasting licence,
20
disregard subsection 5(3) of the instrument.
21
Australian content: transmission quota for regional/remote commercial television
broadcasting licensees
Schedule 2
Amendments
Part 1
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
17
Schedule 2--Australian content: transmission
1
quota for regional/remote commercial
2
television broadcasting licensees
3
Part 1--Amendments
4
Broadcasting Services Act 1992
5
1 At the end of subsection 121G(2)
6
Add:
7
Note:
See also section 121H (which deals with compliance by
8
regional/remote commercial television broadcasting licensees).
9
2 After section 121G
10
Insert:
11
121H Australian content: transmission quota for regional/remote
12
commercial television broadcasting licensees
13
Deemed compliance
14
(1) If:
15
(a) apart from this section, a regional/remote commercial
16
television broadcasting licensee did not comply with
17
subsection 121G(2) for a calendar year; and
18
(b) the regional/remote commercial television broadcasting
19
licensee gives the ACMA a written notice that:
20
(i) states that the regional/remote commercial television
21
broadcasting licensee wants to rely on this section for
22
the calendar year; and
23
(ii) specifies a particular metropolitan commercial
24
television broadcasting licensee; and
25
(iii) is in a form approved in writing by the ACMA; and
26
(c) the notice is given within:
27
(i) 30
days after the end of the calendar year; or
28
(ii) such longer period as the ACMA allows; and
29
Schedule 2
Australian content: transmission quota for regional/remote commercial
television broadcasting licensees
Part 1
Amendments
18
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
(d) the total number of hours of Australian programs that were
1
transmitted by the regional/remote commercial television
2
broadcasting licensee:
3
(i) during targeted viewing hours in the calendar year; and
4
(ii) on such of its secondary commercial television
5
broadcasting services as were equivalent to secondary
6
commercial television broadcasting services of the
7
metropolitan commercial television broadcasting
8
licensee (the
equivalent metropolitan secondary
9
commercial television broadcasting services
);
10
was not less than the total number of hours of Australian
11
programs transmitted by the metropolitan commercial
12
television broadcasting licensee:
13
(iii) during targeted viewing hours in the calendar year; and
14
(iv) on the equivalent metropolitan secondary commercial
15
television broadcasting services;
16
the regional/remote commercial television broadcasting licensee is
17
taken to have complied with subsection 121G(2) for the calendar
18
year.
19
Publication of copy of notice
20
(2) If a notice is given under paragraph (1)(b), the ACMA must
21
publish a copy of the notice on the ACMA's website.
22
Application of subsection 121G(3)
23
(3) Subsection 121G(3) applies to paragraph (1)(d) in a corresponding
24
way to the way in which it applies to subsection 121G(2).
25
Equivalent services
26
(4) For the purposes of this section, if the program content of a
27
secondary commercial television broadcasting service provided by
28
a regional/remote commercial television broadcasting licensee is
29
the same, or substantially the same, as the program content of a
30
secondary commercial television broadcasting service provided by
31
a metropolitan commercial broadcasting licensee, then those
32
services are
equivalent
to each other.
33
Australian content: transmission quota for regional/remote commercial television
broadcasting licensees
Schedule 2
Amendments
Part 1
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
19
Definitions
1
(5) In this section:
2
Australian program
has the same meaning as in section 121G.
3
metropolitan commercial television broadcasting licensee
means
4
a commercial television broadcasting licensee whose licence area
5
is a metropolitan licence area.
6
metropolitan licence area
means a licence area in which is situated
7
the General Post Office of the capital city of:
8
(a) New South Wales; or
9
(b) Victoria; or
10
(c) Queensland; or
11
(d) Western Australia; or
12
(e) South Australia.
13
regional/remote commercial television broadcasting licensee
14
means a commercial television broadcasting licensee whose
15
licence area is a regional/remote licence area.
16
regional/remote licence area
means any of the following licence
17
areas:
18
(a) Northern New South Wales TV1;
19
(b) Southern New South Wales TV1;
20
(c) Regional Victoria TV1;
21
(d) Eastern Victoria TV1;
22
(e) Western Victoria TV1;
23
(f) Regional Queensland TV1;
24
(g) Tasmania TV1;
25
(h) Broken Hill TV1;
26
(i) Darwin TV1;
27
(j) Geraldton TV1;
28
(k) Griffith and MIA TV1;
29
(l) Kalgoorlie TV1;
30
(m) Mildura/Sunraysia TV1;
31
(n) Mount Gambier/South East TV1;
32
(o) Mt Isa TV1;
33
Schedule 2
Australian content: transmission quota for regional/remote commercial
television broadcasting licensees
Part 1
Amendments
20
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
No. , 2020
(p) Riverland TV1;
1
(q) South West and Great Southern TV1;
2
(r) Spencer Gulf TV1;
3
(s) Remote and Regional WA TV1;
4
(t) Remote Central and Eastern Australia TV1;
5
(u) Western Zone TV1;
6
(v) South Eastern Australia TV3;
7
(w) Northern Australia TV3;
8
(x) Western Australia TV3;
9
(y) Remote and Central Eastern Australia TV2.
10
secondary commercial television broadcasting service
, of a
11
commercial television broadcasting licensee,
means a commercial
12
television broadcasting service provided by the licensee that is not
13
the licensee's primary commercial television broadcasting service.
14
targeted viewing hours
has the same meaning as in section 121G.
15
Australian content: transmission quota for regional/remote commercial television
broadcasting licensees
Schedule 2
Application and transitional provisions
Part 2
No. , 2020
Broadcasting Services Amendment (Regional Commercial Radio and
Other Measures) Bill 2020
21
Part 2--Application and transitional provisions
1
3 Application
--Australian content: transmission quota for
2
regional/remote commercial television broadcasting
3
licensees
4
Section 121H of the
Broadcasting Services Act 1992
(as amended by
5
this Schedule) applies in relation to Australian programs transmitted
6
during:
7
(a) the 2019 calendar year; and
8
(b) each later calendar year.
9
4 Transitional
--notices for the 2019 calendar year
10
Subparagraph 121H(1)(c)(i) of the
Broadcasting Services Act 1992
(as
11
amended by this Schedule) has effect, in relation to a notice for the
12
2019 calendar year, as if "after the end of the calendar year" were
13
omitted and "after the commencement of this section" were substituted.
14