IP/N/1/AUS/C/10  
 
18 June 2013  
(13-3148)  Page: 1/122  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
AUSTRALIA  
This document reproduces the text1 of the Broadcasting Legislation Amendment (Digital Television) 
Act 2010, No. 94, 2010 - An Act to amend legislation relating to broadcasting, and for other purposes, as notified by Australia on 22 May 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/AUS/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
AUSTRALIE  
Le présent document contient le texte1 de la Loi n° 94 de 2010 portant modification de la 
législation relative à la radiodiffusion (télévision numérique) – Modification de la législation relative 
à la radiodiffusion et autres objectifs, notifiée par l'Australie le 22 mai 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/AUS/5). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
AUSTRALIA  
En el presente documento se reproduce el texto1 de la Ley de 2010 que modifica la legislación 
relativa a la radiodifusión (televisión digital), Nº 94, 2010 – Ley para modificar la legislación 
relativa a la radiodifusión y para otros fines, notificado por Australia el 22 de mayo de 2013 en 
virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/AUS/5). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/AUS/C/10 
 
- 2 - 
 
  PP 3-122 - Offset (Pdf file attached) 
PP 3 à 122 - Offset (fichier Pdf joint) PP 3-122 - Offset (fichero Pdf adjunto)   
Note: An electronic version of this Act is av ailable in ComLaw (http://www.comlaw.gov.au/) 
 
 
 
 
  
 
 
Broadcasting Legislation Amendment 
(Digital Television) Act 2010 
 
No. 94, 2010 
 
 
  
 
An Act to amend legislation relating to 
broadcasting, and for other purposes 
   
   
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 3 -ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 4 - 
 
i       Broadcasting Legislation Amendment (D igital Television) Act 2010       No. 94, 2010 Contents 
1 Short title...........................................................................................1
2 Commencement.................................................................................23 Schedule(s) ........................................................................................2
Schedule 1—Amendments  3
Broadcasting Services Act 1992  3
Copyright Act 1968  92
Radiocommunications Act 1992  112
 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 5 -ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 6 - 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010       1 
 
 
 
Broadcasting Legislation Amendment 
(Digital Television) Act 2010 
No. 94, 2010 
  
 
An Act to amend legislation relating to 
broadcasting, and for other purposes 
[Assented to 29 June 2010] 
The Parliament of Australia enacts: 
1  Short title 
  This Act may be cited as the Broadcasting Legislation Amendment 
(Digital Television) Act 2010 . 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 7 -   
   
 
 
2            Broadcasting Legislation Amendmen t (Digital Television) Act 2010       No. 94, 2010 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 
Column 1 Column 2 Column 3 
Provision(s) Commen cement Date/Details 
1.  Sections 1 to 3 
and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 29 June 2010 
2.  Schedule 1 The day afte r this Act receives the Royal 
Assent. 30 June 2010 
Note: This table relates only to the pr ovisions of this Act as originally 
passed by both Houses of the Parliament  and assented to. It will not be 
expanded to deal with provisions inserted in this Act after assent. 
 (2) Column 3 of the table contains additional information that is not 
part of this Act. Information in this column may be added to or 
edited in any published version of this Act. 
3  Schedule(s) 
  Each Act that is specified in a Schedule to this Act is amended or 
repealed as set out in the app licable items in the Schedule 
concerned, and any other item in a Schedule to this Act has effect 
according to its terms. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 8 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            3  
Schedule 1—Amendments 
   
Broadcasting Services Act 1992  
1  Subsection 6(1) (before para graph (a) of the definition of 
commercial television broadcasting licence ) 
Insert: 
 (aa) in the case of a licence allocated under section 38C—the 
commercial television broadcasting services that, under 
section 41CA, are authorised by the licence; or 
2  Subsection 6(1) 
Insert: 
conditional access scheme  means a scheme that sets out rules 
relating to access to services provided under a commercial 
television broadcasting licence allocated under section 38C. 
3  Subsection 6(1) (at the end of the definition of core 
commercial television broadcasting service ) 
Add: 
Note: There is no core commercial television broadcasting service in relation 
to a licence allocated on or after 1 January 2009. This is because core 
commercial television broadcasting services are certain services 
authorised by licences allo cated before 1 January 2009. 
4  Subsection 6(1) 
Insert: 
core/primary commercial television broadcasting service , in 
relation to a commercial television broadcasting licence, means: 
 (a) if a core commercial television broadcasting service is 
provided under the licence—that service; or 
 (b) if a primary commercial television broadcasting service 
(within the meaning of Schedule 4) is provided under the 
licence—that service. 
4A  Subsection 6(1) 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 9 -Schedule 1   Amendments  
   
 
 
4            Broadcasting Legislation Amendmen t (Digital Television) Act 2010       No. 94, 2010 Insert: 
final digital television switch-over day  has the meaning given by 
section 8AE. 
5  Subsection 6(1) (definition of licence area ) 
Repeal the definition, substitute: 
licence area  means: 
 (a) an area designated by the ACMA under section 29, 40 or 
92G; or 
 (b) an area specified in column 1 of the table in subsection 
38C(1). 
Note 1: See also section 8AD, which deals with deemed radio broadcasting 
licence areas. 
Note 2: See also section 8 of the Broadcasting Services (Transitional 
Provisions and Consequential Amendments) Act 1992 , which deals 
with deemed licence areas. 
6  Subsection 6(1) 
Insert: 
reception certificate  means a reception certificate issued under a 
conditional access scheme registered under Part 9C. 
7  Subsection 6(1) 
Insert: 
scheme administrator  has the meaning given by subsection 
130ZB(8). 
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 . 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 10 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            5  (3) In this section: 
simulcast period  has the same meaning as in Schedule 4. 
8  Section 14 
Before “Commercial broadcasting services”, insert “(1)”. 
9  At the end of section 14 
Add: 
 (2) For the purposes of the application of subsection (1) to a 
broadcasting service provided under a licence allocated under 
section 38C, assume that there is no conditional access system that relates to the broadcasting service. 
10  At the end of section 29 
Add: 
 (3) This section does not apply to a licence allocated under 
section 38C. 
11  Before section 35A 
Insert: 
Division 1—Allocation of licences 
12  Paragraph 37(1)(a) 
Omit “formed in Australia or in an  external Territory”, substitute 
“registered as a company under Part 2A.2 of the Corporations Act 
2001”. 
13  After paragraph 38A(1)(a) 
Insert: 
 (aa) the parent licence is not a licence allocated under 
section 38C; and 
14  Paragraph 38B(1)(b) 
Repeal the paragraph. 
15  At the end of paragraph 38B(1)(c) 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 11 -Schedule 1   Amendments  
   
 
 
6            Broadcasting Legislation Amendmen t (Digital Television) Act 2010       No. 94, 2010 Add “and”. 
16  After paragraph 38B(1)(c) 
Insert: 
 (ca) the ACMA, by notice published in the Gazette , invites: 
 (i) the existing licensees to give the ACMA a joint written 
notice under paragraph (d); and 
 (ii) each existing licensee to give the ACMA a written 
notice under paragraph (e); 
  during the period specified in the notice; 
17  Subsection 38B(1) 
Omit “90 days after the designated time for the licence area”, substitute 
“the period specified in the paragraph (ca) notice”. 
18  Subparagraph 38B(1)(d)(iii) 
Omit “formed in Australia or an external Territory”, substitute 
“registered as a company under Part 2A.2 of the Corporations Act 
2001”. 
19  After subsection 38B(1) 
Insert: 
 (1A) A notice under paragraph (1)(ca) is not a legislative instrument. 
20  Subsections 38B(2) and (3) 
Omit “designated time for the licence area”, substitute “notice is given”. 
21  Paragraphs 38B(7)(b) and (8)(b) 
Omit “designated time for the licen ce area”, substitute “time when the 
notice is given”. 
22  Paragraphs 38B(18)(b) and (c) 
After “if”, insert “the licence was allocated before the commencement 
of section 38C and”. 
23  At the end of subsection 38B(19) 
Add “before the commencement of section 38C”. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 12 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            7 24  After subsection 38B(19) 
Insert: 
 (19A) Paragraphs 7(1)(l) and (m) of Schedule 2 do not apply to an 
additional licence allocated under this section after the 
commencement of section 38C. 
25  Subsections 38B(26), (27) and (28) 
Repeal the subsections. 
26  After section 38B 
Insert: 
38C  Commercial television broadcasting licences—services provided 
with the use of a satellite 
 (1) The following table has effect: 
 
Licence areas and eligible joint venturers 
 Column 1 Column 2 Column 3 
Item Licence area for a 
commercial television 
broadcasting licence allocated, or to be allocated, under this section Description of the licence area Eligible joint venturers for the licence area 
1 South Eastern Australia 
TV3 The area consisting of New South Wales, Victoria, South Australia, Tasmania, the Australian Capital Territory and the Jervis Bay Territory. The commercial television broadcasting licensees for the following licence areas: 
(a) Remote Central and 
Eastern Australia 
TV1; 
(b) Remote Central and 
Eastern Australia TV2; 
(c) Mt Isa TV1. 
2 Northern Australia 
TV3 The area consisting of 
Queensland and the The commercial television broadcasting 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 13 -Schedule 1   Amendments  
   
 
 
8            Broadcasting Legislation Amendmen t (Digital Television) Act 2010       No. 94, 2010 Licence areas and eligible joint venturers 
 Column 1 Column 2 Column 3 
Item Licence area for a 
commercial television 
broadcasting licence allocated, or to be allocated, under this section Description of the licence area Eligible joint venturers for the licence area 
Northern Territory. licensees for the 
following licence areas: 
(a) Remote Central and 
Eastern Australia 
TV1; 
(b) Remote Central and 
Eastern Australia TV2; 
(c) Mt Isa TV1. 
3 Western Australia TV3 The area consisting of 
Western Australia. The commercial 
television broadcasting licensees for the following licence areas: 
(a) Remote and 
Regional WA TV1; 
(b) Western Zone TV1; 
(c) Kalgoorlie TV1; 
(d) Geraldton TV1; 
(e) South West and 
Great Southern 
TV1. 
Joint-venture company 
 (2) Two or more of the eligible joint venturers for a licence area 
specified in column 1 of the table in subsection (1) may, during 
whichever of the following periods is applicable: 
 (a) in the case of the South Eastern Australia TV3 licence area—
the 28-day period beginning at the commencement of this 
section; 
 (b) otherwise—the period: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 14 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            9  (i) beginning at the commencement of this section; and 
 (ii) ending 6 months before the start of the earliest 
applicable terrestrial digita l television switch-over date 
for the licence area; 
give the ACMA a joint written notice stating that: 
 (c) a company specified in the notice (the joint-venture 
company ) will apply under subsection (3) for a commercial 
television broadcasting licence for the licence area; and 
 (d) the joint-venture company is registered as a company under 
Part 2A.2 of the Corporations Act 2001 and has a share 
capital. 
Application by joint-venture company 
 (3) If a notice is given under subsection (2) in relation to a licence area 
specified in column 1 of the table in subsection (1), the joint-venture company must: 
 (a) apply in writing to the ACMA for a commercial television 
broadcasting licence for the licence area; and 
 (b) do so within 28 days after the notice is given. 
Allocation of licence to joint-venture company 
 (4) If the ACMA receives an app lication under subsection (3) that 
relates to a licence area, the ACMA must: 
 (a) allocate a commercial television broadcasting licence to the 
joint-venture company for the licence area; and 
 (b) do so within 28 days after the application is received. 
 (5) Subsection (4) has effect subject to section 37. 
Special purpose company 
 (6) If no notice is given under subsection (2) in relation to a licence 
area specified in column 1 of the ta ble in subsection (1), an eligible 
joint venturer for the licence area ma y, within 28 days after the end 
of whichever of the periods menti oned in paragraphs (2)(a) and (b) 
is applicable, give the ACMA a written notice stating that: 
 (a) a company specified in the notice (the special purpose 
company ) will apply under subsection (7) for a commercial 
television broadcasting licence for the licence area; and 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 15 -Schedule 1   Amendments  
   
 
 
10            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (b) the special purpose company is a wholly-owned subsidiary of 
the eligible joint venturer; and 
 (c) the special purpose company is registered as a company 
under Part 2A.2 of the Corporations Act 2001  and has a share 
capital. 
Application by special purpose company 
 (7) If a notice is given under subsection (6), the special purpose 
company must: 
 (a) apply in writing to the ACMA for a commercial television 
broadcasting licence for the li cence area specified in the 
notice; and 
 (b) do so within 28 days after the notice is given. 
Allocation of licence to special purpose company 
 (8) If only one special purpose company makes an application under 
subsection (7) in relation to a licen ce area specified in column 1 of 
the table in subsection (1), the ACMA must: 
 (a) allocate a commercial television broadcasting licence to the 
special purpose company for the licence area; and 
 (b) do so within 28 days after the application is received. 
 (9) If the ACMA receives applications from 2 or more special purpose 
companies under subsection (7) in relation to a licence area 
specified in column 1 of the table in subsection (1), the ACMA must allocate a commercial television broadcasting licence to one of those companies for the li cence area in accordance with a 
price-based system determined under subsection (11). 
 (10) Subsections (8) and (9) have effect subject to section 37. 
Price-based system for allocating licences where 2 or more applications have been received. 
 (11) The ACMA may, by written instrument, determine a price-based 
system for allocating commercial television broadcasting licences under subsection (9). 
 (12) A instrument made under subsection (11) is not a legislative 
instrument. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 16 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            11  (13) The Minister may, by legislative instrument, give specific 
directions to the ACMA in rela tion to the power conferred by 
subsection (11). Directions may be  to include in a determination 
specified reserve prices for licen ces, and those reserve prices may 
be different for licences in different licence areas. 
 (14) If a commercial television broadcasting licence is allocated under 
subsection (9), the ACMA must, unless the price-based allocation 
system adopted was public, publish in the Gazette : 
 (a) the name of the successful applicant; and 
 (b) the amount that the applicant agreed to pay to the 
Commonwealth for the allocation of the licence. 
Cancellation of licence—services not provided 
 (15) If:  (a) the licensee of a licence allocated under this section is 
contravening a licence condition set out in: 
 (i) clause 7B of Schedule 2; or 
 (ii) clause 7C of Schedule 2; and 
 (b) the ACMA is satisfied that the contravention is not due to: 
 (i) technical circumstances that are beyond the licensee’s 
control; or 
 (ii) unforeseen circumstances that are beyond the licensee’s 
control; or 
 (iii) circumstances specified in the regulations; and  (c) the ACMA gives the licensee a written notice warning the 
licensee that, if the contravention continues for 30 days, the 
licence may be cancelled; and 
 (d) 30 days pass after the notice is given, and the contravention 
continues; 
the ACMA must, by written notice given to the licensee, cancel the 
licence. 
 (16) The cancellation takes effect: 
 (a) when the notice of cancellation is given to the licensee; or 
 (b) if a later time is specified in the notice of cancellation—at 
that later time. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 17 -Schedule 1   Amendments  
   
 
 
12            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Allocation of licence after cancellation etc. 
 (17) If: 
 (a) the ACMA gives a notice under subsection (15) to a licensee, 
cancelling the licence for a licence area; or 
 (b) both: 
 (i) no notice is given under subsection (2) in relation to a 
licence area; and 
 (ii) no notice is given under subsection (6) in relation to a 
licence area; or 
 (c) a joint-venture company for a licence area contravenes 
subsection (3); or 
 (d) both:  (i) there is only one special purpose company for a licence 
area; and 
 (ii) the special purpose company contravenes 
subsection (7); or 
 (e) both:  (i) there are 2 or more special purpose companies for a 
licence area; and 
 (ii) each of those special purpose companies contravene 
subsection (7); 
the ACMA must, within 45 days after: 
 (f) if paragraph (a) applies—the giving of the notice; or  (g) if paragraph (b) applies—the the last day on which a notice 
could have been given under subsection (6) in relation to the 
licence area; or 
 (h) if paragraph (c), (d) or (e) applies—the contravention; 
advertise, in a manner determined by the ACMA, for applications 
for a licence to be allocated under subsection (23) for the licence 
area. 
 (18) Before commencing to advertise under subsection (17), the ACMA 
must, by legislative instrument, determine the eligibility requirements that must be met by persons applying for a licence in 
response to such an advertisement. 
 (19) The eligibility requirements de termined under subsection (18) must 
include that the applicant has th e capacity to provide the services 
that the licensee will be required to provide under clauses 7B, 7C 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 18 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            13 and 7D of Schedule 2. This subsection does not limit other 
eligibility requirements that may be determined under subsection (18). 
 (20) The Minister may, by legislative instrument, direct the ACMA 
about the exercise of its powers under subsection (18). 
 (21) The ACMA must include in an advertisement under 
subsection (17): 
 (a) a description of the matter mentioned in the applicable 
paragraph of subsection (17); and 
 (b) the date on or before which applications must be received by 
the ACMA (the applications closing date ); and 
 (c) a statement specifying how details of: 
 (i) the licence area for the licence; and 
 (ii) the eligibility requirements; and 
 (iii) the conditions that will apply to the licence; 
  may be obtained. 
 (22) The applications closing date must be the 90th day after the day of 
publication of the first advertisement under subsection (17) that describes the contravention or cancellation concerned. 
 (23) If: 
 (a) in response to an advertisement under subsection (17), the 
ACMA receives one or more applications for a licence; and 
 (b) the applications were receive d on or before the applications 
closing date specified in  the advertisement; and 
 (c) the ACMA is satisfied that one or more of the applicants 
meets the eligibility requirements; 
the ACMA must: 
 (d) allocate the licence to one of the applicants referred to in 
paragraph (c); and 
 (e) do so within 90 days after the applications closing date. 
 (24) Subsection (23) has effect subject to section 37. 
Restrictions on transfer of licences 
 (25) During the period of 2 years after the date of allocation of a licence 
under this section, any attempt by an y person to transfer the licence 
is of no effect. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 19 -Schedule 1   Amendments  
   
 
 
14            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Definitions 
 (26) In this section: 
applicable terrestrial digital television switch-over date has the 
same meaning as in clause 7H of Schedule 2. 
wholly-owned  subsidiary has the same meaning as in the 
Corporations Act 2001 . 
27  After section 41 
Insert: 
Division 2—Services authorised by licences 
28  After subsection 41B(1) 
Insert: 
 (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). 
Note: The heading to subsection 41B(1) is altered by adding at the end “ —general ”. 
29  After subsection 41B(2) 
Insert: 
 (2A) Subsection (2) does not apply, after the commencement of 
section 38C, to: 
 (a) an eligible parent licence; or  (aa) an eligible section 38A licence; or 
 (b) an eligible section 38B licence. 
Note 1: For eligible parent licence , see subsection (2E). 
Note 1A: For eligible section 38A licence , see subsection (2E). 
Note 2: For eligible section 38B licence , see subsection (2E). 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 20 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            15 Eligible parent licences in force immediately before 1 January 
2009 
 (2B) If: 
 (a) an eligible parent licen ce for a licence area was in force 
immediately before 1 January 2009; and 
 (b) the eligible parent 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 parent 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 parent licence , see subsection (2E). 
Eligible parent licences allocated on or after 1 January 2009 
 (2C) If an eligible parent 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 parent 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 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 21 -Schedule 1   Amendments  
   
 
 
16            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (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 parent licence , see subsection (2E). 
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 lic ence 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 alloca ted 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; 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 22 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            17 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). 
Eligible section 38B licences 
 (2D) If an eligible section 38B li cence for a licence area is allocated 
before the end of whichever of th e following periods is applicable: 
 (a) the simulcast period for the licence area; 
 (b) the simulcast-equivalent period for the licence area; 
the eligible section 38B licence authorises 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 38B licence , see subsection (2E). 
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 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 23 -Schedule 1   Amendments  
   
 
 
18            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (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 co mmercial 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 . 
30  Subsection 41B(3) 
After “under”, insert “section 38C or”. 
Note: The heading to subsection 41B(3) is altered by inserting “ section 38C or ” after “ under ”. 
31  Subsection 41C(3) 
After “under”, insert “section 38C or”. 
Note: The heading to subsection 41C(3) is altered by inserting “ section 38C or ” after “ under ”. 
32  After section 41C 
Insert: 
41CA  Services authorised by co mmercial television broadcasting 
licences allocated under section 38C 
Authorised services 
 (1) A licence allocated under section 38C authorises the licensee to 
provide the following commercial television broadcasting services 
in the licence area: 
 (a) if a commercial television broadcasting licensee (a related 
terrestrial licensee ) for a related terrestrial licence area 
provides a HDTV multi-channelled commercial television 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 24 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            19 broadcasting service in the related terrestrial licence area—a 
HDTV multi-channelled commercia l television broadcasting 
service the program content of which is the same, or substantially the same, as the service provided by the related 
terrestrial licensee; 
 (b) if: 
 (i) a commercial television broadcasting licensee (a related 
terrestrial licensee ) for a related terrestrial licence area 
provides a SDTV multi-channelled commercial 
television broadcasting service in the related terrestrial licence area; and 
 (ii) the service is not the core/primary commercial 
television broadcasting service provided by the related terrestrial licensee; 
  a SDTV multi-channelled commercial television 
broadcasting service the program content of which is the same, or substantially the same, as the service provided by 
the related terrestrial licensee; 
 (c) if: 
 (i) a commercial television broadcasting licensee (a related 
terrestrial licensee ) for a related terrestrial licence area 
provides a SDTV multi-channelled commercial 
television broadcasting service in the related terrestrial licence area; and 
 (ii) the service is the core/primary commercial television 
broadcasting service provided by the related terrestrial licensee; 
  a commercial television broadcasting service the program 
content of which is the same, or substantially the same, as the 
service provided by the related terrestrial licensee; 
 (d) if a commercial television broadcasting licensee (a 
metropolitan licensee ) for a metropolitan licence area 
provides a HDTV multi-channelled commercial television 
broadcasting service in the metropolitan licence area—a HDTV multi-channelled commercia l television broadcasting 
service the program content of which is the same, or substantially the same, as the service provided by the 
metropolitan licensee; 
 (e) if: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 25 -Schedule 1   Amendments  
   
 
 
20            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (i) a commercial television broadcasting licensee (a 
metropolitan licensee ) for a metropolitan licence area 
provides a SDTV multi-channelled commercial 
television broadcasting service in the metropolitan 
licence area; and 
 (ii) the service is not the core/primary commercial 
television broadcasting service provided by the 
metropolitan licensee; 
  a SDTV multi-channelled commercial television 
broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee; 
 (f) if: 
 (i) a commercial television broadcasting licensee (a 
metropolitan licensee ) for a metropolitan licence area 
provides a SDTV multi-channelled commercial television broadcasting service in the metropolitan 
licence area; and 
 (ii) the service is the core/primary commercial television 
broadcasting service provided by the metropolitan 
licensee; 
  a commercial television broadcasting service the program 
content of which is the same, or substantially the same, as the service provided by the metropolitan licensee; 
 (g) one or more SDTV multi-channelled commercial television 
broadcasting services the program content of which consists wholly or primarily of programs provided, or required to be provided, to the licensee under subsection 43AA(1). 
Program content 
 (2) In determining, for the purposes of this section, whether the 
program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television 
broadcasting service: 
 (a) ignore the following: 
 (i) advertising or sponsorship material (whether or not of a 
commercial kind); 
 (ii) a promotion for a television program or a television 
broadcasting service; 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 26 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            21  (iii) community information material or community 
promotional material; 
 (iv) a weather bulletin; 
 (v) any other similar material; and 
 (b) ignore a news program; and 
 (c) ignore any program the broadcasting of which in any 
jurisdiction in the licence area could result in the 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; and 
 (d) ignore a program broadcast in circumstances specified in the 
regulations. 
 (3) In determining, for the purposes of: 
 (a) paragraph (1)(c); or 
 (b) paragraph (1)(f); 
whether the program content of a commercial television 
broadcasting service provided by a licensee in a licence area is the 
same, or substantially the same, as  the program content of another 
commercial television broadcasting service, assume that a program 
that provides coverage of an anti-siphoning event is the same as a 
program that provides coverage of another anti-siphoning event. 
 (4) Subsection (3) does not limit subsection (2). 
SDTV multi-channelled commercia l television broadcasting 
service 
 (5) For the purposes of subsection (1 ), assume that paragraph 5A(1)(d) 
of Schedule 4 had not been enacted. 
Definitions 
 (6) In this section: 
HDTV multi-channelled commercial television broadcasting 
service  has the same meaning as in Schedule 4. 
metropolitan licence area  means a licence area in which is situated 
the General Post Office of the capital city of: 
 (a) New South Wales; or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 27 -Schedule 1   Amendments  
   
 
 
22            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (b) Victoria; or 
 (c) Queensland; or 
 (d) Western Australia; or 
 (e) South Australia; 
but does not include the licence area of a commercial television 
broadcasting licence allocated under section 38C. 
related terrestrial licence area : 
 (a) in relation to a licence allocated under section 38C for the 
South Eastern Australia TV3 licence area—means a licence 
area mentioned in column 3 of item 1 of the table in subsection 38C(1); or 
 (b) in relation to a licence allocated under section 38C for the 
Northern Australia TV3 licence area—means a licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or 
 (c) in relation to a licence allocated under section 38C for the 
Western Australia TV3 licence area—means a licence area 
mentioned in column 3 of item 3 of the table in subsection 
38C(1). 
SDTV multi-channelled commercial television broadcasting 
service  has the same meaning as in Schedule 4. 
33  After section 41D 
Insert: 
Division 3—Licence conditions 
34  Paragraph 42(1)(a) 
After “set out in”, insert “Division 1 of”. 
35  After subsection 42(1) 
Insert: 
 (1A) Each commercial television broadcasting licence allocated under 
section 38C is also subject to the conditions set out in Division 2 of 
Part 3 of Schedule 2. 
41  After section 43A 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 28 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            23 Insert: 
43AA  Local news to be provided to section 38C licensees by regional 
commercial television broadcasting licensees 
 (1) 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; and 
 (aa) the licensee has not previously broadcast the program in the 
licence area; 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 must: 
 (c) provide the local news program to the licensee of the 
section 38C licence for broadcast by the section 38C 
licensee; and 
 (d) do so: 
 (i) simultaneously with the broadcast of the program by the 
licensee of the regional commercial television 
broadcasting licence; or 
 (ii) as soon as practicable after the broadcast of the program 
by the licensee of the regional commercial television 
broadcasting licence. 
 (2) A program must be provided under subsection (1) by transmitting 
it in digital mode (within the meaning of Schedule 4). 
 (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 38 C licence could result in the 
section 38C licensee: 
 (i) committing an offence; or 
 (ii) becoming liable to a civil penalty; or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 29 -Schedule 1   Amendments  
   
 
 
24            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (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. 
 (6) This section does not apply to a commercial television 
broadcasting licence allocated under subsection 40(1). 
 (7) In this section: 
local news program  means: 
 (a) a program that consists solely of local news and/or local 
weather information; or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 30 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            25  (b) a program: 
 (i) that consists primarily of local news and/or local 
weather information; and 
 (ii) the remainder of which co nsists 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. 
metropolitan licence area  means a licence area in which is situated 
the General Post Office of the capital city of: 
 (a) New South Wales; or 
 (b) Victoria; or 
 (c) Queensland; or 
 (d) Western Australia; or 
 (e) South Australia; 
but does not include the licence area of a commercial television 
broadcasting licence allocated under section 38C. 
regional licence area  means a licence area that is not a 
metropolitan licence area, but does not include: 
 (a) the licence area of a commercial television broadcasting 
licence allocated under section 38C; or 
 (b) a licence area specified in co lumn 3 of the table in subsection 
38C(1). 
43AB  Commercial television programs  to be provided to section 38C 
licensees by metropolitan  commercial television 
broadcasting licensees 
Programs to be provided by metropolitan licensees 
 (1) A commercial television broadcasting licence for a metropolitan 
licence area is subject to the condition that, if: 
 (a) the licensee (the metropolitan licensee ) broadcasts a program 
in a metropolitan licence area on either of the following 
services (a metropolitan service ): 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 31 -Schedule 1   Amendments  
   
 
 
26            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (i) a HDTV multi-channelled commercial television 
broadcasting service; 
 (ii) a SDTV multi-channelled commercial television 
broadcasting service; and 
 (b) before the program is broadcast, a section 38C licensee 
requests the metropolitan licensee to provide the section 38C 
licensee with the programs broadcast on the metropolitan service; 
the metropolitan licensee must: 
 (c) provide the program to the section 38C licensee for broadcast 
by the section 38C licensee; and 
 (d) do so: 
 (i) simultaneously with the broadcast of that program on 
the metropolitan service; or 
 (ii) as soon as practicable after the broadcast of that 
program on the metropolitan service. 
HDTV digital mode or SDTV digital mode 
 (2) A program must be provided under subsection (1) by transmitting 
it: 
 (a) if subparagraph (1)(a)(i) applies—in HDTV digital mode 
(within the meaning of Schedule 4); or 
 (b) if subparagraph (1)(a)(ii) applies—in SDTV digital mode 
(within the meaning of Schedule 4). 
SDTV multi-channelled commercia l television broadcasting 
service 
 (3) For the purposes of subsection (1 ), assume that paragraph 5A(1)(d) 
of Schedule 4 had not been enacted. 
Definitions 
 (4) In this section: 
HDTV multi-channelled commercial television broadcasting 
service  has the same meaning as in Schedule 4. 
metropolitan licence area  means a licence area in which is situated 
the General Post Office of the capital city of: 
 (a) New South Wales; or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 32 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            27  (b) Victoria; or 
 (c) Queensland; or 
 (d) Western Australia; or 
 (e) South Australia; 
but does not include the licence area of a commercial television 
broadcasting licence allocated under section 38C. 
SDTV multi-channelled commercial television broadcasting 
service  has the same meaning as in Schedule 4. 
section 38C licensee means the licensee of a commercial television 
broadcasting licence allocated under section 38C. 
43AC  Commercial television pr ograms to be provided to 
section 38C licensees by remote terrestrial licensees 
Scope 
 (1) This section applies if the licence area of a commercial television 
broadcasting licence (the remote terrestrial licence ) is a related 
terrestrial licence area of a licence allocated under section 38C. 
Programs to be provided by remote terrestrial licensees 
 (2) The remote terrestrial licence is subject to the condition that, if the 
licensee broadcasts a program in the related terrestrial licence area 
on either of the following services (a remote terrestrial service ): 
 (a) a HDTV multi-channelled commercial television 
broadcasting service; 
 (b) a SDTV multi-channelled commercial television 
broadcasting service; 
the licensee of the remote terrestrial licence must: 
 (c) provide the program to the section 38C licensee for broadcast 
by the section 38C licensee; and 
 (d) do so: 
 (i) simultaneously with the broadcast of that program on 
the remote terrestrial service; or 
 (ii) as soon as practicable after the broadcast of that 
program on the remote terrestrial service. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 33 -Schedule 1   Amendments  
   
 
 
28            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 HDTV digital mode or SDTV digital mode 
 (3) A program must be provided under subsection (2) by transmitting 
it: 
 (a) if paragraph (2)(a) applies—in HDTV digital mode (within 
the meaning of Schedule 4); or 
 (b) if paragraph (2)(b) applies— in SDTV digital mode (within 
the meaning of Schedule 4). 
SDTV multi-channelled commercia l television broadcasting 
service 
 (4) For the purposes of subsection (2 ), assume that paragraph 5A(1)(d) 
of Schedule 4 had not been enacted. 
Definitions 
 (5) In this section: 
HDTV multi-channelled commercial television broadcasting 
service  has the same meaning as in Schedule 4. 
related terrestrial licence area : 
 (a) in relation to a licence allocated under section 38C for the 
South Eastern Australia TV3 licence area—means a licence 
area mentioned in column 3 of item 1 of the table in subsection 38C(1); or 
 (b) in relation to a licence allocated under section 38C for the 
Northern Australia TV3 licence area—means a licence area 
mentioned in column 3 of item 2 of the table in subsection 
38C(1); or 
 (c) in relation to a licence allocated under section 38C for the 
Western Australia TV3 licence area—means a licence area mentioned in column 3 of item 3 of the table in subsection 38C(1). 
SDTV multi-channelled commercial television broadcasting 
service  has the same meaning as in Schedule 4. 
section 38C licensee means the licensee of a commercial television 
broadcasting licence allocated under section 38C. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 34 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            29 43AD  Compensation for acquisition of property 
 (1) If the operation of: 
 (b) section 43AA; or 
 (c) section 43AB; or  (d) section 43AC; 
in relation to the provision of a program to the licensee of a 
commercial television broadcasting licence would result in an 
acquisition of property from a person otherwise than on just terms, 
the licensee is liable to pay a reasonable amount of compensation to the person. 
 (2) If the licensee and the person do not agree on the amount of the 
compensation, the person may institute proceedings in a court of 
competent jurisdiction for the rec overy from the licensee of such 
reasonable amount of compensation as the court determines. 
 (3) In this section: 
acquisition of property  has the same meaning as in paragraph 
51(xxxi) of the Constitution. 
just terms  has the same meaning as in paragraph 51(xxxi) of the 
Constitution. 
42  After section 44 
Insert: 
Division 4—General provisions 
43  Section 45 
Before “Subject to”, insert “(1)”. 
44  Section 45 
After “commercial television broadcasting licences”, insert “(other than 
commercial television broadcasting licences allocated under section 38C)”. 
45  At the end of section 45 
Add: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 35 -Schedule 1   Amendments  
   
 
 
30            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (2) A commercial television broa dcasting licence allocated under 
section 38C remains in force for 10 years. 
 (3) Subsection (2) has effect subject to: 
 (a) subsection 38C(15); and 
 (b) Part 10. 
46  Section 50A 
After “allocated under”, insert “section 38C or”. 
Note: The heading to section 50A is altered by inserting “ section 38C or ” after “ allocated 
under ”. 
47  Section 61AA (definition of core/primary commercial 
television broadcasting service ) 
Repeal the definition. 
48  Section 61AA (definition of primary commercial television 
broadcasting service ) 
Repeal the definition. 
49  Paragraph 95(1)(a) 
Omit “a company that is formed in  Australia or in an external 
Territory”, substitute “a company that is registered under Part 2A.2 of 
the Corporations Act 2001 ”. 
50  Subsection 98D(2) 
After “this Act”, insert “(other than section 43AA, section 43AB or 
section 43AC)”. 
51  Paragraphs 121FB(1)(a) and (2)(a) 
Omit “a company that is formed in  Australia or in an external 
Territory”, substitute “registered as a company under Part 2A.2 of the 
Corporations Act 2001”. 
52  Paragraph 121FLC(1)(c) 
Omit “a company that is formed in  Australia or in an external 
Territory”, substitute “registered as a company under Part 2A.2 of the Corporations Act 2001”. 
53  Paragraph 121FLG(1)(c) 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 36 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            31 Omit “a company that is formed in  Australia or in an external 
Territory”, substitute “registered as a company under Part 2A.2 of the 
Corporations Act 2001”. 
54  Subparagraph 121FLH(1)(c)(i) 
Omit “a company that is formed in  Australia or in an external 
Territory”, substitute “registered as a company under Part 2A.2 of the Corporations Act 2001”. 
55  Subparagraph 121FLH(1)(c)(ii) 
Omit “a company that is formed in  Australia or in an external 
Territory”, substitute “a company that is registered under Part 2A.2 of the Corporations Act 2001 ”. 
56  Paragraph 121FLH(2)(c) 
Omit “a company that is formed in  Australia or in an external 
Territory”, substitute “registered as a company under Part 2A.2 of the Corporations Act 2001”. 
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. 
61A  After section 123A 
Insert: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 37 -Schedule 1   Amendments  
   
 
 
32            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 123B  Review by the ACMA—applic ation 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 orig inal 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. 
62  After section 130AB 
Insert: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 38 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            33 130AC  Technical standards for digi tal transmission of television 
services provided with the use of a satellite 
 (1) The ACMA may, by legislative instrument, determine technical 
standards that relate to the transmission in digital mode of either or 
both of the following services: 
 (a) commercial television broadcasting services provided under a 
licence allocated under section 38C; 
 (b) national television broadcasting services provided with the 
use of a satellite. 
Instruments 
 (2) Section 589 of the Telecommunications Act 1997  applies to 
standards determined under subsection (1) of this section in a corresponding way to the way in wh ich it applies to an instrument 
under that Act. 
Compliance 
 (3) A national broadcaster must comply with a standard determined 
under subsection (1). 
Note: For compliance by holders of  commercial television broadcasting 
licences, see paragraph 7A(1)(d) of Schedule 2. 
Definitions 
 (4) In this section: 
digital mode  has the same meaning as in Schedule 4. 
national television broadcasting service  has the same meaning as 
in Schedule 4. 
63  At the end of Part 9A 
Add: 
130BB  Technical standards for domestic digital reception 
equipment—television services  provided with the use of a 
satellite 
 (1) The ACMA may, by legislative instrument, determine technical 
standards that relate to domes tic reception equipment that is 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 39 -Schedule 1   Amendments  
   
 
 
34            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 capable of receiving any or all of the following services transmitted 
in digital mode: 
 (a) commercial television broadcasting services provided under a 
licence allocated under section 38C; 
 (b) national television broadcasting services provided with the 
use of a satellite; 
 (c) community television broadcasting services provided with 
the use of a satellite; 
 (d) open narrowcasting television services provided with the use 
of a satellite. 
Offence 
 (2) A person commits an offence if: 
 (a) the person supplies equipment; and 
 (b) the equipment is domestic reception equipment; and 
 (c) the equipment is capable of receiving any or all of the 
following services transmitted in digital mode: 
 (i) commercial television broadcasting services provided 
under a licence allocated under section 38C; 
 (ii) national television broadcasting services provided with 
the use of a satellite; 
 (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 
 (d) the equipment does not comply with a standard determined 
under subsection (1). 
Penalty: 1,500 penalty units. 
Civil penalty 
 (3) A person must not supply domestic reception equipment if: 
 (a) the equipment is capable of receiving any or all of the 
following services transmitted in digital mode: 
 (i) commercial television broadcasting services provided 
under a licence allocated under section 38C; 
 (ii) national television broadcasting services provided with 
the use of a satellite; 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 40 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            35  (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 
 (b) the equipment does not comply with a standard determined 
under subsection (1). 
 (4) Subsection (3) is a civil penalty provision. 
Instruments 
 (5) Section 589 of the Telecommunications Act 1997  applies to 
standards determined under subsection (1) of this section in a 
corresponding way to the way in wh ich it applies to an instrument 
under that Act. 
Reception of television services provided with the use of a satellite 
 (6) For the purposes of this section, it is immaterial whether domestic 
reception equipment is capable of receiving any or all of the 
following transmitted in digital mode: 
 (a) commercial television broadcasting services provided under a 
licence allocated under section 38C; 
 (b) national television broadcasting services provided with the 
use of a satellite; 
 (ba) community television broadcasting services provided with 
the use of a satellite; 
 (bb) open narrowcasting televisi on services provided with the use 
of a satellite; 
when used: 
 (c) in isolation; or 
 (d) in conjunction with any other equipment. 
Ministerial direction 
 (6A) The Minister may, by legisl ative instrument, direct the ACMA 
about the exercise of its powers to: 
 (a) determine technical sta ndards under subsection (1); or 
 (b) vary technical standards determined under subsection (1). 
 (6B) The ACMA must comply with a direction under subsection (6A). 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 41 -Schedule 1   Amendments  
   
 
 
36            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Exemptions 
 (7) The ACMA may, by legislative  instrument, exempt specified 
domestic reception equipment from subsections (2) and (3). 
Note: For specification by class, see subsection 13(3) of the Legislative 
Instruments Act 2003 . 
Definitions 
 (8) In this section: 
community television broadcasting service  means a community 
broadcasting service that provides television programs. 
digital mode  has the same meaning as in Schedule 4. 
national television broadcasting service  has the same meaning as 
in Schedule 4. supply has the same meaning as in the Trade Practices Act 1974 . 
64  After Part 9B 
Insert: 
Part 9C—Access to commercial television 
broadcasting services provided with the use 
of a satellite 
   
130ZBA  Simplified outline 
  The following is a simplified outline of this Part: 
• A conditional access scheme is a scheme that sets out rules 
relating to access to services provided under a commercial 
television broadcasting licence allocated under section 38C. 
• The ACMA may register a conditional access scheme 
developed by a body or association that represents commercial 
television broadcasting licensees. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 42 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            37 • If no conditional access scheme is developed by a body or 
association that represents commercial television broadcasting 
licensees, the ACMA may formulate and register a conditional 
access scheme. 
Note: Under paragraph 7A(1)(c) of Schedule 2, it is a condition of a licence 
allocated under section 38C that the licensee will ensure that any 
conditional access system relating to the services provided under the licence will comply with any conditional access scheme registered under this Part. 
130ZB  Objectives of co nditional access scheme 
Scope 
 (1) This section applies to a commercial television broadcasting 
licence allocated under section 38C. 
Objectives 
 (2) A conditional access scheme for the section 38C licence area 
complies with this section if the scheme is directed towards the 
achievement of the objectives set out in this section. 
 (3) The first objective is that: 
 (a) the scheme should specify the related terrestrial licence areas 
as areas that are taken to be areas (category A reception  
areas ) in which people are unable to receive adequate 
reception of all of the applicable terrestrial digital 
commercial television broadcasting services; and 
 (b) if a terrestrial licensee for a related terrestrial licence area is 
authorised, under paragraph 7(2A)(d) of Schedule 2, to provide a commercial television broadcasting service outside the related terrestrial licence area to one or more persons who are in the section 38C licence area—the scheme should 
provide that those persons are taken in to be in a category A 
reception area. 
 (4) The second objective is that the scheme should: 
 (a) specify one or more areas included in the section 38C licence 
area; or 
 (b) specify a method for ascertaining one or more areas included 
in the section 38C licence area; 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 43 -Schedule 1   Amendments  
   
 
 
38            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 that are taken to be areas ( category B reception  areas ) in which 
people are unable to receive adequate reception of all of the 
applicable terrestrial digital commercial television broadcasting services. 
 (5) The third objective is that a conditional access system that relates 
to any of the commercial television broadcasting services provided under the section 38C licence must enable persons in: 
 (a) a category A reception area; or 
 (b) a category B reception area; 
to receive those commercial television broadcasting services. 
 (6) Subsection (5) has effect subject to subsections (14) and (15). 
 (7) The fourth objective is that  the scheme should provide that so 
much of the section 38C licence area as is neither: 
 (a) a category A reception area; nor 
 (b) a category B reception area; 
is a category C reception area . 
 (8) The fifth objective is that the scheme must: 
 (a) if the scheme is developed by a body or association that the 
ACMA is satisfied represents commercial television 
broadcasting licensees—identify a company; or 
 (b) if the scheme is formulat ed by the ACMA—identify the 
ACMA; 
as the scheme administrator  for the scheme. 
 (9) The sixth objective is that the scheme must authorise the scheme 
administrator to issue a certificate (a reception certificate ) to a 
person in a category C reception area stating that the person is 
unable to receive adequate reception of all of the applicable 
terrestrial digital commercial television broadcasting services. 
 (10) The seventh objective is th at a conditional access system that 
relates to any of the commercial television broadcasting services provided under the section 38C licence must enable a person who: 
 (a) is in a category C reception area; and 
 (b) holds a reception certificate; 
to receive those commercial television broadcasting services. 
 (11) Subsection (10) has effect subject to subsections (14) and (15). 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 44 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            39  (12) The eighth objective is that, if an application for a reception 
certificate is made in accordance w ith the scheme, the application 
must: 
 (a) be dealt with by the scheme administrator within 15 business 
days after receiving the application; and 
 (b) be accepted, and dealt with, without requiring: 
 (i) the payment of a fee by the applicant; or  (ii) the applicant to incur any expenses (other than the 
expense of filling in the application and sending it to the 
scheme administrator). 
 (13) The ninth objective is that the scheme must authorise the scheme 
administrator to revoke a reception certificate issued to a person if the person is no longer eligible for the reception certificate. 
 (14) The tenth objective is that, if persons are: 
 (a) in a local market area; and 
 (b) not in a category A reception area; 
a conditional access system that relates to any of the commercial 
television broadcasting services provided under the section 38C 
licence must not enable those persons to receive those commercial television broadcasting services earlier than 6 months before the time when the local market area becomes a digital-only local market area. 
 (15) The 11th objective is that, if persons are: 
 (a) in a simulcast area; and 
 (b) not in a local market area; and 
 (c) not in a category A reception area; 
a conditional access system that relates to any of the commercial 
television broadcasting services provided under the section 38C 
licence must not enable those persons to receive those commercial 
television broadcasting services earlier than 6 months before the 
end of the simulcast period for the simulcast area. 
 (16) In this section: 
digital-only local market area  has the same meaning as in 
Schedule 4. 
local market area  has the same meaning as in Schedule 4. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 45 -Schedule 1   Amendments  
   
 
 
40            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 related terrestrial licence area : 
 (a) in relation to a licence allocated under section 38C for the 
South Eastern Australia TV3 licence area—means a 
terrestrial licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or 
 (b) in relation to a licence allocated under section 38C for the 
Northern Australia TV3 licence area—means a terrestrial licence area mentioned in column 3 of item 2 of the table in 
subsection 38C(1); or 
 (c) in relation to a licence allocated under section 38C for the 
Western Australia TV3 licence area—means a terrestrial 
licence area mentioned in column 3 of item 3 of the table in subsection 38C(1). 
simulcast area  means an area covered by paragraph 6(3)(c) of 
Schedule 4. 
simulcast period  has the same meaning as in Schedule 4. 
Note 1: For adequate reception , see section 130ZFA. 
Note 2: For applicable terrestrial digital comm ercial television broadcasting 
services , see section 130ZG. 
terrestrial licence means a commercial television broadcasting 
licence other than a commercial television broadcasting licence 
allocated under section 38C or subsection 40(1). 
terrestrial licence area  means the licence area of a terrestrial 
licence. 
130ZC  Registration of condition al access scheme developed by 
representative body or association 
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 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 46 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            41  (c) the body or association gives a copy of the new scheme to the 
ACMA; and 
 (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 
 (e) the ACMA is 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. 
Note: This section may cease to apply to a licence area—see subsection 
130ZCA(7). 
Registration 
 (2) The ACMA must: 
 (a) register the new scheme by including it in the register under 
section 130ZE; and 
 (b) do so within 35 days after the copy of the new scheme is 
given to the ACMA. 
130ZCAA  ACMA may invite representa tive body or association to 
develop a revised conditional access scheme 
Scope 
 (1) This section applies if: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 47 -Schedule 1   Amendments  
   
 
 
42            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (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. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 48 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            43 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. 
130ZCA  Registration of  conditional access scheme formulated by 
the ACMA 
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; 
 (ii) that is the first or only occasion on which a commercial 
television broadcasting licence is allocated under 
section 38C for the licence area; 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 49 -Schedule 1   Amendments  
   
 
 
44            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (iii) if the ACMA has not given an invitation under 
section 130ZCAA in relation to the licence area—90 
days pass after the allocation of the licence, and no conditional access scheme for the licence area has been 
registered, or is required to be registered, under section 130ZC; 
 (iv) if the ACMA has given an invitation under 
section 130ZCAA in relation to the licence area—60 days pass after the invitation is given, and no conditional access scheme for the licence area has been 
registered, or is required to be registered, under 
section 130ZC; or 
 (b) the following conditions are satisfied: 
 (i) a commercial television broadcasting licence is 
allocated under section 38C for a particular licence area; 
 (ii) a conditional access scheme for the licence area is 
registered under section 130ZC; 
 (iii) the ACMA gives a notice under subsection 
130ZCAB(2) to a body or association in relation to the scheme; 
 (iv) the body or association does not give the ACMA a copy 
of a replacement scheme within the period specified in 
the notice; or 
 (c) the following conditions are satisfied: 
 (i) a commercial television broadcasting licence is 
allocated under section 38C for a particular licence area; 
 (ii) a conditional access scheme for the licence area is 
registered under section 130ZC; 
 (iii) the ACMA gives a notice under subsection 
130ZCAB(2) to a body or association in relation to the scheme; 
 (iv) the body or association gives the ACMA a copy of a 
replacement scheme within the period specified in the notice; 
 (v) 35 days pass after the copy is given to the ACMA, and 
the replacement scheme has not been, and is not required to be, registered under section 130ZC. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 50 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            45 Scheme 
 (2) The ACMA may, by legislative instrument, formulate a conditional 
access scheme for the licence area. 
 (3) The ACMA must not formulate a conditional access scheme 
unless: 
 (a) the ACMA is satisfied that the scheme complies with 
section 130ZB; and 
 (b) the ACMA is satisfied that the 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. 
Registration 
 (4) The ACMA must register a scheme formulated under 
subsection (2) by including it in the register under section 130ZE. 
Consultation 
 (5) Before registering a conditional access scheme formulated under 
subsection (2), the ACMA must: 
 (a) publish on its website: 
 (i) a draft of the scheme; and  (ii) a notice inviting interested persons to give written 
submissions about the draft to the ACMA within the 
period specified in the notice; and 
 (b) if any submissions are given to the ACMA within that 
period—have due regard to those submissions in formulating the scheme. 
 (6) The period specified under subparagraph (5)(a)(ii) must not be 
shorter than 14 days. 
Section 130ZC ceases to a pply to the licence area 
 (7) Section 130ZC ceases to apply to the licence area. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 51 -Schedule 1   Amendments  
   
 
 
46            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 130ZD  Replacement of conditional access scheme 
 (1) Changes to a conditional acces s scheme are to be achieved by 
replacing the scheme instead of varying the scheme. 
 (2) If: 
 (a) the replacement scheme is formulated by the ACMA; and 
 (b) the replacement scheme differs in only minor respects from 
the original scheme; 
section 130ZCA has effect, in relation to the registration of the 
scheme, as if subsections 130ZCA(5) and (6) had not been enacted. 
Note: Subsections 130ZCA(5) and (6) d eal with submissions about a draft 
scheme formulated by the ACMA. 
 (3) If: 
 (a) a conditional access scheme is registered under this Part; and 
 (b) the scheme is expressed to  replace another conditional access 
scheme; 
the other conditional access scheme ceases to be registered under 
this Part when the replacement scheme is registered. 
 (4) The replacement of a conditional access scheme does not affect the 
continuity of a reception certificate issued under the scheme. 
130ZE  ACMA to maintain register of conditional access schemes 
 (1) The ACMA is to maintain a Re gister in which the ACMA includes 
any conditional access schemes required to be registered under 
section 130ZC or 130ZCA. 
 (2) The Register is to be maintained by electronic means. 
 (3) The Register is to be made available for inspection on the ACMA’s 
website. 
 (4) The Register is not a legislative instrument. 
130ZF  ACMA may direct a scheme administrator to issue a 
reception certificate etc. 
Scope 
 (1) This section applies if: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 52 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            47  (a) a conditional access scheme is registered under 
section 130ZC; and 
 (b) a person is in a category C reception area (within the 
meaning of the scheme); and 
 (c) the person considers that he or she does not have adequate 
reception of all of the applicable terrestrial digital 
commercial television broadcasting services. 
Note: For applicable terrestrial digital comm ercial television broadcasting 
services , see section 130ZG. 
Investigation of complaint 
 (2) The person may make a complaint to the ACMA about the matter, 
so long as: 
 (a) the following conditions are satisfied: 
 (i) the person has previously made an application under the 
scheme for a reception certificate; 
 (ii) the application was made in accordance with the 
scheme; 
 (iii) the scheme administrator refused to issue the reception 
certificate; or 
 (b) the following conditions are satisfied:  (i) the person has previously held a reception certificate 
under the scheme; 
 (ii) the scheme administrator revoked the reception 
certificate; or 
 (c) the following conditions are satisfied:  (i) the person has previously made an application under the 
scheme for a reception certificate; 
 (ii) the application was made in accordance with the 
scheme; 
 (iii) the scheme administrator did not deal with the 
application within 15 business days after receiving the 
application. 
 (3) The ACMA must investigate the complaint in a manner determined 
by the ACMA. 
 (4) However, the ACMA need not investigate the complaint if it is 
satisfied that the complaint: 
 (a) is frivolous or vexatious; or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 53 -Schedule 1   Amendments  
   
 
 
48            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (b) was not made in good faith. 
Direction to issue reception certificate 
 (5) If: 
 (a) the person makes a complaint under paragraph (2)(a) or (b); 
and 
 (b) having investigated the complaint, the ACMA is satisfied that 
the person does not have adequate reception of all of the 
applicable terrestrial digital commercial television 
broadcasting services; 
the ACMA may, by written notice given to the scheme administrator, direct the scheme administrator to issue a reception 
certificate to the person within a specified period. 
 (6) The specified period must not be longer than 28 days. 
 (7) In deciding whether to give a direction under subsection (5), it is to 
be presumed that the person does not have adequate reception of 
all of the applicable terrestrial digital commercial television 
broadcasting services, unless the scheme administrator satisfies the ACMA that the person has adequa te reception of all of those 
services. 
Consultation 
 (8) Before giving a direction under subsection (5), the ACMA must, 
by written notice given to the scheme administrator: 
 (a) invite the scheme administrator to make a submission to the 
ACMA, within the time limit sp ecified in the notice, about 
the question of whether the person has adequate reception of 
all of the applicable terrestrial digital commercial television broadcasting services; and 
 (b) have regard to any submission received within that time 
limit. 
 (9) The time limit must not be longer than 28 days. 
Compliance with direction 
 (10) The scheme administrator must comply with a direction under 
subsection (5). 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 54 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            49  (11) If the scheme administrator does not comply with a direction under 
subsection (5), then: 
 (a) this Act; and 
 (b) the conditional access scheme; 
have effect as if, at the end of the last day for compliance, the 
scheme administrator had issued a reception certificate to the 
person. 
Determination that reception certificate is taken to have been 
issued to complainant 
 (12) If the person makes a complaint under paragraph (2)(c), the 
ACMA may determine that: 
 (a) this Act; and 
 (b) the conditional access scheme; 
have effect as if the scheme administrator had issued a reception 
certificate to the person. 
Revocation of reception certificate taken to have been issued 
 (13) This Act does not prevent the subsequent revocation of a reception 
certificate that is taken to have been issued under subsection (11) 
or (12). 
Notification of results of investigation 
 (14) If: 
 (a) the person makes a complaint under subsection (2); and 
 (b) the ACMA investigates the complaint; 
the ACMA must notify the person of the results of the 
investigation. 
130ZFA  Adequate reception 
  The ACMA may, by legislative instrument, determine that, for the 
purposes of this Part, adequate reception  has the meaning 
ascertained in accordance w ith the determination. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 55 -Schedule 1   Amendments  
   
 
 
50            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 130ZG  Applicable terrestrial digital commercial television 
broadcasting services 
Scope 
 (1) This section applies if a person is in the licence area of a 
commercial television broadcasting licence. 
Applicable terrestrial digital commercial television broadcasting 
services 
 (2) For the purposes of the application of this Part to the person, a 
service is an applicable terrestrial digital commercial television 
broadcasting service if it is a commercial television broadcasting 
service that is: 
 (a) provided by a commercial television broadcasting licensee in 
the licence area; and 
 (b) transmitted in digital mode. 
Exemptions 
 (3) This section does not apply to a commercial television 
broadcasting licence allocated under section 38C or subsection 
40(1). 
Definitions 
 (4) In this section: 
digital mode  has the same meaning as in Schedule 4. 
65  Section 204 
Before “Subject to”, insert “(1)”. 
Note: The following heading to subsection 204(1) is inserted “ Decisions under this Act ”. 
66  Section 204 (after table item dealing with section 38B) 
Insert: 
Refusal to allocate 
licence Section 38C The applicant 
Cancellation of licence Section 38C The licensee 
67  At the end of section 204 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 56 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            51 Add: 
Decisions under a conditional access scheme registered under 
section 130ZCA 
 (2) An application may be made to the Administrative Appeals 
Tribunal for review of a decision set out in column 1 of the table, but such an application may only be made by the person described in column 2. 
 
Reviewable decisions 
 Column 1 Column 2 
Item Decision Person who may apply 
1 Refusal to issue a reception 
certificate under a conditional access 
scheme registered under section 130ZCA The applicant 
2 Revocation of a reception certificate 
under a conditional access scheme registered under section 130ZCA The holder of the reception certificate 
68  After section 211 
Insert: 
211AA  Time when a television  program is broadcast—certain 
terrestrial licence areas 
Nomination of place 
 (1) The licensee of a commercial television broadcasting licence for: 
 (a) the Remote Central and Eastern Australia TV1 licence area; 
or 
 (b) the Remote Central and Eastern Australia TV2 licence area; 
may, by written notice given to the ACMA, nominate a specified 
place in the licence area for the purposes of the licence. 
 (2) The nomination must be expressed to be a nomination under 
subsection (1). 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 57 -Schedule 1   Amendments  
   
 
 
52            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Withdrawal of nomination 
 (3) If a nomination is in force under subsection (1), the licensee may, 
by written notice given to the ACMA, withdraw the nomination. 
 (4) The withdrawal of a nomination does not prevent the licensee from 
making a fresh nomination under subsection (1). 
Time when a program is broadcast 
 (5) If a nomination of a place is in force under subsection (1) for the 
purposes of a commercial television broadcasting licence, then: 
 (a) this Act; and 
 (b) any program standards; and  (c) any other instrument under this Act; and  (d) any codes of practice registered under section 123; 
have effect, in relation to any programs broadcast on a commercial 
television broadcasting service provided under the licence, as if 
those programs had been broadcast in all parts of the licence area at the time that is legal time in the nominated place. 
211A  Time when a television program is broadcast—South Eastern 
Australia TV3 and Northern Australia TV3 licence areas 
Nomination of place—South Eastern Australia TV3 licence area 
 (1) The licensee of a commercial television broadcasting licence 
allocated under section 38C for the South Eastern Australia TV3 licence area may, by written notice given to the ACMA, nominate 
either or both of the following: 
 (a) a specified place in: 
 (i) the South Eastern Australia TV3 licence area; or 
 (ii) the Northern Australia TV3 licence area; 
  for the purposes of the HDTV multi-channelled commercial 
television broadcasting services provided under the licence; 
 (b) a specified place in the South Eastern Australia TV3 licence 
area for the purposes of the SDTV multi-channelled 
commercial television broadcasting services provided under 
the licence. 
 (2) The nomination must be expressed to be a nomination under 
subsection (1). 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 58 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            53 Nomination of place—Northern Australia TV3 licence area 
 (3) The licensee of a commercial television broadcasting licence 
allocated under section 38C for the Northern Australia TV3 licence 
area may, by written notice given to the ACMA, nominate either or 
both of the following: 
 (a) a specified place in: 
 (i) the Northern Australia TV3 licence area; or 
 (ii) the South Eastern Australia TV3 licence area; 
  for the purposes of the HDTV multi-channelled commercial 
television broadcasting services provided under the licence; 
 (b) a specified place in the Northern Australia TV3 licence area 
for the purposes of the SDTV multi-channelled commercial 
television broadcasting services provided under the licence. 
 (4) The nomination must be expressed to be a nomination under 
subsection (3). 
Withdrawal of nomination 
 (5) If a nomination is in force under subsection (1) or (3), the licensee 
may, by written notice given to the ACMA, withdraw the 
nomination. 
 (6) The withdrawal of a nomination does not prevent the licensee from 
making a fresh nomination unde r subsection (1) or (3). 
Time when a program is broadcast 
 (7) If a nomination of a place is in force under paragraph (1)(a) or 
(3)(a) for the purposes of the HDTV multi-channelled commercial 
television broadcasting services provided under a licence, then: 
 (a) this Act; and 
 (b) any program standards; and 
 (c) any other instrument under this Act; and 
 (d) any codes of practice registered under section 123; 
have effect, in relation to any programs broadcast on those 
services, as if those programs had been broadcast in all parts of the 
licence area at the time that is legal time in the nominated place. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 59 -Schedule 1   Amendments  
   
 
 
54            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (8) If a nomination of a place is in force under paragraph (1)(b) or 
(3)(b) for the purposes of the SDTV multi-channelled commercial 
television broadcasting services provided under a licence, then: 
 (a) this Act; and 
 (b) any program standards; and  (c) any other instrument under this Act; and  (d) any codes of practice registered under section 123; 
have effect, in relation to any programs broadcast on those 
services, as if those programs had been broadcast in all parts of the 
licence area at the time that is legal time in the nominated place. 
Definitions 
 (9) In this section: 
HDTV multi-channelled commercial television broadcasting 
service has the same meaning as in Schedule 4. 
SDTV multi-channelled commercial television broadcasting 
service has the same meaning as in Schedule 4. 
69  Before clause 7 of Schedule 2 
Insert: 
Division 1—General 
70  Paragraph 7(1)(c) of Schedule 2 
After “allocated under”, insert “section 38C or”. 
71  Paragraphs 7(2)(a) and (c) of Schedule 2 
After “allocated under”, insert “section 38C or”. 
71A  After subclause 7(4) of Schedule 2 
Insert: 
 (4A) For the purposes of paragraphs (1)(k) and (m), if: 
 (a) a transmitter licence was issued under section 100 of the 
Radiocommunications Act 1992 ; and 
 (b) the transmitter licence authorises the operation of one or 
more transmitters for transmitting one or more commercial 
television broadcasting services in digital mode; 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 60 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            55 ignore any transmission of those services in digital mode by those 
transmitters. 
71B  Paragraph 7(8)(a) of Schedule 2 
After “subclause”, insert “(4A),”. 
72  At the end of Part 3 of Schedule 2 
Add: 
Division 2—Licences allocated under section 38C 
7A  Common conditions 
 (1) A licence allocated under section 38C is subject to the following 
conditions: 
 (a) the licensee may only provide commercial television 
broadcasting services in digital mode (within the meaning of 
Schedule 4); 
 (b) the licensee may only provide commercial television 
broadcasting services with the use of a satellite; 
 (c) if a conditional access scheme for the licence area is 
registered under Part 9C—the licensee will ensure that any 
conditional access system that relates to any of the 
commercial television broadcasting services provided under the licence complies with the scheme; 
 (d) the licensee will comply with any standards under 
section 130AC (which deals with technical standards for digital transmission). 
 (2) Paragraphs 7(1)(i) and (oa) of  this Schedule do not apply to a 
licence allocated under section 38C. 
7B  Conditions about the provisi on of core/primary commercial 
television broadcasting services 
Conditions about the provision of core/primary services 
 (1) A licence allocated under section 38C is subject to the condition 
that, if there are at least 3 commercial television broadcasting services (the related terrestrial core/primary services ), where each 
of the services: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 61 -Schedule 1   Amendments  
   
 
 
56            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (a) is provided by a terrestrial licensee in a related terrestrial 
licence area; and 
 (b) is a core/primary commercial television broadcasting service; 
and 
 (c) is distinct from each of the other services; 
the section 38C licensee will provide at least 3 commercial 
television broadcasting services, where: 
 (d) the program content of each of the services is the same, or 
substantially the same, as the program content of a related 
terrestrial core/primary service; and 
 (e) each of the services is distinct from each of the other 
services. 
 (2) A licence allocated under section 38C is subject to the condition 
that, if there are only 2 commercial television broadcasting services (the related terrestrial core/primary services ), where each of the 
services: 
 (a) is provided by a terrestrial licensee in a related terrestrial 
licence area; and 
 (b) is a core/primary commercial television broadcasting service; 
and 
 (c) is distinct from the other service; 
the section 38C licensee will provide: 
 (d) 2 commercial television broadcasting services, where: 
 (i) the program content of each of the services is the same, 
or substantially the same, as the program content of a related terrestrial core/primary service; and 
 (ii) the services are distinct from one another; and 
 (e) one commercial television broadcasting service, where: 
 (i) the program content of the service is the same, or 
substantially the same, as the program content of a core/primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and 
 (ii) the service is distinct from each of the services required 
to be provided by paragraph (d). 
 (3) A licence allocated under section 38C is subject to the condition 
that, if: 
 (a) neither subclause (1) nor subclause (2) applies; and 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 62 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            57  (b) there is a commercial television broadcasting service (the 
related terrestrial core/primary service ), where: 
 (i) the service is provided by a terrestrial licensee in a 
related terrestrial licence area; and 
 (ii) the service is a core/primary commercial television 
broadcasting service; 
the section 38C licensee will provide: 
 (c) one commercial television broadcasting service that has 
program content that is the same, or substantially the same, 
as the program content of the related terrestrial core/primary service; and 
 (d) 2 commercial television broadcasting services, where: 
 (i) the program content of each of the services is the same, 
or substantially the same, as the program content of a core/primary commercial television broadcasting 
service provided by a terrestrial licensee in a 
metropolitan licence area; and 
 (ii) the services are distinct from each other and from the 
service required to be provided by paragraph (c). 
Services not required before start date 
 (4) Subclauses (1), (2) and (3) do not require a licensee to provide a 
service before the start date for the licence area. 
Note: For start date , see clause 7H. 
Exemption—cessation of related terrestrial core/primary service 
 (5) If: 
 (a) in compliance with subcla use (1), the licensee of a licence 
allocated under section 38C provides a commercial television 
broadcasting service that has the same, or substantially the same, program content as a core/primary commercial 
television broadcasting service provided by a terrestrial 
licensee in a related terrestrial licence area; and 
 (b) the core/primary commercial television broadcasting service 
ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and 
 (c) as a result of the cessation of the service, subclause (2) 
applies to the section 38C licensee; 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 63 -Schedule 1   Amendments  
   
 
 
58            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 subclause (2) has effect in relation to the section 38C licensee, 
while the cessation continues, as if paragraph (2)(e) had not been 
enacted. 
 (6) If: 
 (a) in compliance with subcla use (2), the licensee of a licence 
allocated under section 38C provides a commercial television 
broadcasting service that has the same, or substantially the 
same, program content as a core/primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and 
 (b) the core/primary commercial television broadcasting service 
ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and 
 (c) as a result of the cessation of the service, subclause (3) 
applies to the section 38C licensee; 
then, while the cessation continues: 
 (d) subclause (3) has effect in relation to the section 38C licensee 
as if paragraph (3)(d) had not been enacted; and 
 (e) the section 38C licence is subject to the condition that the 
section 38C licensee will provide one commercial television 
broadcasting service, where: 
 (i) the program content of the service is the same, or 
substantially the same, as the program content of a 
core/primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and 
 (ii) the service is distinct from the service required to be 
provided by paragraph (3)(c). 
Distinct services 
 (7) For the purposes of this clause, a commercial television 
broadcasting service is distinct  from another commercial television 
broadcasting service if, and only if, the program content of the services is not the same or substantially the same. 
Note: For metropolitan lic ence area , related terrestrial licence area  and 
terrestrial licence , see clause 7L. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 64 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            59 7C  Conditions about the provision  of non-core/primary commercial 
television broadcasting services 
HDTV multi-channelled commercia l television broadcasting 
services 
 (1) A licence allocated under section 38C is subject to the condition 
that, if: 
 (a) the licensee of a terrestrial  licence for a metropolitan licence 
area provides a HDTV multi-channelled commercial 
television broadcasting service (the metropolitan service ) in 
the metropolitan licence area; and 
 (b) the licensee of a terrestrial licence for a related terrestrial 
licence area provides a HDTV multi-channelled commercial 
television broadcasting service (the related terrestrial 
service ) in the related terrestrial licence area; and 
 (c) the related terrestrial service has the same, or substantially 
the same, program content as the metropolitan service; 
the section 38C licensee will provide a HDTV multi-channelled commercial television broadcasting service that has the same, or 
substantially the same, program content as the related terrestrial 
service. 
 (2) A licence allocated under section 38C is subject to the condition 
that, if: 
 (a) the licensee of a terrestrial  licence for a metropolitan licence 
area provides a HDTV multi-channelled commercial 
television broadcasting service (the metropolitan service ) in 
the metropolitan licence area; and 
 (b) there is no HDTV multi-channelled commercial television 
broadcasting service that: 
 (i) is provided by the licensee of a terrestrial licence for a 
related terrestrial licence area; and 
 (ii) has the same, or substantially the same, program content 
as the metropolitan service; 
the section 38C licensee will provide a HDTV multi-channelled 
commercial television broadcasting service that has the same, or 
substantially the same, program content as the metropolitan service. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 65 -Schedule 1   Amendments  
   
 
 
60            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (3) Subclauses (1) and (2) do not require a licensee to provide a 
service before the start date for the licence area. 
Note: For start date , see clause 7H. 
 (4) Subclause (2) does not apply to a HDTV multi-channelled 
commercial television broadcasting service that a commercial 
television broadcasting licensee for a metropolitan licence area commences to provide after the end of the simulcast period for the metropolitan licence area. 
 (5) If: 
 (a) the licensee of a commercial television broadcasting licence 
for a metropolitan licence area provides a HDTV 
multi-channelled commercial television broadcasting service 
(the metropolitan service ) in the metropolitan licence area; 
and 
 (b) the licensee of a terrestrial licence for a related terrestrial 
licence area provides a HDTV multi-channelled commercial 
television broadcasting service (the related terrestrial 
service ) in the related terrestrial licence area; and 
 (c) the related terrestrial service has the same, or substantially 
the same, program content as the metropolitan service; and 
 (d) in compliance with subcla use (1), the licensee of a licence 
allocated under section 38C provides a HDTV multi-channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service; and 
 (e) the related terrestrial service ceases to be provided by the 
terrestrial licensee in the related terrestrial licence area; 
subclause (2) does not apply to the section 38C licensee in relation 
to the metropolitan service while the cessation continues. 
SDTV multi-channelled commercia l television broadcasting 
services 
 (6) A licence allocated under section 38C is subject to the condition 
that, if: 
 (a) the licensee (the metropolitan licensee ) of a commercial 
television broadcasting licence for a metropolitan licence 
area provides a SDTV multi-channelled commercial 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 66 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            61 television broadcasting service (the metropolitan service ) in 
the metropolitan licence area; and 
 (b) the metropolitan service is not the core/primary commercial 
television broadcasting service provided by the metropolitan 
licensee; and 
 (c) the licensee of a terrestrial licence for a related terrestrial 
licence area provides a SDTV multi-channelled commercial television broadcasting service (the related terrestrial 
service ) in the related terrestrial licence area; and 
 (d) the related terrestrial service has the same, or substantially 
the same, program content as the metropolitan service; 
the section 38C licensee will provide a SDTV multi-channelled 
commercial television broadcasting service that has the same, or 
substantially the same, program content as the related terrestrial service. 
 (7) A licence allocated under section 38C is subject to the condition 
that, if: 
 (a) the licensee (the metropolitan licensee ) of a commercial 
television broadcasting licence for a metropolitan licence 
area provides a SDTV multi-channelled commercial 
television broadcasting service (the metropolitan service ) in 
the metropolitan licence area; and 
 (b) the metropolitan service is not the core/primary commercial 
television broadcasting service provided by the metropolitan licensee; and 
 (c) there is no SDTV multi-ch annelled commercial television 
broadcasting service that: 
 (i) is provided by the licensee of a terrestrial licence for a 
related terrestrial licence area; and 
 (ii) has the same, or substantially the same, program content 
as the metropolitan service; 
the section 38C licensee will provide a SDTV multi-channelled commercial television broadcasting service that has the same, or 
substantially the same, program content as the metropolitan 
service. 
 (8) Subclauses (6) and (7) do not require a licensee to provide a 
service before the start date for the licence area. 
Note: For start date , see clause 7H. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 67 -Schedule 1   Amendments  
   
 
 
62            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (9) Subclause (7) does not apply to a SDTV multi-channelled 
commercial television broadcasting service that a commercial 
television broadcasting licensee for a metropolitan licence area commences to provide after the end of the simulcast period for the 
metropolitan licence area. 
 (10) If: 
 (a) the licensee (the metropolitan licensee ) of a commercial 
television broadcasting licence for a metropolitan licence 
area provides a SDTV multi-channelled commercial television broadcasting service (the metropolitan service ) in 
the metropolitan licence area; and 
 (b) the metropolitan service is not the core/primary commercial 
television broadcasting service provided by the metropolitan 
licensee; and 
 (c) the licensee of a terrestrial licence for a related terrestrial 
licence area provides a SDTV multi-channelled commercial 
television broadcasting service (the related terrestrial 
service ) in the related terrestrial licence area; and 
 (d) the related terrestrial service has the same, or substantially 
the same, program content as the metropolitan service; and 
 (e) in compliance with subcla use (6), the licensee of a licence 
allocated under section 38C provides a SDTV multi-channelled commercial television broadcasting service that has the same, or substantially the same, program content 
as the related terrestrial service; and 
 (f) the related terrestrial serv ice ceases to be provided by the 
terrestrial licensee in the related terrestrial licence area; 
subclause (7) does not apply to the section 38C licensee in relation to the metropolitan service while the cessation continues. 
Note: For metropolitan lic ence area , related terrestrial licence area  and 
terrestrial licence , see clause 7L. 
7D  Condition about the provisi on of local news services 
 (1) A licence allocated under section 38C is subject to the condition 
that, if a program is provided, or required to be provided, to the 
licensee by another licensee under subsection 43AA(1), the section 38C licensee will broadcast the program on a service 
authorised by paragraph 41CA(1)(c), (f) or (g) as soon as 
practicable after the other licensee begins to broadcast the program. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 68 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            63  (2) Subclause (1) does not apply if the section 38C licensee has 
previously broadcast the program on such a service. 
 (3) Subclause (1) does not apply to a program the broadcasting of 
which in any jurisdiction in the licence area of the section 38C 
licence could result in the section 38C licensee: 
 (a) committing an offence; or 
 (b) becoming liable to a civil penalty; or 
 (c) breaching an order or direction of a court; or 
 (d) being in contempt of court. 
7E  Exemption—provision of  new commercial television 
broadcasting services not technically feasible 
  If: 
 (a) a licence is allocated under section 38C; and 
 (b) after the start date for the licence area of the section 38C 
licence, a commercial television broadcasting licensee (the 
terrestrial licensee ) for a terrestrial licence area commences 
to provide, or proposes to commence to provide: 
 (i) a HDTV multi-channelled commercial television 
broadcasting service; or 
 (ii) a SDTV multi-channelled commercial television 
broadcasting service that is not the core/primary commercial television broadcasting service provided by 
the terrestrial licensee; and 
 (c) apart from this clause, the licensee of the section 38C licence 
is, or will be, required to provide: 
  (i) if subparagraph (b)(i) applies—a HDTV 
multi-channelled commercial television broadcasting 
service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or 
 (ii) if subparagraph (b)(ii) applies—a SDTV 
multi-channelled commercial television broadcasting service the program content of which is the same, or 
substantially the same, as the service provided by the 
terrestrial licensee; and 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 69 -Schedule 1   Amendments  
   
 
 
64            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (d) the ACMA considers that it is not technically feasible for the 
licensee of the section 38C licence to provide the required 
service; 
the ACMA may, by legislative instrument, determine that 
clause 7C does not oblige the section 38C licensee to provide the 
required service. 
Note 1: For start date , see clause 7G. 
Note 2: For terrestrial licence area , see clause 7L. 
7F  Exemption—commercial television broadcasting services with 
the same program content 
 (1) If: 
 (a) a commercial television broadcasting licensee (the terrestrial 
licensee) for a terrestrial licence area provides, or proposes to 
commence to provide: 
 (i) a HDTV multi-channelled commercial television 
broadcasting service; or 
 (ii) a SDTV multi-channelled commercial television 
broadcasting service that is not the core/primary 
commercial television broadcasting service provided by 
the terrestrial licensee; and 
 (b) the program content of the service provided, or to be 
provided, by the terrestrial licensee is, or will be: 
 (i) the same; or 
 (ii) substantially the same;   as the program content of another commercial television 
broadcasting service provided, or to be provided, by the 
terrestrial licensee; and 
 (c) apart from this subclause, the licensee of a section 38C 
licence is, or will be, required to provide: 
  (i) if subparagraph (a)(i) applies—a HDTV 
multi-channelled commercial television broadcasting 
service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or 
 (ii) if subparagraph (a)(ii) applies—a SDTV 
multi-channelled commercial television broadcasting service the program content of which is the same, or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 70 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            65 substantially the same, as the service provided by the 
terrestrial licensee; 
the Minister may, by legislative instrument, determine that 
clause 7C does not oblige the section 38C licensee to provide the 
required service during a period specified in the determination. 
 (2) The specified period must not be longer than 2 years. 
 (3) The Minister may, by legislative instrument, extend or further 
extend the specified period. 
 (4) Before making: 
 (a) a determination under subclause (1); or 
 (b) an instrument under subclause (3); 
 the Minister must consult: 
 (c) the section 38C licensee concerned; and  (d) the ACMA. 
Note: For terrestrial licence area , see clause 7L. 
7G  Delay in commencement of new commercial television 
broadcasting services 
  For the purposes of this Division, if:  (a) a licence is allocated under section 38C; and 
 (b) after the start date for the licence area of the section 38C 
licence, a commercial television broadcasting licensee (the 
terrestrial licensee ) for a terrestrial licence area commences 
to provide: 
 (i) a HDTV multi-channelled commercial television 
broadcasting service; or 
 (ii) a SDTV multi-channelled commercial television 
broadcasting service that is not the core/primary 
commercial television broadcasting service provided by the terrestrial licensee; and 
 (c) the licensee of the section 38C licence is required to provide: 
  (i) if subparagraph (b)(i) applies—a HDTV 
multi-channelled commercial television broadcasting 
service the program content of which is the same, or substantially the same, as the service provided by the 
terrestrial licensee; or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 71 -Schedule 1   Amendments  
   
 
 
66            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (ii) if subparagraph (b)(ii) applies—a SDTV 
multi-channelled commercial television broadcasting 
service the program content of which is the same, or substantially the same, as the service provided by the 
terrestrial licensee; and 
 (d) there is a delay in the provision of the required service; 
disregard the delay so long as the delay is as short as is practicable. 
Note 1: For start date , see clause 7H. 
Note 2: For terrestrial licence area , see clause 7L. 
7H  Start dates for licence areas 
Start date 
 (1) The ACMA may, by legislative instrument, declare that, for the 
purposes of this Division, a specified day is the start date  for the 
South Eastern Australia TV3 licence area. 
 (2) The start date for the South Eastern Australia TV3 licence area 
must not be later than 90 days after the first or only occasion on 
which a licence for the licence area is allocated under section 38C. 
 (3) The ACMA may, by legislative instrument, declare that, for the 
purposes of this Division, a specified day is the start date  for the 
Northern Australia TV3 licence area. 
 (4) The ACMA may, by legislative instrument, declare that, for the 
purposes of this Division, a specified day is the start date  for the 
Western Australia TV3 licence area. 
 (5) The start date for: 
 (a) the Northern Australia TV3 licence area; or 
 (b) the Western Australia TV3 licence area; 
must not be later than 3 months before the end of the earliest 
applicable terrestrial digital te levision switch-over date for the 
licence area. 
Applicable terrestrial digital television switch-over date—Northern 
Australia TV3 licence area 
 (6) For the purposes of this clause, if: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 72 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            67  (a) the licence area of a terrestrial licence is included in the 
Northern Australia TV3 licence area; and 
 (b) there is a simulcast period for the terrestrial licence area; and 
 (c) there is no local market area included in the terrestrial licence 
area; 
the last day of the simulcast period for the terrestrial licence area is 
an applicable terrestrial digital television switch-over date  for the 
Northern Australia TV3 licence area. 
 (7) For the purposes of this clause, if: 
 (a) the licence area of a terrestrial licence is included in the 
Northern Australia TV3 licence area; and 
 (b) there is a simulcast period for the terrestrial licence area; and 
 (c) a local market area is include d in the terrestrial licence area; 
the day on which the local market area becomes a digital-only local 
market area is an applicable terrestrial digital television 
switch-over date  for the Northern Australia TV3 licence area. 
Applicable terrestrial digital television switch-over date—Western 
Australia TV3 licence area 
 (8) For the purposes of this clause, if: 
 (a) the licence area of a terrestrial licence is included in the 
Western Australia TV3 licence area; and 
 (b) there is a simulcast period for the terrestrial licence area; and 
 (c) there is no local market area included in the terrestrial licence 
area; 
the last day of the simulcast period for the terrestrial licence area is 
an applicable terrestrial digital television switch-over date  for the 
Western Australia TV3 licence area. 
 (9) For the purposes of this clause, if: 
 (a) the licence area of a terrestrial licence is included in the 
Western Australia TV3 licence area; and 
 (b) there is a simulcast period for the terrestrial licence area; and 
 (c) a local market area is include d in the terrestrial licence area; 
the day on which the local market area becomes a digital-only local 
market area is an applicable terrestrial digital television 
switch-over date  for the Western Australia TV3 licence area. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 73 -Schedule 1   Amendments  
   
 
 
68            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 7J  Program content 
 (1) In determining, for the purposes of this Division, whether the 
program content of a commercial television broadcasting service 
provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television 
broadcasting service: 
 (a) ignore the following: 
 (i) advertising or sponsorship material (whether or not of a 
commercial kind); 
 (ii) a promotion for a television program or a television 
broadcasting service; 
 (iii) community information material or community 
promotional material; 
 (iv) a weather bulletin; 
 (v) any other similar material; and 
 (b) ignore a news program; and 
 (c) ignore any program the broadcasting of which in any 
jurisdiction in the licence area could result in the 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; and 
 (d) ignore a program broadcast in circumstances specified in the 
regulations. 
 (2) In determining, for the purposes of clause 7B of this Schedule, 
whether the program content of a commercial television 
broadcasting service is the same, or substantially the same, as the program content of another co mmercial television broadcasting 
service, assume that a program that provides coverage of an anti-siphoning event is the same as a program that provides coverage of another anti-siphoning event. 
7K  SDTV multi-channelled comm ercial television broadcasting 
service 
  For the purposes of this Divisi on, assume that paragraph 5A(1)(d) 
of Schedule 4 had not been enacted. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 74 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            69 7L  Definitions 
  In this Division: 
digital-only local market area  has the same meaning as in 
Schedule 4. 
HDTV multi-channelled commercial television broadcasting 
service  has the same meaning as in Schedule 4. 
local market area  has the same meaning as in Schedule 4. 
metropolitan licence area  means a licence area in which is situated 
the General Post Office of the capital city of: 
 (a) New South Wales; or 
 (b) Victoria; or  (c) Queensland; or  (d) Western Australia; or  (e) South Australia; 
but does not include the licence area of a commercial television 
broadcasting licence allocated under section 38C. 
related terrestrial licence area : 
 (a) in relation to a licence allocated under section 38C for the 
South Eastern Australia TV3 licence area—means a 
terrestrial licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or 
 (b) in relation to a licence allocated under section 38C for the 
Northern Australia TV3 licence area—means a terrestrial licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or 
 (c) in relation to a licence allocated under section 38C for the 
Western Australia TV3 licence area—means a terrestrial 
licence area mentioned in column 3 of item 3 of the table in 
subsection 38C(1). 
SDTV multi-channelled commercial television broadcasting 
service  has the same meaning as in Schedule 4. 
simulcast period  has the same meaning as in Schedule 4. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 75 -Schedule 1   Amendments  
   
 
 
70            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 terrestrial licence means a commercial television broadcasting 
licence other than a commercial television broadcasting licence 
allocated under section 38C or subsection 40(1). 
terrestrial licence area  means the licence area of a terrestrial 
licence. 
73  Subparagraph 10(1)(e)(ii) of Schedule 2 
After “allocated under”, insert “section 38C or”. 
74  Subclauses 10(1A) and (1B) of Schedule 2 
After “allocated under”, insert “section 38C or”. 
74A  Clause 2 of Schedule 4 (at the end of the definition of 
coverage area ) 
Add: 
Note: For overlapping coverage areas, see clause 5J. 
75  Clause 2 of Schedule 4 (definition of metropolitan licence 
area) 
Repeal the definition, substitute: 
metropolitan licence area  means a licence area in which is situated 
the General Post Office of the capital city of: 
 (a) New South Wales; or 
 (b) Victoria; or  (c) Queensland; or  (d) Western Australia; or  (e) South Australia; 
but does not include the licence area of a commercial television 
broadcasting licence allocated under section 38C. 
76  Clause 2 of Schedule 4 
Insert: 
primary satellite national television broadcasting service , in 
relation to a national broadcaster, has the meaning given by clause 41N. 
77  Clause 2 of Schedule 4 (definition of regional licence area ) 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 76 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            71 Repeal the definition, substitute: 
regional licence area  means a licence area that is not a 
metropolitan licence area, but does not include the licence area of a 
commercial television broadcasting licence allocated under 
section 38C. 
78  Clause 2 of Schedule 4 
Insert: 
satellite delivery area  means an area that corresponds to the licence 
area of a commercial television broadcasting licence allocated 
under section 38C. 
79  Clause 2 of Schedule 4 (par agraph (a) of the definition of  
simulcast period ) 
After “is”, insert “a metropolitan licence area or a regional licence area, 
but”. 
80  Clause 4C of Schedule 4 
Before “If there is”, insert “(1)”. 
81  At the end of clause 4C of Schedule 4 
Add: 
 (2) Subclause (1) does not apply to a commercial television 
broadcasting licence allocated under section 38C. 
82  After subclause 5(1) of Schedule 4 
Insert: 
 (1A) Subclause (1) does not apply to the licence area of a commercial 
television broadcasting licence allocated under section 38C. 
83  Paragraph 5A(1)(b) of Schedule 4 
Repeal the paragraph, substitute: 
 (b) the service is transmitted in SDTV digital mode: 
 (i) using multi-channelling transmission capacity; or  (ii) with the use of a satellite; and 
84  Paragraph 5B(b) of Schedule 4 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 77 -Schedule 1   Amendments  
   
 
 
72            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Repeal the paragraph, substitute: 
 (b) the service is transmitted in HDTV digital mode: 
 (i) using multi-channelling transmission capacity; or  (ii) with the use of a satellite; and 
85  Paragraph 5C(1)(b) of Schedule 4 
Repeal the paragraph, substitute: 
 (b) the service is transmitted in SDTV digital mode:  (i) using multi-channelling transmission capacity; or 
 (ii) with the use of a satellite; and 
86  At the end of clause 5C of Schedule 4 
Add: 
 (4) Paragraph (1)(d) does not apply to a national television 
broadcasting service provided with the use of a satellite. 
87  Paragraph 5D(b) of Schedule 4 
Repeal the paragraph, substitute: 
 (b) the service is transmitted in HDTV digital mode: 
 (i) using multi-channelling transmission capacity; or  (ii) with the use of a satellite; and 
87A  At the end of Part 1 of Schedule 4 
Add: 
5J  Overlapping coverage areas 
  If: 
 (a) apart from this clause, a coverage area (the first coverage 
area) overlaps with another coverage area; and 
 (b) the last day of the simulcast period for the first coverage area 
is earlier than the last day of the simulcast period for the 
other coverage area; 
this Schedule has effect as if the area of overlap were not part of 
the first coverage area. 
88  Paragraph 6(3)(c) of Schedule 4 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 78 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            73 Omit “a licence area”, substitute “a metropolitan licence area or a 
regional licence area”. 
88A  Subparagraph 6(3)(c)(iia) of Schedule 4 
Omit “for 8 years”, substitute “until the end of 31 December 2013”. 
89  Paragraph 6(5A)(d) of Schedule 4 
Repeal the paragraph, substitute: 
 (d) either: 
 (i) if the other licence was allocated before the 
commencement of section 38C—at or about the time 
when the other licence was allocated, the holder gave 
the ACMA a written notice electing that this subclause 
apply to both of the commercial television broadcasting services concerned; or 
 (ii) if the other licence was allocated after the 
commencement of section 38C—before the end of the simulcast period for the licence area of the other licence, the holder gave the ACMA a written notice electing that 
this subclause apply to the commercial television 
broadcasting services provided under the licences; 
90  Paragraph 6(5A)(e) of Schedule 4 
Omit “either of the commercial television broadcasting services concerned”, substitute “the commerc ial television broadcasting services 
provided under the licences”. 
91  Paragraph 6(5AA)(e) of Schedule 4 
Omit “either of the commercial television broadcasting services 
concerned”, substitute “the commerc ial television broadcasting services 
provided under the licences”. 
92  Paragraph 6(5B)(a) of Schedule 4 
Omit “both of the commercial television broadcasting services 
concerned”, substitute “the commerc ial television broadcasting services 
provided under the commercial television broadcasting licences referred to in whichever of paragraph (5A )(a) or (5AA)(a) is applicable”. 
93  Paragraph 6(5B)(c) of Schedule 4 
Repeal the paragraph. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 79 -Schedule 1   Amendments  
   
 
 
74            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 95  After subclause 6(5C) of Schedule 4 
Insert: 
 (5CA) For the purposes of paragraphs  (3)(f), (j) and (ja), ignore any 
commercial television broadcasting service provided under a 
licence allocated under section 38C. 
97  Subclause 6(5D) of Schedule 4 
Omit “and (5B)(c)”. 
98  After subclause 6(7K) of Schedule 4 
Insert: 
Licences allocated under section 38C 
 (7KA) This clause does not apply to  a commercial television broadcasting 
licence allocated under section 38C. 
98A  After clause 6B of Schedule 4 
Insert: 
6C  Digital conversion of re-transmission facilities 
 (1) In addition to the policy objectiv es set out in subclause 6(3), Part A 
of the commercial television conversion scheme must be directed towards ensuring the achievement of  the policy objective set out in 
subclause (2). 
 (2) The objective is that, if: 
 (a) immediately before the commencement of this clause, a 
self-help provider provided a service that does no more than 
re-transmit programs that are transmitted by a commercial television broadcasting licensee within the licence area of the licence; and 
 (b) the self-help provider did so using a radiocommunications 
transmitter operating at a particular location under the authority of a transmitter licence held by the self-help 
provider; and 
 (c) the sole or principal purpose of the service provided by the 
self-help provider was to enable persons living in a particular 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 80 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            75 area to obtain or improve reception of the commercial 
television broadcasting service concerned; and 
 (d) the commercial television broadcasting licensee notifies the 
ACMA before: 
 (i) the 9-month period ending on the earliest applicable 
digital television switch-over date for the licence area; or 
 (ii) if this clause commences in that 9-month period—the 
earliest applicable digital television switch-over date for the licence area; 
  that the licensee is willing to transmit the commercial 
television broadcasting service, under a transmitter licence held by the commercial television broadcasting licensee, using a radiocommunications transmitter at or near that location; and 
 (e) such other conditions (if any) as are specified in the scheme 
are satisfied; 
then: 
 (f) the commercial television broadcasting licensee should be 
authorised, under a transmitter licence held by the licensee, to transmit the commercial television broadcasting service in digital mode using a radiocommunications transmitter at or 
near that location; and 
 (g) if the radiocommunicati ons transmitter mentioned in 
paragraph (b) is the sole radi ocommunications transmitter the 
operation of which is authorised under the transmitter licence 
mentioned in that paragra ph—the transmitter licence should 
be cancelled; and 
 (h) if the radiocommunicati ons transmitter mentioned in 
paragraph (b) is not the sole radiocommunications transmitter 
authorised by the transmitter licence mentioned in that 
paragraph—the transmitter licence should be varied so that it 
ceases to authorise the operation of the radiocommunications 
transmitter. 
 (3) For the purposes of this clause, if: 
 (a) clause 6 applies to a commercial television broadcasting 
licence; and 
 (b) there is a simulcast period for the licence area of the licence; 
and 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 81 -Schedule 1   Amendments  
   
 
 
76            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (c) there is no local market area included in the licence area of 
the licence; 
the last day of the simulcast period for the licence area is the 
applicable digital television switch-over date  for the licence area. 
 (4) For the purposes of this clause, if: 
 (a) clause 6 applies to a commercial television broadcasting 
licence; and 
 (b) there is a simulcast period for the licence area of the licence; 
and 
 (c) a local market area is included in the licence area of the 
licence; 
the day on which the local market area becomes a digital-only local 
market area is an applicable digital television switch-over date  for 
the licence area. 
99  At the end of clause 7A of Schedule 4 
Add: 
 (4) Subclause (1) does not apply in relation to a commercial television 
broadcasting licence allocated under section 38C. 
100  After subclause 9(1B) of Schedule 4 
Insert: 
 (1BA) Subclause (1) does not apply in relation to a commercial television 
broadcasting licence allocated under section 38C. 
101  After subclause 19(7C) of Schedule 4 
Insert: 
Satellite national television broadcasting services 
 (7CA) This clause does not apply to a national television broadcasting 
service provided with the use of a satellite. 
101B  After clause 35 of Schedule 4 
Insert: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 82 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            77 35A  Certain transmissions to be disregarded 
  For the purposes of clauses 34 and 35, if: 
 (a) a transmitter licence was issued under section 100 of the 
Radiocommunications Act 1992 ; and 
 (b) the transmitter licence authorises the operation of one or 
more transmitters for tran smitting one or more national 
television broadcasting services in digital mode; 
ignore any transmission of those services in digital mode by those 
transmitters. 
102  Before clause 37DA of Schedule 4 
Insert: 
37DAA  This Division does not a pply in relation to section 38C 
licences 
  This Division does not apply in relation to a commercial television 
broadcasting licence allocated under section 38C. 
103  Paragraph 38(4)(a) of Schedule 4 
Repeal the paragraph, substitute: 
 (a) a commercial television broadcasting licence is in force; and 
 (aa) the licence was not allocated under section 38C; and 
103A  Paragraph 38(4)(b) of Schedule 4 
Omit “core”, substitute “core/primary”. 
103B  Subclause 38(4) of Schedule 4 
Omit “, during that period,”, substitute  “, before the end of the final 
digital television switch-over day,”. 
103C  Subclause 38(4) of Schedule 4 
Omit “the core”, substitute “the core/primary”. 
104  Paragraph 38(4A)(a) of Schedule 4 
After “subsection 41B(2)”, insert “, (2C) or (2CB)”. 
104A  Paragraph 38(4A)(b) of Schedule 34 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 83 -Schedule 1   Amendments  
   
 
 
78            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Repeal the paragraph. 
104B  Subclause 38(4A) of Schedule 4 
Omit “, during that period,”, substitute  “, before the end of the final 
digital television switch-over day,”. 
105  After subclause 38(4A) of Schedule 4 
Insert: 
 (4B) If: 
 (a) a commercial television br oadcasting licence is allocated 
under section 38C; and 
 (b) the licensee provides a primary commercial television 
broadcasting service in the licence area; and 
 (c) the licensee provides in the licence area: 
 (i) another SDTV multi-channelled commercial television 
broadcasting service; or 
 (ii) a HDTV multi-channelled commercial television 
broadcasting service; 
then, before the end of the final digital television switch-over day, 
subclause (1) does not require the provision of a captioning service 
for a television program transmitted on: 
 (d) the other SDTV multi-channelled commercial television 
broadcasting service; or 
 (e) the HDTV multi-channelled commercial television 
broadcasting service; 
unless the program has been previously transmitted on the primary 
commercial television broadcasting service. 
106  Subclause 38(5) of Schedule 4 
Repeal the subclause, substitute: 
 (5) If: 
 (a) a national broadcaster provides a national television 
broadcasting service in a coverage area; and 
 (b) the service is not provided with the use of a satellite; 
then, before the end of the final digital television switch-over day, 
subclause (1) does not require the provision of a captioning service 
for a television program transmitted on: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 84 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            79  (c) a SDTV national television broadcasting service provided by 
the national broadcaster otherwise than with the use of a 
satellite; or 
 (d) a HDTV national television broadcasting service provided by 
the national broadcaster otherwise than with the use of a satellite; 
unless: 
 (e) during the simulcast period, or the simulcast-equivalent 
period, as the case may be, for the coverage area, the television program was previously transmitted by the national 
broadcaster on the national television broadcasting service 
that is: 
 (i) provided by the national broadcaster; and 
 (ii) the service to which clause 19 applies; or 
 (f) after the end of the simulcast period, or the 
simulcast-equivalent period, as the case may be, for the coverage area, the television program was previously transmitted by the national broadcaster on the primary national television broadcasting service provided by the national broadcaster. 
109  After subclause 38(5) of Schedule 4 
Insert: 
 (5A) If: 
 (a) a national broadcaster provides a national television 
broadcasting service in a satellite delivery area; and 
 (b) the service is provided with the use of a satellite; 
then, before the end of the final digital television switch-over day, 
subclause (1) does not require the provision of a captioning service 
for a television program transmitted on: 
 (c) a SDTV multi-channelled national television broadcasting 
service provided by the national broadcaster with the use of a satellite; or 
 (d) a HDTV multi-channelled na tional television broadcasting 
service provided by the national broadcaster with the use of a satellite; 
unless the television program has been previously transmitted by 
the national broadcaster on the broadcaster’s primary satellite 
national television broadcasting service. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 85 -Schedule 1   Amendments  
   
 
 
80            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 110  Paragraph 38(9)(a) of Schedule 4 
Repeal the paragraph, substitute: 
 (a) a commercial television broadcasting licence is in force; and 
 (aa) the licence was not allocated under section 38C; and 
110A  Paragraph 38(9)(b) of Schedule 4 
Omit “during that period,”, substitute “before the end of the final digital 
television switch-over day,”. 
111  After subclause 38(9) of Schedule 4 
Insert: 
 (9A) If: 
 (a) a commercial television br oadcasting licence is allocated 
under section 38C; and 
 (b) before the end of the final digital television switch-over day, 
the licensee transmits a television program on: 
 (i) a SDTV multi-channelled commercial television 
broadcasting service; or 
 (ii) a HDTV multi-channelled commercial television 
broadcasting service; 
  in the licence area; and 
 (c) the program has been previously transmitted on another 
commercial television broadcasting service provided by the 
licensee in the licence area; and 
 (d) the licensee provided a captioning service for the program 
when the program was so previously transmitted on the other service; 
the licensee must provide a captioning service for the television 
program transmitted as mentioned in paragraph (b). 
111A  Paragraph 38(10)(a) of Schedule 4 
Repeal the paragraph. 
111B  Paragraph 38(10)(b) of Schedule 4 
Omit “during that period, the nationa l broadcaster”, substitute “before 
the end of the final digital television switch-over day, a national 
broadcaster”. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 86 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            81 111C  Paragraph 38(10)(b) of Schedule 4 
Omit “in the coverage area”, subs titute “in a coverage area”. 
112  After subclause 38(10) of Schedule 4 
Insert: 
 (10A) Subclause (10) does not apply to a national television broadcasting 
service provided with the use of a satellite. 
 (10B) If: 
 (a) a national broadcaster transmits a television program on: 
 (i) a SDTV multi-channelled national television 
broadcasting service; or 
 (ii) a HDTV multi-channelled national television 
broadcasting service; 
  in a satellite delivery area; and  (b) the service mentioned in paragraph (a) is provided with the 
use of a satellite; and 
 (c) the program is transmitted before the end of the final digital 
television switch-over day; and 
 (d) the program has been previously transmitted on another 
national television broadcasting service provided by the 
national broadcaster, with the use of a satellite, in the satellite delivery area; and 
 (e) the national broadcaster provided a captioning service for the 
program when the program was so previously transmitted on the other service; 
the national broadcaster must provide a captioning service for the television program transmitted as mentioned in paragraph (a). 
114  At the end of clause 41A of Schedule 4 
Add: 
Licences allocated under section 38C 
 (4) This clause does not apply in relation to a licence allocated under 
section 38C. 
115  Paragraph 41B(1)(a) of Schedule 4 
After “subsection 41B(2)”, insert “, (2C) or (2CB)”. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 87 -Schedule 1   Amendments  
   
 
 
82            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 116  At the end of clause 41B of Schedule 4 
Add: 
Licences allocated under section 38C 
 (4) This clause does not apply in relation to a licence allocated under 
section 38C. 
117  At the end of clause 41C of Schedule 4 
Add: 
Licences allocated under section 38C 
 (4) This clause does not apply in relation to a licence allocated under 
section 38C. 
118  Paragraph 41D(1)(a) of Schedule 4 
After “subsection 41B(2)”, insert “, (2C) or (2CB)”. 
119  At the end of clause 41D of Schedule 4 
Add: 
Licences allocated under section 38C 
 (4) This clause does not apply in relation to a licence allocated under 
section 38C. 
120  At the end of clause 41E of Schedule 4 
Add: 
Licences allocated under section 38C 
 (4) This clause does not apply in relation to a licence allocated under 
section 38C. 
121  At the end of clause 41F of Schedule 4 
Add: 
Licences allocated under section 38C 
 (4) This clause does not apply in relation to a licence allocated under 
section 38C. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 88 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            83 122  After clause 41F of Schedule 4 
Insert: 
41FA  SDTV multi-channelled comme rcial television broadcasting 
service provided under a section 38C licence—restrictions 
on televising anti-siphoning events 
Scope 
 (1) This clause applies to a commercial television broadcasting 
licensee if: 
 (a) the licence was allocated under section 38C; and 
 (b) the licensee provides: 
 (i) a SDTV multi-channelled commercial television 
broadcasting service that is one of the licensee’s 
primary commercial television broadcasting services in 
the licence area; and 
 (ii) one or more SDTV multi-channelled commercial 
television broadcasting services that are not the 
licensee’s primary commercial television broadcasting services (the secondary commercial television 
broadcasting services ) in the licence area. 
Televising the whole of an anti-siphoning event 
 (2) The licensee must not televise on a secondary commercial 
television broadcasting service in the licence area the whole of an anti-siphoning event unless: 
 (a) the licensee has previously te levised in the licence area the 
whole of the event on one or more of the licensee’s primary commercial television broadcasting services; or 
 (b) the licensee will televise simultaneously in the licence area 
the whole of the event on: 
 (i) one or more of the licensee’s primary commercial 
television broadcasting services; and 
 (ii) the secondary commercial television broadcasting 
service. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 89 -Schedule 1   Amendments  
   
 
 
84            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Televising a part of an anti-siphoning event 
 (3) The licensee must not televise on a secondary commercial 
television broadcasting service in the licence area a part of an 
anti-siphoning event unless: 
 (a) the licensee has previously te levised in the licence area the 
part of the event on one or more of the licensee’s primary 
commercial television broadcasting services; or 
 (b) the licensee will televise simultaneously in the licence area 
the part of the event on: 
 (i) one or more of the licensee’s primary commercial 
television broadcasting service; and 
 (ii) the secondary commercial television broadcasting 
service; or 
 (c) the licensee televises the part of the event in a news or 
current affairs program broadcast on the secondary 
commercial television broadcasting service. 
Note 1: For primary commercial televi sion broadcasting service, see 
subclause 41G(3). 
Note 2: For anti-siphoning event , see subsection 6(1). 
41FB  HDTV multi-channelled commercial television broadcasting 
service provided under a section 38C licence—restrictions 
on televising anti-siphoning events 
Scope 
 (1) This clause applies to a commercial television broadcasting 
licensee if the licence was allocated under section 38C. 
Televising the whole of an anti-siphoning event 
 (2) The licensee must not televise on a HDTV multi-channelled 
commercial television broadcasting service in the licence area the 
whole of an anti-siphoning event unless: 
 (a) the licensee has previously te levised in the licence area the 
whole of the event on one or more of the licensee’s primary 
commercial television broadcasting services; or 
 (b) the licensee will televise simultaneously in the licence area 
the whole of the event on: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 90 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            85  (i) one or more of the licensee’s primary commercial 
television broadcasting services; and 
 (ii) the HDTV multi-channelled commercial television 
broadcasting service. 
Televising a part of an anti-siphoning event 
 (3) The licensee must not televise on a HDTV multi-channelled 
commercial television broadcasting service in the licence area a 
part of an anti-siphoning event unless: 
 (a) the licensee has previously te levised in the licence area the 
part of the event on one or more of the licensee’s primary commercial television broadcasting services; or 
 (b) the licensee will televise simultaneously in the licence area 
the part of the event on: 
 (i) one or more of the licensee’s primary commercial 
television broadcasting services; and 
 (ii) the HDTV multi-channelled commercial television 
broadcasting service; or 
 (c) the licensee televises the part of the event in a news or 
current affairs program broadcast on the HDTV multi-channelled commercial television broadcasting service. 
Note 1: For primary commercial televi sion broadcasting service, see 
subclause 41G(3). 
Note 2: For anti-siphoning event , see subsection 6(1). 
123  Subclause 41G(1) of Schedule 4 
After “subsection 41B(2)”, insert “, (2C) or (2CB)”. 
124  After subclause 41G(1) of Schedule 4 
Insert: 
 (1A) The ACMA must ensure that a declaration under subclause (1): 
 (a) comes into force as soon as practicable after the later of the 
following: 
 (i) when the licensee commences to provide a SDTV 
multi-channelled commercial television broadcasting service in the licence area; 
 (ii) the commencement of this subclause; and 
 (b) is in force at all times during the period: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 91 -Schedule 1   Amendments  
   
 
 
86            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (i) beginning at the time worked out under paragraph (a); 
and 
 (ii) ending at the end of the simulcast period, or 
simulcast-equivalent period, for the licence area. 
125  At the end of clause 41G of Schedule 4 
Add: 
 (3) The ACMA must ensure that a d eclaration under subclause (2) is in 
force at all times after the later of the following: 
 (a) the end of the simulcast-period, or simulcast equivalent 
period, for the licence area; 
 (b) when the licensee commences to provide a SDTV 
multi-channelled commercial television broadcasting service 
in the licence area 
Service provided under a section 38C licence 
 (4) The ACMA may, by legislative instrument, declare that one or 
more specified SDTV multi-channelled commercial television 
broadcasting services provided by a commercial television 
broadcasting licensee whose licence was allocated under section 38C are the licensee’s primary commercial television 
broadcasting services  in the licence area. 
 (5) The number of services declared under subclause (4) in relation to 
a particular licensee must not exceed 3. 
 (6) The ACMA must ensure that a d eclaration under subclause (4) is in 
force at all times on and after the start date for the licence area concerned. 
Definition 
 (7) In this clause: 
start date  has the same meaning as in clause 7H of Schedule 2. 
126  At the end of cause 41H of Schedule 4 
Add: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 92 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            87 National television broadcasting services provided with the use of 
a satellite 
 (4) This clause does not apply in relation to national television 
broadcasting services provided with the use of a satellite. 
127  At the end of clause 41J of Schedule 4 
Add: 
National television broadcasting services provided with the use of a satellite 
 (4) This clause does not apply in relation to national television 
broadcasting services provided with the use of a satellite. 
128  At the end of clause 41K of Schedule 4 
Add: 
National television broadcasting services provided with the use of a satellite 
 (4) This clause does not apply in relation to national television 
broadcasting services provided with the use of a satellite. 
129  At the end of clause 41L of Schedule 4 
Add: 
National television broadcasting services provided with the use of a satellite 
 (4) This clause does not apply in relation to national television 
broadcasting services provided with the use of a satellite. 
130  After clause 41L of Schedule 4 
Insert: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 93 -Schedule 1   Amendments  
   
 
 
88            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 41LA  SDTV multi-channelled national television broadcasting 
service provided with the use of a satellite—restrictions 
on televising anti-siphoning events 
Scope 
 (1) This clause applies to a national broadcaster if the national 
broadcaster provides, with the use of a satellite: 
 (a) a SDTV multi-channelled national television broadcasting 
service that is the broadcaster’s primary satellite national 
television broadcasting service in a satellite delivery area; 
and 
 (b) one or more other SDTV multi-channelled national television 
broadcasting services (the secondary national television 
broadcasting services ) in the satellite delivery area. 
Televising the whole of an anti-siphoning event 
 (2) The national broadcaster must  not televise on a secondary national 
television broadcasting service in the satellite delivery area the whole of an anti-siphoning event unless: 
 (a) the national broadcaster has previously televised in the 
satellite delivery area the whole of the event on the 
broadcaster’s primary satellite national television broadcasting service; or 
 (b) the national broadcaster will televise simultaneously in the 
satellite delivery area the whole of the event on both: 
 (i) the broadcaster’s primary satellite national television 
broadcasting service; and 
 (ii) the secondary national television broadcasting service. 
Televising a part of an anti-siphoning event 
 (3) The national broadcaster must  not televise on a secondary national 
television broadcasting service in the satellite delivery area a part of an anti-siphoning event unless: 
 (a) the national broadcaster has previously televised in the 
satellite delivery area the part of the event on the broadcaster’s primary satellite national television broadcasting service; or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 94 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            89  (b) the national broadcaster will televise simultaneously in the 
satellite delivery area the part of the event on both: 
 (i) the broadcaster’s primary satellite national television 
broadcasting service; and 
 (ii) the secondary national television broadcasting service; 
or 
 (c) the national broadcaster televises the part of the event in a 
news or current affairs progr am broadcast on the secondary 
national television broadcasting service. 
Note 1: For primary satellite national tel evision broadcasting service , see 
clause 41N. 
Note 2: For anti-siphoning event , see subsection 6(1). 
41LB  HDTV multi-channelled nati onal television broadcasting 
service provided with the use of a satellite—restrictions 
on televising anti-siphoning events 
Scope 
 (1) This clause applies to a national broadcaster if the national 
broadcaster provides, with the use of a satellite, a HDTV 
multi-channelled national television broadcasting service. 
Televising the whole of an anti-siphoning event 
 (2) The national broadcaster must not televise on the HDTV 
multi-channelled national television broadcasting service in a 
satellite delivery area the whole of an anti-siphoning event unless: 
 (a) the national broadcaster has previously televised in the 
satellite delivery area the whole of the event on the broadcaster’s primary satellite national television 
broadcasting service; or 
 (b) the national broadcaster will televise simultaneously in the 
satellite delivery area the whole of the event on both: 
 (i) the broadcaster’s primary satellite national television 
broadcasting service; and 
 (ii) the HDTV multi-channelled national television 
broadcasting service. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 95 -Schedule 1   Amendments  
   
 
 
90            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Televising a part of an anti-siphoning event 
 (3) The national broadcaster must not televise on the HDTV 
multi-channelled national television broadcasting service in a 
satellite delivery area a part of an anti-siphoning event unless: 
 (a) the national broadcaster has previously televised in the 
satellite delivery area the part of the event on the 
broadcaster’s primary satellite national television 
broadcasting service; or 
 (b) the national broadcaster will televise simultaneously in the 
satellite delivery area the part of the event on both: 
 (i) the broadcaster’s primary satellite national television 
broadcasting service; and 
 (ii) the HDTV multi-channelled national television 
broadcasting service; or 
 (c) the national broadcaster televises the part of the event in a 
news or current affairs program broadcast on the HDTV multi-channelled national television broadcasting service. 
Note 1: For primary satellite national tel evision broadcasting service , see 
clause 41N. 
Note 2: For anti-siphoning event , see subsection 6(1). 
131  At the end of Part 4A of Schedule 4 
Add: 
41N  Primary satellite national television broadcasting service 
Primary national television broadcasting service 
 (1) A national broadcaster must, by written notice given to the 
Minister, declare that a specified SDTV multi-channelled national television broadcasting service provided by the national 
broadcaster, with the use of a satellite, in a specified satellite 
delivery area is the broadcaster’s primary satellite  national 
television broadcasting service  in the satellite delivery area. 
 (2) The national broadcaster must ensure that a declaration under 
subclause (1): 
 (a) comes into force as soon as practicable after the national 
broadcaster commences to provide a SDTV multi-channelled 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 96 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            91 national television broadcasting service, with the use of a 
satellite, in the satellite delivery area; and 
 (b) is in force at all times after that commencement. 
132  Clause 43 of Schedule 4 
Insert: 
commercial television broadcasting licence  does not include a 
commercial television broadcasting licence allocated under 
section 38C. 
132A  At the end of Part 8 of Schedule 4 
Add: 
60D  Review of content and ca ptioning rules applicable to 
multi-channelled television broadcasting services 
 (1) Before 31 December 2012, the Minister must cause to be 
conducted a review of the following matters: 
 (a) the operation of Part 9 of this Act and clause 38 of this 
Schedule, in so far as those provisions apply to: 
 (i) SDTV multi-channelled commercial television 
broadcasting services; and 
 (ii) HDTV multi-channelled commercial television 
broadcasting services; 
 (b) whether Part 9 of this Act and clause 38 of this Schedule, in 
so far as those provisions apply to: 
 (i) SDTV multi-channelled commercial television 
broadcasting services; and 
 (ii) HDTV multi-channelled commercial television 
broadcasting services; 
  should be amended; 
 (c) the operation of clause 38 of this Schedule, in so far as that 
clause applies to: 
 (i) SDTV multi-channelled na tional television broadcasting 
services; and 
 (ii) HDTV multi-channelled national television 
broadcasting services; 
 (d) whether clause 38 of this Schedule, in so far as that clause 
applies to: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 97 -Schedule 1   Amendments  
   
 
 
92            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (i) SDTV multi-channelled national television broadcasting 
services; and 
 (ii) HDTV multi-channelled national television 
broadcasting services; 
  should be amended. 
 (2) The Minister must cause to be prepared a report of a review under 
subclause (1). 
 (3) The Minister must cause copies of a report to be tabled in each 
House of the Parliament within 15  sitting days of that House after 
the completion of the report. 
133  Subclause 2(1) of Schedule 6 (subparagraph (a)(i) of the 
definition of qualified entity ) 
Omit “formed in Australia or in an  external Territory”, substitute 
“registered under Part 2A.2 of the Corporations Act 2001 ”. 
134  Transitional—licences allocated under section 38B of the 
Broadcasting Services Act 1992  
The amendments of section 38B of the Broadcasting Services Act 1992  
made by this Schedule do not affect the continuity of a licence allocated 
under that section before the commencement of this item. 
Copyright Act 1968  
135  Subsection 10(1) (at the end of the definition of 
broadcast ) (before the note) 
Add: 
For the purposes of the application of this definition to a service provided under a satellite BSA licence, assume that there is no conditional access system that relates to the service. 
136  Subsection 10(1) 
Insert: 
satellite BSA licence  means a commercial television broadcasting 
licence allocated under section 38C of the Broadcasting Services 
Act 1992. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 98 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            93 137  Subsection 10(1) 
Insert: 
satellite BSA licensee  means the licensee of a satellite BSA 
licence. 
138  Section 100AH (note) 
Omit “135ZB or 135ZZI”, substitu te “135ZB, 135ZZI or 135ZZZF”. 
139  Section 135ZZJA 
Before “This Part”, insert “(1)”. 
140  At the end of section 135ZZJA 
Add: 
 (2) This Part does not apply in relation to a re-transmission by a 
satellite BSA licensee. 
Note: For re-broadcasts by satellite BSA licensees, see Part VD. 
141  After Part VC 
Insert: 
Part VD—Re-broadcasts by satellite BSA licensees 
Division 1—Preliminary 
135ZZZF  Definitions 
  In this Part: 
collecting society  means a body that is, for the time being, declared 
to be a collecting society under section 135ZZZO. 
commercial television broadcasting licence  has the same meaning 
as in the Broadcasting Services Act 1992 . 
eligible program  has the meaning given by section 135ZZZG. 
engage in conduct  means: 
 (a) do an act; or 
 (b) omit to perform an act. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 99 -Schedule 1   Amendments  
   
 
 
94            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 notice holder  means the person who is, for the time being, 
appointed to be the notice holder under section 135ZZZT. 
original broadcaster has the meaning given by section 135ZZZG. relevant collecting society , in relation to a remuneration notice, 
means a collecting society for owne rs of copyright in the same 
kind of work or other subject-matter as that to which the 
remuneration notice relates. 
relevant copyright owner  means the owner of the copyright in a 
work, a sound recording or a cinematograph film, but does not 
include a new owner of the copyright in a sound recording of a live 
performance within the meaning of Subdivision B of Division 5 of 
Part IV. 
remuneration notice  means a notice referred to in 
section 135ZZZJ. rules , in relation to a collecting society, means the provisions of 
the memorandum and articles of association of the society. 
135ZZZG  Eligible program  and original broadcaster  
 (2) For the purposes of this Part, if the following conditions are 
satisfied in relation to a program: 
 (a) the program is broadcast by the licensee of a commercial 
television broadcasting licence for a regional licence area 
(within the meaning of section 43AA of the Broadcasting 
Services Act 1992 ); 
 (b) the licensee is required to provide the program to a satellite 
BSA licensee under section 43AA of that Act; 
then: 
 (c) the program is an eligible program ; and 
 (d) the licensee mentioned in paragraph (a) is the original 
broadcaster  of the eligible program. 
 (3) For the purposes of this Part, if the following conditions are 
satisfied in relation to a program: 
 (a) the program is broadcast by the licensee of a commercial 
television broadcasting licence; 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 100 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            95  (b) the licensee is required to provide the program to a satellite 
BSA licensee under section 43AB or 43AC of the 
Broadcasting Services Act 1992 ; 
then: 
 (c) the program is an eligible program ; and 
 (d) the licensee mentioned in paragraph (a) is the original 
broadcaster  of the eligible program. 
135ZZZH  Operation of collecting society rules 
  This Part applies to a collec ting society despite anything in the 
rules of the society, but nothing in  this Part affects those rules so 
far as they can operate together with this Part. 
Division 2—Re-broadcasts by satellite BSA licensees 
135ZZZI  Re-broadcasts by satellite BSA licensees 
Copyright in a work, sound recording or cinematograph film included in an eligible program 
 (1) The copyright in a work, sound recording or cinematograph film 
included in a broadcast of an elig ible program is not infringed by 
the re-broadcast of the eligible program if: 
 (a) the eligible program is re-broadcast by a satellite BSA 
licensee; and 
 (b) the eligible program is re-broadcast on a service authorised 
by the satellite BSA licensee’ s satellite BSA licence; and 
 (c) the re-broadcast of the eligible program complies with the 
conditions of the satellite BSA licensee’s satellite BSA licence that are set out in clause 7A of Schedule 2 to the Broadcasting Services Act 1992 ; and 
 (d) a remuneration notice given by the satellite BSA licensee to 
the relevant collecting society is in force; and 
 (e) the original broadcaster of the eligible program was specified 
in the remuneration notice; and 
 (f) the satellite BSA licensee complies with section 135ZZZL. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 101 -Schedule 1   Amendments  
   
 
 
96            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Copyright in a broadcast of an eligible program 
 (2) The copyright in a broadcast of an eligible program is not infringed 
by the re-broadcast of the eligible program if: 
 (a) the eligible program is re-broadcast by a satellite BSA 
licensee; and 
 (b) the eligible program is re-broadcast on a service authorised 
by the satellite BSA licensee’ s satellite BSA licence; and 
 (c) the re-broadcast of the eligible program complies with the 
conditions of the satellite BSA licensee’s satellite BSA 
licence that are set out in clause 7A of Schedule 2 to the 
Broadcasting Services Act 1992 ; and 
 (d) any of the following conditions is satisfied: 
 (i) there is an agreement in force between the satellite BSA 
licensee and the owner of the copyright in the broadcast 
of the eligible program as to the amount payable by the satellite BSA licensee to the owner of the copyright for the re-broadcast of eligible programs during a particular period; 
 (ii) if there is no agreement—there is in force a 
determination of the Copyright Tribunal under 
section 153RA of the amount payable by the satellite 
BSA licensee to the owner of the copyright in the broadcast of the eligible program for the re-broadcast of eligible programs during a particular period; 
 (iii) if there is no agreement or determination—the satellite 
BSA licensee has given the owner of the copyright in the broadcast of the eligible program a written undertaking to pay to the owner of the copyright such 
amount as is determined by the Copyright Tribunal 
under section 153RA for the re-broadcast of eligible programs during a particular period; and 
 (e) the eligible program is re-broadcast by the satellite BSA 
licensee during the period mentioned in whichever of subparagraphs (d)(i), (ii) or (iii) applies. 
Making a copy for the purpose of a re-broadcast 
 (3) The copyright in a work, sound recording or cinematograph film 
included in a broadcast of an elig ible program is not infringed by 
the making of a copy of the eligible program if: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 102 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            97  (a) the sole purpose of making the copy is to enable a 
re-broadcast of the eligible program at a later time; and 
 (b) subsection (1) would apply to the re-broadcast of the eligible 
program at the later time. 
 (4) The copyright in a broadcast of an eligible program is not infringed 
by the making of a copy of the eligible program if: 
 (a) the sole purpose of making the copy is to enable a 
re-broadcast of the eligible program at a later time; and 
 (b) subsection (2) would apply to the re-broadcast of the eligible 
program at the later time. 
 (5) If: 
 (a) a copy of an eligible progr am is made for a purpose referred 
to in subsection (3) or (4); and 
 (b) under a law of the Commonwealth, the satellite BSA licensee 
is required to retain the copy for a period longer than 7 days 
after the copy is made; and 
 (c) the copy is not destroyed as soon as practicable after the end 
of that period; 
subsection (3) or (4), as the case requires, does not apply, and is 
taken never to have applied, in relation to the making of the copy. 
 (5A) If: 
 (a) a copy of an eligible progr am is made for a purpose referred 
to in subsection (3) or (4); and 
 (b) subsection (5) does not apply; and 
 (c) the copy is not destroyed within 7 days after it is made; 
subsection (3) or (4), as the case requires, does not apply, and is 
taken never to have applied, in relation to the making of the copy. 
 (6) In this section, a reference to the making of a copy  of an eligible 
program is a reference to making a cinematograph film or sound recording of the broadcast of the eligible program, or a copy of 
such a film or sound recording. 
135ZZZJ  Remuneration notices 
 (1) A satellite BSA licensee may,  by written notice given to the 
relevant collecting society, undertake to pay equitable remuneration to the society for re-broadcasts of eligible programs 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 103 -Schedule 1   Amendments  
   
 
 
98            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 broadcast by specified original br oadcasters, where the eligible 
programs are re-broadcast by the satellite BSA licensee while the 
notice is in force. 
 (2) A remuneration notice must specify that the amount of equitable 
remuneration is to be assessed on the basis of the records to be kept 
by the satellite BSA licensee under section 135ZZZL. 
 (3) A remuneration notice comes into force on: 
 (a) the day on which it is given to the collecting society; or 
 (b) such earlier day as is specified in the notice; 
and remains in force until it is revoked. 
135ZZZK  Amount of e quitable remuneration 
 (1) If a satellite BSA licensee gives a remuneration notice to a 
collecting society, the amount of equitable remuneration payable to 
the collecting society for re-broadcasts of eligible programs by the satellite BSA licensee while the notice is in force is the amount: 
 (a) determined by agreement between the satellite BSA licensee 
and the collecting society; or 
 (b) failing such agreement—de termined by the Copyright 
Tribunal on application made by either of them. 
 (2) If a determination has been made by the Copyright Tribunal under 
subsection (1), either: 
 (a) the satellite BSA licensee; or 
 (b) the collecting society; 
may, at any time after 12 months from the day on which the 
determination was made, apply to the Tribunal under that 
subsection for a new determination of amounts payable to the collecting society by the satellite  BSA licensee for re-broadcasts of 
eligible programs by the satellite BSA licensee. 
 (3) For the purposes of subsection (1), different amounts may be 
determined (whether by agreement or by the Copyright Tribunal) in relation to different classes of: 
 (a) works; or 
 (b) sound recordings; or 
 (c) cinematograph films; 
included in re-broadcasts. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 104 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            99 135ZZZL  Record system 
 (1) If a remuneration notice is given to a collecting society by a 
satellite BSA licensee, the satellite BSA licensee must establish 
and maintain a record system. 
 (2) The record system must provide: 
 (a) for a record to be kept of  the title of each eligible program 
that is: 
 (i) broadcast by an original broadcaster specified in the 
remuneration notice; and 
 (ii) re-broadcast by the satellite BSA licensee; and  (b) for the collecting society to  have access to such a record. 
 (3) The record system must be:  (a) determined by agreement between the satellite BSA licensee 
and the collecting society; or 
 (b) failing such agreement—de termined by the Copyright 
Tribunal on application made by either of them. 
 (4) Subsection (3) has effect subject to subsection (2). 
135ZZZM  Revocation of remuneration notice 
 (1) A remuneration notice may be revoked at any time by the relevant 
satellite BSA licensee by written notice given to the collecting 
society to which the remuneration notice was given. 
 (2)  The revocation takes effect: 
 (a) at the end of 3 months after the date of the notice; or 
 (b) on such later day as is specified in the notice. 
135ZZZN  Request for payment of equitable remuneration 
 (1) If a remuneration notice is or has been in force, the collecting 
society to which the notice was given may, by written notice given 
to the relevant satellite BSA li censee, request the satellite BSA 
licensee to pay to the society, within a reasonable time after the date of the notice, the amount of equitable remuneration specified 
in the notice. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 105 -Schedule 1   Amendments  
   
 
 
100            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (2) The amount specified in the notice must be an amount payable 
under section 135ZZZK for re-broadcasts made by the satellite 
BSA licensee while the remuneration notice is or was in force. 
 (3) Subsection (1) has effect subject to subsection (4). 
 (4) If an amount specified in a request under subsection (1) is not paid 
in accordance with the request, it may be recovered from the 
satellite BSA licensee by the collecting society in: 
 (a) the Federal Court of Australia; or 
 (b) any other court of competent jurisdiction; 
as a debt due to the society. 
Division 3—Collecting societies 
135ZZZO  Collecting societies 
 (1) A body may apply to the Minister to be declared as a collecting 
society for: 
 (a) all relevant copyright owners; or 
 (b) specified classes of relevant copyright owners. 
 (2) After receiving the application, the Minister must do one of the 
following: 
 (a) by notice published in the Gazette , declare the body to be a 
collecting society; 
 (b) refuse to declare the body to be a collecting society; 
 (c) both: 
 (i) refer the application to the Copyright Tribunal in the 
way prescribed by the regulations; and 
 (ii)  notify the body of the referral. 
 (3) A declaration made under paragraph (2)(a) is not a legislative 
instrument. 
 (4) If the Minister refers the application to the Copyright Tribunal, the 
Tribunal may declare the body to be a collecting society. 
Note: Section 153U sets out the procedure of the Copyright Tribunal in 
dealing with the reference. 
 (5) A declaration of the body as a collecting society must declare the 
body to be: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 106 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            101  (a) the collecting society for all relevant copyright owners; or 
 (b) the collecting society for classes of relevant copyright owners 
specified in the declaration. 
 (6) If: 
 (a) a body is declared to be th e collecting society for a specified 
class of copyright owners; and 
 (b) another body is subsequently declared to be the collecting 
society for that class of copyright owners: 
then: 
 (c) the first-mentioned collecting society ceases to be the 
collecting society for that class of copyright owners on the 
day on which the subsequent declaration is made; and 
 (d) any remuneration notice given to that collecting society 
ceases to be in force to the extent to which it relates to relevant copyright owners included in that class of copyright 
owners. 
 (7) The Minister and the Copyright Tribunal must not declare a body 
to be a collecting society unless: 
 (a) it is: 
 (i) registered as a company under Part 2A.2 of the 
Corporations Act 2001; and 
 (ii) a company limited by guarantee; and 
 (b) all persons who are included in a class of relevant copyright 
owners to be specified in the d eclaration, or their agents, are 
entitled to become its members; and 
 (c) its rules prohibit the payment of dividends to its members; 
and 
 (d) its rules contain such other provisions as are prescribed, 
where the provisions are necessary to ensure that the interests 
of members of the collecting society who are relevant 
copyright owners, or their agents, are protected adequately, 
including, in particular, provisions about: 
 (i) the collection of amounts of equitable remuneration 
payable under section 135ZZZK; and 
 (ii) the payment of the administrative costs of the collecting 
society out of amounts collected by it; and 
 (iii) the distribution of amounts collected by the collecting 
society; and 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 107 -Schedule 1   Amendments  
   
 
 
102            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (iv) the holding on trust by the collecting society of amounts 
for relevant copyright owners who are not its members; 
and 
 (v) access to records of the collecting society by its 
members. 
 (8) If the Minister or the Copyright  Tribunal has declared a body to be 
the collecting society for a specified class of copyright owners, the Minister and the Copyright Tribunal may refuse to declare another body to be the collecting society for that class of copyright owners unless satisfied that to do so would be in the interests of those copyright owners, having regard to: 
 (a) the number of members of the first-mentioned society; and 
 (b) the scope of its activities; and 
 (c) such other considerations as are relevant. 
135ZZZP  Revocation of declaration 
 (1) This section applies if the Minister is satisfied that a body declared 
as a collecting society: 
 (a) is not functioning adequate ly as a collecting society; or 
 (b) is not acting in accordance w ith its rules or in the best 
interests of those of its members who are relevant copyright owners, or their agents; or 
 (c) has altered its rules so that they no longer comply with 
paragraphs 135ZZZO(7)(c) and (d); or 
 (d) has refused or failed, without reasonable excuse, to comply 
with section 135ZZZQ or 135ZZZR. 
 (2) The Minister may: 
 (a) by notice published in the Gazette , revoke the declaration; or 
 (b) refer the question whether the declaration should be revoked 
to the Copyright Tribunal in the way prescribed by the 
regulations. 
 (3) If the Minister refers the question to the Copyright Tribunal, the 
Tribunal may revoke the declaration if it is satisfied that any of paragraphs (1)(a), (b), (c) and (d) applies to the body. 
Note: Section 153V sets out the procedure of the Copyright Tribunal in 
dealing with the reference. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 108 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            103 135ZZZQ  Annual report and accounts 
 (1) A collecting society must, as soon as practicable after the end of 
each financial year, prepare a report of its operations during that 
financial year and send a copy of the report to the Minister. 
 (2) The Minister must cause a copy of the report sent to the Minister 
under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of that House after the receipt of the report by the Minister. 
 (3) A collecting society must keep accounting records correctly 
recording and explaining: 
 (a) the transactions of the society (including any transactions as 
trustee); and 
 (b) the financial position of the society. 
 (4) The accounting records must be kept in such a manner as will 
enable: 
 (a) true and fair accounts of the society to be prepared from time 
to time; and 
 (b) those accounts to be conveniently and properly audited. 
 (5) A collecting society must, as soon as practicable after the end of 
each financial year: 
 (a) cause its accounts to be audited by an auditor who is not a 
member of the society; and 
 (b) send to the Minister a copy of its accounts as so audited.  (6) A collecting society must give its members reasonable access to 
copies of all reports and audited accounts prepared by it under this 
section. 
 (7) This section does not affect any obligations of a collecting society 
relating to the preparation and lodging of annual returns or accounts under the Corporations Act 2001 . 
 (8) For the purposes of this section, the period: 
 (a) beginning at the commencement of this section; and 
 (b) ending at the end of 30 June 2010; 
is taken to be a financial year. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 109 -Schedule 1   Amendments  
   
 
 
104            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 135ZZZR  Amendment of rules 
  A collecting society must, within 21 days after it alters its rules, 
send a copy of the rules as so altered to the Minister, together with 
a statement setting out: 
 (a) the effect of the alteration; and 
 (b) the reasons why it was made. 
135ZZZS  Applying to Tribuna l for review of distribution 
arrangement 
 (1) A collecting society or a member of a collecting society may apply 
to the Copyright Tribunal for review of the arrangement adopted, 
or proposed to be adopted, by the collecting society for distributing amounts it collects in a period. 
 (2) If the Tribunal makes an order under section 153W varying the 
arrangement or substituting fo r it another arrangement, the 
arrangement reflecting the Tribunal’s order has effect as if it had been adopted in accordance with th e collecting society’s rules, but 
does not affect a distribution started before the order was made. 
Division 4—Interim re-broadcasts 
135ZZZT  Appointment of notice holder 
  The Minister may, by notice published in the Gazette , appoint a 
person to be the notice holder for the purposes of this Division. 
135ZZZU  Re-broadcast before decl aration of collecting society 
  The copyright in a work, sound recording or cinematograph film 
included in a broadcast of an elig ible program is not infringed by 
the re-broadcast of the eligible program if: 
 (a) the eligible program is re-broadcast by a satellite BSA 
licensee; and 
 (b) the eligible program is re-broadcast on a service authorised 
by the satellite BSA licensee’ s satellite BSA licence; and 
 (c) the re-broadcast of the eligible program complies with the 
conditions of the satellite BSA licensee’s satellite BSA 
licence that are set out in clause 7A of Schedule 2 to the 
Broadcasting Services Act 1992 ; and 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 110 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            105  (d) at the time the re-broadcast is made, a collecting society has 
not been declared; and 
 (e) a notice given by the satellite BSA licensee to the notice 
holder under subsection 135ZZZV(1) is in force; and 
 (f) the satellite BSA licensee complies with section 135ZZZL. 
135ZZZV  Notices by satellite BSA licensees 
 (1) A satellite BSA licensee may, at any time before the declaration of 
the first collecting society, by written notice given to the notice 
holder by the satellite BSA licensee, undertake to pay equitable remuneration to a collecting society, when it is declared, for 
re-broadcasts of eligible program s by the satellite BSA licensee 
while the notice is in force. 
 (2) A notice must specify that the amount of equitable remuneration is 
to be assessed on the basis of the r ecords to be kept by the satellite 
BSA licensee under section 135ZZZL. 
 (3) A notice comes into force on: 
 (a) the day on which it is given to the notice holder; or 
 (b) such later day as is specified in the notice; 
and remains in force until it is revoked. 
 (4) A notice may be revoked at any time by the satellite BSA licensee 
by written notice given to the notice holder. 
 (5) The revocation takes effect:  (a) on the date of the notice of revocation; or 
 (b) on such later date as is specified in the notice of revocation. 
135ZZZW  Record keeping requirements 
  If a satellite BSA licensee gives a notice to the notice holder under 
section 135ZZZV, sections 135ZZZK and 135ZZZL apply as if: 
 (a) references to a collecting society were references to the 
notice holder; and 
 (b) references to a remuneratio n notice were references to a 
notice under section 135ZZZV. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 111 -Schedule 1   Amendments  
   
 
 
106            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 135ZZZX  Effect of declarat ion of collecting society 
 (1) If: 
 (a) as a result of the declaration of one or more collecting 
societies, there is a society for all relevant copyright owners; 
and 
 (b) a notice under section 135ZZZV was in force immediately 
before the day on which the declaration came into force; 
then, on and after that day, the notice ceases to have effect as such 
a notice, but is taken, for the purposes of this Part, to be a 
remuneration notice that: 
 (c) was given by the relevant satellite BSA licensee to the 
collecting society, or to each of the collecting societies, as the 
case may be; and 
 (d) came into force on the sa me day as the notice came into 
force. 
 (2) If: 
 (a) one or more collecting societies are declared for one or more, 
but not for all, classes of relevant copyright owners; and 
 (b) a notice was in force immediately before the day on which 
the declaration came into force; 
then, on and after that day: 
 (c) the notice ceases to have effect as such a notice in relation to 
the relevant copyright owners in the class or classes of 
copyright owners for whom a collecting society is declared, but is taken, for the purposes of this Part, to be a remuneration notice that: 
 (i) was given by the relevant satellite BSA licensee to the 
collecting society or to each of the collecting societies, 
as the case may be; and 
 (ii) came into force on the sa me day as the notice came into 
force; and 
 (d) the notice continues to have e ffect as such a notice in relation 
to all other relevant copyright owners. 
 (3) When a notice is, under this section, taken to be a remuneration 
notice, the relevant satellite BSA licensee must cause copies of all 
records made under section 135ZZZL on or after the day on which 
the notice is taken to have come into force to be sent to the relevant 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 112 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            107 collecting society within 21 days after the declaration of the 
collecting society. 
Division 5—Miscellaneous 
135ZZZY  Relevant copyright own er may authorise re-broadcast 
 (1) Nothing in this Part affects the right of the owner of the copyright 
in a broadcast of an eligible program to grant a licence authorising a satellite BSA licensee to re-b roadcast the eligible program 
without infringing that copyright. 
 (2) Nothing in this Part affects the right of the owner of the copyright 
in a work, sound recording or cinematograph film included in a broadcast of an eligible program to grant a licence authorising a satellite BSA licensee to re-broadcast the eligible program without infringing that copyright. 
135ZZZZ  Copyright not to vest under this Part 
  Despite any other provision of this Act, the re-broadcast of an 
eligible program that is not an infringement of copyright under this Part does not vest copyright in any work or other subject-matter in any person. 
135ZZZZA  Licence to re-broadcast does not authorise copyright 
infringements 
  The owner of the copyright in a br oadcast of an eligible program is 
not taken, for the purposes of this  Act, to have authorised the 
infringement of copyright in any work, sound recording or cinematograph film included in the broadcast of the eligible program merely because the owner licenses the re-broadcast of the 
eligible program. 
142  After Subdivision G of Division 3 of Part VI 
Insert: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 113 -Schedule 1   Amendments  
   
 
 
108            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Subdivision GA—Applications and references relating to 
Part VD 
153RA  Application to the Tribunal to determine amount payable to 
owner of copyright in a broadcast 
 (1) Either: 
 (a) a satellite BSA licensee; or 
 (b) a person (the copyright owner ) who is, or will be, the owner 
of the copyright in the broad cast of an eligible program; 
may apply to the Tribunal for an order determining the amount 
payable by the satellite BSA licen see to the copyright owner for 
the re-broadcast by the satellite  BSA licensee, during the period 
specified in the application, of eligible programs, where the 
copyright owner owns the copyright in the broadcast of the eligible programs. 
 (2) The parties to an application under subsection (1) are: 
 (a) the satellite BSA licensee; and 
 (b) the copyright owner. 
 (3) On an application to the Tribunal under subsection (1), the 
Tribunal must consider the applica tion and, after giving the parties 
an opportunity to present their cases, make an order determining 
the amount that it considers to be equitable remuneration for 
re-broadcasts of eligible programs during the period specified in the order, where the copyright owner owns the copyright in the broadcast of the eligible programs. 
 (4) In this section: 
eligible program  has the same meaning as in Part VD. 
153S  Applications to the Tribunal under paragraph 
135ZZZK(1)(b)—equitable remuneration 
 (1) The parties to an application to the Tribunal under paragraph 
135ZZZK(1)(b) for the determination of the amount of equitable remuneration payable to a collecting society by a satellite BSA licensee for re-broadcasts by the sat ellite BSA licensee of eligible 
programs are: 
 (a) the society; and 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 114 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            109  (b) the satellite BSA licensee. 
 (2) On an application to the Tr ibunal under paragraph 135ZZZK(1)(b), 
the Tribunal must consider the application and, after giving the 
parties an opportunity to present their cases, make an order 
determining the amount that it considers to be equitable 
remuneration for the re-broadcast of eligible programs. 
 (3) In making an order, the Tribunal may have regard to such matters 
(if any) as are prescribed. 
 (4) An order may be expressed to have effect in relation to 
re-broadcasts of eligible programs in reliance on section 135ZZZI 
before the day on which the order is made. 
 (5) In this section: 
collecting society  has the same meaning as in Part VD. 
eligible program  has the same meaning as in Part VD. 
153T  Applications to Tribunal under paragraph 135ZZZL(3)(b)—
record system 
 (1) The parties to an application to the Tribunal under paragraph 
135ZZZL(3)(b) for the determination of a record system are: 
 (a) the collecting society concerned; and 
 (b) the satellite BSA licensee concerned. 
 (2) On an application to the Tribunal under paragraph 135ZZZL(3)(b), 
the Tribunal must consider the application and, after giving the 
parties an opportunity to present their cases, make an order 
determining the record system. 
 (3) In this section: 
collecting society  has the same meaning as in Part VD. 
153U  References relating to d eclaration of collecting society 
 (1) This section has effect if the Minister refers to the Copyright 
Tribunal under section 135ZZZO an application of a body to be 
declared a collecting society. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 115 -Schedule 1   Amendments  
   
 
 
110            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (2) The parties to the reference ar e the applicant and any person made 
a party by the Tribunal. 
 (3) The Tribunal may make a person a party if: 
 (a) the person asks to be made a party; and 
 (b) the Tribunal thinks that the person has a sufficient interest in 
either or both of the following questions: 
 (i) whether the applicant should be declared to be a 
collecting society for all relevant copyright owners (as 
defined in Part VD) or a particular class of relevant copyright owners; 
 (ii) whether another body should cease to be the collecting 
society for any of the relevant copyright owners (as defined in Part VD) if the applicant is declared to be a collecting society. 
 (4) After giving each party an opportunity to present its case, the 
Tribunal must: 
 (a) declare the applicant to be a collecting society under 
section 135ZZZO; or 
 (b) reject the application. 
 (5) If the Tribunal declares the app licant to be the collecting society 
under section 135ZZZO, the Registrar must publish notice of the 
declaration in the Gazette . 
153V  References relating to revocation of declaration of collecting 
society 
 (1) This section has effect if the Minister refers to the Copyright 
Tribunal under paragraph 135ZZZP(2)(b) the question whether the declaration of a body as a collecting society should be revoked. 
 (2) The parties to the reference are: 
 (a) the Minister; and 
 (b) the collecting society; and 
 (c) any person made a party by the Tribunal. 
 (3) The Tribunal may make a person a party if:  (a) the person asks to be made a party; and 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 116 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            111  (b) the Tribunal thinks that the person has a sufficient interest in 
the question whether the declaration of the collecting society 
should be revoked. 
 (4) After giving each party an opportunity to present its case, the 
Tribunal must: 
 (a) revoke the declaration of the collecting society under 
subsection 135ZZZP(3); or 
 (b) refuse to revoke the declaration. 
 (5) If the Tribunal revokes the declaration of the collecting society: 
 (a) the revocation must specify the day on which it takes effect; 
and 
 (b) the Registrar must publish notice of the revocation in the 
Gazette . 
153W  Review of collecting society’s distribution arrangement 
 (1) This section has effect if an application is made to the Tribunal 
under section 135ZZZS for review of an arrangement adopted, or 
proposed to be adopted, by a collecting society for distributing amounts it collects in a period. 
 (2) The parties to the application are: 
 (a) the applicant; and 
 (b) the collecting society (if it is not the applicant); and 
 (c) a member of the collecting society, or an organisation 
claiming to be representative of members of the collecting 
society, that the Tribunal makes a party to the application. 
 (3) The Tribunal may make a member of the collecting society, or an 
organisation claiming to be representative of members of the collecting society, a party to the application if: 
 (a) the member or organisation asks to be made a party; and 
 (b) the Tribunal is satisfied that the member or organisation has a 
substantial interest in the arrangement. 
 (4) The Tribunal must consider the application, give the parties an 
opportunity to present their cases then make an order: 
 (a) confirming the arrangement; or  (b) varying the arrangement; or 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 117 -Schedule 1   Amendments  
   
 
 
112            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010  (c) substituting for the arrange ment another arrangement for 
distributing amounts the collecting society collects in the 
period. 
 (5) In this section: 
collecting society  has the same meaning as in Part VD. 
143  Paragraph 195B(1)(e) 
Omit “135ZZB(1A)(b) or 1 35ZZT(1A)(b)”, substitute 
“135ZZB(1A)(b), 135ZZT(1A)(b) or 135ZZZO(2)(b)”. 
144  Paragraph 195B(1)(f) 
Omit “135ZZC(2)(a) or 135ZZU(2)(a )”, substitute “135ZZC(2)(a), 
135ZZU(2)(a) or 135ZZZP(2)(a)”. 
Radiocommunications Act 1992 
144A  Subsection 100(5) 
Before “153H”, insert “102AF, 102AH or”. 
144B  Subsection 101B(1) 
Omit all the words from and including “may,” to and including “under this section”, substitute “may apply in writing to the ACMA for the issue of a transmitter licence under this section”. 
144C  Subsection 101B(6) 
Repeal the subsection. 
144D  Subsection 101C(1) 
Omit all the words from and including “may,” to and including “under this section”, substitute “may apply in writing to the ACMA for the issue of a transmitter licence under this section”. 
144E  Subsections 101C(5) and (9) 
Repeal the subsections. 
145  Before section 102B 
Insert: 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 118 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            113 102AE  Variation of transmitter licences—digital conversion of 
re-transmission facilities 
 (1) If: 
 (a) there is in force a transmitter licence issued under section 102 
or 102A; and 
 (b) the transmitter licence is held  by the licensee of a commercial 
television broadcasting licence (the  related licence ); and  
 (c) the transmitter licence authorises the operation of one or 
more specified radiocommunications transmitters for 
transmitting a commercial television broadcasting service in digital mode in accordance with the related licence; and 
 (d) under a scheme in force under clause 6 of Schedule 4 to the 
Broadcasting Services Act 1992 , the ACMA is required to 
vary the transmitter licence so that the transmitter licence authorises the operation of one or more additional radiocommunications transmitters for transmitting the commercial television broadcasting service in digital mode in accordance with the related licence; and 
 (e) the requirement that the ACMA vary the transmitter licence 
is related to the objective set out in clause 6C of Schedule 4 
to the Broadcasting Services Act 1992 ; 
the ACMA must, by written notice to the transmitter licensee, vary the transmitter licence accordingly. 
 (2) In this section: 
commercial television broadcasting licence  has the same meaning 
as in the Broadcasting Services Act 1992 . 
commercial television broadcasting service  means a commercial 
broadcasting service that provides television programs. 
102AF  Variation or cancellation of transmitter licences—digital 
conversion of re-transmission facilities 
 (1) If: 
 (a) a transmitter licence is in force; and 
 (b) the transmitter licence is held by a self-help provider; and 
 (c) the transmitter licence authorises the operation of 2 or more 
specified radiocommunications transmitters for 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 119 -Schedule 1   Amendments  
   
 
 
114            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 re-transmitting programs that are transmitted by a 
commercial television broadcasting licensee; and 
 (d) under a scheme in force under clause 6 of Schedule 4 to the 
Broadcasting Services Act 1992 , the ACMA is required to 
vary the transmitter licence by removing the specification of one or more, but not all, of the radiocommunications 
transmitters; and 
 (e) the requirement that the ACMA vary the transmitter licence 
is related to the objective set out in clause 6C of Schedule 4 
to the Broadcasting Services Act 1992 ; 
the ACMA must, by written notice to the transmitter licensee, vary 
the transmitter licence accordingly. 
 (2) If: 
 (a) a transmitter licence is in force; and 
 (b) the transmitter licence is held by a self-help provider; and 
 (c) the transmitter licence authorises the operation of a specified 
radiocommunications transmitter for re-transmitting 
programs that are transmitted by a commercial television broadcasting licensee; and 
 (d) under a scheme in force under clause 6 of Schedule 4 to the 
Broadcasting Services Act 1992 , the ACMA is required to 
cancel the transmitter licence; and 
 (e) the requirement that the ACMA cancel the transmitter licence 
is related to the objective set out in clause 6C of Schedule 4 
to the Broadcasting Services Act 1992 ; 
the ACMA must, by written notice to the transmitter licensee, cancel the transmitter licence. 
 (3) In this section: 
commercial television broadcasting licensee  has the same 
meaning as in the Broadcasting Services Act 1992 . 
self-help provider  has the meaning given by section 212A of the 
Broadcasting Services Act 1992. 
102AG  Transmitter licences—re- transmission of commercial 
television broadcasting servic es to be in digital mode 
 (1) The ACMA must not issue a transmitter licence to a self-help 
provider that authorises the operation of one or more specified 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 120 -Amendments  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Television) Act 2010       No. 94, 2010            115 radiocommunications transmitters  for re-transmitting in analog 
mode the programs transmitted by a commercial television 
broadcasting licensee in the licence area of the commercial television broadcasting licence. 
 (2) Subsection (1) does not apply to the issue of a transmitter licence if 
the ACMA issues the transmitter licence: 
 (a) by way of renewal; and 
 (b) during the simulcast period, or simulcast-equivalent period, 
for the licence area mentioned in subsection (1). 
 (3) In this section: 
analog mode  has the same meaning as in Schedule 4 to the 
Broadcasting Services Act 1992 . 
commercial television broadcasting licence  has the same meaning 
as in the Broadcasting Services Act 1992 . 
self-help provider  has the meaning given by section 212A of the 
Broadcasting Services Act 1992. 
simulcast-equivalent period  has the same meaning as in 
Schedule 4 to the Broadcasting Services Act 1992 . 
simulcast period  has the same meaning as in Schedule 4 to the 
Broadcasting Services Act 1992 . 
102AH  Cancellation of transmit ter licences—re-tr ansmission of 
commercial television broadcasting services 
Scope 
 (1) This section applies if: 
 (a) a transmitter licence (the analog transmitter licence ) is in 
force; and 
 (b) the analog transmitter licence is held by a self-help provider; 
and 
 (c) the analog transmitter licence authorises the operation of one 
or more specified radiocom munications transmitters for 
re-transmitting in analog mode the programs transmitted by a 
commercial television broadcasting licensee in the licence area of the commercial television broadcasting licence. 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 121 -Schedule 1   Amendments  
   
 
 
116            Broadcasting Legislation Amendm ent (Digital Television) Act 2010       No. 94, 2010 Cancellation of transmitter licence 
 (2) The analog transmitter licence is cancelled at the end of the 
simulcast period, or the simulcast-equivalent period, for the licence 
area of the commercial television broadcasting licence. 
Definitions 
 (3) In this section: 
analog mode  has the same meaning as in Schedule 4 to the 
Broadcasting Services Act 1992 . 
commercial television broadcasting licence  has the same meaning 
as in the Broadcasting Services Act 1992 . 
self-help provider  has the meaning given by section 212A of the 
Broadcasting Services Act 1992. 
simulcast-equivalent period  has the same meaning as in 
Schedule 4 to the Broadcasting Services Act 1992 . 
simulcast period  has the same meaning as in Schedule 4 to the 
Broadcasting Services Act 1992 . 
 
 
 
 
 
[Minister’s second reading speech made in— 
House of Representatives on 18 March 2010 
Senate on 15 June 2010]  
 
(54/10) 
ComLaw Authoritative Act C2010A00094
IP/N/1/AUS/C/10 
         - 122 -